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Terms of Use

Le Vélo Voyageur is a web and mobile platform, accessible at www.levelovoyageur.com as well as an application (the "Interface") operated by Le Vélo Voyageur SAS, whose head office is located 3 quater Avenue Gambetta in Maisons-Alfort (94700) and registered RCS Créteil N° 529 884 116 (the "Company"). This platform is dedicated to the sale and purchase of trips, as well as the services linked to those trips.

The purpose of these Terms of Use is to define the terms and relationship between the users and the Company. These terms constitute a contractual agreement for an indefinite period as soon as the User accept these terms.

The User agrees during each of its visits to the Interface to comply with all these conditions without any reservation. Accordingly, the User acknowledges having read the terms and agrees to it. If the User accesses the site on behalf of a business or other legal entity, he is nevertheless personally bound by these terms.
ARTICLE 1: DEFINITIONS AND RULES OF INTERPRETATION
1.1. Definitions
Except as defined in other sections of this Agreement, capitalized terms and expressions used herein shall have the following meanings:
- "Service (s)" means the service or services offered by the Company on the Interface as referred to in Article 2.3;
- "Company" has the meaning assigned to it in the preliminary statement;
- "Interface" has the meaning assigned to it in the preliminary statement, its meaning is extended to the Vélo Voyageur mobile application to which its use is subject to all the stipulations of these terms. The User declares to submit to it, without any reservation, during each of his access to the Vélo Voyageur application; and
- "User" means any natural or legal person using the Interface.
The rules set out below apply to the interpretation of these terms:
(a) the titles of the Articles are included for convenience and in no way affect the interpretation of any of the provisions of these terms;
(b) the use of the terms "including", "in particular", or "in particular" implies that the enumeration that follows them is not exhaustive;
(c) the term "or" is not exclusive;
(d) the definition attributed to a singular term also applies to that term when it is used in the plural and vice versa. The same applies to the use of the masculine or feminine gender;
(e) the count of deadlines expressed in days, months or years must be made in accordance with the articles 640 to 642 of the French Code Civil de Procedure;
ARTICLE 2 - REGISTRATION - SERVICES
2.1. Eligibility for Services
To be eligible for the Services, the User must be a person, a consumer as defined by French law, over the age of 18 and having full legal capacity.
2.2. Creating a member account
The creation of a member account on the Interface is a prerequisite for the use of the Services.
It involves completing the registration form, available on the Interface, providing accurate, up-to-date and complete information. This information must subsequently be updated regularly by the User in order to preserve their accuracy.
The User must choose a username consisting in a valid email and a password and must provide the following information: his name and surname, billing address, delivery address of any travel documents and telephone number.
User passwords are strictly confidential. In case of unauthorized use of his account or any breach of the confidentiality and security of his means of identification, the User shall, without delay, inform the Company.
Each User agrees to create only one account with his profile.
2.3. Description of Services
On the Interface, several services are offered to the Users (the "Service (s)") including the purchase of trips. The Terms of Sale applicable to the purchase of trips are accessible here. [make the hyperlink]
The User has the opportunity to publish on the Interface comments, testimonials and indications of satisfaction on the trips and the quality of service offered. The Company can not be held responsible for the publication of these comments and opinions on the Interface. The User agrees not to publish content likely to undermine public order or morality, to provoke protests from third parties, or to contravene the legal provisions in force. The Company reserves the right to moderate or not to publish any notice or comment from the User.
ARTICLE 3 - USE OF THE INTERFACE
3.1. Right of accessing the Interface
The Company, in accordance with these Terms, grants Users a limited, revocable, non-exclusive, non-transferable right of access to the Services and the Interface on a strictly personal basis. Any contrary use of the Interface for its purpose is strictly prohibited and constitutes a breach of these terms.
The use of the Interface requires a connection and an internet browser. In order to ensure the proper functioning of the Interface. It is specified that the website is optimized for:
- a screen resolution of 1200x768px; and
- the latest versions of Edge, Chrome, Firefox and Safari browsers.
The application is optimized for Android and IOS.
All hardware and software necessary to access the Interface and the use of the Services remain exclusively the responsibility of the User. The Company has the right to supend, modify, replace, deny access or remove user accounts as it seems fit.
3.2. User obligations
Users forbid themselves:
1. to transmit, publish, distribute, register or destroy any material, in particular the contents of the Interface, in violation of the laws or regulations concerning the collection, processing or transfer of personal information;
2. to create false profiles;
3. to provide inaccurate information in the booking form or not to update it;
4. to disseminate data, information, or content that is defamatory, abusive, obscene, offensive, violent, or of a political, racist or xenophobic nature and, in general, any content that would be contrary to the laws and regulations or the morality;
5. to reference or create links to any content or information available from the Company's websites, except with the express prior written consent of the Company;
6. to obtain other Users passwords or personal identification data;
7. to use any information, content or any data contained on the Interface in order to offer a service, considered by the Company as competitive;
8. to sell or exchange information, content or any data contained on the Interface or Service offered by the Interface, without the express written consent of the Company;
9. to reverse engineer, decompile, disassemble, decipher or otherwise attempt to obtain the source code in connection with any underlying intellectual property used to provide all or any of the Services;
10. to use any manual or automated software, coding robots or other means to access, explore, extract or index any page of the Interface;
11. to endanger or attempt to endanger the security of the Company Interfaces. This includes attempts to control, scan, or test the vulnerability of a system or network or to breach security or authentication measures without express prior permission;
12. to forge or use the products, logos, trademarks or any other element protected by the intellectual property rights of the Company;
13. to simulate the appearance or operation of the Interface, for example by performing a mirror effect;
14. to disrupt or disturb, directly or indirectly, the Interface or the Services, or impose a disproportionate burden on the Interface's infrastructure or attempt to transmit or activate computer viruses via or on the Interface
It is reminded that violations of system or network security may lead to civil and criminal prosecution. The Company verifies the absence of such a violation and may appeal to the judicial authorities to prosecute, if necessary, Users who have participated in such violations.
Users agree to use the Interface in a fair manner, in accordance with its purpose and the legal, regulatory provisions, these terms and the usual practices.
ARTICLE 4 - USE OF THE INTERFACE´S CONTENT
All content of the Interface, including the designs, texts, graphics, images, videos, information, logos, icons-buttons, software, audio files and other belong to the Company, which has sole and full rights on the related intellectual property, or to its partners.
Any representation and / or reproduction and / or partial or total exploitation of the contents and services offered by the Company, by any means whatsoever, without the prior written authorization of the Company, is strictly prohibited and could lead to lawsuits.
ARTICLE 5 - PERSONAL DATA
5.1. Collected data
In order to allow any User to take full advantage of the Services and functionalities of the Interface, the Company collects various data. It is recalled that by registering on the Interface, the User expressly accepts that this data is collected and that whatever the country from which it connects.
These data are collected at different times and in different ways:
When creating a member account:
• last name and first name ;
• billing address ;
• delivery address of any travel documents;
• phone number.
When booking:
• surname, first name and date of birth, sex and size of all participants concerned by the booking;
• and Passport number of all participants concerned by the booking if they book a trip outside of the European Union.
When accessing the Vélo Voyageur application (only for Users who have subscribed to a trip): The Company, provided that the user has not deactivated the geolocation option on their terminal, accesses the geographical position of the User for the purposes of optimal use of the application. Only the Company and its subcontractors access this data to the exclusion of any other third party. The User nevertheless has the possibility to disable the geolocation of his terminal for the use of the application. In this case, some features of the application may not work anymore;

Log files and Internet protocol (IP) address: The Company receives for each connection on the Interface, the link from the site from which the User has arrived and the one to which he is heading when he leaves the Interface. The Company also receives the User's Internet Protocol (IP) address or certain information relating to the operating system of his computer or his Internet browser;

Cookies: The Company uses cookie files that can be defined as text files that can be saved in a terminal when browsing an online service with browser software. A cookie file allows its issuer, during its period of validity not exceeding 13 months, to recognize the relevant terminal each time the terminal accesses digital content containing cookies from the same issuer. It is nevertheless possible to disable the use of cookies by changing the preferences of the User in his browser. In this case, some features of the Interface may not work.

5.2. Preservation of the collected data
Personal data are stored by the Company on its servers for processing in connection with the use of the Services. They are kept for as long as necessary to provide the Services and functions offered by the Interface. In case of unsubscription from the Interface, the collected data will be erased by the Company and only kept as an archive for the purpose of establishing proof of commercial contract that may be archived in accordance with the provisions of the French Commercial Code.
The User always remains the owner of the information concerning him which it transmits to the Company. It has, according to the law n ° 78-17 of January 6th, 1978 modified by the law n ° 2004-801 of August 6th, 2004 and with the Regulation EU 2016/679 of April 27th, 2016, a right of access, of rectification and deletion of personal data concerning him, as well as the right to object to the communication of such data to third parties.
The User may exercise its rights by writing to the following email address: bonjour@levelovoyageur.com or at the following postal address: Le Vélo Voyageur - 59, rue Benoit Malon, 94250 Gentilly. An answer to the request of the User will be sent to him within 30 days.

5.3. Purposes of collecting the data
Personal data is collected from Users in order to (i) enable the User to take full advantage of the Services and functions offered by the Interface, (ii) to prevent fraud and (iii) for statistical purposes.
This data may be communicated by the Company to any third party, including any provider located or not in the European Union, in charge of the execution, processing, management of the Services and the User's booking. (hotels, taxis ...).
However, in special circumstances, the Company may disclose or share the personal data of a User to any other third party, including:
• with the consent of the User;
• to comply with the law, the regulations in force, any legal proceedings, court decisions or any other case of mandatory disclosure; or
• to protect the rights, property or safety of the Interface, its members or the public.
ARTICLE 6 - LIABILITY
6.1. Use of the Interface
The role of the Company is limited to supplying the Services to the Users.
The User is solely liable for the consequences of its use of the Interface.
The User is required to ensure that the use it makes of the Interface complies with the legal and regulatory rules as well as the Terms of Sale. The Company gives no guarantee to the User as to the conformity of its use of the Interface, with national or international legal and regulatory provisions.
The User is warned of the technical risks and access interruptions that may occur on the Interface. Consequently, the Company cannot be held liable for the unavailability or slowdown of the Services.
All information, advice and guides and any other data displayed on the Interface are not intended to constitute advice on the basis of which a decision could be made by the User.
The User must in no way consider as acquired the information and data of the Interface but will independently verify by itself all such information and data. The Company cannot be responsible for the consequences of the use of the data and information displayed on the Interface.
6.2. The data
The Company has no general obligation to monitor the data and content imported by the Users, nor the obligation to delete content that does not appear to be clearly illegal. The User agrees not to input content likely to undermine public order or morality, to provoke protests from third parties, or to contravene the legal provisions in force.
Accordingly, it is expressly agreed that in the event that the Company is involved, in any capacity whatsoever, in any country whatsoever, by a third party on the basis in particular of an industrial or intellectual property right relating to an item provided by a User, this User fully covers the Company for any direct and / or indirect economic and financial consequences (including procedural and defense costs) that would result from these claims.
It is reminded that the data published by Users and the information shared by Users may be collected and used by other Users or third parties. In this sense, the Company does not guarantee the respect of the ownership of these data. It is the responsibility of the User to take all necessary measures to preserve the ownership of its data. The User must ensure the sending of data to the Interface and can not blame the Company on any basis and for any reason whatsoever the non-receipt or loss of data transmitted. The user will then take care to keep a backup of the transmitted data.
6.3. General provisions
In any case, the Company can not under any circumstances be liable for indirect or unforeseeable losses or damages of Users or third parties, including any missed profits, inaccuracy or corruption of files or data or loss of opportunity related in any way and on any grounds whatsoever in these Terms.
The Company can not be responsible for the delay or non-performance of this Contract justified by a case of force majeure, as defined by the case law of the French courts and tribunals.


ARTICLE 7 - MODIFICATION OF SERVICES
The Company is free to terminate or modify the terms of Services at any time. The Services offered free of charge do not imply any obligation from the Company.
The Company reserves the right to restrict, suspend or cancel, without notice, the access of any User to the Interface, if the latter misuses or abuses the Services. The assessment of the User's behavior is reserved at the sole discretion of the Company.
ARTICLE 8 - EVIDENCE AGREEMENT
The systems and computer files are admissable in the relation between the Company and the User. Accordingly, the Company may validly produce in any proceedings, for evidence, any data, files, programs, recordings or other material received, transmitted or retained by the Company's computer systems in any digital or digital media. analogous, and take advantage of it unless manifestly wrong.
ARTICLE 9 - VARIOUS PROVISIONS
9.1. Indivisibility of the Terms
The fact that any provision of these Terms are or becomes unlawful or unenforceable will in no way affect the validity or enforceability of the other terms of these terms.
9.2. Modification of the Terms
The Company reserves the right to modify, supplement or replace these Terms.
ARTICLE 10 - SETTLEMENT OF CLAIMS
The conclusion, interpretation and validity of these Terms are governed by French law, regardless of the country of origin of the User or the country from which the User accesses the Interface and notwithstanding the principles of conflict of laws.
In the event that a dispute concerning the validity, performance or interpretation of these Terms are brought before the civil courts, it will be submitted to the exclusive jurisdiction of the French courts to which it is expressly attributed competence, even in the case of summary proceedings or multiple defendants.
The User is informed that it can in any case resort to a conventional mediation or to any alternative way of settling disputes (conciliation for example) in case of dispute.
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LEGAL MENTIONS
LE VELO VOYAGEUR
SAS (Société par actions simplifiée) with a share capital of Euros 35 000
Headquater : 3 quater, avenue Gambetta à Maisons-Alfort (94700)
VAT: FR52988411600029
Phone number: 0180919818
529 884 116 R.C.S Créteil
Director of pubication : Bérangère Florin
CNIL :1514625 v 0

The Website is hosted by : Kernix

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