LEGAL NOTICES AND GENERAL CONDITIONS OF SALE
Legal form: SARL
Registered office : Esson, 14220 FRANCE
Phone : 06.60.04.13.04
Site host : OVH.com
SIRET NUMBER : 50109570700029
VAT : FR48501095707
GENERAL TERMS AND CONDITIONS OF SALE
Registration for our supervised rides, crossing courses or children’s courses implies acceptance and signature of the document that will be presented to you before departure, as well as full acceptance of these general terms and conditions of sale of DUKE ENDURO without reservation. No ride, no course or training course can start without the compulsory presentation of the driving licence necessary to drive the type of vehicle used by the participant as well as the certificate, currently valid, of the vehicle insurance.
Participation in one of our rides, courses or children’s courses requires a prior reservation.
To be validated, the reservation must be accompanied by a deposit of 30% of the total amount of the chosen activity.
The balance of the total amount of the activity must be paid on the day of departure by cheque or cash.
DUKE ENDURO draws the attention of its clients to the necessity of being correctly insured in civil liability, for the practice of outdoor sports activities and in particular for motorcycling. We also advise riders and passengers to be insured for individual accidents when riding abroad or in France. DUKE ENDURO does not have the means to check the state of health, the level of physical resistance and the level of sporting practice of the clients who sign up for its various programmes. It is the responsibility of each client to verify, by a prior medical check-up, that their state of health allows them to participate in the chosen activity. DUKE ENDURO cannot be held responsible for any misjudgment by the client of his or her state of health, physical resistance or technical skills, nor for the resulting decisions of the guides and escorts.
DUKE ENDURO shall inform the riders and passengers that its insurance does not cover the risks associated with a motorised sporting activity and shall ensure that they are fully aware of this through the General Conditions. DUKE ENDURO covers riders and passengers only in the event of proven negligence on the part of the guide and shall not be held liable for damage or injury caused by the rider to himself or to others, caused by negligence, clumsiness or failure to follow the guide’s instructions. In the same way, it is a rule in the world of adventure travel and outdoor activities that any decision in the field relating to the realization or modification of the stay according to unfavourable climatic or geological conditions, the physical condition of the participants or their technical knowledge, remains entirely and exclusively at the discretion of the guides. All participants must comply with the instructions of the guide during their activity.
They will also have to comply with the rules of prudence and safety. The guides reserve the right to exclude a participant for any irresponsible behaviour, dangerous driving or disrespect for the environment or other users encountered along the way. Participating riders are responsible for any damage caused to third parties during the rides or crossing courses. If they break a barrier, wall, fence or cause any other damage to private property, they undertake to assume financial responsibility under the same conditions as the previous paragraph. The latter will not be entitled to any reimbursement.
The participants certify on their honour that they are holders of a civil liability insurance (cf. bodily injury caused to third parties: art. L221-1 of the insurance code), and that they are aware that the risks linked to the practice of motorised sports are not covered by the insurance of DUKE ENDURO. No modification or interruption of the stay resulting from this will give rise to reimbursement or compensation. Additional costs, subject to the client’s acceptance and incurred to continue or modify the initial programme, may be paid for on site by the participants and will not give rise to any reimbursement by DUKE ENDURO.
RESERVATION, DEPOSIT AND PAYMENT OF THE BALANCE
All reservations must be made in writing : mail or e-mail but only become effective after the signature of an order form issued by DUKE ENDURO. To register, please go to the “contact” tab.
To be valid, the registration must be accompanied by a deposit of 30% of the total amount of the activity, payment via Paypal, check or bank transfer. The remaining balance must be paid before the start of the activity. The client who has not paid the balance by the date agreed on the order form is considered to have cancelled the activity.
The assistance, in the exclusive framework of the rides or crossing courses, is provided to supply the participants with fuel and food during the stage and to transport the luggage (one bag per participant) of the participants to the accommodation places. In case of breakdown or serious injury preventing the competitor from joining the evening stage, we will bring the rider and motorbike back to the start or finish of the stage. Under no circumstances will we provide medical assistance.
CANCELLATION BY THE ORGANISER
The customer will not be entitled to any compensation if the cancellation of the trip is imposed by circumstances of force majeure or for reasons relating to the safety of the participants or for the following reasons: mechanical incidents, exceptionally bad weather conditions.
DUKE ENDURO will nevertheless do its utmost to offer the customer an alternative solution that will satisfy him, but without claiming any reimbursement or compensation.
Cancellation, whatever the date, does not exempt you from paying the full amount due and must be notified in writing. In the event of force majeure, you may cancel your registration for one of our activities. To do this, you must: either notify us 48 hours maximum before the day of the planned activity, providing us with your supporting documents, by e-mail or by post, or send us a request by registered post with proof of your inability to attend: family death, illness, physical accident, and stipulating your request for reimbursement. DUKE ENDURO will then check whether you can indeed be reimbursed and will send you your reimbursement within a maximum of 2 months, if your request is justified. If not, you will be informed by return of post of the reasons for the refusal of the refund. Any cancellation not complying with these conditions will not be refunded. If you are not present at the meeting point at the time of departure of the activity, no refund will be possible. The refund procedure can only take place under this condition.
In the event of cancellation by the client, the refund will be made after deduction of the following cancellation fees and administration fees, depending on the departure date:
+ 30 days before departure: 100% refund.
30 days to 21 days before departure: 75% refund
20 days to 8 days before departure: 50% refund
From 7 days to 2 days before departure: No refund
The day before departure: No refund
Except in the case of force majeure: family death, illness, accident, justified in writing.
OBLIGATIONS OF THE PILOT
The pilot must strictly follow all the instructions given by the instructor guide.
The pilot must not be under the influence of alcohol or drugs before or during the activity.
The pilot must follow only the tracks of the instructor guide and not try to get ahead of him/her.
The rider must never overtake the motorbike in front of him/her, unless otherwise indicated by the latter, the spirit of the ride not being a sporting competition. The rider must wear a NF approved helmet and possess the appropriate equipment for enduro motorcycling. The complete equipment required is visible in the relevant sections.
The rider must behave correctly, like a “good father” and must act with prudence and discernment, for the good progress of the activity.