LOKI [ALPINESS] - General conditions of sale - GENERAL PUBLIC

V3 of 01/07/2021

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Preamble :

SARL LOKI (RCS Nantes n°794 193 367) offers and markets an accompanied hiking service in an electric SWINCAR, under the name ALPINESS (registered trademark).

By extension, in these general conditions of sale and to simplify their reading, the ALPINESS terminology covers both the notion of brand and replaces LOKI for legal issues.  

Article 1: object

The purpose of these conditions is to govern relations between ALPINESS and the CUSTOMER for orders placed on the www.alpiness.fr website, for so-called “GENERAL PUBLIC” CUSTOMERS.

(Companies or associations benefit from specific conditions, on estimate).

 

The CUSTOMER acknowledges having read all the provisions of these general conditions and accepting them without reservation or restriction.

If these general conditions were to change, they would be reproduced immediately on the www.alpiness.fr site, but the applicable conditions will remain those in force on the site on the date of the placing of the order by the CUSTOMER, and attached to their confirmation of reservation.



Article 2: Booking and methods of payment for a Swincar ride

Purchase and payment for a Swincar ride from ALPINESS can only be made via the website www.alpiness.fr and payment can only be made by credit card online.

The date of purchase corresponds to the effective date of receipt of payment.

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Article 3: Choice of the date of the service and time of convocation and condition of performance of the service

  • Organizational requirements do not allow ALPINESS to convene CUSTOMERS according to the convening time of their choice. The beneficiary therefore undertakes to comply with the convocation time which will be indicated to him in the order confirmation email.

  • ALPINESS declines all responsibility in the event of the absence of the buyer or one of his co-participants on the day and at the time of the hike. In particular, no refund or postponement to another date can be made.

  • On the other hand, the buyer undertakes to inform ALPINESS as soon as possible if a setback should prevent him from arriving at the time of the ordered hike.

  • The start time of the activity is given as an indication and may vary by a few hours. In the event of a modification, ALPIESS will notify the customer no later than the day before the hike.

  • In general, a minimum number of 2 reservations per proposed time allows the service to take place. Below this number, Alpiness reserves the right to cancel the service, after prior proposal of a postponement slot (if possible).

  • In particular, depending on the type of hike, a higher minimum number of reservations may be set by ALPINESS so that the hike can be carried out. This information will appear clearly on the www.alpiness.fr website, LES FORMULES menu.

Article 4: cancellation at the initiative of ALPINESS

For reasons beyond its control (impassable hiking trails, exceptional weather conditions, vehicle breakdown, without limitation, etc.), or at the request of local authorities, ALPINESS may have to modify the schedule and possibly cancel the hike. The CUSTOMER will be notified as soon as possible and in the event of a cancellation, the participants will be notified no later than 1 hour in advance by email and/or sms or telephone.

If the rescheduling cannot be done due to lack of availability of the CLIENT, a full refund of the service provided will be made.

Article 5: cancellation at the CLIENT's initiative

 

If the CLIENT wishes to cancel his hike and whatever the cause, the CLIENT undertakes to inform ALPINESS as soon as possible by telephone or text (07 86 37 97 91), or by email. One  Reimbursement will be offered under the following strict conditions:​

  • Until D-2: full refund

  • Until D-1: 50% refund

  • D-Day: until H-2: 25% refund

  • No show at departure (no show): no refund

​ It is recalled that the weather conditions can in no way constitute a case of force majeure such as to justify a postponement by the CLIENT of the scheduled date, only ALPINESS reserves the right to cancel a hike for exceptional weather conditions.

​​ Article 6: Reimbursement conditions

Any refund request must be sent by email to contact@alpiness.fr  by attaching a RIB. If the refund is justified, it will be made by bank transfer within a maximum of 14 days.

Article 7: Commitments of the CLIENT participating in the hike

  • The CLIENT driver must be at least 18 years old and have a valid driving license (to be presented at the start of the hike on request from ALPINESS managers, and to be kept with him during the hike). Non-driving tandem passengers will be at least 5 years old or the equivalent height of a 5-year-old child.

  • The driver and his passenger must not exceed a cumulative weight of 190 kg, the limit supported by the Swincar Tandem, under penalty of being refused the ride (without possible refund).

  • The CUSTOMER driver undertakes to scrupulously respect the safety instructions set out in the briefing preceding the hike and those given during the hike by the ALPINESS supervisor, in accordance with the Code of Good Conduct sent by email with the order confirmation.

It is recalled that in the event of dangerous behavior or failure to observe one of these instructions, the ALPINESS supervisor reserves the right to put an end to the participation in the hike of the participant and his companions, without that no refund, even partial, can be made.

  • The CUSTOMER must also equip themselves in accordance with the instructions specified during the reservation and recalled in the order confirmation email. (Example: wear closed shoes, have warm and waterproof clothing, etc.). In the event of insufficient equipment, the ALPINESS supervisor reserves the right to refuse the CLIENT's participation in the hike, without any refund, even partial, being able to be made.

  • The CUSTOMER driver declares on his honor to be in good health and not to be under the influence of any medical treatment contradictory to driving.

  • Anyone clearly intoxicated, under the influence of narcotics or medication incompatible with driving a motorized vehicle will be refused access to the hike without even partial reimbursement being requested.

  • As soon as they arrive at the meeting point, the participant and their companions authorize ALPINESS to photograph and record by any audio-visual means at their convenience the various situations in which they could be involved. However, the distribution of recorded images on social networks and web platforms can only be done with the CLIENT's agreement, unless the CLIENT is not recognizable (back shot, etc.). This agreement will be given or refused in writing on the welcome document given during the briefing.

 

 

Article 7bis: Commitments of the participant in the hike: Special case of breakage in the event of non-compliance with the instructions

  • The participating driver takes note that in the event of breakage of parts of the vehicle resulting from non-compliance with the Alpiness Code of Good Conduct received by email when booking, explained and given during the briefing prior to the hike, or any other inappropriate behavior, the repairs will be at his full expense, parts and labor, according to the rates below.

  • Labor will be invoiced on a time-spent basis according to an hourly scale communicated by the manufacturer SWINCAR at the rate of €50 per hour.

  • The CUSTOMER undertakes to pay the invoice upon receipt (sending by any means).

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Description - Price in euros excluding tax - Prices in euros including tax

1 - Front/Rear bent leg - 394 - 472.8

2 - Tilt gas spring - 63 - 75.6

3 - Front / rear shock absorber - 80 - 96

4 - Cable Push-Pull tilt 8mm - 93 - 111.6

5 - Push-Pull steering cable 8mm - 97 - 116.4

6 - Cable stop ball joint - 24 - 28.8

7 - Stainless steel shaft - 37 - 44.4

8 - Steering rocker - 37 - 44.4

9 - Brake hose - 12 - 14.4

10 - Potentiometer / accelerator - 44 - 52.8

11 - Tire - 71 - 85.2

12 - Tube - 18 - 21.6

 

13 - Wheel Motor - 833 - 999.6

14 - Main fuse - 30 - 36

15 - Electronic engine controller - 394 - 472.8

16 - Charger - 680 - 816

 

17 - Labor billed by time spent (per hour) - 50 - 60

Article 8: Deposit

 

No deposit will be required on the day of the hike. However, as recalled in article 7bis, the participant's financial responsibility is engaged in the event of non-compliance with the instructions.

Article 9: Insurance

The company LOKI, representative of the ALPINESS brand, is insured by a Civil Liability contract with the company AXA France IARD, RC PRO n°10792636204.

Nature of Guarantees:

Type of guarantees and Limits of guarantees in €:

All consequential bodily, material and immaterial damage combined (other than those referred to in the "other cover" paragraph below): €9,000,000 per year of insurance

Of which :

Bodily injury €9,000,000 per year of insurance

Consequential material and immaterial damage combined €1,200,000 per year of insurance

 

Other guarantees:

Type of cover Limits of cover in €

Accidental damage to the environment (all damages combined) (article 3.1 of the general conditions): €750,000 per year of insurance

Non-consecutive consequential damage (according to extension to the specific conditions): €150,000 per year of insurance

Damage to property entrusted (according to extension to the special conditions): €150,000 per claim

For any other risk, covering in particular cases of cancellation or repatriation costs in the event of accident or illness, the CUSTOMER is invited to take out his own insurance or his own assistance contract.

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Article 10: Liability

  • ALPINESS cannot be held liable for non-performance of the contract in the event of force majeure, disruption or total or partial strike, in particular means of transport and/or communications, flood or fire.

  • ALPINESS will in no way be liable for material damage that may be caused during the hikes to property belonging to the participants, even if they are caused by a third party unrelated to the performance of the service.

  • The driver and his passenger declare that they are aware of and understand the risks inherent in driving a Swincar for leisure purposes and therefore discharge the managers, employees and partners of ALPINESS from any liability in the event of an accident occurring during the day, unless they were the result of proven wrongful behavior by these same people.

  • The CUSTOMER declares to be covered by a valid civil liability insurance.

 

Article 11: Juridiction

Any dispute relating to this sale, even in the event of recourse in warranty or of multiple defendants, will be the exclusive jurisdiction of the courts within the jurisdiction of which the headquarters of the company LOKI, representative of ALPINESS, is located.

 

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Article 12: Website  

The photos on the website www.alpiness.fr are not contractual.

LOKI [ALPINESS]

Limited liability company registered in the Trade and Companies Register of Nantes under the number RCS 794 193 367

Head office is located at 13 bis promenade de Bellevue, 44980 Sainte Luce sur Loire

Legal representative: Thomas Gauffriau

Telephone number: 07 86 37 97 91

Intra-community VAT number: FR56794193367