Terms and conditions

In the event of any differences in translations or interpretations, the French version shall prevail.

Preamble :

The SAS « Les chevaux de la Loire » is a company registered with the trade and companies register of Angers n°802-418-582, whose registered office is at Chateau du Pin-en-Vallée, Fontaine-Guérin (49250), France. This company follows the regulation related to travel oprators. The company is registered by Atout-France within the register of travel operators under the number IM049140005, and has subscribed a financial guarantee from Groupama Assurance Crédit, 8-10 rue d’Astorg, 75008 Paris, and a professional indemnity cover regarding its travel operator activity from Groupama Loire-Bretagne, 23 boulevard Solférino, 35012 – Rennes. Its intra-community VAT number is FR65802418582.
The general terms and conditions of sale, and those written in the contract of assignment of the vehicle, presents the legal framework between the SAS “Les chevaux de la Loire”, referred to by the term “the company”, and the natural or legal person, referred to as “the client”, with whom the company is dealing.
The general terms and conditions of sale, which are applying to the clients of the travel agency “Rétro-Emotion”, are in two parts.
The first part is entitled “conditions of the sale of the travel contract” and concerns clients using their own vehicle. The second part is entitled “conditions of the renting contract of a vehicle”. A client using its own vehicle is not concerned by the second part, while a client renting one of the company’s vehicles for a tour organised by the company will be concerned by the two parts. This client will be concerned by all the general terms and conditions of sale. The general terms and conditions of sale may evolve and differ from the previous ones.
The general terms and conditions of sale published on the website are the only valid ones.
By signing a contract with “Rétro-Emotion”, the client acknowledges to have the capacity to contract under the terms and conditions described here, and therefore to be of legal age, and not under guardianship. The client declares that he had read and understood the general terms and conditions of sale set out in the website and that he accepts them without reservation, and that he is therefore informed of the services offered by the company at the date of conclusion of the contract, namely the sale of travel with or without provision of a vehicle. Those services are governed by the provisions of legal Acts regarding travel agencies and sale of organised travels, and car renting contracts; those services are accepted as set at the conclusion of the contract. Any special dispensation to the client will not change these general terms and conditions of sale in any way, and if one of the provisions of these terms and conditions of sale is invalid, in whole or in part, the validity of the remaining provisions shall not be affected.
All photographs used in the brochures or on the website are given as an indication of the comfort level proposed, and are not contractual.
 

Part I: Conditions of the contracts of sale of package tours

First Article: The services

The information on the website and in the brochures is for indication purposes only, to inform the client on the services, prices, procedures of payment, terms and conditions for cancellation and modification, or any others information prior to the reservation.
The company reserves the right to modify, remove or update any information on this website and on the brochures, whatever its nature and at any time. The company reserves the right to modify, cancel or update the booked travel if the client’s comfort, safety or any other imperative necessitate to do so. In this case, practical solutions will be found within reason, in the customer’s benefit. If not, or without any response from the client in a maximum time of seven (7) days, a reimbursement will be envisaged. No claim may be submitted for reimbursement if the service wanted is not available.
The services correspond accurately to the description of the trip for which a booking has been made. However, some changes may occur, in this case the client will be informed, and a solution will be found within reason.
A minimum of two (2) persons is required and a maximum of four (4) persons is authorised for any car, subject to the number of seats in the car booked. This applies for the travel booking. Children are admitted if they are older than three (3) years old, in the case of the rental of a company’s car. Persons from three (3) to twelve (12) years old are considered as children.

 

Second Article: Booking and advances

When a travel has been selected by the client, he must fill in his options and coordinates. This is equivalent to a pre-reservation, and the booking will be complete after having received the customer's payment. The company will then inform the client of the finalisation of the booking. This booking definitely commits the client, who can’t cancel or modify its booked trip unless on the conditions described in the following article.
While doing the pre-reservation, the client must sent an advance which will vary with the date of departure of the travel booked. If the client is doing the pre-reservation earlier than thirty (30) days before the departure, 30% of the price of the booking must be advanced, and must be paid in the seventy-two (72) hours following the pre-reservation for the booking to be valid. If the client is doing the pre-reservation in less than thirty (30) days before the departure date, the whole price of the booking must be paid.
If the client chooses to pay with a certified check or by bank transfer, the pre-reservation is valid for seventy-two (72) hours (the trip and/or the car are booked). The payment must be made within the seventy-two (72) hours, otherwise the pre-reservation is invalidated and the booking is not done.
The booking will not be considered done until the company confirms it, and not by paying the advance or the whole sum of the booking.
When the advance is paid, and the booking done, the rest of the sum of the booking must be paid, if it hasn’t been yet, no later than during the seven (7) first days of the thirty (30) days before the departure, in other words three (3) weeks prior the stay begins. After these days, the customer is considered as having cancelled the trip on his own.
The Company will not be required to keep the availability of the travel booked. The company will give the details regarding the time of departure no earlier than fifteen (15) days prior the stay begins. Details regarding date and place have been confirmed during the full reservation.
Save in exceptional circumstances, correspondence between the company and the client shall be sent in both directions by email or phone calls.

 

Third Article: modification, cancelling and interruption

The client shall be informed that all the services proposed are not subject to Article L.121-20 of the "Code de la consommation”, and consequently, under these circumstances, and in accordance with Article L.121-20-4 of the same "Code de la consommation", the right to cancellation and/or refund does not apply. The only valid conditions of cancellation and/or refund are those provided in these general terms and conditions of sale. There is no right of withdrawal.
The client may ask for a modification in his booking until thirty (30) days before the travel departure date. The modification will not be guaranteed and will be executed subject to availability. All modifications or cancellations must be notified by email to the company, and must contain your name, date and reservation number. For some services, described as non-subject to modification or cancellation, and for some services on some specified dates, all modification or cancellation is impossible.
The client may cancel his booking, but cancellation fees are retained. If the client cancels his booking more than thirty (30) days before the departure date, 10% of the total price of the booking will be retained. Between thirty (30) and fifteen (15) days, 25% of the total price of the booking will be retained. Between fourteen (14) and eight (8) days, 50% of the total price of the booking will be retained. If the client cancels his booking less than seven (7) days before the departure date, the whole price of the booking will be retained. As for the modification, the cancellation must be notified by email and must contain your name, date and reservation number. For some services, described as non-subject to modification or cancellation, and for some services on some specified dates, all modification or cancellation is impossible.
One registrant may be substituted with another individual, only if he fits the same legal conditions, if he gave the company a copy of an identification document and of his driving license if he wants to drive. If the registrant that is substituted was the legal person designed in the contract, the new legal person will be the one that has replaced him, and this person will be responsible for the car if one or more have been booked. The company must be noticed at least seven (7) days before the departure date and must have been sent the driving licence and the identification document and any others information about the one that has replaced one registrant, as it is asked in the “coordinates” part of the website.
If the client wants to interrupt the trip In the course of its duration, by his own will, he will not be able to ask for any reimbursement. Failure to arrive on your confirmed arrival date will result in forfeiture of the reservation, therefore the client shall not ask to proceed on the trip or ask for any reimbursement.
The company reserves the right, in accordance with its general terms and conditions of sale, to cancel a booking, due to a lack of availability of accommodations or cars, even if the car chosen still appears as free on the website. Solutions will be proposed to the client or he will be fully reimbursed.

 

Fourth Article: Prices and means of payment

All prices noted are in Euros (€), per person and per car, if a car is booked, unless otherwise specified, and are inclusive of VAT and other taxes (TTC). Prices includes services described with or without options selected by the client.
The transport price to the departure site is never included in the prices, as it is not a service offered. The prices are exclusive of surcharges, supplements, drinks, gasoline, personal expenses, lunches, extra activities and any other service not included in the description of the trip.
The client may use credit card, online payment or any other mean of payment authorised by the website of the company. He may also use a certified check, strictly reserved for French certified checks, or by bank transfer. In this case, he has seventy-two (72) hours to pay, as stated above. The client may pay an advance or the full sum of the booking if he choose to do his reservation more than thirty (30) days before the departure date. If he does his reservation less than thirty (30) days before the departure date, the whole sum of the booking is due, as stated in the first article.
The client is asked to check if his credit limit is sufficient to pay the whole sum of the booking. If not, the company will not be able to guarantee the availability of his choices.

 

Fifth Article: Responsibility, claims and personal data

The company is not responsible in case of force majeure, of third-party damages or if the contract is not properly performed by the client.
The company must not be confused with her partners, who take their own responsibility for their services.
Any claim shall be sent to the company headquarters by registered post with proof of receipt within fifteen (15) days after the end of the trip. The company cannot be held responsible for any delay due to traffic, accident, loss or theft of personal property.
The collection of personal data, including the questionnaire about accommodation preferences, is strictly for the use of the company and its partners. In accordance with the provisions of the Law N° 78- 17, dated January 6, 1978, any Customer may obtain, and if necessary request the correction or deletion of any information concerning them. The request shall be sent to the company headquarters.

 

Sixth Article: Departure and progress of the stay

Departure and arrival is made at Anger’s train station or at the Angers-Marcé airport. The Logbook and the reservation forms, or “voucher”, will be given to the client during the handing of the car, or by mail, if the client comes with his own vehicle or if he request it.
Those “voucher” will be asked during visits, in the accommodations and in the restaurants, if the option has been chosen. The client will then have access to the services booked. Those forms are found at the end of the logbook and are the only ones valid. No other proof will be accepted or valid. They cannot be sold.
The client who is not a national of a Member State of the European Union must be informed of all the medical, health, administrative and legal requirements (visas, vaccinations, valid driving license in France in the event of car reservation, valid insurance if he comes with his own car, etc), before booking for a trip. Failure to comply with these requirements would result in the failure to proceed with the trip.

 

Part II : conditions of the car rental contract

 

First Article: Responsibility, vehicle and gasoline

According to the trip and the options chosen by the client, the company may rent him a vehicle of his choice. As part of the package tour, the mileage is unlimited, but shall be kept within reason. Therefore, the kilometres indicated on the odometer at the beginning and the end of the travel will be stated.

The vehicle must be handed out with the same tank level of gasoline at the arrival than at the departure. If the fuel level was lower at the arrival, a fee would apply, either taken on the guarantee or by direct payment, to refuel the tank to its departure level. This fee is calculated by the average price of the gasoline in use for the vehicle, multiplied by the number of missing litre, with a surcharge of 10€ for the trip to the fuel station. During the travel, the customer has to personally pay for the fuel.

The client will have to bring a proof (fuel station ticket, receipt, etc) of the kind of fuel he used for the car. He must insert the gasoline indicated. If a wrong gasoline has been used, or if the client cannot bring any proof, a full tank drain must be performed and/or a cleaning of the engine, and will be charged to the client, with a full tank of gazoline, at the average pump price, to the level stated before the departure, with a surcharge of 10€ for the trip to the fuel station

The driver is also responsible for all the traffic violations, fines (in particular parking and speeding fines), that are delivered during the trip and that may be sent to the company afterwards. The client commits himself to pay those fines. Therefore the company reserves the right to give personal information about the driver to the authorities. If the driver has been subject to official sanction, such as a fine or else, during the travel, he must inform the company about it.

 

Second Article: Deposit

The client must pay a deposit before receiving the vehicle. The deposit, which price is described in the fee schedule, equals the insurance deductible of the vehicle. This guarantee may be retained for the amounts owed by the customer, whatever they may be. The client is held responsible for all damages an theft happening during the travel. The deposit may be retained, the whole sum or a part of it, according to the prices of the repairs needed or to the price of whatever is stolen, if the insurer accepts the takeover of the application.

                  The client may choose between a cash deposit and a credit card deposit (visa, etc). The credit card deposit will take the form of a “pre-authorisation of withdrawal”. No amount shall be debited, but it will be blocked on your bank account. The blocking order will be lifted at the returning of the car, if you haven’t committed any damage or any traffic violation, as stated above. The client must ensure to have an adequately provided bank account, because in case of the bank's refusal, the vehicle will not be handed.

In case of an accident with an accident report completed (or stated by law enforcement officers), the deposit will not be retained if, and only if, the responsibility of a third-party is in cause and is clearly stated : the identity of the third-party, his coordinates, his insurance company and his membership number to this company must be stated. On the contrary, if the responsibilities are not clearly stated, the guarantee will be retained, and returned if the client is exonerated by the authorities. If the client is responsible for the accident, the guarantee will be retained according to the amount of the damage, if the insurer accepts the takeover of the application: the insurance reserves the right, for a worthwhile reason, not to accept the takeover of the application, because of an alleged offense of the client, in this case, the client must pay the whole sum of the reparations fees of the vehicle. The guarantee will be fully returned for a week (7 days) after the handing out of the vehicle if no damage or traffic violations have been done by the client, as stated above.

 

Third Article: Documents required and insurance

The client and the driver(s) must have a valid driving licence for the French territory, have more than three (3) years of driving experience within the corresponding vehicle category, be at least twenty-one (21) years old. The licence must be still valid and not to be suspended or withdrawn.

They must have sent a copy of their driving licence during the booking of the vehicle, if they have enough time to send it between the booking and the handing of the vehicle. In any cases, during the handing of the vehicle before the departure, the client must show an identification document or a valid passport and the original(s) driving licence(s). Any person who has not be mentioned to the company and who has the possibility to drive the vehicle, must not drive during the travel.

If the client is a company, a copy of the "Kbis" form from the company of less than one (1) month, and an authorisation from the company director will be required, as well as the copy of the ID(s) and driving licence(s) of the driver(s), as stated above.

The vehicle is well-functioning and is insured against all risks by MMA IARD, n° 140390288T, including theft, fire, for driver and passenger(s), and civil responsibility. The same insurance policy is applied for the guarding of the client’s vehicle during the travel, if this option is chosen.

The client designed above is considered de first driver, and is held responsible for the vehicle and for any damages that may occur during the travel, or for any of his accessories, personal belongings, etc…

An insurance excess, covered by the deposit, is required for the insurance to take over the damages.

The accessories supplied, original or optional, are not covered by the insurance. If they were to be missing during the handing out of the car by the client, he must pay the price for their replacement, should it be because of a theft, a disappearing or a deterioration.

In case of damage, theft, accident of the vehicle, the client commits himself to inform immediately the company and to give it all the information: circumstances, identity of the third-party, duly completed European accident statement form, declaration of a competent authority (police officer or “gendarmerie”). The client must pay the application fees.

The client agrees to always close the windows, the soft top of the convertible and the doors when he leaves the vehicle, even for some seconds, and not to leave any personal belongings in the car, but to keep them with him, as well as for the vehicle’s papers and the contract of rent of the vehicle.

 

Fourth Article: conditions of the rent of a car

The provision of a car is personal and not transferable, and is limited for the duration of the travel booked. The company commits itself to provide to the client the car he had chosen during the booking, subject to availability.

The client is informed of the precautions that must be taken with the vehicle, his driving and his specificities. The client acknowledges that he will be driving a collector car which is fully approved and equipped in regard of the French Highway Code. The car is equipped with all the legal accessories requirements and is in an excellent condition.

The day of the handing of the vehicle to the client, he must accepts without any reservations the inventory of the situation of the vehicle, that will be stated in the “statement of the vehicle’s initial condition”, and he must agrees without any reservations to give the vehicle back in the exact same condition as the one stated before the travel, including all the vehicle’s papers and accessories.

If he had any observations to make, he shall write them in the “observations” paper during the handing of the vehicle. During the handing back of the vehicle, the client must pay in cash the whole sum of money that he may still have to pay.

The company will give to the client a copy of this contract, an European accident notification form (“constat d’accident à l’amiable”), a certificate from the insurance company and a copy of the vehicle registration document. He must show this papers to the authorities, if it is asked. He is the only one responsible of the failure to submit this document in case of roadside check.

The client must hand back the car in due day and time, any delay will be charged with a fee of forty (40) euros per hour, and every hour is due.

The client can, according to the price described in the prices schedule, give his own car to the company, which will be guarded in the company’s premises. The guarding of the client’s vehicle is included in the insurance contract subscribed by the company.

 

Fifth Article: prohibitions

In addition to the prohibitions contained in the valid French Highway Code, it is forbidden to anyone of less than twenty-one (21) years old and/or to anyone that has less than three (3) years driving experience, to drive the car.

According to the article R412-2 French Highway Code, it is forbidden to carry a child aged of less than three (3) years old in a car unequipped with seatbelt in the front seats and in the back seats.

It is forbidden to carry more passengers than authorized and stated in the vehicle registration document. It is also forbidden to smoke inside of the car.3/4

It is forbidden to use the car on a circuit, outside of the public road, to learn to drive, to draw another car or objet, and for illicit or immoral purposes, for publicity purposes, if overloaded, for either paid passenger carrying or goods transportation. The vehicle cannot be subleased and he cannot leave the French territory.

 

Sixth Article: maintenance

The client must ensure at all time and under any circumstances that the vehicle is properly used and properly maintained.

Classic cars are subject to specific maintenance treatment: the client must check at least every two hundred (200) kilometres the oil level and must complete it with the oil provided if needed, without exceed the benchmark “max”.

The client must also check the level of the water, of the brake fluid and of the cooling liquid, as well as the tires pressure. He must ensure that the vehicle is not overheating (using the water temperature gauge if the speedometer is equipped with one). If the vehicle is overheating, the client must stop and inform the company. He must also take into account all the indicators on the dashboard.

If an intervention has to be performed on the vehicle, the company must be notified and must authorize it.

In case of mechanical failure, the client must call the company. If the vehicle was to be temporarily unavailable, another one of the same category will be proposed to the client. If there’s not any other vehicle available, either a new date will be proposed to the client to finish his trip, or he will be refunded.

Seventh Article: Reclaims

Any claim shall be send to the company headquarters by registered post with proof of receipt within fifteen (15) days after the end of the trip.

By validating his booking or car rental, the client acknowledges that he has read, understood and that he agrees to abide by all the terms, condition, instructions, and notices set out in the General Terms and Conditions of Sale.

In accordance with the provisions of the Law N° 78- 17, dated January 6, 1978, any Customer may obtain, and if necessary request the correction or deletion of any information concerning them. The request shall be sent to the company headquarters.