Terms

of Service

Last update: 26/09/2024

These General Terms and Conditions of Sale (hereinafter referred to as ” GTCS “) define the terms and conditions of a distance selling contract via the Online Shop located at www.moto-tour-inde.com between:
Any person browsing the website: www.moto-tour-inde.com,(hereinafter referred to as the ” Customer “)

AND

Narmada Gopala Private Limited, registered in India under number U74999RJ2021PTC075077 and domiciled at Narbda devi, Chavndiya road, Narbda devi w/o nathu Ganaheda, Pushkar, Ajmer, Ajmer, Rajasthan, India 305022 (hereinafter the ” Seller “).

Article 1 – Purpose and Scope

These Terms of Service apply to the remote sale of Services by the Seller via its online shop located at www.moto-tour-inde.com (hereinafter the “Online Shop“) to a Customer (hereinafter the “Customer“). These Terms of Service define the reciprocal rights and obligations of the Seller and the Customer in the event of the remote purchase or reservation of tourism services provided on a specific date (hereinafter the “Services“).

The Seller is an independent company directly offering and performing Services of tourist activities at a specific date and location locally, and do not constitute packages of professionally facilitated linked travel services for travelers falling within the scope of Directive (EU) 2015/2302 of the European Parliament and of the Council.

The GTCS set forth the rights and obligations of the Vendor and the Customer (hereinafter referred to as the ” Parties “) in connection with an order placed by the Customer via the Vendor’s online Boutique, without prejudice to the application of the provisions of the French Consumer Code specific to the Customer as a Consumer. By placing an order on the Seller’s Online Shop, the Customer acknowledges having read and accepted the present TOS. The TOS in force at the time the order is placed by the Customer on the Online Shop are deemed accepted without reservation by the Customer. If the Customer waives acceptance of these TOS, the said order shall be deemed null and void.

The Seller reserves the right to modify or update these TOS, and therefore recommends that Customers systematically reread the TOS before placing any order on the Online Shop. The date of the last update of these TOS is shown at the top of this page in bold.

The TOS do not apply in cases where:

the Customer places an order on the Online Shop as a natural person or legal entity for professional purposes.
the Customer places an order on the e-boutique as a Professional as defined in Article Liminaire of the French Consumer Code.

Article 2 – Ordering on the Online Shop

The Customer may place an order via the Online Shop by selecting the desired Services and following the payment instructions. Any order placed on the Seller’s Online Shop has the value of a distance selling contract between the Customer and the Seller. The Parties are bound by a distance selling contract from the moment the order is confirmed by the Customer after viewing the details and final price of this order.

These TOS apply to the sales contract between the Seller and the Customer. The Seller reserves the right to accept or refuse any order placed by a Customer. The Customer acknowledges that he/she is over 18 years of age to place an order on the Online Shop.

If the order is accepted by the Seller, the Customer will receive confirmation of the order within 48 hours at the e-mail address provided at the time of ordering. In the absence of order confirmation from the Seller within 48 hours, the distance selling contract is deemed null and void, and the Customer is assured that no money will be taken from him/her for payment of this order, or if payment has already been made, the Customer is assured that the total amount paid for the order will be returned to his/her bank account.

Article 3 – Services

§1 – Description of Services

The Seller undertakes to provide the most accurate possible description and presentation of the essential characteristics of each Service displayed on the Online Shop. In the event of an error in the display or description of the Services, the Seller reserves the right to correct them at any time and will endeavor to notify the Customer, offering him or her:

either to cancel the purchase of the Service in question
or to confirm the purchase in the light of the changes made to the description of the Service in question.

The date and time for which the Customer wishes to benefit from a Service from the Seller is indicated at the time of the order summary and at the time of order confirmation by the Seller. The date and time for which the Customer wishes to benefit from the Seller’s Services corresponds to the date of commencement of the Services provided by the Seller.

§2 – Main characteristics of the Services

The description of each Service offered by the Seller on the Online Shop includes the following elements:

the destination(s), itinerary and periods of stay, with dates and, where accommodation is included, the number of nights included ;
means, characteristics and categories of transport, places, dates and times of departure and return ;
meals provided ;
visits, excursions, or other services included in the total price agreed for the Service.

If any of the items listed above do not appear in the description of the Seller’s Services on the Online Shop, the Customer is kindly requested to inform the Seller or to contact the Online Shop customer service in order to obtain the relevant information.

The Seller also provides the Customer with a list of items to be provided by the Customer for the proper performance of the Services in Appendix 1 below

Article 4 – Price and payment terms

The prices of the Services are displayed on the online shop with the description of each Service and at the time of the order summary. The price displayed corresponds to the price of each Service, all taxes included.
The price of the Services does not include :

The journey (all modes of transport combined: plane, train, bus, car and others…) enabling the Customer to arrive at the point of departure of the Service from his or her initial home/point of departure and enabling the Customer to return from the point of arrival of the Service to his or her final home/point of return.
Insurance covering the cost of termination of this contract by the Customer, the cost of any on-site assistance for the Customer, and repatriation of the Customer to his or her home/country of residence/initial point of departure/final point of arrival in the event of accident, illness or death.
The extras you’ll want to buy
Entrance tickets for visits.
Motorcycle deposit of €300 to be paid on arrival in India and returned at the end of your stay.

The items listed above remain the responsibility of the Customer.

Payment corresponds to payment of the total amount, including all taxes, for the Services. The means of payment accepted by the Seller appear in the order summary on the Online Shop.

The Customer is required to pay 30% of the total payment for the Services at the time the Services are booked on the Online Shop, and 70% of the total payment for the Services at the time the Services are provided by the Seller.

In the event of failure by the Customer to comply with the payment terms set out below, the Seller shall be entitled to demand full termination of the present contract by written notice to the Customer within 7 calendar days.

Article 5 – Promotions

In the event of an active promotion on the Online Shop, the reference price of the Service is displayed alongside the selling price. The reference price corresponds:

either the price previously charged by the Seller for this Service, or
or the maximum legal price for this type of Service if its price is regulated.

Article 6 – Responsibility of the Seller in the sale and provision of Services

§1 – Unavailability of Services on the Online Shop

The Seller cannot be held responsible for the unavailability of a Service. The Seller reserves the right to withdraw a Service from the Online Shop at any time. In the event that one of the Services ordered by the Customer becomes unavailable when the order has been confirmed by the Seller, the Seller undertakes to contact the Customer as soon as possible to offer the replacement of the unavailable Service by a similar Service at an identical substitute price, or a full refund of any deposit paid for the order.

§2 – Execution of ordered Services

The Seller is obliged to provide the Services ordered and paid for in full by the Customer. In the event that the Seller is unable to perform the Service ordered by the Customer, the Seller undertakes to contact the Customer as soon as possible to offer the replacement of the unavailable Service by a similar Service at an identical substitute price, or a full refund of any deposit paid for the order.

§3 – Contractors and subcontractors

The Seller is free to engage one or more service providers or subcontractors to deliver part of the Services ordered by the Customer.

The Seller may not be held responsible for the unavailability of one or more service providers or subcontractors causing a change in the precise dates, times or places of delivery of the Services.

In the event that one or more of the Seller’s service providers or subcontractors becomes temporarily unavailable or unable to perform the part of the Services in question, causing a change in the precise dates, times or locations of the provision of the Services, the Seller undertakes to contact the Customer as soon as possible to offer the replacement of the unavailable Service by a similar Service at an identical substitution price or the full refund of any sum corresponding to the part of the Services affected by the unavailability of the Seller’s subcontractor(s).

§4 – Damage during provision of services

To the fullest extent permitted by applicable law, the Seller shall only be liable for expenses and costs incurred by the Customer as a result of the Seller’s willful or reckless misconduct. Accordingly, unless the damage is the result of willful misconduct or recklessness on the part of the Seller, the Seller shall not be liable to the Customer for any of the following (non-limiting) damages/costs:

Any indirect Losses, damages, or consequential damages, including, but not limited to, loss of profits, loss of revenue, loss of goodwill, loss of anticipated savings and loss or corruption of data; and
Any theft, loss, degradation, or damage to any of the Customer’s personal effects during the performance of the Services by the Seller and its subcontractors; and
Any physical injury in the course of the services defined in the Services by the Seller and its subcontractors; and
Any travel, accommodation or meal expenses outside the services defined in the Services by the Seller.

Notwithstanding any other provision of these TOS and to the extent permitted by law, the Seller’s maximum liability to the Customer is limited to the total price of the Services ordered by the Customer.

To the fullest extent permitted by applicable law, the Seller shall not be liable for any damages caused to third-parties under these TOS.

Article 7 – Order cancellation

§1 – Cancellation by the Seller

Cancellation of the order may be requested by the Seller at any time in writing in the event of the Seller’s inability to provide the Services. In the event of cancellation by the Seller due to the impossibility of performing the Services, the Seller undertakes to offer a postponement of the Services if possible, or a full refund of the Services ordered by the Customer.

§2 – Cancellation by the Customer

Once an order has been placed, the Customer may cancel it by sending a written request to the Seller. In the event of cancellation by the Customer after the Services have been ordered from the Online Shop, the Customer is obliged to pay the full price of the Services within 30 days of notification of the Customer’s request to cancel the Services order.

Article 8 – Withdrawal right: exclusion

In accordance with the provisions of the French Consumer Code (Code de la Consommation) annexed below, the Seller offers leisure activity Services which must be provided on a specific date or within a specific period, and the Customer may not therefore exercise the right of withdrawal in respect of the Services which the Customer orders from the Seller.

Article 9 – Partial nullity

If one or more of the provisions of these TOS are deemed invalid in application of a standard in force or a final decision issued by a competent court, the provisions not affected by this invalidation remain applicable in their entirety.

Article 10 – Applicable law and jurisdiction

These TOS are governed by French law. In the event of a dispute arising between the Customer and the Seller, the parties shall give priority to an amicable resolution of the dispute by recourse to a Mediator. The contact details of the Mediator competent in the event of a dispute between the Seller and a Customer are available at the following address: https://www.mediation-franchise.com. Any dispute relating to the interpretation and/or execution of these TOS shall be subject to the jurisdiction of the French courts.

Appendix 1: Important pre-trip information

For your stay in India with Narmada Gopala, the customer should plan to have in his possession before the date of departure:

A VISA obtained before the departure date of your stay (please note that it can take a long time to obtain).
Passport valid for 6 months after date of return
A valid French driver’s license AND an international driver’s license (for pilots)
Make sure you have a compatible insurance policy, or contact your insurer.
Your complete motorcycle riding equipment (helmet, gloves, adapted jacket, adapted pants, adapted shoes)
Lightweight outfits for visits, warmer outfits for outdoor evenings, and rain gear.
A budget of around €200 for entrance fees to the various monuments and sites visited
Plan a budget for souvenirs and extras if you wish, making sure you either exchange euros for rupees at a foreign exchange office, or make sure your bank card works abroad with adequate insurance (check with your bank).

Appendix 2: Consumer Code

§1 – Clauses abusives

Article L132-1, Amended by Ordonnance n°2016-131 of February 10, 2016 – art. 6, Repealed by Ordonnance n°2016-301 of March 14, 2016 – art. 34 (VD)

In contracts concluded between professionals and non-professionals or consumers, clauses are unfair if their purpose or effect is to create a significant imbalance between the rights and obligations of the parties to the contract, to the detriment of the non-professional or consumer.

A Conseil d’Etat decree, issued after consultation with the commission set up under article L. 534-1, determines a list of terms presumed to be unfair; in the event of a dispute concerning a contract containing such a term, the professional must provide proof that the disputed term is not unfair.

A decree issued under the same conditions determines the types of clauses which, in view of the seriousness of the harm they cause to the balance of the contract, must be irrefutably regarded as unfair within the meaning of the first paragraph.

These provisions apply regardless of the form or medium of the contract. This applies in particular to purchase orders, invoices, guarantee notes, delivery slips or vouchers, tickets or tickets containing stipulations negotiated freely or otherwise, or references to pre-established general terms and conditions.

Without prejudice to the rules of interpretation set out in articles 1188, 1189, 1191 and 1192 of the Civil Code, the unfairness of a clause is assessed by reference, at the time the contract is concluded, to all the circumstances surrounding its conclusion, as well as to all the other clauses of the contract. It is also assessed in relation to those contained in another contract when the conclusion or performance of these two contracts are legally dependent on each other.

Unfair terms are deemed unwritten.

The assessment of the unfairness of terms within the meaning of the first paragraph does not concern the definition of the main subject of the contract or the appropriateness of the price or remuneration for the goods sold or the service offered, provided that the terms are drafted in a clear and comprehensible manner.

The contract will remain enforceable in all its provisions other than those deemed unfair if it can survive without the said clauses.

The provisions of this article are a matter of public policy.

§2 – Right of withdrawal

Article L221-28, Created by Ordonnance n°2016-301 of March 14, 2016 – art.
The right of withdrawal cannot be exercised for contracts :

Supply of services fully performed before the end of the withdrawal period and whose performance has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal;
The supply of goods or services whose price depends on fluctuations in the financial market beyond the control of the professional and likely to occur during the withdrawal period;
Supply of goods made to the consumer’s specifications or clearly personalized;
Supply of goods liable to deteriorate or expire rapidly;
The supply of goods which have been unsealed by the consumer after delivery and which cannot be returned for reasons of hygiene or health protection;
De fourniture de biens qui, après avoir été livrés et de par leur nature, sont mélangés de manière indissociable avec d’autres articles ;
The supply of alcoholic beverages, the delivery of which is deferred for more than thirty days and the value of which agreed at the conclusion of the contract depends on fluctuations in the market beyond the control of the professional;
Maintenance or repair work to be carried out urgently at the consumer’s home and expressly requested by the consumer, within the limit of spare parts and work strictly necessary to respond to the emergency;
The supply of audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
The supply of a newspaper, periodical or magazine, except for subscription contracts for these publications;
Concluded at a public auction ;
Accommodation services, other than residential accommodation, transportation services, car rental, catering or leisure activities that must be provided on a specific date or at a specific time;
The supply of digital content not provided on a tangible medium, the performance of which has begun after the consumer’s express prior agreement and express waiver of his right of withdrawal.

§3 – Statutory interest rates

Article L242-4Created by Ordinance n°2016-301 of March 14, 2016 – art.
Where the trader has not reimbursed the sums paid by the consumer, the sums due are automatically increased by the legal rate of interest if reimbursement is made no later than ten days after expiry of the time limits set in the first and second paragraphs of article L. 221-245% for delays of between ten and twenty days, 10% for delays of between twenty and thirty days, 20% for delays of between thirty and sixty days, 50% for delays of between sixty and ninety days, and an additional five points for each further month of delay, up to the price of the Service, then the legal interest rate.