SPECIAL CONDITIONS OF SALE MS DRIVE
TRAINING COURSE IN FINLAND
These special conditions of sale (SCS) are intended to inform customers of the SARL MS DRIVE before purchasing their services of:
- the content of the offered services relating to the activities,
- the price and terms of payment,
- the terms for the cancellation of the contract;
SARL MS DRIVE reserves the right to make changes to information concerning the elements constituting its services, in which case this information shall be communicated in writing to the concerned parties before the conclusion of the contract.
Submitting an order implies the implicit acceptance without reservations of all the conditions.
These terms and conditions concern only the provision of activities. The services related to the stay will be subject to other special conditions in relation with the travel agent.
In order to ensure the validity of each order, they bring about the implicit acceptance without reservations of all our general and special conditions of sale. An order will be considered valid only:
- on the one hand, from the validation of the registration form,
- and on the other hand, from the receipt of an advance payment of 50% of the full amount (including VAT) of the training course and the payment of 100% of the stay to our service provider LAPLAND SAFARI within a deadline of 10 days.
The content of the services (driving and other services included in the package) is specified on the website as a price offer.
The customer does not have any right of withdrawal since pursuant to Article L.121-20-4 of the Code of Consumption, this right does not apply in particular to services related to catering or leisure activities that are provided at a certain day or period.
Prices are established in euros as of 12 April 2018, based on current exchange rates, charges, taxes and leisure services known at that time and subject to readjustment. The applicable rates are those available on our site on the day of booking.
The price of a stay does not include : travel and cancellation insurance, dinners, personal expenses, beverages, local taxes of entry and / or exit, if applicable, visa fees, vaccination fees, extras, tips, tours and excursions that are not included in the program.
The prices given are inseparable and any waiver of services included in the stay or extras or any interruption of the trip by the customer (even in the case of hospitalisation or early repatriation) will not be subject to reimbursement, except with a special insurance.
The price revision:
Pursuant to the law and up to 30 days prior to departure, MS Drive reserves the right to revise its prices of sale in order to take account of changes in transport costs, fees and charges for services provided and currency rates applied . These possible revisions shall apply to all people registered or to be registered and shall be indicated on invoices issued no later than 30 days prior to departure. Any refusal to pay these prices will be considered a cancellation.
- PAYMENT AND DELAY OF PAYMENT
At the time of registration, MS DRIVE shall receive from the customer an amount equal to 50% of the total price of the driving pass.
This amount must be paid by 1st October 2018 at the latest. The total invoice shall be sent before the first instalment is received.
In case of registration after 1st October 2018, the total price of the services must be paid upon registration. Payments can be made by check issued to MS DRIVE, or by bank transfer (according to the banking details of SARL MS DRIVE: RIB and IBAN indicated on the invoice).
- CANCELLATION OR CHANGE OF SERVICES BY THE SERVICE PROVIDER
The object of the contract may be modified by MS DRIVE, if any events beyond our will and control will occur. SARL MS DRIVE reserves the right to postpone all or part of the program (driving and / or related activities), informing the participants thereof as soon as possible. The customers / participants shall not be entitled to any compensation in the event of delay, in particular in the following cases:
- Infrastructure outages in the event of risking with the security of the customers
- force majeure, such as, but not limited to, a natural catastrophe, a climatic event preventing the “normal and secure” provision of the service, an armed conflict, a labour dispute, a mandatory order from the public authorities, a disruption of transportation and / or the supply of raw materials or an operating accident – i.e. in the occurrence of an event that MS DRIVE could not have foreseen, that is beyond its control and that it is impossible to overcome despite its diligence and efforts to resist it.
For the “car driving” service, the not realised activities shall be postponed within the same stay (if possible, with a possible adjustment of the driving hours outside the planned schedule), if not, by extending the stay, otherwise by postponing the activities to another stay, or otherwise postponing the activities until the next stay during next winter. The delay of the “car driving” shall not incur any extra costs, including if it is postponed until the next winter. On the other hand, the other services (changes in plane tickets or issuing new tickets, additional overnight stays, airport transfers, etc.) that will bring about any additional costs related to this delay, shall be borne by the customer, who must to pay them directly to our service provider LAPLAND SAFARI
Regarding the vehicles and the driving programme itself, in case of breakdown or unavailability for mechanical reasons or repairs, substitute vehicles (equivalent category) shall be provided and, if necessary, shall replace the unavailable vehicle without the customer having the right to claim any compensation.
- CANCELLATION ON BEHALF OF THE CUSTOMER
If the customer wishes or needs to cancel his / her trip in whole or in part, this cancellation must be notified in writing by registered letter with acknowledgment of receipt to the postal address indicated on the invoice. The date of receipt of the notice shall be taken into account for the calculation of the cancellation fee. Only the person who originally registered is entitled to modify or cancel a trip. In case of cancellation by the customer, the refund of the amounts paid shall be as follows:
In all cases, the percentages of the refund indicated below apply to the “remaining amounts”. The “remaining amounts” correspond to the total amount of the package from which the lump sum of 500 euros per participant shall be subtracted.
More than 90 days before departure: 50% of the remaining amount
From 90 to 61 days before departure: 35% of the remaining amount
From 60 to 31 days before departure: 25% of the remaining amount
Less than 30 days before departure: no refund
- CHANGES REQUESTED BY THE CUSTOMER
Any change of dates requests before departure must be sent by e-mail to email@example.com. Any change of dates requested within 45 days before departure shall bring about an additional invoice of 30% of the amount of the driving service as a penalty.
Any modification of the package by the customer less than 45 days before the departure shall bring about the payment of a flat fee of 500 euros per person.
Confirmation of the request to change dates and its possible approval by MS DRIVE will be sent by e-mail.
Any changes of the services requested by the customer on the spot or any services not used are not subject to compensation on behalf of MS DRIVE (shortened stay, for example). A cancellation fee may be charged according to the price list set out in these special conditions of sale.
- TRANSFER OF THE CONTRACT
The transferor must inform MS DRIVE of the transfer of the contract by registered letter with acknowledgment of receipt no later than 30 days before the beginning of the service provision, specifying precisely the name and address of the transferee and acknowledging that the transferee is subject to the same terms and conditions during the trip.
Any expenses incurred will be the same as in case of changes of the first and last name of the participant.
The SARL MS DRIVE cannot be held responsible for the consequences of events beyond its control, especially:
- Loss or theft of plane tickets
- Not presenting or presenting expired identity and / or health documents, of documents with insufficient validity (national identity card, passport, visa, vaccinations certificate …) or not complying with the prescribed formalities.
- In case of non-registration caused by a delay of pre-positioning not included in the package, the entire amount of the services shall be retained.
The delay or delays caused by the above mentioned cases, as well as the resulting changes in itinerary / program, shall not result in any compensation whatsoever on behalf of MS DRIVE, in particular as a result of changes in the duration of the initially planned program or of delay in the air transit. Any additional costs related to a disturbance (taxes, hotel, parking, purchase of tickets etc.) shall be borne by the customer.
Any trip that is interrupted or shortened on behalf of the participant, as well as excursions or packages reserved and not consumed for any reason whatsoever are not subject to any refund.
Similarly, MS DRIVE cannot be held responsible for any physical consequences (back pain for example) occurring during or after the provision of services.
Finally, MS DRIVE cannot be held responsible for the disappearance, deterioration or other damage of any object or other things belonging to the customer or his / her guests.
- SANITARY AND ADMINISTRATIVE CONDITIONS
The customer must ensure that he / she complies with the sanitary rules necessary for the completion of the course and also, the pregnant women must be informed of the travel conditions according to the airline companies.
MS DRIVE shall not substitute the individual responsibility of each participant. They must comply with local police, customs and health regulations and formalities at all times of the journey.
Before registering to the journey, the participant must ensure according to his or her personal situation and nationality that he / she has a valid national identity card or passport which shall be used in order to carry out the intended journey, as well as any other documents (visa, family book, authorisation to leave the country, etc.) required and complying with the requirements to transit and / or to enter the country during the journey.
Before registering and making their journey, clients must obtain information about the administrative and health requirements, in particular from the relevant embassies and consulates.
If you have been subject to a medical treatment, be sure you are able to continue it during the journey.
A customer who is unable to participate in the journey due to non presentation of the required documents mentioned in the registration form which has been given to him / her, cannot claim any refund.
- OBLIGATIONS OF THE CUSTOMER
The customer shall hold the French B-category driving license or equivalent issued by one of the member states of the European Economic Area (EEA) or the holder of any international equivalent of such driving license.
The customer shall be responsible for the vehicles and the installations at his / her disposal when he / she or one of his / her guests is driving: the transfer of the vehicle control shall bring about the transfer of the risks. As a result and in general: He / she must use the equipment in accordance with the instructions given by the instructors and about the deterioration of it. He / she must take all necessary measures to prevent the risk of damage which he / she or his / her guests might cause. The customer undertakes to comply with all precautionary instructions given by MS Drive. In case of any behaviour identified by MS Drive as dangerous and destructive, the customer can be excluded from the provision of services without being subject to any compensation.
MS Drive reserves the right to immediately exclude any customer it considers dangerous, without this customer being entitled to any compensation.
- BREAKAGES, DAMAGES, GOING OFF THE TRACK
In the event of breakage or partial or total damaging of a vehicle by a customer, the time spent in repair and putting the vehicle back on track will deducted from the driving time.
The costs incurred in the repair of the vehicle shall be borne by the customer (“Regular driving ”) without any deductions. Thus, the costs shall be invoiced to the customer and withdrawn from the bank guarantee of 3,500 euros given by the customer on the 1st day of the course. If there is a remaining amount, the customer will be required to pay the necessary sums which will be claimed in relation with the damage caused which will be paid in accordance with the price list established by SARL MS DRIVE.
The MS DRIVE SARL proposes an option of damage guarantee, specifying that they apply for each incident, going off track or event that caused the damage on the vehicle used by the customer:
– the “all risks damage insurance”: the customer responsible for damage caused to a vehicle of SARL MS DRIVE at his / her disposal shall pay an amount of 500 euros, which is the maximum deductible. A bank guarantee shall be required from him / her on the 1st day of the course. Only for one damage.
When a damage guarantee option is chosen at the time of the customer’s registration, he / she shall be able to benefit from preferential rates. A later choice of one of the options proposed or a subsequent change of the chosen option until the day before the first day of the course shall not enable the application of the preferential rates. A surcharge shall be applied. No changes can be made from the 1st day of the course.
– During the provision of driving services, the customer shall nevertheless be liable for any damage caused to vehicles or installations as long as he / she or his / her guests are driving and if this damage results from: obvious failure to comply with the instructions given by the instructor, failure to comply with the general instructions given on the information meeting of the 1st day, failure to comply with the basic rules of precaution and security, failure to comply with traffic regulations, any irresponsible behaviour, any kind of drunk driving, etc. The “all risks damage insurance” cannot then be applied and the total cost of the damages shall be invoiced to the customer who undertakes to pay it without any right to dispute.
The “all risks damage insurance” concerns only the vehicle driven by the customer, and he / she remains fully liable for any damage caused on the liaison or assistance vehicles. Repair costs shall then be invoiced to the customer.
- DATA PROTECTION
The information requested is required for the computer processing of your registration. In accordance with the amended Data Protection Act of 6 January 1978, you have the right to access and modify your personal information. Unless otherwise indicated by you, we reserve the right to use this information in order to send you different documentation.
- PHOTOS, VIDEOS AND ILLUSTRATIONS
The photos, maps and illustrations contained in the brochures and / or available on the website are illustrative and do not have a contractual dimension.
- CLAIMS AND DISPUTES
These special conditions of sale are subject to the legislation of France.
Any claims relating to the services provided by MS DRIVE must be addressed to the SARL MS DRIVE – 17 rue de la Barrade – 74960 MEYTHET – FRANCE within 30 days after the date of return, and by any means accompanied by the supporting documentation.
In the event of any dispute arising between the parties due to the interpretation or execution of this contract, the parties shall seek to reach an amicable solution in the first place. Failing to reach an agreement, the parties shall address to the competent court in accordance with Article L.141-5 of the Code of Consumption.