The Automobile Club de l'Ouest (hereinafter referred to as "the ACO"), an association under the law of 1901, registered under SIREN number 775652316, whose registered office is located at Circuit des 24 Heures, CS21918, 72019 LE MANS CEDEX 2, offers its members a range of paid services and benefits related to the use of motorised land vehicles, activities arising therefrom and the organisation of dedicated events.
These General Terms and Conditions of Sale (hereinafter referred to as "GTC") apply to the contractual relationship between the ACO and its members (hereinafter referred to as "Member(s)") who wish to benefit from the services offered by the ACO.
Any membership of the ACO therefore entails the Member's express, full and unreserved acceptance of these general terms and conditions of sale, which the Member has read before joining the ACO.
2. DEFINITION OF A MEMBER
A Member is a person who has joined the ACO and is identified by name on the membership form and membership card as defined in Article 4 below.
3. DATE OF EFFECT AND DURATION OF MEMBERSHIP
Membership will take effect 24 (twenty-four) hours after the date of application for membership, for a period of one year, end of the month. Adhesion to FFSA and FFM sports licenses shall end on the same date as the sports license, i.e. on 31 December of the license’s year of validity.
Without prejudice to the provisions of the ACO's Articles of Association, membership will be tacitly renewed unless one of the parties terminates it by registered letter with acknowledgement of receipt no later than 1 (one) month before the expiry date.
4. MEMBERSHIP CARD
After joining, the Member will be given a non-transferable, personal card, in his or her first and last name. This card will entitle the Member to the services provided for in the membership and to any additional services he or she may have signed up to.
In the event of loss or theft of this card, the cardholder must notify ACO Member Services as soon as possible. This declaration must be confirmed by any means, the burden of proof being incumbent on the Member.
A new card may then be issued and the Member will retain all previously acquired benefits, less benefits already used, for the remainder of the membership year.
5. MEMBER'S RIGHTS
5.1 Recipient of Membership Services
The person receiving the benefits of membership is the Member, to the exclusion of any other person.
5.2 "40 Million Motorists" associate Membership Status
Membership gives the Member the right to benefit free of charge from the status of associate member of the association "40 Million Motorists". If the Member wishes to relinquish this status, he or she simply needs to indicate this in a letter addressed to the ACO's Member Services Department, by telephone on 02 43 40 50 60 or by e-mail to firstname.lastname@example.org.
5.3 Conditions for the validity of rights and benefits relating to trials
For the rights and benefits relating to sporting events and in particular to the ticketing relating to such events, the Member acknowledges being informed that the rights and benefits relating to membership concern only one edition of each event concerned by the membership. The Member may not therefore benefit, during each year of membership, from the same rights for two different editions of the same event (for example: the Member may not benefit from the rights and benefits for the 24 Le Mans 24 hours in year "n + 1" if he has already benefited from these rights and benefits in year "n" corresponding to the year of subscription or renewal of membership).
5.4 Conditions for the application of membership guarantees
The Member may only benefit from the coverages associated with membership under the conditions and within the limits established for these coverages, as specified in the informative note "Legal Protection for Members of the Automobile Club de l'Ouest" and in the "Automobile Club de l'Ouest Assistance Agreement".
6. OBLIGATIONS OF THE MEMBER
The Member agrees to make accurate and sincere declarations when signing up to membership.
Furthermore, he agrees, throughout the duration of his membership, to inform the ACO Member Service by any means, the burden of proof being incumbent on the Member, as applicable, of any change to his situation that could modify, directly or indirectly, the conditions of his membership of the ACO. Consequently, the Member must declare, without this list being exhaustive, any change of residence, family status, transfer of ownership or destruction of a vehicle covered by the membership, as well as any change of bank account in the event of payment by direct debit.
Any breach by the Member of this obligation to inform the ACO may result in the Member losing all or part of the rights and benefits associated with membership without this in any way being grounds for any compensation or reimbursement to the Member or a third party.
7. PAYMENT PRICE AND TERMS OF
The membership fee is that in effect at the time of joining. It is expressed in euros, all taxes included, and takes into account the VAT applicable on the day of membership.
The spouse, cohabitant, civil partner, as well as the fiscally dependent children of a Member may benefit, for a period of three (3) months from the date of effect of the Member's membership, from a preferential rate of 50% on ACO membership at the full rate excluding additional service(s), as long as they can prove their status by presenting an official document bearing the same address as the Member and/or that they are attached to the Member's tax household.
The payment of the membership can be made:
- in cash on the day of membership, by any means of payment (cash, cheque, credit card, bank transfer);
- by monthly or annual debit from the Member's bank or postal account. Within the framework of the implementation of a SEPA Direct Debit, the Member must sign a SEPA Direct Debit Mandate and send it to the ACO together with a RIB or RIP (bank details). The ACO will be responsible for setting up the direct debit and will keep the direct debit mandate. The monthly direct debit will then correspond to 1/12th of the annual membership fee, the annual direct debit to the annual membership fee.
Any change in the Member's bank and/or account number must be reported. The Member must send a new SEPA Direct Debit Mandate, completed and signed, together with a bank account number or RIB or RIP, by post to the ACO Member Service.
Where a monthly debit is rejected without any information from the Member, the amount of the rejected debit will be included in the subsequent instalment. If two rejections (consecutive or not) are recorded, the Member will no longer be able to pay by direct debit and the full amount of the membership fee or the balance due will become immediately payable.
If the Member wishes to revoke the direct debit authorisation given, it must inform the ACO by registered letter with acknowledgement of receipt. This revocation may be made at any time. The Member shall also inform its bank of the revocation of this direct debit authorisation, indicating the RUM (unique mandate reference) indicated in the direct debit mandate.
In the event of non-payment in full or in part of the membership fee (excluding technical incidents not attributable to the Member), the ACO, after receiving a reminder by registered letter with acknowledgement of receipt that has gone unheeded for 15 (fifteen) days, will suspend the membership and related services that the Member has signed up to until full payment has been received from the Member. If payment is not made within 30 days of the date of the letter sent to the Member, the ACO shall be entitled to terminate the membership. In this situation, the Member, who may therefore no longer claim any of the rights and services arising from the terminated agreement, shall in any event remain liable for payment of all sums due to the ACO without being able to claim any reimbursement or compensation whatsoever.
The ACO may require the Member to reimburse the ACO for all bank charges and ancillary costs incurred by the ACO, particularly those resulting from the rejection of monthly debits.
Finally, the ACO would be entitled to obtain the reimbursement of all benefits, services, offers, discounts, etc. from the Member, as long as the Member fails to provide the ACO with a refund. Finally, the ACO would be entitled to obtain from the Member the reimbursement of any benefits, services, offers, discounts, etc., obtained by the Member, by virtue of his or her membership status, during the contractual year for which payment of his or her membership has not been made in whole or in part.
9. COOLING OFF PERIOD
Members who have signed up remotely (via the ACO web site, by telephone or e-mail) or off-site, will benefit from a cooling-off period of 14 (fourteen) calendar days from the date of subscription.
If the Member wishes to exercise this right of withdrawal, he or she must, before the expiry of the cooling off period, send the ACO the standard withdrawal form (appearing after the GTC) duly completed and signed, or another unambiguous written statement expressing his or her wish to withdraw. In accordance with Article L.221-24 of the French Consumer Code, the Member will then be reimbursed within 14 days of the date on which he or she informed the ACO of his or her decision to withdraw, unless there is a justified delay. The ACO will make the refund using the same means of payment as that used by the Member at the time of payment, unless the Member agrees to a different means of payment. In any event, this reimbursement shall not incur any costs for the Member.
However, this right of withdrawal may no longer be exercised if the Member has requested the commencement of performance of a service before the expiry of the cooling off period.
The Member may sponsor any third party upon request. The request must include the name, first name, address, telephone number and email of the sponsor and of the mentee, and the Member number of the sponsor. The Member who has sponsored any individual (excluding his or her spouse, partner, civil partner or fiscally dependent children), who has never been a member of the ACO or has not been a member for at least five years at the date of the request, shall benefit from the advantages linked to sponsorship. The benefits linked to sponsorship are those in effect at the time of sponsorship and will only be granted in the event of validation of membership at the preferential rate defined at the time of sponsorship of the godchild presented by the Member.
11. TERMINATION OF MEMBERSHIP
In addition to the cases of exclusion of Members provided for in the ACO Articles, in particular in the event of failure by the Member to comply with said Articles, the ACO, in the event of total or partial failure by the Member to comply with his or her payment obligation, may immediately and ex officio, after a formal notice to pay within a period of 30 days which has gone unheeded, terminate the Member's membership agreement, without the Member being able to claim any reimbursement or compensation whatsoever.
In the event of the Member's death, the membership will end on the day of death, and the contract will be terminated immediately and ex officio. The surviving spouse or the beneficiaries of the deceased Member, after notifying the ACO of the death, may request a refund on a prorata temporis basis of the amount of the membership already paid for the period from the day after the death to the date on which the membership expires. In the event of a payment made by monthly debits, the ACO will stop the deductions as of the notification of the Member's death by the surviving spouse or his or her heirs, subject to payment of the amount of the membership due between the date of effect of the membership or its renewal and the date of death.
12. FORCE MAJEURE
The performance by the ACO of all or part of its obligations towards the Member will be suspended, delayed or modified in the event of force majeure as defined by Article 1218 of the Civil Code and assessed by French case law. In this framework, the Member may not demand the payment of penalties, damages or interest for any non-performance whatsoever.
The ACO agrees to inform the Member as soon as possible of the occurrence of a case of force majeure.
If the case of force majeure results in the suspension of the performance of the services linked to membership for a period of more than sixty (60) days, the ACO may, as compensation, extend the contract of the aggrieved Member for a period equal to that of the suspension.
13. PROTECTION OF PERSONAL DATA AND NON-DISCLOSURE OF INFORMATION
The personal data collected in the framework of membership are processed by the ACO, which is the data controller, in accordance with the law of 6 January 1978, known as the "Informatique et Libertés" act and in accordance with regulation no. 2016/679, known as the General Data Protection Regulation.
The Member is hereby informed that the personal data is necessary for the consideration and management of his or her membership application and for the performance of the related services. It may be disclosed to the ACO's service providers, subcontractors and insurers for the performance of the services provided by the latter.
It may also be used by the ACO to send information and commercial offers, when the Member has expressly consented to this.
It shall be kept for the time required to administer the membership and to perform the services related thereto, and in accordance with the applicable statutory limitation periods.
In accordance with applicable law, the Member is informed that he or she has the right to access, rectify and delete data concerning him or her, the right to limit the processing of data concerning him or her and the right to the portability of his or her data. To exercise these rights, the Member must send his or her request, accompanied by a copy of both sides of a proof of identity, to the ACO - Service Membres - Circuit des 24 Heures - 72019 Le Mans Cedex 2 or to the following e-mail address: email@example.com. For any request for information concerning the use of his or her personal data, the Member may contact the ACO at the above-mentioned addresses or consult the ACO's Personal Data Protection Policy on the www.lemans.org website.
14. INTELLECTUAL PROPERTY
The Member agrees not to register, in any territory whatsoever and in any class whatsoever, any trademarks comprising in whole or in part any of the trademarks owned by the ACO.
The Member agrees not to use and not to harm in any way whatsoever the trademarks, logos, graphics and drawings owned by the ACO and in particular their value or reputation and that of the ACO and its subsidiaries.
The Member is also prohibited from exploiting the image of the ACO and its subsidiaries, including the image of sporting events organised or co-organised by the ACO, for any purpose or use whatsoever. In particular, the Member is prohibited from producing any product (including products for informative purposes only) that makes reference to the ACO or its subsidiaries' brands and image.
15. MODIFICATION OF GTCs
As the GTC may be subject to change, the applicable conditions are those in force at the date the member signed up.
16. PARTIAL INVALIDITY
If one or more provisions of these general terms and conditions of sale is deemed unlawful or null and void, this nullity will not result in the nullity of the other provisions of these general terms and conditions of sale.
Any tolerance or waiver on the part of the ACO in the application of all or part of the clauses of the GTC, whatever the date, frequency or duration, shall not, in the absence of a written agreement to that effect, constitute a modification of the GTC or generate or obstruct any right whatsoever.
17. APPLICABLE LAW AND JURISDICTION
These general terms and conditions of sale are subject in all respects to French law.
The ACO and the Member shall do all possible to amicable resolve any dispute arising in connection with the interpretation or performance of these GTCs. The Member is informed that he or she may go to mediation for consumer disputes relating to a purchase made from the ACO. In accordance with the provisions relating to mediation, any consumer dispute must, prior to any request for mediation, be notified in writing to the ACO Member Service at the address of its registered office or by e-mail to firstname.lastname@example.org.
If the dispute cannot be resolved amicably, including by mediation, it shall be submitted to the jurisdiction of one of the territorially competent courts under the Code of Civil Procedure or, if the Member brings the matter before it, to the court having jurisdiction over the place where the Member was residing when the contract was signed or the harmful event occurred.
For the attention of AUTOMOBILE CLUB DE L'OUEST, Service Membres, Circuit des 24 Heures, CS21928, 72019 LE MANS Cedex 2, mail: email@example.com
I hereby notify you of my withdrawal from the contract for the provision of services below:
- Name of the membership form signed:
- Application for membership on:
- Member's name:
- Member's address:
- Signature of the Member (only if this form is notified on paper):