GENERAL TERMS AND CONDITIONS OF SALE

Transcription

1 GENERAL TERMS AND CONDITIONS OF SALE V.S.O Quai du Point du Jour Boulogne -Billancourt RCS de Nanterre sous le n C Preamble The object of these general terms and conditions (Hereafter referred to as TAC), is to outline the respective obligations of the company V.S.O. (Business address : Quai du Point du Jour, Boulogne - Billancourt, RCS de Nanterre sous le n C ) and those of the client (Hereafter referred to as the Client(s) ) in their contractual relations, relative to the sale of the Tour Explore Corsica by le Tour de France (Hereafter referred to as the Tour ). The object for V.S.O. is not to avail itself to one or more provisions of the General Terms and Conditions, not equated to that of a waiver. Any reservation implies the application without reserve by the customer, and the full commitment to the terms and conditions which shall prevail over any other document, unless a derogating, prior written agreement with V.S.O. exists. These general conditions apply to all clients, with the exception of all other conditions. General The contents of the internet website named (Hereafter referred to as the «Website»), the brochure «Get on board for a Tour A cyclosportive in stages across the best of Corsica» (Hereafter referred to as the «Brochure») and these General Terms and Conditions are intended to inform Clients prior to the signing of the purchase contract (the «Contract»), the content of the services offered in terms of transport and accommodation, and the conditions of cancellation and modification of the contract. The conditions of exercising the activities relative to the organisation, and the sale of travel and Tour packages are determined by the Tourism Code, and in particular articles L , and those thereafter of the said Code. 1. SERVICES AND RESERVATIONS 1.1 Services The elements of the services provided during the stay are stated on the Website and Brochure. Tourist information is provided under Practical Information. Conforming to the Tourist Code, V.S.O. reserves the right to modify the information featuring in The Brochure (Such as the elements of services relating to transport and the Tour, accommodation conditions, promotional offers, included or additional supplementary activities, by a notice (erratum bias) posted on the Website. THE REALISATION OF THE STAY IS CONDITIONNED TO A MINIMUM NUMBER OF PARTICIPANTS FIXED AT 500 (FIVE HUNDRED) PERSONS. IF 500 PARTICIPANTS ARE NOT REACHED BY 31 DECEMBER 2018 AT THE LATEST, V. S. O. RESERVES THE RIGHT TO CANCEL THE STAY AND TO INFORMCUSTOMERS BY REGISTERED LETTER WITH ACKNOWLEDGEMENT OF RECEIPT NO LATER THAN 31 JANUARY IN SUCH A CASE, CUSTOMERS WILL BE IMMEDIATELY REIMBURSED FOR THE FULL AMOUNT OF THE MONEY ALREADY PAID. 1.2 Methods of Payment You can pay for your Tour by any method of Internet payment, telephonically, or can you can pay by: - Bank guaranteed cheque

2 - Electronic transfer - Bank card : Visa, Eurocard/Mastercard Payments by persons living outside of France, are only to be made by bank card, or electronic transfer accompanied with the confirmation of reservation. Payments are to be sent to following address: VOYAGE SPORT ORGANISATION (V.S.O.) Service Clients Quai du Point du Jour Boulogne -Billancourt FRANCE 2. TARIFFS Applicable tariffs are those published on the Brochure and the Website at the moment of reservation. Our tariffs are duty-free, and include all taxes, notably including VAT at the applicable rate on the day of reservation. Our all-inclusive tariffs are subject to modification, in the possible case of an increase of the tax rates, to which our event is subjected. Group discount Group registration grants an overall 5% reduction in the registration fee. A group must be made up of at least 8 clients participating in the cycling event (excluding accompanying persons). To register a group and claim the above-mentioned discount, the customer can send an to the following address: contact@explorecorsica.fr. The procedure to be followed in order to benefit from the reduction will then be indicated. 3. REGISTRATION PROCESS Any Explore Corsica 2018 Client can choose between individual registration, registration of other Clients participating in the cycling event, or registration of accompanying persons not participating in the cycling event 3.1 Individual registration The customer can choose to register individually to Explore Corsica. In this case, he has two choices: either he chooses a single room. In this case, the client is invited to fill in his personal data on the registration platform, pick up the type of room and the options selected (including insurance) and to pay the totality of his file. Or he chooses a shared room with 1,2 or 3 other clients he does not know. In this case, the client is invited to fill in his or her personal data on the registration platform, to pick up the type of room and the options selected (including insurance), to pay the totality of his or her file, and to inform the organisation of his or her wish to join a shared room by sending his or her request by to the following address: contact@explorecorsica.fr 3.2. Collective registration of other cycling clients (CYCLISTES) The client may also choose to register several clients for Explore Corsica, participating in the cycling event. In this case, he has two choices: - Either he pays the cabin (s) for everyone. In this case, the rider must first pick up the type of room(s) selected, make his own registration by entering all his personal information, choose his individual options, then provide the contact details of each cyclist (surname, first name, telephone, ). Each cyclist will then have to return to his/her Personal Account to fill in all his/her personal information, choose and pay for his/her personal options

3 - Or he only pays for himself. In this case, the rider must first pick up the type of rooms selected, make his own registration by entering all his personal information, choose his individual options, and provide the contact details of each cyclist (surname, first name, telephone, ). Each cyclist will then have to return to his or her personal file to fill in all his or her Personal Account, choose and pay for the share of his or her room and, and his or her personal options. Insurances (cancellation insurance, individual accident insurance, multi-risks insurance) must be taken out by the PAYER Collective registration of other clients not participating in the cycling event (ACCOMPANYERS) The client may finally choose to register several accompanying clients who are not participating in the cycling event. In this case, he/she will have to pay the cabin (s) for everyone. He/she will have to select room beforehand, proceed with his/her own registration by entering all his/her personal information, choose the options applicable to each one, and provide the personal information of each accompanying person. He will choose whether or not to take out individual cancellation insurance for each of his/her accompanying persons. Accompanying persons will not need to return to their Personal Account to complete their registration. 4. TOURIST TAX Tourist taxes are included in our tariffs. 5. PROCESSING FEE Each reservation is subject to a processing fee of 30 euros by V.S.O, to add to the abovementioned tariff. 6. BILLING Each payment will lead to the issuance of an invoice that each customer can find and download in his/her Personal Account online. 7. INTERNAL REGULATIONS Internal regulations are posted on the boat. We thank you for acquainting yourself with them and respecting these at all times. The rules and regulations of the cyclosportive are available on the Website. The participation in the cyclosportive implies the full acceptance of the aforementioned rules and regulations. In the event that the Client causes injury or damage to property, his/her civil liability may be sought for compensation. It is strictly forbidden to smoke in all interior spaces, communal or private. 8. RESPONSABILITY V.S.O. is responsible for the execution of all obligations arising from the contract. However, V.S.O. shall be exempt from all or part of its liability in cases where the non-execution or improper execution of the contract is attributable either to the client, is unpredictable and insurmountable to a third party for the provision of services stated in the contract, or a 'force majeure' as defined in article 1148 of the Civil Code (Code civil).

4 Insurance is underwritten principally by the company Allianz Iard, registered with the Paris RCS under the n B covering Professional Civil Responsibility (Responsabilité Civile Professionnelle - RCP), including body, material and immaterial damages cumulated to a maximum of EUR 5,000,000 per policy year. It is also specified that services not delivered by V.S.O. during the Tour, is the exclusive responsibility of external providers, responsible to their own organisations. 9. LOSS, THEFT, DAMAGES V.S.O. accepts no liability in case of loss, theft or degradation of personal belongings of Clients during the Tour, both in the cabins, in the parking lot, in the workshop space, transfer bus or (bike storage...) in the framework of the cyclosportive. The onus is on the Client/s, should they consider it necessary, to take out insurance. 10. OPTIONAL INSURANCE V.S.O. invites its Clients, at the time of their reservation, to subscribe to: - Cancellation insurance, - Multi-risks insurance - Individual Accident insurance. See details in the insurance contract on In case of cancellation or interruption of the stay due to the Client, V. S. O. will not issue any (full or partial) refunds. V.S.O. will be able to proceed with a refund of the unused stay only if the cancellation is due to him. V.S.O. therefore strongly urges Clients to take out this insurance, which will enable them to be compensated or repatriated in accordance with the conditions described in the notice. The names of the insurance companies, coverages and rates are summarized on the website. The full general conditions can be sent on simple request before any subscription and will be transmitted at the latest at the time of the confirmation of stay (this insurance cannot be refunded). 11. MODIFICATION OF TOUR BY THE CLIENT Any request for modification (addition of a customer, addition of options, substitution of a customer by another) must be sent to V. S. O. by at the following address: contact@explorecorsica.fr Requests to add a customer and/or modify options will be accepted subject to availability. Any change of identity of a customer will lead to the invoicing of 30 euros corresponding to the management of the file fees. Any stay shortened because of the customer will not be refunded. 12. TOTAL OR PARTIAL CANCELLATION BY THE CLIENT V. S. O. will not refund any amount paid by the Client, in the event of total or partial cancellation due to the customer. The cancellation insurance offered during the registration process guanrantees that the insured person will be reimbursed for his or her registration fees if he or she has been obliged to cancel his or her participation due to one of the events listed in the notice at the following address:

5 Subscription to cancellation insurance is an individual process for all Client participating in the cycling event. In the case of a single registering a whole group, it is the payer who will choose whether or not the clients for whom he/she has paid subscribe to cancellation insurance. The cancellation insurance remains individual. The insured must report the accident to V. S. O s broker. (declaration.ia@aon.fr: indicating in subject line: Explore Corsica's declaration of accident) within 5 days from the day they became aware of it. Applications must be in French, English or Spanish The terms and conditions of indemnification are set out in the notice. The files will be reviewed within two months after notification to the insurer, while the benefits will be paid within three months. Foreign customers and customers wishing to be reimbursed by bank transfer must attach an IBAN. 13. MODIFICATION OR CANCELLATION BY THE ORGANISER 13.1 Cancellation by V.S.O If the minimum number of participants set at 500 (five hundred) persons has not been reached by 31st December 2017, V. S. O. reserves the right to cancel the stay altogether. In such a case, V. S. O. undertakes to notify Clients by registered letter with acknowledgement of receipt sent no later than 31 January The Customer will then obtain immediate reimbursement of all sums paid by him/her, excluding any other compensation Apart from the specific case referred to above in Article , in the event of cancellation due to V. S. O., without proposing an equivalent alternative solution, the Client shall obtain immediate reimbursement of all sums paid. In the event of cancellation due to V. S. O. for an event constituting a force majeure, as defined in article 1218 of the French Code Civil, only an immediate refund of the sums paid will be made, excluding any other compensation.

6 13.2 Modification by V.S.O If, prior to departure, compliance with one of the essential elements of the Stay is made impossible due to an unforeseeable and insurmountable event, or from a third party outside the provision of the services detailed in the contract, or due to force majeure, V. S. O. will inform the Client immediately. The Client will then have the option either to renounce the Stay or to accept the proposed modification. The Client must then inform the organization of his choice within 72 hours (the renunciation will result in an immediate refund of the totality of the sums paid, whereas acceptance will only give rise to a refund of the overpayment if applicable). It is specified that the application of this assumption (12.2) will not guarantee any other compensation. 14. COLLECTION OF ACCESS CARD Following the payment of the registration fee, each customer will receive an containing a voucher, which must be printed out in order to be able to pick up their participant pack on D-day, including their bib and the access card to their cabin. The participant pack, including the access card to the cabin, will be given from 6 p. m. to 8 p. m. on Thursday, June 7,2018. This access card is personal for the duration of the stay and must be returned before 10 a. m. on Monday, June 11, The organization reserves the right to modify the above mentioned schedules, and will communicate the final schedules no later than June 1, PETS Pets are unfortunately not permitted on Explore Corsica. 16. PROTECTION OF PERSONAL INFORMATION Generally speaking, the personal data communicated by the Clients (hereinafter referred to as "Data") are intended for the use of V. S. O.'s authorized personnel, who are the company responsible for processing these data. The Data are collected by secure means by «Mister Booking» - the provider of the booking solution. The Data are used to manage the access of Clients to their Personal Account, as well as for the processing, follow-up and management of their orders relating to the Stay, marketing and customer relationship management, collection, fraud prevention, as well as for the commercial prospecting and sending of promotional offers from V. S. O. for similar services. The Data will also be transmitted by secure means to following companies : A. S. O. (a company of the group to which V. S. O. belongs) and LCO Carma Sport for the purpose of processing orders and related services (including A. S. O. and LCO as organisers of the cycling event). Customers may receive promotional offers from V. S. O. by telephone and/or postal mail and/or and/or SMS.

7 Customers may also receive promotional offers by mail and/or and/or SMS from V. S. O. partners, which include A. S. O. and LCO Carma, to whom the Data may be transmitted and transferred for commercial prospecting purposes, provided that the Customer has ticked the box provided for this purpose when registering on the Misterbooking website. In accordance with Frenchhe law n relative to information technology, files and freedoms of 6 January 1978, each Client has the right to query, access, rectify and oppose for legitimate reasons all the Data concerning him/her and a right of opposition to the commercial prospecting of V. S. O. and/or its business partners. Each Customer also has the right to formulate specific or general guidelines concerning the storage, erasure and communication of its Post-mortem Data. Each Customer may exercise all of its rights by to the following address: contact@explorecorsica.fr, or by mail with a copy of a signed identity document, addressed to: V.S.O. 40, Quai du point du jour CS Boulogne Billancourt cedex, The Customer concerned by telephone prospecting may also oppose the use of his telephone number by registering free of charge on the website. The Customer concerned by prospecting can also modify or unsubscribe from newsletters by clicking on a dedicated link in each newsletter. The Customer concerned by SMS prospecting can also unsubscribe (i) by sending the mention "STOP SMS" to Customers' requests will be processed within a maximum of 48 (forty-eight) working hours, except for requests sent by mail, which require a processing time of 8 (eight) days. 17. IMAGE RIGHTS During their participation in the cyclosportive cycle Tour, the Client is likely to be photographed and/or filmed. The Client gives permission to V.S.O., and the organisers of the cyclosportive cycle Tour (sociétés A.S.O. and LCO Carma Sport) and their rights holders and title successors, their full support and by every possible means, throughout the Tour, to reproduce and to represent, without remuneration of any kind, his/her name, voice, picture, and more generally his/her sports performance as part of the cyclosportive, in any form, existing or future, in all formats, for any communication to the public worldwide, for any purpose, including advertising or commercial purposes, and for the duration of 5 years. Each client authorises expressly, and irrevocably, that V.S.O., and the organisers of the cyclosportive (sociétés A.S.O. and LCO Carma Sport), their rights holders, their successors in title, in order to meet the imperatives of advertising, promotional or commercial campaigns: 1) Make any modification, addition, deletion, that it deems appropriate for the use of his/her image under the conditions defined above;

8 2) Associate and/or combine his/her image, all signatures, beaming, slogans, legends, marks, distinctive signs, legal, visual references and generally any element that the organiser chooses, intended particularly for the illustration of communication media in which they are embedded. The Client guarantees not be bound by any exclusive agreement for the use of his image or his name and/or his voice. V.S.O., and the organisers of the cyclosportive (sociétés A.S.O. and LCO Carma Sport) expressly prohibit the use of the Client's name, voice or image in support of pornographic, racist, and xenophobic purposes, and more generally, shall abstain from any exploitation deemed prejudicial to the dignity of Clients. 18. CLAIMS Any claim after your Stay may be the subject of a letter, sent by registered mail, with an acknowledgement of receipt, to the address below within a period of one month after the end of your Tour, making sure to include your reservation number. Any incident occurring during the course of the cyclosportive, including the case of an injury, will be the subject of a claim within a period of 15 (fifteen) days after the event, except in the case of the specific provision of the regulation. After this period, no claim will be accepted. For any application or claim, the Client may apply, by registered letter, in French or in English, to the following service: VOYAGE SPORT ORGANISATION (V.S.O.) Quai du point du jour Boulogne-Billancourt France 19. APPLICABLE LAW - JURISDICTION All sales concluded with Clients residing in France and abroad are governed by French law. In case of litigation, an amicable solution will be sought before any legal proceedings with a claim to the attention of V.S.O., by registered letter with an acknowledgement of receipt, within a period of ten (10) days after the occurrence of the dispute. In the absence of an amicable settlement, any litigation to which the present General Sales Conditions might give rise, shall be subject to the exclusive jurisdiction of the Court of appeal of VERSAILLES. THE REGISTRATION FOR ONE OF OUR TRIPS OR HOLIDAY PACKAGES IMPLIES FULL SUBSCRIPTION TO OUR TERMS AND CONDITIONS In the event of printing errors or omissions on the Website and/or the Brochure, V.S.O. reserves the right to correct any clerical error which may arise in its documents.

9 LITERAL REPRODUCTION OF THE ARTICLES OF THE TOURISM CODE Article R211-3 : Subject to the exclusions provided for in the third and fourth paragraphs of Article L , all offers and sales of travel and holiday services give rise to the provision of appropriate documents meeting the rules defined by this section. In the event of sales of air transportation or transportation on regular lines not accompanied by services related to such carriage, the seller delivers to the buyer one or more tickets for the whole journey, issued by the carrier or under its responsibility. In the case of transport on demand, the name and address of the carrier, for which tickets are issued, must be mentioned. The separate billing of various components of a package does not release the seller from the obligations placed upon it by the regulatory provisions of this section. Article R : The exchange of pre-contractual information or the provision of contractual conditions is to be carried out in writing. They may be sent electronically under the conditions of validity and exercise provided for in articles to of the civil code. To be mentioned, the name or business name, and the address of the seller, with its registration indicated in accordance with Article L or, if applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of Article R Article R211-4 : Prior to the conclusion of the contract, the seller must provide the consumer with information on prices, dates and other aspects of the services provided during the tour or holiday package such as: 1 The destination, means, characteristics and categories of transport used; 2 The type of accommodation, its location, level of comfort and its main features, its approval and tourist classification corresponding to the regulations or customs of the host country; 3 The catering services offered; 4 The description of the Tour itinerary ; 5 The administrative and sanitary formalities required by nationals or by nationals of another Member State of the European Union, or a State party to the agreement with the European economic area in the case of border crossing and their completion times; 6 The visits, excursions and other services included in the package and those that might be available at an additional charge; 7 The minimum or maximum size of the group for the trip or tour, and, if the tour or holiday is subject to a minimum number of participants. The date limit for informing the Client in the event of tour or stay cancellation - this date cannot be set at less than twenty-one days before departure; 8 The amount or percentage of the price to be paid as a deposit will be on the contract and the balance of the payment schedule; 9 The price review procedures as specified in the contract pertaining to Article R ;

10 10 The contractual terms of cancellation; 11 The conditions of cancellation as defined in Articles R , R and R ; 12 The information concerning the optional subscription to an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain special risks, including repatriation costs in the case of accident or illness; 13 When the contract includes air transportation, information for each flight leg shall be provided, under Articles R to R Article R211-5 : Initial information provided to the Client commits the vendor, unless the vendor has specifically reserved the right to modify certain elements. In this case, the seller must clearly indicate to what extent this modification can be made, and to which elements. In any case, changes to the initial information must be communicated to the Client prior to the conclusion of the contract. Article R211-6 : The contract concluded between the seller and the buyer must be written, drawn up in duplicate, one of which is delivered to the buyer, and signed by both parties. When the contract is concluded electronically, articles of the civil code shall apply. The agreement must include the following clauses: 1 The name and address of the seller, its guarantor, its insurer as well as the name and address of the organiser; 2 The destination or destinations of the trip and, if a split stay, different periods and their dates; 3 The means, characteristics and categories of transport used, the dates and places of departure and return; 4 The type of accommodation, its location, its level of comfort and its main features, as well as its tourist classification under the regulations or practice of the host country; 5 The catering services offered; 6 The itinerary, in the case of a Tour; 7 The visits, excursions or other services included in the total price of the Tour or of the holiday package; 8 The total price of the services invoiced, as well as an indication of any possible revision of this billing pertaining to article R ; 9 The indication, if applicable, royalties or fees for certain services such as landing taxes, embarkation or disembarkation at ports and airports, tourist taxes when they are not included in the price of the service or services provided; 10 The timing and terms of payment; the last payment made by the buyer will be less than 30% of the price of the Tour or Holiday Package, and must be made upon delivery of the documents enabling the Tour or holiday; 11 Special conditions requested by the buyer and accepted by the seller;

11 12 The manner in which the purchaser may make a complaint to the seller for non-execution or improper execution of the contract, which complaints must be sent as soon as possible, by any means possible, and capable of producing a receipt to the seller, and, if any, reported in writing to the travel organizer and the service provider; 13 The deadline for informing the buyer in the case of cancellation of the Tour or holiday by the seller, if the Tour or holiday is subject to a minimum number of participants, in accordance with 7 of Article R ; 14 The contractual terms of cancellation; 15 The cancellation conditions of Articles R , R and R ; 16 Details concerning the risks covered, and the amounts guaranteed under the insurance contract covering the consequences of the professional liability of the seller; 17 Indications concerning the insurance contract covering the consequences of certain cases of cancellation subscribed to by the purchaser (policy number and name of insurer) and those concerning the assistance contract covering certain risks, including costs of repatriation in the case of accident or illness; in this case, the seller must give the buyer a document specifying at least the risks covered and the risks excluded; 18 The date limit for informing the seller in the case of transfer of the contract by the buyer; 19 The commitment to provide the buyer with, at least ten days before the scheduled departure, the following information: a) The name, address and telephone number of the seller's local representative or, failing that, the names, addresses and telephone numbers of local organisations likely to help the consumer in case of difficulty or, failing that, the number to call to urgently establish contact with the seller; b) For Tours, trips and stays of minors abroad, a telephone number and an address for direct contact with the child or the person's place of residence; 20 The termination clause, and reimbursement, without penalties, of the sums paid by the buyer for noncompliance with disclosure requirement in paragraph 13 of Article R ; 21 The commitment to provide to the buyer, in good time before the start of the Tour or holiday, the hours of departure and arrival. Article R211-7 : The purchaser may transfer his contract to a transferee who meets the same conditions as him/her for the Tour or holiday, as long as the contract has no contradictory condition. Unless more favorable to the transferor, the latter must inform the seller of his decision by any means capable of producing a receipt not later than seven days before the start of the Tour. In the case of a cruise, this period is extended to fifteen days. This transfer is not subject, in any case, to prior authorization of the seller. Article R211-8 : When the contract includes a possibility of price revision, within the limits laid down in Article L , it must mention the precise means of calculation, both upward and downward price changes, including the amount of taxes and transportation costs related thereto, where the currency or currencies may affect the

12 price of the Tour or holiday, the part of the price of which the variation applies, the price of the currency or currencies used as a reference when establishing the price stated in the contract. Article R211-9 : When, prior to the departure of the buyer, the seller is forced to make a change to one of the essential elements of the contract, such as a significant increase in the price and it disregards the obligation of information referred to in article R , the buyer may, without prejudice to claims for compensation for eventual damages suffered, and after having been informed by the seller by any means of obtaining an acknowledgement of receipt: - or terminate his contract, and obtain, without penalty the immediate repayment of the sums paid; - or accept the modification or substitution trip proposed by the vendor; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from the sums still owed by the buyer, and if the payment already made by the latter exceeds the price of the modified service, the overpayment shall be returned to him before the date of his departure. Article R : In the case provided for in Article L , when, before the departure of the buyer, the seller cancels the Tour or holiday, he must inform the buyer by any means which provides a receipt confirming reception. ; the buyer, without prejudice for recourse and compensation for any loss suffered, obtains from the seller immediate reimbursement, without penalty, of the sums paid; the buyer shall receive, in this case, compensation at least equal to the penalty he would have supported if the cancellation had been made by him or her at that time. The provisions of this Article shall in no case impede the conclusion of an amicable agreement, for the acceptance by the purchaser of a replacement Tour or holiday offered by the seller. Article R : When, after the departure of the buyer, the seller is unable to provide a major part of the services, under the contract represent a significant percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudice for recourse or compensation for any damage suffered: - either offer services to replace the planned services, bearing any additional cost, and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him, upon his return, the price difference; - or, if the seller can not offer any replacement service, or if they are refused by the purchaser for valid reasons, provide the purchaser, at no extra cost, transport tickets to ensure his return in conditions that can be considered equivalent to the place of departure or to another place accepted by both parties. The provisions of this Article shall apply in the event of non-compliance with the obligation in point 13 of Article R Article R : The provisions of Articles R to R are required to be printed on brochures and travel contracts proposed by the persons mentioned in Article L Article R : The buyer cannot claim the benefit of the clause in point 20 of article R after the service has been provide