Article 1 – Preamble
Article 1.1. Designation of the seller
EURL HAUT ALLIER EVASION
Trading name: Canoë Val d' Allier
Registered office: La tour 43380 Lavoute Chilhac
SIRET number: 89411616900018
Telephone: +33 4 71 77 44 80
Email: contact@canoe-vald allier .com
Legal representative: Stéphane PLET
Hereinafter referred to as " the Lessor "
Article 1.2. Purpose
The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the rental of canoes and kayaks by the Lessor to any person having the legal capacity to contract ( hereinafter referred to as "the Client(s) "), whether they are a consumer or a professional within the meaning of the Consumer Code.
Article 1.3. Definitions
Client: any natural or legal person who enters into a contract with the Lessor under these general terms and conditions of sale. The Client must be over 18 years of age and have the legal capacity to contract.
Group: a group of 11 or more people, booked under a single reservation by a representative.
Participant: any person participating in the service, even if they have not directly contracted with the Lessor.
Service: canoe-kayak and rafting rental, and possibly an additional shuttle service to and/or back.
Online contract: contract concluded for the purchase of service(s) on the Lessor's website at the following address: www.canoe-valdallier.com
Distance contract: any contract concluded within the framework of an organised system of distance selling or provision of services, without the simultaneous physical presence of the professional and the consumer, by the exclusive use of one or more distance communication techniques up to the conclusion of the contract/quote, excluding the Internet site.
Article 2 – Content and scope
These general terms and conditions of sale apply automatically to all services sold or offered for sale by the Lessor.
They apply to sales made through all distribution and marketing channels.
Any order or purchase implies unreserved acceptance of these general terms and conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by the Lessor and appear on the signed reservation contract/quote.
The Client declares having read and accepted these general terms and conditions of sale before making a reservation and concluding the signed contract/quote.
Article 3 – Pre-contractual information
The Customer acknowledges having received, prior to placing his order and/or concluding the signed contract/quote, in a legible and understandable manner, these general and specific terms and conditions of sale and all the information listed in Article L. 221-5 of the Consumer Code when he is a consumer.
Article 4 – Price
Article 4.1. Final price and additional taxes
The rental price is quoted in euros, inclusive of all taxes (VAT), per boat, or per person for rafting and trip packages. It may be offered as a fixed price for groups. It may also be calculated based on the number of participants.
The price includes the items listed in the signed quote/contract.
Article 4.2. Payment terms
The Client warrants to the Lessor that they have all necessary authorizations to use the payment method chosen at the time of contract validation/quote signature. The Lessor reserves the right to suspend all booking management and service provision in the event of a payment authorization refusal by officially accredited organizations or in the event of non-payment of any sum due under the contract.
Payments made by the Client will only be considered final after the Lessor has effectively received the amounts due.
The Client has several payment methods offering optimal security, including the following, depending on the type of service booked:
a. by credit or private label bank card (Visa, Eurocard/Mastercard),
b. by bank check,
c. by bank transfer (transfer fees to be borne by the Client),
d. by holiday vouchers
e. in cash
Article 5 – Equipment made available for rent
The equipment made available for hire (hereinafter the “Equipment”) includes what is indicated in the description of services.
It includes, in all cases:
- The boat(s)
- The paddles
- Buoyancy aid vests
- The watertight container(s)
- Helmets, wetsuits (for rafting activities)
Article 6 – Security Deposit
The Lessor may request a security deposit at the time of booking, the amount of which is indicated on the quote and on the description of services.
This security deposit may be retained in part or in full in the event of damage to the Equipment when it was under the responsibility of the Client (without prejudice to the possibility of claiming additional compensation, corresponding to the total amount of the damage actually suffered).
Article 7 – Use of Rented Equipment
The rental confirmation transfers custody of the rented Equipment to the Client for the entire rental period. The rental begins when the Equipment is handed over by the Lessor and ends when the Equipment is returned by the Client to the Lessor in accordance with the contract.
The Client agrees to take care of the rented Equipment and to return it in the same condition as when handed over by the Lessor.
In the event of damage to or loss of the Equipment, the Client agrees to reimburse the full cost of the damages. For your information, the base price for the rented Equipment is as follows:
_ Life jackets: €30, double paddle: €20, single paddle: €10, waterproof container: €30, shorty wetsuit: €20, long john wetsuits: €40.
Boat damage insurance is included in the service.
Article 8 – Client Obligations
The Client makes a commitment, both for himself and for all the participants he represents:
– that each participant be able to swim 25 meters and be capable of submerging themselves,
– that each participant wears a life jacket (buoyancy aid),
– that each participant wear closed shoes throughout the entire sailing period,
– to return all the Equipment covered by this service to the Lessor in their original condition,
– to have taken out a valid private life civil liability insurance policy on the day the service was provided,
– to have no physical or mental contraindications to practicing the activity, in particular not being pregnant,
– to refrain from sailing with a child under 6 years old, from wearing boots, from abandoning nautical equipment and rubbish on the course, and from entering private properties bordering the course where access is not expressly authorized,
– that all participants grant a transfer of image rights in accordance with the following article,
– and more generally to comply with the safety instructions set out in Article 8, in the Safety Charter (attached) and given on site by the Lessor or its teams.
Article 9 – Assignment of rights
The Lessor may take photographs or videos in which the Client may appear.
By accepting these Terms and Conditions, the Client unconditionally authorizes the Lessor to capture his image and to use the photographs and other still images representing him taken during the performance of the Service.
The images may be used and exploited directly by the Lessor in any form and on any medium, worldwide, for ten years and free of charge. However, the Lessor is prohibited from commercializing the photographs and videos or from using them in any way that could infringe upon the privacy or reputation of the Client or participants.
Article 10 – Reservations
The booking procedures are as follows:
- Online sale :
The Customer selects the service(s) they are interested in and adds them to their basket. They then confirm their booking, accept these Terms and Conditions, and proceed with online payment. The Customer receives a booking confirmation email.
– Over-the-counter sales:
The Client arrives on site and informs the Lessor of the services they wish to purchase. They read and accept these Terms and Conditions, displayed on site, and then proceed with payment.
– Distance selling:
The customer can book remotely, by email or by telephone.
The Client informs the Lessor of the service(s) chosen, and the Lessor records the reservation in the management software and sends a booking confirmation email. On the day of the service, on site, the Client accepts these Terms and Conditions, which are displayed on site.
In the event of a booking (through any channel) by a Group, the final number of participants must be communicated to the Lessor no later than 2 days before the start of the Service (hereinafter referred to as "Confirmation of the number of participants").
Article 11 – No right of withdrawal
Article L. 221-28 of the French Consumer Code stipulates that the right of withdrawal cannot be exercised for contracts for accommodation services, other than residential accommodation, transport services for goods, car rentals, catering, or leisure activities that must be provided on a specific date or during a specific period. Article L. 221-2 of the Consumer Code also excludes this right for passenger transport and package holidays.
The Lessor takes advantage of this absence of a right of withdrawal and indicates that for all services falling within the scope of Article L. 221-28 or L. 221-2 of the Consumer Code, the Client will not have any right of withdrawal .
Article 12 – Security
The Client accepts and agrees to comply with the Safety Charter (attached) for himself and all participants for whom he/she is booking.
Minors under 18 years of age who are not accompanied by an adult (legal guardian) may not rent equipment. They remain under the responsibility of their parents or legal guardians, who must attest to their ability to swim at least 25 meters and to be able to submerge themselves.
Canoeing is open to everyone from the age of 6, provided that the child can swim, submerge themselves and is comfortable in the water.
The Lessor cannot verify the participants' level of athletic ability, nor their physical or medical condition. The Client guarantees that all participants are capable of participating in the activity.
Participants agree that they have no medical contraindications to participating in the service. The services are not recommended for pregnant women.
WARNING: If a participant does not have a medical contraindication but is dependent on special medical care or treatments (asthma, diabetes, etc.) or if their health condition requires special attention (fragile joint, back problem, mandatory wearing of glasses, etc.), they must absolutely bring appropriate emergency medication, according to medical recommendations, and consult their doctor for advice.
The Client who made the reservation will be solely responsible, and undertakes to ensure that the participants constituting the crew have the necessary physical and mental prerequisites for the practice of the canoe-kayak activity.
The Client and participants agree to comply with the safety and navigation instructions given to them by the Lessor's team during the safety briefing before the start of the service.
The Client and the participants also agree not to perform the services under the influence of alcohol or drugs or any other substance that may impair their judgment.
The Lessor reserves the right to refuse service to any person who does not comply with the instructions and who could endanger their own safety or the safety of others. Such refusal will not entitle the Lessor to any refund.
The Lessor also reserves the right to exclude any participant during the activity if their behavior is likely to disrupt the smooth running of the activity or compromise the safety or peace of other participants. In this case, the client or participant will not be entitled to any refund or compensation.
Article 13 – Liability
The Lessor is insured for Professional Civil Liability for the services sold.
Each participant must be covered by civil liability insurance (and preferably individual accident insurance) with the insurance company of their choice for the practice of whitewater sports.
In the case of an unsupervised rental, the Client agrees that all participants must have sufficient knowledge and technical skills to participate in this sporting activity. The Client and participants then participate entirely at their own risk and responsibility; the Rental Company is not liable.
Each participant is aware that, given the specific nature of the aquatic environment, they may be exposed to certain risks due to remoteness, isolation, and the specific characteristics of the environment (particularly rivers, streams, lakes, and seas). They assume these risks knowingly and must comply with safety and precautionary rules, and follow the advice given by the rental company and professionals.
The Lessor is not responsible for the loss, theft (including from vehicles) or breakage of items (e.g., glasses, cameras…) that participants may bring with them during the service and that may occur during said service.
Mobile phones, cameras, and any other equipment or items susceptible to water damage must be protected by a suitable waterproof cover provided by the participant. The Rental Company does not guarantee the watertightness of the containers and cannot be held responsible if the contents of the container become watertight and are damaged.
In the event of theft or damage to loaned equipment, the participant/client may be asked to pay compensation related to the damage or a full refund for the equipment.
Article 14 – Contract Amendment
Any service that is shortened or not used due to the Client, or started late due to the Client, will not entitle the Client to any refund.
The Lessor is only bound to the Client by the services sold.
Any modification must be expressly accepted in writing by the Lessor. The modification may incur an additional charge, which will be communicated to the Client before it is implemented.
In the case of a group booking, if the number of participants is less than the number confirmed in the confirmation, the full group rate (100%) will still apply. If the group arrives with more participants than the initial booking (without prior notice), the Lessor reserves the right to refuse entry to the additional participants. If the clients refuse to reduce their group size to the number agreed upon in the confirmation, the Lessor may refuse to provide the service, and the contract will be terminated at the Client's sole expense.
Article 15 – Termination of the contract
Article 15.1. Termination of the contract by the Client
The Client may terminate the contract at any time before the start of the service. For this termination to be valid, they must inform the Lessor by email or mail.
In this case, the Lessor will require the Client to pay termination fees and may retain all or part of the deposits or balance already paid, according to the following schedule:
More than 15 days before the date: deposit refunded.
Between 7 and 15 days before the date: 10% of the total amount retained from the deposit.
Between 2 and 7 days before the date: 20% of the total amount retained from the deposit .
Less than 48 hours or no-show: No refund of the deposit.
In the case of a Group booking, cancellation by one or more members will not be eligible for any refund once the Confirmation of the number of participants has been made.
However, when the Client's cancellation results from a case of force majeure, the termination fees will not be due.
The cancellation date is the date the Lessor receives the Client's request.
Article 15.2. Termination of the contract by the Lessor
The Lessor has the right to terminate the contract at any time before the start of the service. The Client will be offered a postponement or a credit note. If the Client refuses this option, they will be reimbursed.
The Client shall not be entitled to any additional compensation when the cancellation results from an impossibility of carrying out the service under optimal safety conditions (adverse weather circumstances for example) or in the event of the occurrence of a case of force majeure.
Article 16 – Protection of personal data
Article 16.1. Data collected
As part of its canoe and kayak rental business, the Lessor implements and operates personal data processing relating to Clients and Beneficiaries.
In this capacity, the Lessor collects the following personal data: first name, last name, title, postal address, email address, telephone number, specific details noted in the contract, payment methods.
Article 16.2. Purpose pursued
The collection of this personal data is essential for the execution of the contract and in the event of refusal to provide it, the Client may encounter difficulties in the execution of the service which cannot give rise to the liability of the Lessor.
This personal data is collected solely for the purpose of managing the Lessor's customer base in connection with the conclusion and execution of the contract, based on the Customer's consent. It is used only for the purposes to which the Customer has consented.
More specifically, the objectives are as follows:
– Identification of individuals using and/or booking services
– Formalization of the contractual relationship
– Performance of services booked with the Lessor
– Contract management and booking (including canoe allocation and travel arrangements)
– Communication to partners for the purpose of the performance of services by the partners concerned
– Accounting, including customer account management and customer relationship monitoring
– Processing of operations related to customer management
– Commercial communications and prospecting, event management.
Article 16.3. Persons authorized to access the data
The persons authorized to access the data collected within the Lessor are as follows: the employees of the Lessor and its partners involved in the services requested by the Client, and where applicable, the Lessor's subcontractors involved in the execution and/or administration of the services and who are required to intervene in this capacity on the processing, it being specified that in such a case, whether it concerns partners or subcontractors, this is carried out in compliance with the regulations in force.
Article 16.4. Data Retention
The personal data collected is kept for the legal retention period related to the purpose of the processing and for a maximum of 5 years.
The personal data relating to the Client's bank card is kept exclusively for the time necessary to complete the transaction.
Personal data relating to a prospective customer who does not enter into a booking contract with Le Loueur is kept for a period of 3 years from the date of collection
The personal data required for sending the newsletter is kept for as long as the Customer does not unsubscribe, when a newsletter is offered.
The Lessor implements organizational, technical, software, and physical digital security measures to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment, and the Lessor cannot guarantee the security of information transmitted or stored online.
The Lessor has formalized the rights and obligations of Clients and Beneficiaries with regard to the processing of their personal data in a document called [Name given], accessible at the following address: [address] and on request from the Lessor.
Article 16.5. Rights of the data subject of the collected data
In accordance with applicable data protection regulations, each user has the right to access, modify, object to, and rectify, for legitimate reasons, the collection and processing of their personal data. It is possible to request that this data be corrected, completed, clarified, updated, or deleted.
These rights can be exercised by writing a signed letter to the data controller, in the name and email of the data controller, attaching to your request a copy of your identity document.
The Lessor has appointed a Data Protection Officer (DPO): Stéphane PLET.
At any time, the Client may lodge a complaint with the CNIL according to the procedures indicated on its website (https://www.cnil/fr).
Article 16.6. Amendment to the clause
The Lessor reserves the right to modify this personal data protection clause at any time. If this personal data protection clause is modified, the Lessor undertakes to publish the new version on its website and will also inform users of the modification by email at least 15 days before the effective date.
Article 16.7. Objection to telephone solicitation
You have the option to register on the telephone marketing opt-out list on the following website: http://www.bloctel.gouv.fr/.
Article 17 – Insurance
The Lessor has professional liability insurance covering its business.
The Client agrees to hold and keep up-to-date civil liability insurance to cover any damages he or she may cause.
Article 18 – Dispute Resolution
Article 18.1. Applicable Law
These terms and conditions are governed by French law. However, the application of French law does not deprive the consumer Client of the mandatory provisions of their country of residence. This applies to both substantive and procedural rules.
Article 18.2. Mediation
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, the Lessor has implemented a consumer mediation system. The designated mediation entity is: SAS CNPM – MÉDIATION – CONSOMMATION. In the event of a dispute, the consumer may submit their complaint on the website:
http://cnpm-mediation-consommation.eu
or by mail by writing to
CNPM – MEDIATION – CONSUMER AFFAIRS
27, avenue de la Libération – 42400 SAINT-CHAMOND
Article 18.3. Online Sales
In the event that the service was purchased online by the Customer, the latter is informed that, in accordance with Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, he has the option to lodge a complaint and select a dispute resolution body on the following website:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
Article 18.4. Evidence
It is expressly agreed that the data contained in the Lessor's information systems shall be considered conclusive evidence of orders, requests, and any other element relating to the use of the Site. This data may be validly produced, particularly in court, as evidence in the same way as any written document.