Article 1 - Preamble
Article 1.1. Seller designation
EURL Haut ALLIER Evasion
Trade name: Canoë Val d ' Allier
Headquarters: La Tour 43380 Lavoute- Chilhac
Siret: 89411616900018
Telephone: 04 71 77 44 80
Email: Contact@CANOE-VALD allier .com
Legal representative: PLET Stéphane
Below called " the rental company "
Article 1.2. Object
The purpose of these General Conditions is to define the rights and obligations of the parties in the context of the rental of canoes-kayaks by the rental company for any person with the legal capacity to contract ( hereinafter referred to as "the Customer (s) "), whether a consumer or a professional within the meaning of the Consumer Code.
Article 1.3. Definitions
Customer: natural or legal person who contracts with the lessor in the context of these general conditions of sale. The customer must be over 18 years old and the legal capacity to contract.
Group: Set of 11 or more people, subject to a single reservation by a representative.
Participant: anyone participating in the service, even if he has not directly contracted with the lessor.
Service: canoe-kayak and rafting rental, and possibly an accessory to go and/or return shuttle accessory service.
Online contract: contract concluded in the context of purchase of service (s) on the rental of the rental company at the following address: www.canoe-valdallier.com
Distance contract: any contract concluded within the framework of an organized sales system or provision of remote services, without the simultaneous physical presence of the professional and the consumer, by the exclusive recourse to one or more remote communication techniques until the conclusion of the contract/quote, to the exclusion of the website.
Article 2 - Content and field of application
These general conditions of sale apply automatically to all the services sold or offered for sale by the lessor.
They apply for sales made by all distribution and marketing circuits.
Any order or purchase implies unreserved membership in these general conditions of sale which prevail on all other conditions, with the exception of those which have been expressly accepted by the rental company and appear on the signed booking/quote contract.
The Customer declares that they have read these general conditions of sale and have accepted them before his reservation and the conclusion of the signed contract/quote.
Article 3 - Pre -contractual information
The Customer acknowledges having had communication, prior to the placing of his order and/or the conclusion of the contract/quote signed, in a readable and understandable manner, these general and specific 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 announced in euros, all taxes included (TTC) by boat, or per person for rafting services and hikes formula escape. It can be expressed in the form of a package in the case of groups. It is possibly calculated according to the number of participants.
The price includes the elements indicated in the signed quote/contract.
Article 4.2. Payment terms
The customer guarantees to the rental company that he has the authorizations possibly necessary to use the payment method chosen by him, when validating the contract/signature of the quote. The lessor reserves the right to suspend any reservation management and any execution of services in the event of refusal of authorization to pay by bank card from officially accredited organizations or in the event of non-payment of any sum due under the contract.
The payments made by the customer will only be considered final after effective collection of the sums due by the lessor.
The Customer has several payment methods providing optimal security among the following, depending on the type of service reserved:
has. by credit card or private credit card (credit card, visa card, Eurocard/Mastercard),
b. By bank check,
c. by transfer (transfer costs at the customer),
d. By holiday vouchers
e. in cash
ARTICLE 5 - Equipment Rental
The equipment rental (below, "equipment") includes what is indicated in the description of the services.
He includes, in any case:
- The boats (s)
- The paddles
- Buoyancy vests
- The waterproof containers (s)
- Helmets, neoprene combinations (rafting activities)
ARTICLE 6 - Warranty deposit
The lessor may request a security deposit at the time of the reservation, the amount of which is indicated on the quote and the description of the services.
This deposit can be kept in part or in part in the event of degradation on the equipment when it was under the responsibility of the customer (without prejudice to the possibility of requesting additional compensation, corresponding to the total amount of the degradation actually suffered).
ARTICLE 7 - Use of equipment rental
The rental confirmation transfers custody of the equipment rented to the customer for the duration of the rental. The rental begins at the time of handing over the equipment with the rental company and ends at the time of the restitution of the equipment by the customer to the rental company in accordance with the contract.
The Customer undertakes to take care of the rented equipment and to return it in the same state as to the delivery by the lessor.
In the event of degradation or loss of equipment, the Customer undertakes to reimburse all of the damage. For information, the price of the rented equipment price is as follows:
_ Vests: € 30, double paddle: € 20, simple paddle: € 10, waterproof container: € 30, shorty combination: € 20, long John combinations: 40 €.
Boat damage insurance is included in the service.
Article 8 - Customer obligations
The customer is committed to his person as well as for all the participants he represents:
- that each of the participants can swim 25 meters and be able to immerse themselves,
- that each participant has a vest (buoyancy aid),
- that each participant has closed shoes throughout the navigation period,
- to restore in their original state to the rental company all the material object of present service,
- to have taken out a private life civil liability contract being valid on the day of the service,
-not to have physical or mental contraindication to the practice of activity, in particular not to be pregnant,
- to refrain from navigating with a child under 6 years old, to carry boots, to abandon his nautical equipment and his detritus on the course as well as to enter the private properties along the route whose access is not expressly authorized,
- that all participants grant an assignment of image law in accordance with the following article,
- and more generally to respect the safety instructions set out in article 8, in the safety charter (in the appendix) and data on site by the rental company or his teams.
Article 9 - Cession of law
The rental company may have to take photographs or videos on which the customer can appear.
By accepting these GTC, the customer unreservedly authorizes the rental company to capture his image and to have photographs and other fixed images the representative made during the performance of the service.
The images can be used and used directly by the rental company in any form and any support, worldwide, for ten years and free of charge. However, the rental company refrains from marketing photographs and videos and making an exploitation likely to harm the privacy or the reputation of the customer or participants.
Article 10 - Reservations
The reservation methods are as follows:
- Online sale :
The customer selects the service (s) that interests him (NT) and puts them in his basket. He then confirms his wish to book, accepts these CGVs and proceeds online. The customer receives a reservation confirmation email.
- Comptoir sale:
The customer presents himself on site and indicates to the rental company the services he wishes to buy. He reads and accepts these GTCs, displayed on site, then proceeds.
- Distance sale:
The customer can reserve remotely, by email or by phone.
The customer indicates to the rental company the service (s) chosen (s) and the rental company records the reservation in the management software and issues a reservation confirmation email. On the day of the service, on site, the customer accepts these CGVs, displayed on site.
In the event of reservation (by 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 called "Confirmation of the number of participants").
ARTICLE 11 - Lack of right of withdrawal
Article L. 221-28 of the Consumer Code provides that the right of withdrawal cannot be exercised for contracts for accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period. Article L. 221-2 of the Consumer Code also excludes this faculty for people transport and tourist packages.
The lessor prevails of this absence of the right of withdrawal and indicates that for all the services falling within the scope of article L. 221-28 or L. 221-2 of the consumer code, the customer will have no right of withdrawal .
Article 12 - Security
The customer accepts and undertakes to respect, for him and all the participants for whom he reserves, the security charter (in the appendix).
Minors under the age of 18 not accompanied by an adult (legal manager) cannot rent equipment. They remain under the responsibility of their parents or legal officials who attest to their ability to know how to swim at least 25 meters, to be able to immerse themselves.
The practice of canoeing is open to everyone from 6 years old, provided that the child knows how to swim, immerse himself and be comfortable in the water.
The lessor cannot check the level of sports practice of the participants, nor their physical or medical condition. The Customer undertakes that all participants are able to practice the service.
Participants agree not to be the subject of medical contraindication to the practice of the service. The services are not recommended for pregnant women.
Please note: if a participant is not subject to medical contraindication but is dependent on special care or treatments (asthma, diabetes, etc.) or that his health requires special attention (fragile joint, back problem, compulsory glasses port, etc.), he must provide suitable emergency drugs, according to medical recommendations and consult his doctor for advice.
The customer who has made the reservation will be solely responsible, and undertakes that the participants constituting the crew have the physical and psychic prerequisites necessary for the practice of canoe-kayak activity.
The customer and the participants undertake to comply with the safety and navigation instructions which will be given to them by the lessor team during the security briefing before the start of the service.
The customer and the participants also undertake not to practice services under the influence of alcohol or drugs or any other substance that can alter their discernment.
The lessor reserves the right to refuse anyone who does not comply with the instructions and who could jeopardize his safety or that of others. This refusal will not give rise to any refund from the rental company.
The lessor also reserves the right to exclude during the service a participant whose behavior is likely to disturb the smooth running of the activity or compromise the security or tranquility of other participants. In this case, the Customer or Participant may not claim any refund or any compensation.
Article 13 - Responsibility
The lessor is provided in professional civil liability for the services sold.
Each participant must be covered by civil liability insurance (and preferably an individual accident) with the insurance of their choice for the practice of living water sports.
In the case of a rental not supervised by an instructor, the customer undertakes that all participants have sufficient technical knowledge and skills to practice this sporting activity. The customer and the participants practice in this case under their sole responsibility and at their risk and peril, the rental company not being responsible.
Each participant is aware, given the specific character of the aquatic environment, that he can run certain risks due in particular to the distance, isolation and specific character of the environment (notably rivers, rivers, lakes and seas). He assumes them with full knowledge of the facts and he must comply with the rules of prudence and security, to follow the advice given by the lessor and the professionals.
The rental company is not responsible for the loss, theft (including in vehicles) or the breakage of objects (ex: glasses, cameras, etc.) that the participants could take with them during the service and which can provide during the said service.
Mobile phones, cameras as well as all the equipment or object fearing water must be protected by an adequate waterproof cover brought by the participant. The lessor does not guarantee the tightness of the cans and cannot be held responsible if the contents of the can take the water and be damaged.
In the event of theft or deterioration of the equipment loaned, the participant/customer may be requested a compensation linked to the deterioration or a total reimbursement of the equipment.
Article 14 - Modification of the contract
Any service abbreviated or not consumed due to the customer, or started late due to the customer will not give the right to any refund.
The rental company undertakes vis-à-vis the customer only on the services sold.
Any modification must be accepted in writing and expressly by the lessor. The modification may be subject to additional pricing, which will be announced to the Customer before proceeding.
In the event of a reservation by a group, if the latter presents itself in number lower than the workforce provided for when confirming the number of participants, the entire tariff of the group initially planned will remain applicable (100%). In the event that the group presents itself in higher numbers (without having warned), the lessor is entitled to refuse the unprepared participants. If customers refuse to reduce the size of their group to the agreed size when confirming the number of participants, the lessor may refuse to execute the service and the contract will be broken to the exclusive customers of the customer.
Article 15 - Termination of the contract
Article 15.1. Termination of the contract by the Customer
The customer has the possibility of terminating the contract at any time, before the start of the service. In order for this termination to be valid, he must inform the lessor by email or by mail.
In this case, the rental company will ask the customer to pay termination fees and may retain them all or part of the installments or the balance already paid, according to the following schedule:
More than 15 days before the date: reimbursement of the deposit.
Between 7 and 15 days before the date: 10 % of the total amount retained on the deposit.
Between 2 and 7 days before the date: 20 % of the total amount retained on the deposit .
Less than 48 hours or not presentation: no return of the deposit.
In the case of a group reservation, cancellation by one or more members may not be refunded once the number of participants have been acted.
When the customer's cancellation results from a case of force majeure, the termination fees will not be due.
The date of cancellation is the date of receipt by the lessor of the customer's request.
Article 15.2. Termination of the contract by the rental company
The rental company has the opportunity to terminate the contract at any time, before the start of the service. A postponement or having will be offered to the customer. In case of refusal, the customer will be reimbursed.
The Customer cannot claim any additional compensation when the cancellation results from an impossibility of carrying out the service under optimal security conditions (unfavorable meteorological 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 canoeing kayaks rental activity, the rental company implements and operates personal data processing relating to customers and beneficiaries.
As such, the lessor collects the following personal data: first name, last name, civility, postal address, email address, telephone number, particularities noted in the contract, payment methods.
Article 16.2. Goal
The collection of these personal data is essential for contractual execution and in the event of refusal to communicate it, the customer is exposed to difficulties in execution of the service which cannot give rise to the engagement of the responsibility of the lessor.
These personal data is collected with the exclusive aim of ensuring the management of the rental of the rental company within the framework of the conclusion of the contract and its execution, on the basis of the consent of the customer. They are only used for the purposes to which the customer has agreed.
More specifically, the purposes are as follows:
- Identification of people using and/or reserving services
- formalization of the contractual relationship
- Realization of services reserved with the rental company
- Contracts and reservation management (in particular distribution of canoes, travel management)
- communication to partners with a view to performing the services by the partners concerned
- Accounting including customer account management and customer relations monitoring
- Processing of customer management operations
- Commercial communications and prospecting, animation.
Article 16.3. People authorized to access data
The persons authorized to access the data collected within the lessor are as follows: the employees of the lessor and his partners intervening on the services requested by the Customer, and, if necessary, the subcontractors' subcontractors of the lessor participating in the realization and/or the administration of the services and being led to intervene on this subject, being then specified that in such a question, whether is carried out in compliance with the regulations in force.
Article 16.4. Data storage
These personal data collected is kept during the legal retention period relating to the purpose of treatment and at most for 5 years.
Personal data relating to the customer's bank card is kept exclusively within the time required for the realization of the transaction.
Personal data relating to a prospect who does not conclude a reservation contract with the lessor are kept for a period of 3 years from their collection
The personal data necessary for shipping the newsletter are kept all the time the customer does not unsubscribe, when a newsletter is offered.
The rental company implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alterations, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the lessor cannot guarantee the safety of the transmission or storage of information on the Internet.
The rental company has formalized the rights and obligations of customers and beneficiaries with regard to the processing of their personal data within a document called name given, accessible to the following address: Address and on request to the lessor.
Article 16.5. Rights of the data collected data
Pursuant to the applicable regulations in terms of personal data, each user has a right of questioning, access, modification, opposition and rectification, for legitimate reasons, to the collection and processing of his personal data. It is possible to request that this data be rectified, supplemented, clarified, updated or deleted.
These rights can be exercised by writing a letter signed to the data processing manager, on behalf and email of the processing controller by joining your request a copy of your identity document.
The rental company has appointed a data protection delegate (DPO): Stéphane Pret.
At any time, the customer can take a complaint with the CNIL according to the terms indicated on his website (https: //www.cnil/fr).
Article 16.6. Modification of the clause
The lessor reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the rental company undertakes to publish the new version on its site, and will also inform users of the modification by electronic messaging, within a minimum period of 15 days before the effective date.
Article 16.7. Opposition to telephone canvassing
You have the ability to register on the list of opposition to telephone canvassing on the following website: http://www.bloctel.gouv.fr/.
Article 17 - Insurance
The lessor has professional liability insurance covering his activity.
The Customer undertakes to hold and be up to date with his civil liability insurance to cover the damage he could cause.
Article 18 - Dispute settlement
Article 18.1. Applicable law
These general conditions are subject to the application of French law. The application of French law cannot however deprive the consumer customer of the imperative provisions of his country of residence. This is the case for the substantive rules as for the rules of form.
Article 18.2. Mediation
In accordance with articles L.616-1 and R.616-1 of the Consumer Code, the lessor has set up a consumption mediation system. The mediation entity chosen is: SAS CNPM - Mediation - Consumption. In the event of a dispute, the consumer can submit his complaint on the site:
http://cnpm-mediation-constation.eu
or by post by writing to
CNPM-Mediation-Consumption
27, avenue de la Liberation-42400 Saint-Chamond
Article 18.3. Online sale
In the event that the service has been bought online by the Customer, the latter is informed that he has the faculty, in accordance with article 14.1 of Regulation (EU) n ° 524/2011 of the European Parliament and of the Council of May 21, 2013, to introduce a complaint and to select a settlement of disputes 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 Information Systems of the Lessor have probative for commands, requests, and any other element relating to the use of the Site. They may be validly produced, particularly in justice, as a means of evidence in the same way as any written document.