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Section 1.1. Designation of the seller
SAS Canoe AT THE MOULIN DE LA MALENE
Head office: Le Moulin de La Malène
Siret: 429070 121 000 18 APE 7721Z
Phone: 04 66 48 51 14 Email: canoeblanc@gmail.com
Legal representative: SIMON Jean
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 and kayaks by the Lessor to 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 under these general terms and conditions of sale. The Customer must be over 18 years old and have the legal capacity to contract. Group: group of ten or more people, subject to a single reservation by a representative. Participant: any person participating in the service, even if they have not directly contracted with the Lessor. Service: rental of canoes, kayaks, stand up paddle and rafting. Online contract: contract concluded as part of the purchase of service(s) on the Lessor's website at the following address: www.canoeblanc.com Distance contract: any contract concluded as part of an organized system of sale or provision of services at a distance, without the simultaneous physical presence of the professional and the consumer, by the exclusive use of one or more remote communication techniques until the conclusion of the contract/quote, excluding the website.
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 unconditional acceptance of these general terms and conditions of sale, which prevail over all other conditions, with the exception of those that have been expressly accepted by the Lessor and appear on the signed reservation contract/quote. The Customer declares that they have read these general terms and conditions of sale and have accepted them before making their reservation and concluding the signed contract/quote.
The Customer acknowledges having received, prior to placing his order and/or concluding the signed contract/quote, in a legible and comprehensible 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 4.1. Final price and additional taxes The rental price is announced in euros, all taxes included (TTC) per boat. It can be expressed as 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 methods The Customer guarantees to the Lessor that he has the authorizations that may be necessary to use the payment method chosen by him, when validating the contract/signing the quote. The Lessor reserves the right to suspend any reservation management and any execution of services in the event of refusal of authorization of payment by bank card by officially accredited organizations or in the event of non-payment of any amount due under the contract. Payments made by the Customer will only be considered final after actual collection of the amounts due by the Lessor. The Customer has several means of payment offering optimal security among the following, depending on the type of service reserved: a. by credit card (Carte Bleue, Visa card, Eurocard/Mastercard), b. by bank check, c. by transfer (transfer fees payable by the Customer), d. by holiday vouchers e. in cash
The equipment for hire (hereinafter the “Equipment”) includes what is indicated in the description of the services. ● The boat ● The paddles ● The buoyancy aids ● A container
The Lessor may request a security deposit at the time of booking, the amount of which is indicated on the quote and in the description of the 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 Customer (without prejudice to the possibility of requesting additional compensation, corresponding to the total amount of the damage actually suffered)
The rental confirmation transfers custody of the rented Equipment to the Customer for the entire rental period. The rental begins when the Equipment is handed over by the Rental Company and ends when the Equipment is returned 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 condition as when it was handed over by the Rental Company. In the event of damage to the Equipment, the Customer undertakes to reimburse all damages. For information, the basic price of the rented Equipment is as follows: canoe: €620 - kayak: €410 - buoyancy aid: €40 - canister: €35 - double paddle: €40 - single paddle: €25 - paddle: €119 - helmet: €52 - paddle: €600 - wetsuit: €100
The Client undertakes for himself and for all the participants he represents: - that each participant knows how to swim 25 meters and is able to submerge himself, - that each participant wears a vest (buoyancy aid), - that each participant wears closed shoes during the entire navigation period, - to return to the Lessor in their original condition all the Equipment subject to this service, - to have taken out a private life civil liability contract valid on the day of the service, - to have no physical or psychological contraindication to the practice of the activity, in particular not being pregnant, - to refrain from sailing with a child under 5 years old, from wearing boots, from abandoning his nautical equipment and his rubbish on the course as well as from entering private properties along the course to which access is not expressly authorized, - that all participants grant an assignment of image rights 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 given on site by the Lessor or its teams.
The Lessor may be required to take photographs or videos in which the Client may appear. By accepting these General Terms and Conditions, the Client unconditionally authorizes the Lessor to capture his/her image and to use the photographs and other still images representing him/her taken during the performance of the Service. The images may be exploited and used directly by the Lessor in any form and on any medium, worldwide, for ten years and free of charge. However, the Lessor undertakes not to commercialize the photographs and videos or to use them in any way that could infringe on the privacy or reputation of the Client or participants.
The booking terms are as follows: - Online sale: The Customer selects the service(s) that interest him/her and puts it/them in his/her basket. He/she then confirms his/her wish to book, accepts these T&Cs and proceeds to pay online. The Customer receives a booking confirmation email. - Over-the-counter sale: The Customer arrives on site and tells the Lessor which services he/she wishes to purchase. He/she acknowledges and accepts these T&Cs, displayed on site, then proceeds to payment. - Remote sale: The Customer can book remotely, by email or by telephone. The Customer tells the Lessor which service(s) he/she has chosen and the Lessor records the booking in the management software. On the day of the service, on site, the Customer accepts these T&Cs, displayed on site. In the event of a reservation (via any channel) by a Group, the final number of participants must be communicated to the Lessor at the latest 1 day before the start of the Service (hereinafter referred to as “Confirmation of the number of participants”).
Article L. 221-28 of the Consumer Code provides that the right of withdrawal cannot be exercised for contracts for the provision of 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 option for passenger transport and tourist packages. The Lessor relies on this absence of 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 Customer will not have any right of withdrawal.
The Customer accepts and undertakes to respect, for himself and all the participants for whom he is booking, the Safety Charter (in the appendix). Minors under 18 years of age unaccompanied by an adult (legal guardian) cannot rent Equipment. They remain under the responsibility of their parents or legal guardians who attest to their ability to swim at least 25 meters, to be able to immerse themselves. Canoeing is open to all from 5 years old, provided that the child knows how to swim, immerse themselves and is comfortable in the water. The Rental Company cannot verify the level of sports practice of the participants, nor their physical or medical condition. The Customer undertakes to ensure that all participants are able to practice the service. Participants undertake not to be the subject of a medical contraindication to the practice of the service. The Services are not recommended for pregnant women. WARNING: If a participant is not subject to a medical contraindication but is dependent on special medical care or treatments (asthma, diabetes, etc.) or if their state of health requires special attention (fragile joint, back problem, compulsory wearing of glasses, etc.), they must imperatively provide the appropriate emergency medication, according to medical recommendations and consult their doctor for advice. The Customer who made the reservation will be solely responsible, and undertakes to ensure that the participants constituting the crew have the physical and psychological prerequisites necessary to practice the canoeing-kayaking activity. The Customer and the participants undertake to comply with the safety and navigation instructions that will be given to them by the Rental Company's team during the safety briefing before the start of the service. The Customer and the participants also undertake not to practice the services under the influence of alcohol or drugs or any other substance that could impair their judgment. The Lessor reserves the right to refuse any person who does not comply with the instructions and who could endanger his safety or that of others. This refusal will not give rise to any reimbursement from the Lessor. The Lessor also reserves the right to exclude during the service a participant whose behavior is likely to disrupt the smooth running of the activity or to compromise the safety or peace of other participants. In this case, the customer or participant will not be able to claim any reimbursement or compensation.
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 of their choice for the practice of white water sports. In the case of a rental not supervised by an instructor, the Customer undertakes to ensure that all participants have sufficient knowledge and technical skills to practice this sporting activity. In this case, the Customer and the participants practice under their full responsibility and at their own risk, the Lessor not being liable. Each participant is aware, given the specific nature of the aquatic environment, that they may run certain risks due in particular to the distance, isolation and specific nature of the environment (in particular rivers, streams, lakes and seas). They assume these risks with full knowledge of the facts and must comply with the rules of prudence and safety, follow the advice given by the Lessor and professionals. The Lessor is not responsible for the loss, theft (including in vehicles) or breakage of objects (e.g. glasses, cameras, etc.) that participants may take with them during the service and that may occur during the said service. Mobile phones, cameras and any equipment or objects that are sensitive to water must be protected by a suitable waterproof cover provided by the participant. The Lessor does not guarantee the watertightness of the containers and cannot be held responsible if the contents of the container should take on water and be damaged. In the event of theft or damage to the equipment loaned, the participant/customer may be asked for compensation for the damage or a full refund of the equipment.
Any service shortened or not used due to the Customer, or started late due to the Customer will not give rise to any refund. The Lessor is committed to the Customer only for 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 shows up in fewer numbers than the number planned when confirming the number of participants, the full rate for the group initially planned will remain applicable (100%). In the event that the Group shows up in greater numbers, the Lessor is entitled to refuse the unplanned participants. If the customers refuse to reduce the size of their group to the size agreed when confirming the number of participants, the Lessor may refuse to perform the service and the contract will be terminated at the exclusive fault of the Customer, without any refund being made, and the full price of the service will be due.
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, the Client must inform the Lessor by email or by post. In the case of a Group booking, cancellation by one or more members will not be subject to any refund once the Confirmation of the number of participants has been recorded. 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 of receipt by the Lessor of the Client's request.
Article 15.2. Termination of the contract by the Lessor The Lessor may terminate the contract at any time, before the start of the service. A postponement or credit will be offered to the Customer. In the event of refusal, the Customer will be reimbursed. The Customer may not claim any additional compensation when the cancellation results from an inability to carry out the service in optimal safety conditions (unfavorable weather circumstances for example) or in the event of a force majeure event.
Article 16.1. Data collected As part of its canoe-kayak rental business, Le Loueur implements and operates personal data processing relating to Customers and Beneficiaries. As such, Le Loueur collects the following personal data: first name, last name, title, postal address, email address, telephone number, specific features noted in the contract, payment terms.
Article 16.2. Purpose pursued The collection of this personal data is essential for contractual performance and in the event of refusal to communicate it, the Customer is exposed to difficulties in the performance of the service which cannot give rise to the liability of the Lessor. This personal data is collected for the exclusive purpose of ensuring the management of the Lessor's Customers within the framework of the conclusion of the contract and its performance, on the basis of the consent of the Customer. It is only used for the purposes to which the Customer has consented. More specifically, the purposes are as follows: - Identification of persons using and/or reserving the services - Formalization of the contractual relationship - Performance of the services reserved with the Lessor - Management of contracts and reservations (in particular distribution of canoes, management of travel) - Communication to partners with a view to the performance of the services by the partners concerned - Accounting, in particular management of Customer accounts and monitoring of the Customer relationship - Processing of operations relating to Customer management - Commercial communications and prospecting, animation.
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 Customer, and where applicable, the Lessor's subcontractors participating in the performance and/or administration of the services and required to intervene in this capacity on the processing, it being specified that in such a case, whether they are partners or subcontractors, this is done in compliance with the regulations in force. Article 16.4. Data retention This personal data collected is retained for the legal retention period relating to the purpose of the processing and for a maximum of 5 years. Personal data relating to the Customer's bank card is retained exclusively for the period necessary to complete 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. Personal data necessary for sending the newsletter are kept for as long as the Customer does not unsubscribe, when a newsletter is offered. The Lessor 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 security of the transmission or storage of information on the Internet. The Lessor has formalized the rights and obligations of Customers and Beneficiaries with regard to the processing of their personal data in a document called Given name, accessible at the following address: address and on request from the Lessor.
Article 16.5. Rights of the holder of the data collected In application of the applicable regulations on personal data, each user has the right to query, access, modify, oppose and rectify, for legitimate reasons, the collection and processing of their personal data. It is possible to request that this data be rectified, 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 a copy of your identity document to your request. The Lessor has appointed a Data Protection Officer (DPO): At any time, the Customer may file a complaint with the CNIL according to the terms indicated on its website (https://www.cnil/fr).
Article 16.6. Amendment of the clause The Lessor reserves the right to make any amendment to this clause relating to the protection of personal data at any time. If a modification is made to this clause on the protection of personal data, the Lessor undertakes to publish the new version on its website, and will also inform users of the modification by e-mail, at least 15 days before the effective date. Article 16.7. Opposition to telephone canvassing You have the right to register on the list of opposition to telephone canvassing on the following website: http://www.bloctel.gouv.fr/.
The Lessor has professional liability insurance covering its activity. The Client undertakes to hold and be up to date with its liability insurance to cover any damage it may cause.
Article 18.1. Applicable law These general conditions are subject to the application of French law. However, the application of French law cannot deprive the Consumer Customer of the mandatory provisions of his country of residence. This applies to both substantive and formal rules.
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 consumer mediation system. The mediation entity selected is: SAS CNPM - MÉDIATION - CONSOMMATION. In the event of a dispute, the consumer may file their complaint on the website: http://cnpm-mediation-consommation.eu or by post by writing to CNPM - MÉDIATION - CONSOMMATION 27, avenue de la Libération – 42400 SAINT-CHAMOND
Article 18.3. Online sale In the event that the service has been purchased online by the Customer, the latter is informed that he has the option, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, to file 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. Proof It is expressly agreed that the data contained in the information systems of the Lessor have probative force with regard to orders, requests, and any other element relating to the use of the Site. They may be validly produced, in particular in court, as a means of proof in the same way as any written document.