Cruises in Paris on the St Martin canal, the Seine, the Ourcq canal and the Marne

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General Sales Conditions


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General Sales Conditions

For the purposes hereof, the terms hereinafter defined, whether in the singular or plural, shall have the following meanings:
- Customer": any natural person acting as a consumer within the meaning of the Consumer Code, i.e. for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity;
- "Services": catering and/or services offered directly by the Provider

Article 1 - General provisions

1.1 The performance of the Services is subject to the provisions of these terms and conditions, as supplemented by the specific conditions of the Service. They prevail over any conditions of purchase that may be opposed to them and express the entirety of the rights and obligations of the parties and are inseparable.

1.2 These terms and conditions apply to all services offered.

All bookings imply unreserved acceptance of our General Terms and Conditions, regardless of the clauses contained in the customer's order form.

1.3 If any of the provisions hereof (in whole or in part) shall be unlawful, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

1.4 The failure of the parties to exercise their rights hereunder shall in no way be construed as a waiver of such rights.

1.5 This document is written in French.

Article 2 - Prices

Prices are quoted in euros, exclusive of tax or inclusive of tax. Prices may be revised at any time without notice. The prices invoiced are those in force on the day of the reservation. They are subject to the VAT rates in force on the day of the service. Any new taxes or charges that may be created or any modification of current charges or taxes will automatically lead to the readjustment of prices. Prices may also be subject to a differentiated pricing policy based on the management of available capacity, which may lead to variations in prices. It is the Client's responsibility to assess whether the price is suitable for him/her before validating the reservation. No dispute concerning the price may be taken into consideration at a later date. The prices of services other than the main services cannot be changed after the reservation has been made.

Article 3 - Booking and payment conditions

3.1 The Provider shall make these General Terms and Conditions available to the Client on its website so that the Client can read them before making a reservation.

Reservations are made in writing, by e-mail, by courier or directly on the Provider's website. To make a reservation, the Client must be at least 18 years old and legally capable of entering into a contract.

Any fraud that contravenes these Terms and Conditions may result in the Service Provider refusing access to the Services at any time.

3.2 Individual cruises - ticketing

Reservations are required via the internet or at our offices.

Payment for tickets must be made at the time of booking.

3.3 Boat Rental - Privatisation - Group Cruise

A deposit of 50% of the total cost of the booking must be paid at the time of booking.

Balance at the latest 10 working days before the service.

Security deposit

The Service Provider may require a deposit in return for the service, which shall be paid by the Client 48 hours before the Service.

The amount of this deposit is defined in the quotation at the time of submission of the offer by the Provider.

The Client undertakes to have sufficient funds in his/her bank account for the debit of the security deposit at the time of the reservation request, and to maintain sufficient funds in the said account until the claim has been closed by the Provider.

The deposit is only charged in the event of damage, loss, theft or non-compliance with the rental contract, within 5 days of the Service.

3.4 Administrations

Order form required for booking.

The final number of participants must be communicated to us 15 working days before the event.

3.5 In the event that the Client fails to comply with the payment dates set forth in Article 3.3 or 3.4, the contract shall be terminated by operation of law, to the exclusive detriment of the Client, without prior notice from the Service Provider, who shall retain the sums paid as compensation. A detailed invoice will be drawn up and sent to the Client within 15 days of the end of the Service, or before, on request.

3.6 Payment may be made by cash (within the regulatory limit), cheque (drawn exclusively on a bank domiciled in France), credit card, bank transfer or any other method of payment accepted by the Service Provider. For any payment by credit card, the Customer agrees to use only the card he/she holds personally. In case of fraudulent use, the Service Provider shall not be held liable. The Customer must indicate for each payment the number, the date of validity and the cryptogram of his credit card.

Remote payment by credit card is fully secured by SSL protocol and ensured by an organization specialized in secure online transactions. The transmission of banking data is made by secure link and directly on the website of the said organisation. In any event, the unavailability of the electronic payment service shall in no way exonerate the Client from his obligation to pay the price of the chosen Services.

3.7 Any delay in payment will lead, after the sending of a letter of formal notice, to the invoicing of late payment interest, exclusive of all taxes, equivalent to the application of a rate equal to the rate of the European Central Bank plus 10 points. These penalties will be applied from the date on which the principal is due to the date of effective and total payment.

A fixed indemnity of €40 to compensate for collection costs will be payable by all professionals in the event of late payment (art. L441-5 of the French Commercial Code).

3.8 All unscheduled services and overtime shall be subject to immediate collection at the time of the Service, and to additional invoicing at the end of the Service.

Article 4 - Cancellation

4.1 Individual cruises - ticketing

In the event of a total cancellation of services :
- Cancellation more than 48 hours before departure or service: 80% of the total amount is refunded.
- Cancellation between 24 and 48 hours before departure or service: 60% of the total amount is refunded.
- Cancellation within 24 hours of departure or service: No refund.
- In the particular case of so-called special dates (1 January, 14 February, 14 July, 24 December, 25 December, 31 December), cancellation is not possible and the Client cannot claim any refund.

4.2 Boat Rental - Privatisation - Group Cruise

We will be notified 30 days before departure of any cancellation exceeding 10% of the estimated number of participants.

The final number of participants must be confirmed 15 full days before departure. After this deadline, no deductions will be accepted. Places cancelled after the deadline must be paid in full.

In the event of a total cancellation of the service, payments will be retained as compensation.

Article 5 - Postponement of the event

5.1 By the Customer

If the Client requests a postponement of the Service for any reason whatsoever, the Service Provider may propose another date depending on the availability of the boat concerned.

In the event of a postponement, the Service Provider shall collect 25% (twenty- five) of the total amount (including VAT) of the postponed service as compensation from the Client.

In case of unavailability of the boat, the Provider reserves the right to propose a different boat with a new corresponding quote.

In the absence of an agreement between the parties, Article 4.2 on cancellation shall apply automatically.

5.2 Due to the Provider

If the Service Provider requests a postponement of the event for any reason whatsoever, the Service Provider may offer the Client:
- another date depending on the availability of the boat concerned,
- one of the Provider's other boats available on the date initially planned under the same conditions.

The Client shall not be entitled to claim any expenses, compensation or damages that may be claimed in this respect and shall be responsible for organising the event in another boat. Any over-classification is equivalent to a commercial discount.

5.3 Due to deteriorating sanitary conditions

In case of sanitary deterioration, confinement or any other measure taken by the French government, the provider will propose a postponement of the service for a period of 18 months. The provider will keep the deposit during this period. In the absence of an agreement between the parties, the provider will retain 25% of the deposit as compensation.

Article 6 - Rules of Procedure

6.1 Common

The Service Provider will do everything in its power to ensure that the Service is carried out in the conditions provided for in the reservation.

The number of participants present on the boat may not, under any circumstances, exceed the safe number prescribed for it.

Any material or object that could be dangerous for the clients or the Provider's staff will be refused.

Proper dress and behaviour that is respectful and does not infringe on safety rules are required.

Any offender may be refused access or be expelled from the place of the Service, without the possibility of being reimbursed for the price paid, the Service Provider furthermore reserving the right to take any action it deems necessary.

The Provider reserves the right to charge the Client for any damage to equipment caused on board by the Provider or a member of the Client's party.

6.2 Individual cruises

The passenger or the entire group of passengers must present themselves at the embarkation point at the latest 10 minutes before the scheduled departure time for regular cruises.

Boarding starts 30 minutes before departure. If the passenger or group of passengers arrives after the departure of the boat, they will not be entitled to any refund or compensation.

The Provider reserves the right to refuse boarding:
- passengers under the age of 18 who are not accompanied by adults,
- passengers whose behaviour (e.g. drunkenness, behavioural problems, etc.) is likely to disturb the smooth running of the cruise.

For safety reasons, the Provider may refuse access to luggage, pushchairs and/or bicycles on the boat. In case of refusal of access to the boat for this reason, the Client will not be entitled to a refund.

For safety reasons, the client must follow the instructions given by our crew on board the boats, such as remaining seated when passing through the sills, bridges and gangways, and not moving around in areas that are not authorised.

No outside food or drink is allowed on the boats.

The Provider reserves the right to cancel or modify the programmes in the event of problems related to navigation, such as: flooding, ice, mechanical incident, strike, administrative decision to close or any other event.

6.3 Boat Rental - Privatisation - Group Cruise

The rental time starts at the time stated in the contract even if there are no participants. No discount or extra time will be granted if the participants are late.

Article 7 - Confidentiality

The parties mutually undertake to maintain the strictest confidentiality with regard to all documents and information that may come to their knowledge in the context of the performance of the services.

Article 8 - Responsibilities - Insurance

The Service Provider accepts no responsibility for theft of or damage to any objects or property (personal effects, hand luggage, equipment etc.) belonging to the Client or entrusted to him.

The Service Provider will invoice the Client for any theft or damage to property or belongings caused by the Service Provider or a member of the participants on the premises.

In the event of non-performance of its contractual obligations, the Service Provider may not reimburse more than 100% of the service ordered.

The Provider declares that it is duly insured with a reputable company for its operational liability in the field of inland waterway passenger transport.

Article 9 - Force majeure

The Service Provider reserves the right to cancel a Service in the event of force majeure (fire, explosion, attack, natural disaster, administrative constraints, etc.). In this case, any deposit paid will be refunded without the Client being entitled to claim any additional compensation.

Article 10 - Right of withdrawal

Pursuant to Article L 221-28, 12° of the Consumer Code, the Customer may not exercise the right of withdrawal for the provision of catering services and leisure activities which must be provided on a specific date or during a specific period.

Article 11 – Personal data

11.1 Treatments performed.

The personal data provided by the Client is subject to computer processing by the Service Provider, in particular in the context of the performance and management of its contractual relationship with the Client, its legitimate interest in improving the quality and operational excellence of the services offered to these clients or to comply with certain regulatory obligations. The processing of this data is carried out in compliance with the law n° 78-17 of 6 January 1978 in force and/or any other law or any other applicable Community Regulation (hereinafter "Personal Data Legislation").

The Service Provider only processes, collects and stores personal data voluntarily provided by the Customer, such as: name, first name, date of birth, contact details, nationality, bank details, etc., in particular for the purpose of providing the ordered Services, managing its contractual relationship with the Customer, proposing offers for products and services offered by the Service Provider and/or its partners and compiling statistics.

At the time of each reservation, the Client will be asked to fill in or complete a form, some of which, indicated by an asterisk, will be mandatory. If no answer is given or if the information provided is incorrect, the Service Provider will not be able to process the Client's request. The other data are optional.

The Customer guarantees the truthfulness and accuracy of the information provided by him or any other third party using his data in the context of this agreement.

11.2 Recipient of the Data.

Access to the Customer's personal data is granted only to those persons and departments who are authorised to have access to it for the above-mentioned processing purposes and/or insofar as such access is required by a legal or regulatory basis, unless you tick the box expressly agreeing to receive offers and information from the Provider's partners.

The Service Provider may share Clients' personal data with suppliers authorised to perform services on its behalf who may be located in other countries. Before doing so, the Service Provider will take all necessary steps to ensure that the Clients' personal data is adequately protected as required by the Privacy Legislation and its internal policies.

11.3 Shelf life.

The Service Provider undertakes to keep and archive the Customer's personal data for a period which does not exceed the period necessary for the purposes for which they are collected and processed and extended, where applicable, by the periods of the applicable legal or regulatory requirements.

11.4 The Customer's rights.

In accordance with the Personal Data Legislation, the Customer has the right to access, rectify, delete, portability and omission of his personal data, as well as the right to limit the processing of his data and to oppose such processing on legitimate grounds. In order to exercise these rights, the Customer may contact us at contact@canauxrama.com indicating his name, first name and the subject of his request. We may ask the Customer for additional information in order to identify him/her and to be able to process his/her request. The Customer also has the right to formulate specific or general directives concerning the retention, deletion and communication of his or her data post-mortem.

If he considers that his rights are not respected, the Customer has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés via the following link: www.cnil.fr.

However, we ask the Customer to contact us beforehand at the above address so that we can deal with the request and find an amicable solution.

If you have any questions or comments about this item, please contact us at contact@canauxrama.com.

11.5 Security.

The Service Provider undertakes to ensure the security and confidentiality of the personal data communicated and transmitted by the Client in order to prevent them from being distorted, damaged or accessed by unauthorised third parties.

Article 12 – Complaints

In the event of a complaint concerning the service, the Customer may contact the Service Provider by post at CANAUXRAMA - 13 quai de la Loire - 75019 PARIS or by e-mail at contact@canauxrama.com within 15 days of the service being provided.

Complaints will only be accepted insofar as the difficulties to which they give rise have been reported on the spot in order to enable them to be remedied and to limit the prejudice that the Client may claim.

In the event of a dispute between the trader and the consumer, they shall endeavour to find an amicable solution. If no amicable agreement is reached, the consumer may refer the matter free of charge to the consumer ombudsman to which the trader belongs, namely the Association of European Ombudsmen (AME CONSO), within one year of the written complaint to the trader. The referral to the consumer ombudsman must be made :
- or by completing the form on the AME CONSO website: www.mediationconso-ame.com ;
- or by mail addressed to AME CONSO, 11 Place Dauphine - 75001 PARIS.

This provision on referral to the Ombudsman does not apply to legal persons.

Article 13 - Applicable law - Disputes

This contract is governed by French law. It shall be applied and interpreted in accordance with that law.

In the event of a dispute, the Customer shall first contact the Service Provider to find an amicable solution.

The Customer is informed that he may in any case have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with the existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

In the absence of an amicable solution, the case shall be brought before the competent courts, it being specified that the time limits for taking legal action shall not be interrupted during the period for seeking such an amicable solution.

In the event of a dispute or contestation, the French courts shall have sole jurisdiction and French law shall be solely applicable. Disputes arising with our customers registered in the trade and company register will be submitted to the Commercial Court of Paris.

All the above clauses will be fully respected by both parties.