Article 1 – Preamble

Article 1.1 Designation of the seller

Company name: Duluc William

Trade name: Animation Vézère Canoë Kayak (A.V.C.K.)

Head office: 3 chemin Castel Girou, 24620 les Eyzies

Place of operation: le Téoulet, pont des Eyzies, 24620 les Eyzies

Siret: 503 951 352 00015

Telephone: 05 53 06 92 92

Email: avck@vezere-canoe.com

Legal representative: William Duluc

Hereinafter referred to as “the Lessor”

Section 1.2 Purpose

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 and stand-up-paddles by the rental company for any person having the legal capacity to contract (hereinafter referred to as “the Client(s)”), whether they are consumers or professionals within the meaning of the Consumer Code.

Section 1.3. Definitions

Customer: natural or legal person who contracts with the Lessor under these general conditions of sale. The Customer must be over 18 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 he has not directly contracted with the Lessor.

Service: canoe-kayak or stand-up-paddle (SUP) rental and possibly an ancillary shuttle service.

Online contract: contract concluded in connection with the purchase of service(s) on the Lessor’s website at the following address: www.vezere-canoe.com

Distance contract: any contract concluded within the framework 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 techniques of distance communication up to at the conclusion of the contract/quote, excluding the website.

Article 2 – Content and scope

These general 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 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/quote contract.

Article 3 – Pre-contractual information

The Customer acknowledges having had communication, prior to placing his order and/or concluding the signed contract/quote, in a readable and understandable manner, of these general and specific conditions of sale and of all information listed in article L. 221-5 of the Consumer Code when he is a consumer.

Article 4 – Final price and additional taxes

Section 4.1. Final price and additional taxes

The rental price is announced in euros, all taxes included (TTC) per person. It can be expressed in the form of a flat rate in the case of groups. It is possibly calculated according to the number of participants.

The price includes the elements indicated in the signed estimate/contract.

Unless otherwise stated in the description of the service and in the contract/quote, the price does not include transport to the place of service, accommodation and subsistence costs, meals and drinks, expenses to be paid on place, as well as any service or service not expressly mentioned in the description of the service.

Section 4.2. Payment terms

The Client guarantees to the Lessor that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the contract/signature of the estimate. The Lessor reserves the right to suspend any management of the reservation and any performance of the services in the event of refusal of authorization of payment by credit card from officially accredited bodies or in the event of non-payment of any sum due under the contract.

Payments made by the Customer will only be considered final after effective collection of the sums 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 (credit card, Visa card), online only,

b. by bank check,

c. by bank transfer (transfer costs borne by the Customer),

d. by ANCV or ANCV Connect holiday vouchers,

e. cash

Article 5 – Equipment rented

The equipment rented (hereinafter the “Equipment”) includes what is indicated in the description of the services. It includes, in all cases: a watercraft (canoe, kayak or SUP), a buoyancy aid per person, a paddle per person, a container or bag per rental entity.

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 the services.

The security deposit may be kept in part or in full in the event of damage to the Equipment when it was under the Customer’s responsibility (without prejudice to the possibility of requesting additional compensation, corresponding to the amount of the damage actually suffered) .

Article 7 – Use of rental Equipment

The rental confirmation transfers custody of the rented Equipment to the Customer for the duration of the rental. The rental begins when the Equipment is handed over by the Lessor and ends when the Equipment is returned by the Customer to the Lessor 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 Lessor.

In the event of damage to the Equipment, the Customer undertakes to reimburse all damages. For information, the base price for the rented Equipment is as follows:

Riviera Canoe: €700 excl. VAT, Riviera XL Canoe: €850 excl. VAT, Kayak Optimo: €700 excl. VAT, Kayak Brio: €650 excl. VAT, Kayak Tango: €400 excl. VAT, Kayak Mezzo: €400 excl.

Single adult paddle: €35 excl. VAT, single child paddle: €20 excl. VAT, double paddle: €35 excl. VAT

Buoyancy aid vest: €40 excl. tax

Nestable container: €40 excl. tax

Article 8 – Customer’s obligations

The Client undertakes for himself as well as for all the participants he represents:

– That each of the participants knows how to swim 25 meters and is able to immerse themselves,

– To refrain from sailing with a child under 5 years old,

– That each participant wears a vest (buoyancy aid) and closed shoes throughout the navigation period,

– To return to the Lessor in their original state all the Equipment covered by this service,

– To have subscribed to a private civil liability contract valid on the day of the service,

– To not have any physical or psychological contraindication to the practice of the activity,

– To refrain from wearing boots, abandoning nautical equipment and rubbish on the course as well as 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 his team.

Article 9 – Assignment of rights

The Lessor may be required to take photographs or videos on which the Customer may appear.

By accepting these T&Cs, the Customer unreservedly authorizes the Lessor to capture his image and that of other participants, in particular minors, to have photographs and other still images representing him taken during the performance of the Service.

The images may be exploited and used directly by the Lessor in any form and any medium, worldwide, for ten years and free of charge. The Lessor is however prohibited from marketing the photographs and videos and from carrying out any exploitation likely to infringe the privacy or reputation of the client or participants.

It is possible that external service providers also take photographs during the service. The Lessor declines all responsibility in this regard.

Article 10 – Reservations

The booking conditions are as follows:

• Online sale: The Customer selects the service(s) that interests him and puts it/them in his basket. He then confirms his wish to book, accepts these T&Cs and proceeds to payment online. The Customer receives a booking confirmation email.

• Sale at the counter: The Customer presents himself on site and informs the Lessor of the services he wishes to purchase. He reads and accepts these T&Cs, then proceeds to payment.

• Distance selling: The Customer can book remotely, by e-mail or by telephone.

By e-mail: the Customer informs the Lessor of the service(s) chosen and the Lessor sends a quote/contract with these GCS. The Customer sends back the signed quote/contract by e-mail or by post after having read and accepted these T&Cs, as well as the deposit or full payment for the service, as the case may be. The Lessor sends a booking confirmation email or letter once payment has been received and cashed.

By telephone: the Customer pre-books the chosen service, then makes the reservation at the counter.

In the event of a reservation (by any channel) by a Group, the final number of participants must be communicated to the Lessor no later than 7 days before the start of the Service (hereinafter referred to as “Confirmation of the number of participants”).

Article 11 – Absence of right of withdrawal

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, rental car, catering or leisure activities that 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 takes advantage of this lack 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 of any right of withdrawal.

Article 12 – Security

The Customer accepts and undertakes to respect, for him and all the participants for whom he reserves, the Safety Charter (attached).

Minors under the age of 18 unaccompanied by an adult (legal guardian) cannot rent Equipment. They remain under the responsibility of their parents or legal guardians who certify their ability to swim at least 25 meters, to be able to immerse themselves.

Canoeing is open to everyone from the age of 5, provided that the child can swim at least 25 meters, immerse themselves and is comfortable in the water.

The Lessor cannot verify the level of sports practice of the participants, nor their physical or medical condition. The Customer agrees that all participants have the ability to practice the service.

Participants agree not to be subject to a medical contraindication to the practice of the service. The Services are not recommended for pregnant women.

CAUTION: If a participant is not subject to a medical contraindication but is dependent on special medical care or treatment (asthma, diabetes, etc.) or if his state of health requires special attention (fragile joint, back problem, compulsory wearing of glasses, etc.), he must imperatively provide the appropriate emergency medication, according to medical recommendations and consult his doctor for advice.

The Customer having made the reservation will be solely responsible and undertakes that the participants constituting the crew have the physical and psychological prerequisites necessary for the practice of the 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’s team during the safety briefing before the start of the service.

The Client and the participants also undertake not to practice the services under the influence of alcohol or drugs or any other substance that may impair their discernment.

The Lessor reserves the right to refuse any person 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 Lessor.

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 safety or tranquility of other participants. In this case, the client or participant cannot claim 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 an individual accident) with the insurance of his choice for the practice of white-water sports.

In the case of a rental not supervised by an instructor, the Customer agrees that all participants have sufficient knowledge and technical skills to practice this sporting activity. The Customer and the participants practice in this case under their full responsibility and at their own risk, the Lessor not being responsible.

Each participant is aware, given the specific nature of the aquatic environment, that he may run certain risks due to the remoteness, isolation and specific nature of the environment (in particular rivers, rivers, lakes and seas). He assumes them in full knowledge of the facts, and he must comply with the rules of prudence and safety and follow the advice given by the Lessor and the professionals.

The Lessor is not responsible for the loss, theft (including in vehicles) or the breakage of objects (eg glasses, cameras, etc.) that participants may take with them during the service and which may provide for the course of said service.

Mobile phones, cameras as well as all equipment or objects that fear water must be protected by an adequate waterproof cover brought by the participant. The Lessor does not guarantee the tightness 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 loaned equipment, the participant/customer may be asked for compensation for wear and tear or a full refund of the equipment.

Article 14 – Modification of the contract

Any service that is abridged or not consumed by the Customer, or started late by the Customer, will not entitle you to any refund.

The Lessor undertakes vis-à-vis the Customer only for the services sold.

Any modification must be expressly accepted in writing 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 arrives in fewer numbers than the expected number of participants when confirming the number of participants, the full group rate initially planned will remain applicable (100%). In the event that the Group presents itself in greater numbers, the Lessor is entitled to refuse 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 sole fault of the Customer, without any reimbursement is carried out, and the full price of the service will be due.

Article 15 – Termination of the contract

Article 15.1 Termination of the contract by the Customer

The Customer has the option of terminating the contract at any time, before the start of the service. For this termination to be valid, he must inform the Lessor by email or by post.

In this case, the Lessor will ask the Customer to pay termination administration fees (at a flat rate of 10 euros) and may retain them from all or part of the installments or the balance already paid, according to the following schedule:

If the cancellation occurs:

– Before 48 hours from the start of the reserved service; 100% of the total amount of the rental will be refunded by bank transfer within 7 days, less the flat-rate administration fee of 10 euros per reservation.

– Less than 48 hours from the start of the reserved service or following a no-show; 100% of the total rental amount will be charged.

When the Customer’s cancellation results from a case of force majeure, the termination costs 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 Lessor

The Lessor has the option of terminating the contract at any time, before the start of the service. A report or credit will be offered to the Customer. In case of refusal, the Customer will be reimbursed.

The Customer may not claim any additional compensation when the cancellation results from an impossibility of carrying out the service under optimal safety conditions (unfavorable weather conditions for example) or in the event of the occurrence of a case of force majeure.

The Lessor reserves the right to cancel the reservation when the navigation safety conditions are not guaranteed. This results in the following 3 cases of force majeure;

• If the reserved service takes place within the time slot of a “France weather alert”, Orange weather vigilance for violent storms. Consult beforehand:

http://www.meteofrance.com/previsions-meteo-france/les-eyzies-de-tayac-sireuil/24620

• Water level of the Vézère too high following heavy rainfall. Contact us and consult Vigicrue-Montignac (all public: less than 80cm, with experience between 1m and 80cm):

 https://www.vigicrues.gouv.fr/niv3station.php?CdEntVigiCru=14&CdStationHydro=P416101001&GrdSerie=H&ZoomInitial=1

• Airworthiness control delays due to high winds. Contact us.

Article 16 – Protection of personal data

Article 16.1 Data collected

As part of its canoe kayak rental activity, The Lessor implements and operates the processing of personal data relating to Customers and Beneficiaries.

As such, The Lessor collects the following personal data: first name, surname, title, postal address, email address, telephone number, details noted in the contract, terms of payment.

Article 16.2 Purpose pursued

The collection of this personal data is essential for the contractual execution and in the event of refusal to communicate, 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 Clientele within the framework of the conclusion of the contract and its execution, on the basis of the Client’s consent. They are 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 provision of services by the partners concerned

• Accounting, in particular management of Customer accounts and monitoring of Customer relations

• 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 the following: the employees of the Lessor and its partners involved in the services requested by the Customer, and, where applicable, the subcontractor service providers of the Lessor participating in the realization and/ or the administration of services and being called upon to intervene in this respect on the processing, it being then specified that in such a case, whether it is a question of partners or subcontractors, this is carried out in compliance with the regulations. in force.

Article 16.4 Retention of data

This personal data collected is kept for the legal retention period relating to the purpose of the processing and for a maximum of 5 years.

The personal data relating to the Customer’s bank card are kept exclusively for the period necessary for the completion 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 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 measures in terms of digital security 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 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 Customer Register, accessible at the following address: AVCK – Le Téoulet – 24620 les Eyzies and on request from the Lessor.

Section 16.5. Rights of the holder of the data collected

In application of the regulations applicable to personal data, each user has the right to query, access, modify, oppose and rectify, for legitimate reasons, the collection and processing of his 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 controller, attaching a copy of your identity document to your request.

The Lessor has appointed a Data Protection Officer (DPO): William DULUC (06 87 86 51 16).

At any time, the Customer may file a complaint with the CNIL in the manner indicated on its website (https://www.cnil/fr).

Section 16.6. Modification of the clause

The Lessor reserves the right to make any changes 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 Lessor undertakes to publish the new version on its site and will also inform users of the modification by e-mail, within a minimum period of 15 days. before the effective date.

Section 16.7. Opposition to cold calling

You have the right to register on the list of opposition to canvassing on the following website:    http:// www.bloctel.gouv.fr

Article 17 Insurance

The Lessor has professional liability insurance covering its activity.

The Customer undertakes to hold and be up to date with his civil liability insurance to cover the damage he may cause.

Article 18 Settlement of disputes

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 mandatory provisions of his country of residence. This is the case for the rules of substance as well as for the rules of form.

Section 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 chosen mediation entity is: SAS CNPM – MÉDIATION – CONSUMPTION. Our member number: CNPM13740

In the event of a dispute, the consumer may file his complaint on the site:

http://cnpm-mediation-consumption.eu

or by post by writing to CNPM – MÉDIATION – CONSUMPTION 27, avenue de la Liberation – 42400 SAINT-CHAMOND

Section 18.3. Online sales

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 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=EN.

Section 18.4. Evidence

It is expressly agreed that the data contained in the Lessor’s information systems have probative value as 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.