Ownership, Publication:
WILLIAM DULUC – AVCK
“Le Teoulet”
24620 Les Eyzies
05 53 06 92 92
Webmaster, Development:
ALIOKI
51 avenue de la Canéda
SIRET N ° 802 729 962 00034
monsieurcharles@alioki.fr
Hosting
OVH
2 rue Kellermann 59100 ROUBAIX
SIRET N ° 424 761 419 00045
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):
•
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.
Our canoe, kayak, and stand-up paddle base on the Vézère is located in Les Eyzies in the Dordogne and can be contacted by phone all year round to answer you, so if necessary, do not hesitate to contact us!
If you haven’t already done so, also consider consulting our Frequently Asked Questions, which often helps you find the information you need!