Article 1 –
Article 1.1.
La Petite Mer water sports centre
lieu dit le port/ route de gorges / bp33/ 07150 vallon pont d’arc
siret 849 978 929 00016
0664618659
lapetitemer@gmail.com
Legal representative: M. Magnani Ugo
General Terms and Conditions of Hire:
Descending the Ardèche Gorges is strictly prohibited for anyone who cannot swim and for children under the age of 7.
All minors must be accompanied by a parent or a state-certified B.E.E.S. canoeing/kayaking instructor (one instructor per 16 people maximum). The hire includes all the equipment necessary for the successful completion of the activity: canoe or kayak, paddle, water bottle, life jacket and, depending on the weather, a wetsuit, as well as transport to the launch site and return to the starting point.
For the 32 km or 24 km descent of the Ardèche Gorges over 2 days with camping, the service does not include the cost of the campsite. You must contact the campsite booking office at the tourist information centre in Vallon Pont d’Arc.
Booking a canoe or kayak rental implies that you have read and unreservedly agree to the terms and conditions set out below.
Hereinafter referred to as “the Lessor”
Article 1.2. Object
The purpose of these general terms and conditions is to set out the rights and obligations of the parties in connection with the hire of canoes and kayaks by the Lessor to any person with the legal capacity to enter into a contract (hereinafter referred to as ‘the Customer(s)’), whether they are a consumer or a business within the meaning of the Consumer Code.
Article 1.3. Definitions
Customer: a natural or legal person who enters into a contract with the Lessor under these general terms and conditions of sale. The Customer must be over 18 years of age and have the legal capacity to enter into a contract.
Group: a group of ten or more people, covered by a single booking made by a representative.
Participant: any person taking part in the service, even if they have not entered into a contract directly with the Lessor.
Service: canoe and kayak hire and, where applicable, an additional one-way shuttle service.
Online contract: a contract concluded for the purchase of a service or services on the Lessor’s website at the following address: Location Canoë Ardèche – La Petite Mer (canoe-ardeche petitemer.com)
Distance contract: any contract concluded within the framework of an organised system for the distance sale or provision of services, without the simultaneous physical presence of the trader and the consumer, through the exclusive use of one or more means of distance communication until the conclusion of the contract/quote, excluding the website.
Article 2 – Content and scope
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 unreserved acceptance of these general terms and conditions of sale, which take precedence over all other terms and conditions, with the exception of those expressly accepted by the Lessor and set out in the signed booking contract/quote.
The Customer declares that they have read these general terms and conditions of sale and accepted them prior to making their booking and signing the contract/quote.
Article 3 – Pre-contractual information
The Customer acknowledges that, prior to placing their order and/or entering into the signed contract or quotation, they have been provided, in a legible and comprehensible manner, with these general and specific terms and conditions of sale and all the information listed in Article L. 221-5 of the French Consumer Code, where they are a consumer.
Article 4 – Price
Article 4.1. Final price and additional charges
The rental price is quoted in euros, inclusive of all taxes (TTC), per person. It may be quoted as a flat rate for groups. It may be calculated based on the number of participants.
The price includes the items specified in the signed quotation/contract.
Article 4.2. Terms of payment
The Customer warrants to the Lessor that they have the necessary authorisation to use the payment method chosen by them at the time of confirming the contract or signing the quotation. The Lessor reserves the right to suspend all booking arrangements and the provision of services in the event of a refusal to authorise payment by credit card by the officially accredited bodies or in the event of non-payment of any sum due under the contract.
Payments made by the Customer shall only be considered final once the amounts due have been effectively received by the Lessor.
The Customer may choose from several payment methods offering optimal security from among the following, depending on the type of service booked:
a. by credit card or store card (Carte Bleue, Visa, Eurocard/Mastercard), online only,
b. by cheque,
c. by bank transfer (transfer fees to be borne by the Customer),
d. by holiday vouchers
e. in cash
Article 5 – Equipment for hire
The equipment available for hire comprises the items listed in the service description. Equipment checked
It includes, in all cases:
A boat, buoyancy aid, paddle, waterproof containers, and a shuttle service depending on the route.
The Lessor may request a security deposit at the time of booking, the amount of which is stated on the quotation and in the description of services.
This security deposit may be retained in part or in full in the event of damage to the equipment whilst it was under the Customer’s responsibility (without prejudice to the right to claim additional compensation corresponding to the total cost of the damage actually incurred).
Article 7 – Use of the Hired Equipment
The confirmation of hire transfers custody of the hired equipment to the Customer for the entire duration of the hire. The hire commences upon handover of the equipment by the Lessor and ends upon return of the equipment by the Customer to the Lessor in accordance with the contract.
The Customer undertakes to take care of the hired 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 the full cost of the damage. For information, the pricing structure for the hired Equipment is as follows:
All equipment and gear must comply with current regulations and be kept in good condition. Participants must each be fitted with a life jacket that meets the requirements set out in Annex 2 of the Order of 4 May 1995; they must wear the life jacket fastened at all times whilst the canoe is on the water. The hired equipment is intended solely for the hirer’s use and may not be sublet or lent to others, even free of charge. Mobile phones, cameras and any other water-sensitive equipment or items must be protected by a suitable cover; the container is merely a storage vessel and does not provide sufficient protection against water ingress. “LA BASE NAUTIQUE DE LA PETITE MER” accepts no liability in the event of damage, loss or theft.
The watertightness of the container depends on it being properly sealed
Article 8 – Customer’s Obligations
The Customer undertakes, on their own behalf and on behalf of all participants they represent:
– to ensure that each participant can swim 25 metres and is able to submerge themselves,
– to ensure that each participant wears a life jacket (buoyancy aid),
– that each participant wears closed-toe shoes throughout the entire duration of the sailing trip,
– to return all Equipment covered by this service to the Lessor in its original condition,
– to hold a valid personal liability insurance policy on the day of the activity,
– to have no physical or mental conditions that would prevent them from taking part in the activity, in particular not to be pregnant,
– to refrain from sailing with a child under the age of 7, from wearing boots, from leaving behind sailing equipment and litter along the route, and from entering private property bordering the route where access is not expressly permitted,
– that all participants grant a licence for the use of their image in accordance with the following article,
– and, more generally, to comply with the safety instructions set out in Article 8.
– not to be under the influence of alcohol or drugs.
Article 9 – Transfer of Rights
The Lessor may take photographs or videos in which the Customer may appear.
By accepting these Terms and Conditions, the Customer unreservedly authorises the Lessor to capture their image and to use the photographs and other still images depicting them 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 a period of ten years and free of charge. The Lessor shall, however, refrain from marketing the photographs and videos and from exploiting them in any way that may infringe upon the privacy or reputation of the Customer or the participants.
Article 10 – Bookings
The booking procedures are as follows:
– Online booking:
The Customer selects the service(s) they are interested in and adds them to their basket. They then confirm their booking, accept these Terms and Conditions, and proceed to make payment online. The Customer receives a booking confirmation email.
– In-person booking:
The Customer visits the premises and informs the Lessor of the services they wish to purchase. They read and accept these Terms and Conditions, which are displayed on the premises, and then proceed to payment.
– Remote booking:
The Customer may make a booking remotely, by email or by telephone.
The Customer informs the Lessor of the service(s) selected, and the Lessor records the booking and sends a booking confirmation email where required. On the day of the service, on site, the Customer accepts these Terms and Conditions, which are displayed on site.
In the event of a booking (via 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 the “Confirmation of the number of participants”).
Article 11 – No right of withdrawal
Article L. 221-28 of the Consumer Code provides that the right of withdrawal may not be exercised in respect of contracts for the provision of accommodation services, other than residential accommodation,
goods transport services, car hire, catering or leisure activities which are to be provided on a specific date or during a specific period. Article L. 221-2 of the Consumer Code also excludes this right for passenger transport and package holidays.
The Lessor invokes this absence of a right of withdrawal and states that for all services falling within the scope of Article L. 221-28 or L. 221-2 of the Consumer Code, the Customer shall have no right of withdrawal.
Article 12 – Security
The Customer agrees to comply with, on their own behalf and on behalf of all participants for whom they are making a booking, the Safety Charter (attached).
Minors under the age of 18 who are not accompanied by an adult (legal guardian) may not hire Equipment. They remain the responsibility of their parents or legal guardians, who must certify that they are able to swim at least 25 metres and submerge themselves.
Canoeing is open to everyone aged 7 and over, provided the child can swim, submerge themselves and is comfortable in the water.
And from the age of 4, accompanied by a state-qualified guide on supervised trips.
Le Loueur ne peut vérifier le niveau de pratique sportive des participants, ni leur condition physique ou médicale. Le Client s’engage à ce que l’ensemble des participants soit en capacité de pratiquer la prestation.
Participants undertake that they have no medical contraindications to taking part in the activity. The activities are not recommended for pregnant women.
PLEASE NOTE: If a participant has no medical contraindications but requires special medical care or treatment (asthma, diabetes, etc.) or if their state of health requires special attention (fragile joints, back problems, the need to wear glasses, etc.), they must ensure they have the appropriate emergency medication in accordance with medical advice and consult their doctor for guidance.
The Customer who made the booking shall be solely responsible and undertakes to ensure that the participants making up the crew meet the necessary physical and mental requirements for canoeing and kayaking.
The Customer and participants undertake to comply with the safety and navigation instructions provided by the Lessor’s team during the safety briefing prior to the start of the activity.
The Customer and participants also undertake not to take part in the activities whilst under the influence of alcohol, drugs or any other substance that may impair their judgement.
The Lessor reserves the right to refuse any person who fails to comply with the instructions and who may endanger their own safety or that of others. Such refusal shall not give rise to any refund from the Lessor.
The Lessor also reserves the right to exclude, during the course of the activity, any participant whose behaviour is likely to disrupt the smooth running of the activity or to compromise the safety or peace of mind of other participants. In such cases, the Customer or participant shall not be entitled to any refund or compensation.
Article 13 – Responsability
The Lessor is covered by professional liability insurance for the services provided.
Each participant must be covered by third-party liability insurance (and preferably personal accident insurance) with an insurer of their choice for the practice of white-water sports.
In the case of a hire not supervised by an instructor, the Customer undertakes to ensure that all participants possess the necessary knowledge and technical skills to take part in this sporting activity. In such cases, the Customer and the participants take part entirely at their own risk and liability; the Lessor shall not be held liable.
Each participant is aware, given the specific nature of the aquatic environment, that they may face certain risks due in particular to remoteness, isolation and the specific nature of the environment (notably rivers, lakes and seas). They accept these risks in full knowledge of the facts and must comply with the rules of caution and safety, and follow the advice given by the Lessor and the professionals.
The Lessor shall not be liable for the loss, theft (including from vehicles) or damage to items (e.g. glasses, cameras, etc.) that participants may bring with them during the service and which may occur during the course of said service.
Mobile phones, cameras and any other water-sensitive equipment or items 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 liable if the contents of the container become waterlogged and damaged.
In the event of theft or damage to the equipment provided, the participant/customer may be required to pay compensation for the damage or a full refund for the equipment.
Article 14 – Amendments to the contract
No refund shall be payable for any service that is cut short or not used due to the Customer’s fault, or which commences late due to the Customer’s fault.
The Lessor is liable to the Customer solely in respect of the services sold.
Any amendment must be expressly accepted in writing by the Lessor. The amendment may be subject to an additional charge, which will be notified to the Customer before it is implemented.
In the event of a booking made by a Group, if the Group turns up with fewer members than the number specified in the Confirmation of the number of participants, the full price of the group booking as originally agreed shall remain applicable (100%). Should the Group turn up with more members than agreed, the Lessor is entitled to refuse any unaccounted-for participants. If the customers refuse to reduce the size of their group to the size agreed upon in the Confirmation of the number of participants, the Lessor may refuse to provide the service and the contract shall be terminated solely at the Customer’s fault, without any refund being made, and the full price of the service shall be due.
Article 15 – Termination of the contract
Article 15.1. Termination of the contract by the Customer
The Customer may terminate the contract at any time prior to the start of the service. For this termination to be valid, the Customer must notify the Lessor by email or post.
In such cases, the Lessor will require the Customer to pay a cancellation fee and may retain all or part of the deposits or balance already paid, in accordance with the following schedule:
In the case of a group booking, no refund will be given for cancellations made by one or more members once the number of participants has been confirmed.
However, if the Customer’s cancellation is due to force majeure, no cancellation fees will be payable.
The cancellation date is the date on which the Lessor receives the Customer’s request.
Only bookings confirmed by email or post will be accepted by BASE NAUTIQUE de la petite mer.
To cancel your booking, please contact us 48 hours before the scheduled date of your trip by telephone or by email at lapetitemer@gmail.com.
A full refund will be issued in the following cases:
– Force majeure: death, hospitalisation, illness, etc. (upon presentation of supporting documentation) – A ban on boating on the Ardèche due to adverse weather conditions: an orange or red weather alert, or flooding of the Ardèche
– Government decisions due to a pandemic
– If the decision to cancel the trip is made by us.
For any cancellation without valid proof or reason, a fee of €5.00 will be deducted from the amount of your refund.
Refunds will be made by bank transfer within 15 days.
If the forecast weather is unfavourable but not dangerous (severe thunderstorms, orange or red alerts, etc.), the trips will go ahead as planned.
If you still wish to cancel your trip, you have two options: We can issue you with a credit note, valid for 2 years
We can reschedule the date of your trip
For groups, the booking becomes effective upon receipt by SAS Base Nautique du Pont d’Arc, trading as ‘BASE NAUTIQUE DU PONT D’ARC’, of a deposit payment by cheque, cash or credit card.
In the event of bad weather or other circumstances that may prevent the activities of La Base Nautique de la Petite Mer from taking place, the latter reserves the right, as stated above, to cancel and offer a rescheduling of the booking, subject to availability later in the current season.
Payment for the full service must be made no later than upon boarding. Booking equipment with La SARL Base Nautique de LA PETITE MER implies that you have read the general terms and conditions of hire set out above and accept all clauses without reservation.
Article 15.2. Termination of the contract by the Lessor
The Lessor may terminate the contract at any time prior to the start of the service. The Customer will be offered a postponement or a credit note. If the Customer declines, they will be refunded.
The Customer shall not be entitled to any additional compensation where the cancellation results from an inability to carry out the service under optimal safety conditions (e.g. adverse weather conditions) or in the event of force majeure.
Article 16 – Data Protection
Article 16.1. Data collected
As part of its canoe and kayak hire business, the Lessor processes personal data relating to Customers and Beneficiaries.
In this regard, the Rental Company collects the following personal data: first name, surname, title, postal address, email address, telephone number, details noted in the contract, and payment terms.
Article 16.2. Purpose
The collection of this personal data is essential for the performance of the contract; should the Customer refuse to provide it, they may encounter difficulties in the provision of the service, for which the Lessor shall not be held liable.
This personal data is collected for the sole purpose of managing the Lessor’s customer base in connection with the conclusion and performance of the contract, on the basis of the Customer’s consent. It is used only for the purposes to which the Customer has consented.
More specifically, the purposes are as follows:
– Identification of individuals using and/or booking services – Formalisation of the contractual relationship
– Provision of services booked with the Lessor
– Contract and booking management (including allocation of canoes and management of transport)
– Communication with partners to facilitate the provision of services by the relevant partners
– Accounting, including customer account management and customer relationship monitoring – Processing of customer management operations
– Marketing communications, prospecting and promotional activities.
Article 16.3. Persons authorised to access the data
The persons authorised to access the data collected by the Lessor are as follows: the Lessor’s employees and its partners involved in the services requested by the Customer, and, where applicable, the Lessor’s subcontractors involved in the provision and/or administration of the services and required to be involved in the processing in this capacity, it being specified that in such cases, whether they are partners or subcontractors, this is carried out in accordance with the regulations in force.
Article 16.4. Data retention
The personal data collected is retained for the period required by law in relation to the purpose of the processing, and for a maximum of five years.
Personal data relating to the Customer’s credit card is retained solely for the period necessary to complete the transaction.
Personal data relating to a prospective customer who does not enter into a booking contract with the Lessor is retained for a period of 3 years from the date of collection.
Personal data required for the dispatch of the newsletter is retained for as long as the Customer does not unsubscribe, where a newsletter is offered.
The Lessor implements organisational, technical, software and physical measures relating to digital security to protect personal data against
alteration, destruction and unauthorised 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 over the internet.
The Lessor has set out the rights and obligations of Customers and Beneficiaries regarding the processing of their personal data in a document entitled [Name], available at the following address: [address] and on request from the Lessor.
Article 16.5. Rights of the data subject
In accordance with the applicable regulations on personal data, every user has the right to request information about, access, amend, object to and rectify, on legitimate grounds, the collection and processing of their personal data. It is possible to request that this data be rectified, supplemented, clarified, updated or erased.
These rights may be exercised by sending a signed letter to the data controller, stating the data controller’s name and email address, and enclosing a copy of your ID with your request.
At any time, the Customer may lodge a complaint with the CNIL in accordance with the procedures set out on its website (https://www.cnil/fr).
Article 16.6. Amendments to this clause
The Lessor reserves the right to amend this clause relating to the protection of personal data at any time. If any amendment is made to this personal data protection clause, the Lessor undertakes to publish the new version on its website and will also inform users of the amendment by email, at least 15 days before the date on which it takes effect.
Article 16.7. Opting out of cold calling
You can register on the cold calling opt-out list via the following website:
http://www.bloctel.gouv.fr/.
Article 16,8: Time schedule clause
The hirer must adhere to the appointment times for the chosen route (see further details on the page for each descent):
Mini descent 7 km:
– Off-season: 9 am to 3 pm non-stop.
– July/August: 8 am to 4 pm non-stop.
Maxi Minis 12 km:
– Off-season: 10 am and 1 pm
– July/August: 10 am and 1 pm (last departure)
24 km or 31 km in 1 day:
from 8 am for the 32km route and 8.30 am for the 24km route; these times may vary if the river level is high
32 km over 2 days or 3 days or more with camping:
Departure from our base before 3 pm, with the requirement to return to the nature reserve by 6 pm.
In the event of failure to comply with these times, the rental company reserves the right to modify or cancel the original service
17 – Insurances
The Lessor holds professional indemnity insurance covering their business activities.
The Customer undertakes to hold and keep up to date their own civil liability insurance to cover any damage they may cause.
Article 18 – Dispute resolution
Article 18.1. Applicable laws
These general terms and conditions are governed by French law. However, the application of French law shall not deprive the consumer of the mandatory provisions of their country of residence. This applies to both substantive and procedural rules.
Article 18.2. Mediation
In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, the Lessor has established a consumer mediation scheme. The designated mediation body is: SAS CNPM – MÉDIATION – CONSOMMATION. In the event of a dispute, the consumer may submit a complaint via 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 sales
Where the service has been purchased online by the Customer, the Customer is informed that they have the right, 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=FR.
Article 18.4. Proof
It is expressly agreed that the data contained in the Lessor’s information systems shall constitute conclusive evidence regarding orders, requests and any other matter relating to the use of the Website. Such data may be validly produced, in particular in court, as evidence in the same way as any written document.
