TERMS AND CONDITIONS OF SALE
LES BATEAUX LYONNAIS SASU NAVIG'INTER with a capital of 100 000 euros
Head office : 67 Quai Charles de Gaulle 69463 Lyon Cedex 6 - N° RC 353 044 449
GENERAL TERMS AND CONDITIONS OF SALE FOR DISTANCE SELLING SERVICES FOR LESS THAN 10 PEOPLE.
ARTICLE PREMIER - CHAMP D'APPLICATION
The present General Terms and Conditions of Sale apply to the following services, hereinafter referred to as the "Services" or the "Service": promenade cruises, restaurant cruises, and only for groups of less than 10 people.
For any other service or for groups of 10 people or more, the sales department of LES BATEAUX LYONNAIS, whose contact details are given in the "Contact" section of the www.lesbateauxlyonnais.com website, will send the client a reservation contract summarizing the content of the service and the general terms and conditions of sale specific to the service concerned.
The present General Terms and Conditions of Sale apply, without restriction or reserve, to any purchase of services described on the website www.lesbateauxlyonnais.com offered by LES BATEAUX LYONNAIS ('the Provider') to non-professional and professional customers ('the Customer') on its website www.lesbateauxlyonnais.com.
The main characteristics of the Services (content, rates, duration, location, etc.) are presented on the website www.lesbateauxlyonnais.com. Likewise, for all the specific terms and conditions concerning the reservation, payment, cancellation, confirmation, etc., the Customer must refer to these general terms and conditions of sale.
The Customer is required to read these General Terms and Conditions of Sale before placing an order. The choice and purchase of a Service is the sole responsibility of the Customer.
The coordinates of the Provider are as follows:
Company name: LES BATEAUX LYONNAIS SASU NAVIG'INTER
Amount of share capital: 100 000 euros
Registered office: 67, quai Charles de Gaulle 69006 Lyon - N° RCS LYON 353 044 449
Email address : firstname.lastname@example.org
Customer service phone number : 0478429681
These conditions apply to the exclusion of all other conditions, and in particular those applicable to other marketing channels of the Services.
These General Terms of Sale are accessible at any time on the website and will prevail, if necessary, over any other version or any other contradictory document.
Unless proven otherwise, the data recorded in the Provider's computer system constitute the proof of all transactions concluded with the Customer.
In accordance with the French Data Protection Act of January 6, 1978, the Customer has, at any time, a right of access, rectification and opposition to all his personal data by writing, by mail and proving his identity, to the address of the Provider listed above.
The Customer declares to have read these Terms and Conditions and to have accepted them by checking the box provided for this purpose before the implementation of the online ordering procedure.
These General Terms and Conditions of Sale may be subject to subsequent changes, the version applicable to the Customer's purchase is the one in force on the website on the date the order is placed.
The modifications of these General Conditions of Sale are opposable to the Customers of the site www.lesbateauxlyonnais.com as from their setting on line and cannot apply to the transactions concluded before.
The validation of the order of Services by the Customer is worth acceptance without restriction nor reserve of the present General Conditions of Sale.
The Customer acknowledges having the capacity required to contract and acquire the Services offered on the website www.lesbateauxlyonnais.com.
ARTICLE 2 - ORDERS
The Client is informed that if there are less than 20 passengers on the excursion cruises and less than 50 passengers on the restaurant cruises, LES BATEAUX LYONNAIS reserves the right to cancel the cruises.
Clients with reduced mobility are invited to contact LES BATEAUX LYONNAIS at the time of their reservation to find out about the accessibility of the boats and the time required to present themselves before boarding.
For restaurant cruises, Customers with special dietary requirements are invited to inform LES BATEAUX LYONNAIS when making their reservation.
Menus are displayed as an indication and according to supply constraints and the choice of cooks, they may be subject to change, LES BATEAUX LYONNAIS guaranteeing an identical level of quality of service for the Client.
2.1 ORDERING BY INTERNET
The Customer selects on the site the Services he wishes to order,
The Customer is informed of the different steps to follow to confirm his order, and of the technical means enabling him, before confirming his order, to identify and correct any errors in the data entry.
The Customer has the possibility, before confirming his order, to check the details, the total price and to correct possible errors in his order.
The consent is materialized by a "double click":
- The 1st click allows to validate the order,
- The 2nd click allows to definitively confirm the order after having checked and, if necessary, corrected it.
Once the order is completed, the Provider acknowledges receipt, without undue delay, by electronic means (email, printable page on the site ...).
It is the Customer's responsibility to verify the accuracy of the order and to immediately report any errors. The sale of Services will be considered as final only after the confirmation of the acceptance of the order by the Provider is sent to the Customer, by e-mail - and after the total collection of the expected payments.
Any order placed on the website www.lesbateauxlyonnais.com constitutes the formation of a contract between the Customer and the Provider.
2.2 ORDER BY PHONE
The Customer contacts LES BATEAUX LYONNAIS by phone. He indicates the services he wishes to order.
The customer is then informed of the different steps to follow and reads the general sales conditions before confirming his order.
The sale of services will only be considered final after the Provider has sent the customer confirmation of acceptance of the order by e-mail - and after full payment has been received.
The customer can proceed by bank transfer, remote purchase by indicating to the sales department his credit card number, sending by mail the payment at least 10 working days before the date of the reservation.
ARTICLE 3 - RATES
The Services offered by the Provider are provided at the prices in force on the website www.lesbateauxlyonnais.com at the date of the final order confirmation by the Customer. Prices are expressed in Euros, exclusive of tax and VAT.
These prices are firm and non-revisable during their validity period, as indicated on the website www.lesbateauxlyonnais.com, the Provider reserving the right, outside this validity period, to modify the prices at any time.
An invoice is established by the Provider and given to the Customer when the ordered Services are provided.
ARTICLE 4 - TERMS OF PAYMENT
LES BATEAUX LYONNAIS accepts interbank transfers, cash payments in euros, cheques drawn exclusively on a bank branch domiciled in France, vacation vouchers, culture vouchers (Chèque Déjeuner group), bank cards approved by the sales department (Visa, Master Card, American Express). The services can also be delivered against a voucher issued by a company approved by LES BATEAUX LYONNAIS.
For all online payment methods, the Provider has a secure payment system.
The payments made by the Customer will be considered as final only after effective collection of the sums due to the Provider.
In the event of late payment and payment of amounts due by the Customer beyond the deadline set in the Special Terms and Conditions, and in accordance with legal provisions, the Provider may decide by right and without further formality to apply interest on late payment which will be 3 times the legal interest rate. This interest shall run from the date of the initial payment date until full payment. A fixed indemnity for collection costs of 40€ will also be applied. Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Provider may be entitled to take against the Customer.
In addition, the Service Provider reserves the right, in the event of non-compliance with the above payment terms, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations.
The Customer shall not be charged any additional fees beyond the costs incurred by the Provider for the use of a payment method.
ARTICLE 5 - COURSE OF THE CRUISES
5.1 RIGHTS AND OBLIGATIONS OF LES BATEAUX LYONNAIS
LES BATEAUX LYONNAIS undertakes to implement the appropriate means to ensure the smooth running of the cruises under the conditions provided for in the reservation and declares that it has taken out the insurance necessary for the exercise of its activities.
5.2 RIGHTS AND OBLIGATIONS OF THE CLIENT
The client must arrive at the boat's embarkation point at least 15 minutes before the scheduled departure time. If the client arrives after the departure of the boat, he will not be entitled to any reimbursement or compensation.
LES BATEAUX LYONNAIS reserves the right to refuse boarding to passengers whose behavior (e.g., drunkenness) is likely to disturb the smooth running of the cruise. Furthermore, no animal or material that could be dangerous for the staff or passengers will be allowed on the boat.
From the moment he/she is invited to embark, each passenger must strictly comply with the instructions and safety instructions given by the boat's staff and must ensure his/her own safety and that of the persons under his/her care and/or property (clothing, luggage and other personal effects) that he/she owns, holds or guards.
It is forbidden to bring food and drink on board the boats and it is forbidden to smoke in the covered areas of the boats.
In the event that the client consumes alcoholic beverages in excess of the norm (particularly during restaurant cruises), the client will be solely responsible for any material or physical damage suffered by himself and/or a third party.
For reasons of hygiene and safety, animals are not allowed on board our boats.
ARTICLE 6 - FOURNITURE DES PRESTATIONS
6.1 SERVICES PROVIDED BY LES BATEAUX LYONNAIS
As the cruises are subject to the rules applicable to inland navigation, LES BATEAUX LYONNAIS reserves the right to modify, without prior notice or compensation, its cruises (in particular with regard to the itinerary, duration, schedules, boat... ) or to cancel them at any time, including the day of departure, in application of the above-mentioned rules or in case of, but not limited to, force majeure, terrorist acts or threats, sudden flooding, bad weather, storms, instructions given by the administration, mechanical incidents and generally any event likely to jeopardize the safety of the persons and goods transported.
Similarly, the Provider shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a force majeure event usually recognized by French case law.
In the event that it is impossible to perform all or part of the Service after the order has been placed, on the agreed date, the Provider will inform the Customer by email, telephone or mail as soon as possible in order to know its decision as to whether or not to maintain the order.
For the "individual" Customer, if the order is not maintained in the above case, the Service Provider will propose a postponement of the service, which will have to take place within a maximum of 6 months from the initially scheduled date.
In case of impossibility of postponing the service within 6 months, the Provider will propose a service with compensatory platform.
6.1 CANCELLATION BY THE CUSTOMER
The services offered by LES BATEAUX LYONNAIS are not subject to the application of any right of withdrawal and are not subject to the right of withdrawal provided for in articles L. 221-18 and following of the French Consumer Code concerning distance selling.
However, LES BATEAUX LYONNAIS grants the customer (group of less than 10 people) a withdrawal period under the conditions defined below.
- The customer can cancel his reservation, without any fees, up to 15 working days before the scheduled date.
- For any cancellation occurring between 15 days and 72 working hours before the scheduled date, the client may benefit from a postponement of the date within a maximum period of 6 months
- If this cancellation occurs between 72 hours and the day of the planned date of the service, the price of the reservation will be cashed in entirely by LES BATEAUX LYONNAIS.
- In case of force majeure and on justification, the price of the service will be refunded.
ARTICLE 7 - RESERVATION AND CLAIMS
In the absence of reservations or claims expressly made by the Customer upon receipt of the Services, the latter shall be deemed to be in conformity with the order, in quantity and quality.
Complaints of a commercial nature or concerning the quality of the services provided must be sent by e-mail, letter or registered letter with acknowledgement of receipt to LES BATEAUX LYONNAIS 67, quai Charles de Gaulle 69006 Lyon, at the latest within 15 days from the date of the service provided. Complaints will only be accepted insofar as the difficulties to which they refer have been reported on the spot in order to allow for a remedy and to limit the prejudice that the client could invoke. Complaints will be examined with the greatest care and LES BATEAUX LYONNAIS will do its best to provide an appropriate response.
No claim can be validly accepted in case of non-respect of these formalities and deadlines by the Customer.
ARTICLE 8 - GIFT VOUCHERS
The gift vouchers issued by LES BATEAUX LYONNAIS are valid for 1 year from the day of purchase.
After the expiration date, the gift vouchers are neither refundable nor exchangeable.
It is compulsory to present the gift voucher before boarding on the day of the service.
If the customer or the beneficiary is not present on the day of the service, the gift voucher is neither refundable nor exchangeable.
The gift vouchers are payable 100% at the time of order and can be sent subject to payment receipt.
Lost or stolen gift certificates cannot be exchanged or refunded.
Reservations for gift certificate services are subject to availability.
The gift vouchers are not valid during special events, such as the period of the Lyon illuminations, Mother's Day, Father's Day, December 31st, July 14th, Valentine's Day, and, more generally, any period during which the rate is not the one usually charged by LES BATEAUX LYONNAIS.
The customer will be able to check these periods on the website www.lesbateauxlyonnais.com.
ARTICLE 9 - RESPONSABILITES
The cruises being subject to all the rules applicable to inland navigation, LES BATEAUX LYONNAIS reserves the right to assess the navigability of the river and cannot be held responsible in case of modification or cancellation of a cruise resulting from the application of the above-mentioned rules and in a general way of any event likely to jeopardize the safety of the persons and goods transported.
LES BATEAUX LYONNAIS shall in no case be held responsible for damages of any kind resulting from force majeure, terrorist acts or threats, sudden floods, bad weather, storms, technical incidents, failure of one of its service providers and in general any other event of any kind that is beyond the control of LES BATEAUX LYONNAIS.
LES BATEAUX LYONNAIS declines all responsibility in case of theft or damage to clothing, hand luggage and other personal belongings of the passengers, and reserves the right to invoice the customer for any material damage caused to the boat and its equipment, by himself, and in general, by any person for whom he is responsible (accompanying minor, etc...).
LES BATEAUX LYONNAIS declines all responsibility in case of fall in the water by the customer, especially if he/she did not respect the instructions for the use of the openings/closings of the boarding access (terrace gate, main door) and the emergency doors.
LES BATEAUX LYONNAIS declines all responsibility in case of non-compliance by the customer with the present Special Conditions of Sale, and with the general and particular police regulations, without prejudice to the damages and interest that it may claim for the damages and prejudice that it may have suffered as a result of this non-compliance.
ARTICLE 10 - PROVIDER'S LIABILITY - WARRANTY
The Service Provider warrants, in accordance with the law and without additional payment, the Customer against any lack of conformity resulting from a failure to perform the Services.
In order to assert its rights, the Customer shall inform the Service Provider in writing of the existence of any lack of conformity as provided for in the section "Complaint" above.
After the Provider has determined the defect, the Provider's warranty is limited to the replacement of the Service by an equivalent Service or to the reimbursement of the Service actually paid by the Customer and the Provider shall not be held responsible or liable for any delay or non-performance resulting from the occurrence of a force majeure event usually recognized by the French jurisprudence
The Services provided through the website www.lesbateauxlyonnais.com of the Provider are in accordance with the regulations in force in France.
ARTICLE 11 - DATA PROCESSING AND FREEDOM
In application of the law 78-17 of January 6, 1978, it is reminded that the personal data which are requested from the Customer are necessary for the treatment of its order and the establishment of the invoices, in particular.
This data can be communicated to the possible partners of the Provider in charge of the execution, the treatment, the management and the payment of the orders.
The processing of information communicated through the website www.lesbateauxlyonnais.com has been declared to the CNIL.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him.
This right can be exercised under the conditions and according to the methods defined on the website www.lesbateauxlyonnais.com.
ARTICLE 12 - INTELLECTUAL PROPERTY
The content of the website www.lesbateauxlyonnais.com is the property of the Provider and its partners and is protected by French and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
In addition, the Service Provider retains all intellectual property rights on photographs, presentations, studies, drawings, advertising materials, etc., made for the provision of the Services to the Customer. The Customer shall not reproduce or use such materials without the express written consent of the Provider, which may be subject to a financial consideration.
ARTICLE 13 - APPLICABLE LAW AND JURISDICTION
The present General Conditions of Sale and the operations which result from them are governed and subjected to the French law.
Any dispute concerning the interpretation or execution of these General Terms and Conditions of Sale shall be submitted to the competent French courts.
Disputes arising between the Provider and its customers registered in the trade and companies register will be submitted to the Commercial Court of Lyon.
These Terms and Conditions of Sale are written in French.
In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
The Parties may also resort to conventional mediation in the event of a dispute.
ARTICLE 14 - INFORMATION PRÉCONTRACTUELLE - ACCEPTATION DU CLIENT
The Customer acting as a private individual, whether alone or in a group, acknowledges that he/she has been informed, prior to placing his/her order, in a legible and comprehensible manner, of the present General Terms and Conditions of Sale and of all the information and details referred to in articles L111-1 to L111-7 of the French Consumer Code, and in particular :
- The essential characteristics of the Service, taking into account the communication medium used;
- The price of the Services and related costs;
- In the absence of immediate execution of the contract, the date or the deadline by which the Service Provider undertakes to perform the Service;
- Information about the Provider's identity, postal, telephone and electronic contact details, and its activities, if not apparent from the context,
- The information relating to the legal and contractual guarantees and their implementation modalities;
- The functionalities of the digital content and, if necessary, its interoperability;
- The possibility of resorting to conventional mediation in the event of a dispute;
Information on the right of withdrawal, the modalities of cancellation and other important contractual conditions.