These conditions of sale are concluded on the one hand by the Sarl Ariege Evasion with a capital of 7,500.00 euros whose registered office is located: 2 chemin de Fontanet 09400 Ornolac Ussat les Bains, registered in the Trade and Foix Companies Register under the issue below 38242892800016 called Ariege Evasion and on the other hand, Morale wishing to make a purchase via the website www.ariege-evasion.com called below "the buyer".
Object
These conditions of sale aim to define the contractual relations between Ariege Evasion, the buyer and the conditions applicable to any purchase made through the merchant site www.ariege-evasion.com, whether the buyer is professional or not. The acquisition of a property or service through this site implies unreserved acceptance by the buyer of these conditions of sale.
These conditions of sale will prevail over any other general or specific conditions not expressly approved by Ariege Evasion. Ariege Evasion reserves that you can modify its conditions of sale at any time. In this case, the applicable conditions will be those in force on the date of the order by the buyer.
Characteristics of goods and services offered
The products and services offered are those which appear in the catalog published on the site of www.ariege-evasion.com. These products and services are offered within the limits of available stocks.
Modification / Cancellation
The reservation made online is valid for the reserved date and schedule It may be modified or canceled:
by the customer subject to the following conditions:
Whatever the reason (change of route, shuttle schedule, number of people, date, boat, etc.) The requested modification must be sent to us by e-mail: contact@ariege-evasion.com; no later than 48 hours before the departure mentioned on the reservation and can only be effective within the limits of the available places.
The modification will be systematically confirmed by e-mail to the customer, only the reception of this email will release it from its previous reservation.
If this modification leads to a price supplement, the difference will be to be paid to our welcome before departure.
If the modification results in a price reduction or a total reimbursement, the amount may only during the year of the purchase:
- be reimbursed minor fees of 8 euros
- Be the subject of a valid for the current season, valid on all of our services (refreshments, rentals, activities, etc.)
by the provider:
If for reasons of: security, flood, weather conditions ... or other the service provider is forced to cancel the service, he will inform the Customer as soon as possible and will proceed to the full reimbursement.
Prices
The prices on the website www.ariege-evasion.com are tax prices by euros taking into account the VAT applicable on the day of the order; Any change in the rate can be reflected in the price of products or services. Ariège Evasion reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only one applicable to the buyer. The prices indicated include file processing costs.
Orders
The buyer, who wishes to buy a product or service must:
- fill out the online form by giving all the indications of the products or services chosen;
- Fill in the identification sheet on which he will indicate all the contact details requested;
- read these conditions of sale;
- Validate his order after having checked it;
- Make payment. The latter worth order confirmation?
The confirmation of the order results in acceptance of these conditions of sale as well as the specific rental conditions below, the recognition of having perfect knowledge and the renunciation of claiming its own purchase conditions or other conditions. All the data provided and the registered confirmation will be proof of the transaction. The confirmation will be worth signature and acceptance of the operations carried out. The seller will communicate by email confirmation of the registered order.
Payments
The price is payable to order. Payments will be made by bank card; They will be carried out through the secure system [to be defined according to the bank] which uses the SSL (Secure Socket Layer) protocol in such a way that the information transmitted is encrypted by software and that no third party can take note of it during transport on the network.
The buyer's account will be debited as soon as the order is validated.
Deliveries
Deliveries are made by internet via the e-mail address indicated in the order form. It will be either an order confirmation or a gift voucher to print and present on the day of the activity.
Responsibility
The seller, in the online sales process, is only held by an obligation of means; Its responsibility cannot be engaged for damage resulting from the use of the Internet network such as data loss, intrusion, virus, breakdown of the service, or other involuntary problems.
Withdrawal
You are informed that, in application of article L. 121-20-4 of the consumer code, all the services offered is not subject to the application of the right of withdrawal provided for in articles L. 121-20 and following of the consumer code in terms of distance selling.
Consequently, the services ordered on the site are exclusively subject to the cancellation and modification conditions provided for in these General Conditions. In the event of cancellation of the service, Ariege Evasion reserves the right to reimburse the consumer from all the sums paid, within 30 days at the latest following the date of withdrawal.
Personal data
In accordance with the law relating to data processing, files and freedoms of January 6, 1978, users have the right to access and rectify data concerning them.
The data entered (with the exception of banking data) is stored on our external server at OVH and on Ariège Evasion computers. They are used to process your order, archiving and information. These data will not be sold to third parties. They can be destroyed at simple request, once your order has been carried out or canceled.
Banking information does not pass through our site and is directly processed by [not defined at this moment] which informs us only of the validity of the transaction.
Dispute resolution
These online conditions of sale are subject to French law. In the event of a dispute, jurisdiction is assigned to the Foixcourt, notwithstanding plurality of defendants or warranty call.
Special conditions of the rental contract
FNPLCK - National Professional Federation of Canoë Kayak Rentals - April 2011
I - Designation of the parties to the contract
A - The lessor
SARL Ariege Evasion 2 chemin de Fontanet 09400 Ornolac Ussat les Bains RCS Foix
B - The tenant
The tenant is the adult who signs the rental contract. The tenant cannot be a minor. The tenant undertakes for himself and for the people he authorizes to use the equipment he has rented: to read, accept and respect these special rental conditions;
Informing the people he authorizes to use the equipment he has rented, these special rental conditions, and to make them respected. as well as the directives mentioned on the sites and/or transmitted by the staff
II - Prerequisites for the contract
A - The age of the tenant and navigators
Rental by any minor is prohibited. The navigation of any minor of 12 years, only is prohibited, any minor of 12 years must be accompanied on water by an adult. Navigation with a child under the age of 7 is prohibited. The tenant remains responsible for the people he authorizes to use the equipment he rented. Pets are strongly advised not to practice activities.
B - The capacities required for navigation
Navigation is prohibited for people who do not know how to swim at least 25 meters and immerse themselves. Adjers or legal representatives for minors attest to their ability to swim at least 25 meters and immerse themselves. The legal representatives of minors are the only fathers, mothers or tutors. When the minor is not accompanied by one of these legal representatives, any tenant who wishes to navigate with minors presents, for the latter, either a certificate of the legal representative, or a certificate of qualified authority, attesting to these capacities.
The tenant declares and attests by signing the rental contract that himself and the people he authorizes to use the equipment he rented knows how to swim at least 25 meters and immerse himself and have the knowledge, the technical capacities and the experience necessary to carry out the envisaged nautical course (conf. Display of rivers classes).
The tenant is in good physical condition and does not present any indication for the practice of activity.
C - Civil liability insurance
The rental company is provided by a police force guaranteeing their civil liability (display). The tenant declares and attests by signing the contract that he himself and the people he
Authorizes to use the equipment he praised are provided by a font guaranteeing his civil liability.
III - Object of the contract
These general conditions define the rights and obligations of the parties as part of the remote reservation of services offered by our establishment whose contact details are specified in this reservation confirmation document. They govern all the stages necessary for booking and monitoring the reservation between the contracting parties. The Customer acknowledges having read and accepted these general conditions of sale and the conditions of sale of the reserved rate accessible on our reservation platform. These general conditions of sale apply to all reservations concluded by internet, via our reservation platform.
A - The equipment
a) Designation
The rental company makes available to the tenant, according to what is specified in the contract (nature and quantity): boats: canoe (s), kayak (s), individual protective equipment: aid (s) at buoyability, helmet (s); Navigation accessories: paddles, combination (s), can (s) to contain the personal affairs of the tenant during navigation.
All of the equipment made available to the tenant are in perfect condition of operation and maintenance, in accordance with its destination and the applicable regulations. The rental company provides the tenant with the information and instructions for using the rented equipment.
The special conditions for using the rented equipment
The rental contract transfers custody of all the equipment rented to the tenant for the duration of the rental. The rental begins at the time of taking possession of the equipment by the tenant and ends at the time of the delivery of this equipment by the tenant to the rental company.
The lessor cannot be held responsible for the damage caused to the tenant, to the people whom the latter authorized to use the equipment rented by him, to third parties, to the property of the tenant and to those of the said persons, due to a non -compliant use of the equipment rented by the tenant or the said persons.
b) Special obligations of the tenant relating to the rented equipment
The wearing of (s) (s) with buoyancy (s) for the duration of navigation is compulsory.
The lessor is not responsible for the use of the rented equipment, including navigation, closure, attachment and surveillance of bags and cans intended to receive the personal effects of the tenant and those who sail with him. The tenant remains entirely responsible for all the goods carried away by himself and the people he authorizes to use the equipment he has rented. The lessor cannot be held responsible for losses, thefts or breakages of all good tenants and people who sail with him, intervened during the realization of the nautical route.
B - The nautical course
a) Information on the nautical course and the navigation conditions
The rental company offers a range of nautical routes. It indicates for each of these courses the mileage, the average duration of navigation (excluding possible stop times), the navigation class, the place of start and end of the route, the applicable regulations (navigation, traffic, environment), the difficulties and dangers of the nautical routes that it offers (display). In the event of unfavorable weather or hydrological conditions, the rental company may refuse the rental, subject to the reimbursement of the deposits paid alone.
The information given by the rental company is indicative and do not exclude research by the tenant of any additional information which seems to him necessary.
b) The choice of nautical route
The tenant freely chooses the course that suits him and suitable for people he authorizes to use the equipment he has rented. The route chosen by the tenant is specified in the rental contract.
The tenant declares and attests that he authorized to use the equipment he rented has informed of the regulations, difficulties and dangers of the course they have chosen to carry out.
c) the special obligations of the tenant relating to the realization of the nautical route
The rental company informs the tenant of regulations and signaling applicable to nautical routes, navigation classes, terrestrial routes from the course, hydrological and meteorological data, conditions for crossing works established on the watercourse when there are such work and emergency call number (postings). The rental company gives the tenant the card of the course and the emergency call number that the tenant retains throughout the duration of navigation.
Wearing closed shoes is compulsory.
The abandonment of any material on the course is prohibited. The loss or breakage of the equipment gives rise to additional invoicing. The tenant undertakes not to deposit or leave any waste on the courses and to bring them back to the lessor at the end of navigation for sorting and elimination in the containers indicated by the lessor.
Except in cases of force majeure, the penetration, stopping and parking on the private plots bordering the watercourse whose access is prohibited by the owner (signaling/fences/oral indications) are prohibited, under penalty of seeing the contractual, civil or criminal responsibility of the tenant. The degradation of any public or private good (plots, tracks, works, signaling, etc.) is prohibited, under penalty of seeing the contractual, civil or criminal responsibility of the tenant engage.
The tenant undertakes to be courteous and to respect residents, fishermen, bathers and other users of the river.
The realization of the nautical route is carried out under the responsibility of the tenant who acknowledges having been informed of the specific conditions for carrying out this route.
IV - related or complementary services
The rental contract includes, in a related manner, a transport service (as the case may be: driving at the boarding location or resumption at the landing location). When the tenant does not wish to benefit from this related service, he specifies it on the contract.
V - Prices and payment of services
The prices of each service are specified in the contract. The price includes, for each route proposed by the lessor and by person, the equipment necessary for navigation and transport service. The tenant undertakes to pay the amount or balance of all services before taking possession of this equipment.
The tenant undertakes to pay the lessor the amount of the lost and/or deteriorated equipment, depending on the prices displayed at the reception.
The services or sales due can be paid by check, CB, species, vacation check.
In the event of unfavorable weather or hydrological conditions of which he is the only judge, the lessor can refuse the rental, subject solely to the reimbursement of the deposits paid.
The customer chooses the services presented on our reservation platform. He acknowledges having read the nature, the destination and the procedures for booking the services available on our reservation platform and having requested and obtained necessary and/or additional information to make its reservation in perfect knowledge of the facts. The Customer is solely responsible for his choice of services and their adequacy to his needs, so that our responsibility cannot be sought in this regard. The reservation is deemed to be accepted by the customer after the reservation process.
VI - Reservation process
The reservations made by the customer are made through the dematerialized reservation voucher accessible online on our reservation platform. The reservation is deemed to be formed upon receipt of the reservation voucher. The Customer undertakes, prior to any reservation, to complete the information requested on the right or the Reservation request. The customer attests to the veracity and accuracy of the information transmitted. After the definitive choice of services to be reserved, the reservation procedure includes in particular the entry of the bank card in order to prepare, consultation and acceptance of the general conditions of sale and the conditions of sale of the price reserved before the validation of the reservation and, finally, the validation of the reservation by the Customer.
VII - Cancellation or modification because of the customer
It is recalled to the Customer, in accordance with article L. 121-21-8 12 ° of the consumer code, that it does not have the right of withdrawal provided for in article L. 121-21 of the consumer code. The conditions of sale of the reserved rate specify the terms of cancellation and/or modification of the reservation. Reservations with preparation may not be subject to any modification and/ or cancellation. The sums paid in advance that the deposit will not be the subject of any refund. In this case, it is mentioned in the conditions of sale of the price. Any reservation is nominative and can in no case be assigned to a third party, whether free of charge or for a single basis.
Our reservation platform acknowledges receipt of the customer's reservation by sending an email without delay. In the case of online booking, the acknowledgment of receiving the reservation by email summarizes the contract offer, reserved services, prices, conditions of sale relating to the selected rate, accepted by the Customer, the date of reservation made, the information relating to the after-sales service, as well as the address of the seller's establishment to which the Customer may submit its complaints.
VIII - Consumption of the service
Pursuant to the regulations in force in certain countries, the Customer may be asked on arrival to fill in a police sheet. To do this, the Customer will be asked to present an identity document to check whether or not he has to complete the police sheet. Any behavior contrary to good mores and public order will bring the establishment to ask the customer to leave the establishment without any compensation and or without any refund if a payment has already been made. Our establishment with internal regulations, the Customer accepts and undertakes to comply with said regulation. In the event of non-compliance by the Customer of one of the provisions of the internal regulations, the establishment will be obliged to invite the customer to leave the establishment without any compensation and or without any refund if a payment has already been made.
IX - Responsibility
The photographs presented on our reservation platform are not contractual. Even if all the best efforts are made so that the photographs, graphic representations and the texts reproduced to illustrate the establishments presented give an overview as exact as possible of the services offered, variations can occur between the time of reservation and the day of consumption of the service. The establishment cannot be held responsible for the non -performance or poor execution of the reservation in the event of force majeure, due to the third party, due to the customer, in particular the unavailability of the Internet, impossibility of access to the website, external intrusion, computer viruses or in case of prepayment not authorized by the banner's bank. Any reservation or payment which would be irregular, ineffective, incomplete or fraudulent for a reason attributable to the Customer will result in the cancellation of the order at the cost of the Customer, without prejudice to any civil or criminal action against the latter.
X - Complaints
Complaints relating to the non -performance or poor execution of the reserved services must, under penalty of foreclosure, be brought to our knowledge in writing within eight days after the date of departure of the establishment.
XI - Respect for privacy
The Customer is informed, on each of the personal data collection forms, of the compulsory or optional nature of responses by the presence of an asterisk.
XII - Proof agreement
The entry of the required banking information, as well as the acceptance of these general conditions and the good or the request for reservation, constitutes an electronic signature which has, between the parties, the same value as a handwritten signature. The computerized registers kept in IT systems will be kept under reasonable security conditions and considered as proof of communications, orders and payments between the parties. The customer is informed that his IP address is recorded at the time of booking.
XIII - force majeure
The force majeure means any event outside the parties with a character that is both unpredictable and insurmountable which prevents either the customer or the establishment from ensuring all or part of the obligations provided for in the contract. Are considered as force majeure or fortuitous cases those usually recognized by the case law of French courses and courts. Each party cannot be held responsible for the other party in the event of non -performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the execution of their reciprocal obligations and that each party supports the charge of the costs which result from it.
XIV - Integrality
These general conditions of sale, the conditions of sale of the price reserved by the customer, and the good or the reservation request express all the obligations of the parties. No general or specific condition communicated by the Customer may be integrated into these General Conditions. The documents forming the contractual commitments between the parties are, in order of decreasing priority, the good or the request for reservation (including the specific conditions of the reserved price) and these general conditions. In the event of a contradiction between the reservation voucher and the general conditions, the provisions appearing in the reservation voucher will be the only applicable for the obligation in question. These general conditions of sale by internet may be modified at any time and/or supplemented by the establishment. In this case, the new version of the General Conditions of Sale by Internet will be put online by the establishment. As soon as it is put online on the Internet, the new version of the General Conditions of Internet sales will automatically apply for all customers.
