General conditions of sale

Article 1 – Preamble

Article 1.1. Vendor Designation

EI GERODOU Benjamin – PERIGORD LOCATIONS SERVICES
Head office : Barrière 24250 GROLEJAC
Siret : 843 846 825 00019
Phone : 06.20.50.19.45
Email : perigordlocationsservices@gmail.com
Legal representative : M. Benjamin GERODOU
Hereinafter referred to as “the Lessor”

Article 1.2. Definitions

The purpose of these general terms and conditions is to define the rights and obligations of the parties in the context of the rental of canoes-kayaks by the Lessor for any person having the legal capacity to contract (hereinafter referred to as the Customer(s) »), whether it is a
consumer or professional within the meaning of the French Consumer Code.

Article 1.2. Purpose

Customer : natural or legal person who contracts with the Lessor within the framework of these general terms and conditions of sale. The Customer must be over 18 years of age and have the legal capacity to contract.
Group : a group of ten or more persons, 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 rental with equipment and services affiliated

Article 2 – Content and Scope

These general terms and conditions of sale apply by right to all services sold or offered for sale by the Lessor. They apply to sales through all distribution and marketing channels.
Any order or purchase implies the unreserved adherence to these general terms and conditions of sale which prevail over all other conditions, except those that have been expressly accepted by the Lessor and appear on the reservation contract/quote signed.
The Customer declares that he has read these general terms and conditions of sale and accepted them before his reservation and the conclusion of the contract/quote signed.

Article 3 – Pre-contractual information

The Customer acknowledges having been notified, prior to placing his order and/or concluding the contract/quotation signed, in a legible and understandable manner, of these general terms and conditions of sale and all the information listed in article L. 221-5 of the consumer code when he is a consumer.

Article 4 – Price

Article 4.1. Final price and additional taxes

The rental price is announced in euros, all taxes included (TTC) per person (or according to the specifications of the offer proposed). It can be expressed as a flat rate for groups. It may be calculated based on the number of participants.
The price includes the elements indicated in the signed quote/contract.
Unless otherwise stated in the description of the service and the contract/quotation, the price does not include transport to the place of the Service, accommodation and accommodation expenses, meals and drinks, expenses to be paid on site, as well as any service or provision not expressly mentioned in the description of the Service.

Article 4.2. Payment terms

The Customer has several means of payment : by credit card, bank transfer, holiday vouchers, bank cheques or cash.

Article 5 – Leased equipment

Equipment leased (hereinafter referred to as “Equipment”) includes what is indicated in the description of services.
For day descents, a canoe or kayak, a single or double paddle per person, a life jacket per person, a container per boat whose waterproofness is not guaranteed.
For the canoeing hike, one container per person, a waterproof bag, a padlock, a river navigation map and camping equipment (tent, foam mattress, cooking kit, gas stove, table lamp and canteen) can be added to the list above.

Article 6 – Security deposit

The Lessor may request a deposit at the time of booking, the amount of which is indicated on the quote and on the description.

This deposit may be retained in part or in full in case of damage to the Equipment when it was under the responsibility of the Customer (without prejudice to the possibility of claiming additional compensation, corresponding to the total amount of damage actually suffered).

Article 7 – Use of leased equipment

The rental confirmation transfers custody of the rented Equipment to the Customer for the duration of the rental. Rental begins at the time of delivery of the Equipment by the Lessor and ends at the time of return of the Equipment 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 delivered by the Lessor.
In the event of damage to the Equipment, the Customer undertakes to reimburse all damages. For your information, the basis of pricing for leased Equipment is as follows :

Article 8 – Obligations

Article 8.1. Obligations of the Lessor

In application of the regulations, the Lessor is subject to restrictions on navigation on the river Dordogne. For the section between Cazoulès and the municipality of Alles-sur-Dordogne, the Lessor may cancel any service if
the water level on the limnimetric scale of the Cénac bridge is equal to or greater than 1.50 m for free navigation. Depending on the maximum permitted flows, the Lessor may cancel any service if the river water level is too high :
Sector between Argentat-sur-Dordogne and Puybrun > max. 90 m3/s
Sector between Puybrun and Cazoulès > max. 150 m3/s
Sector between Cazoulès and Limeuil > max. 240 m3/s

Article 8.2. Obligations of the Customer

The Customer undertakes for himself and for all the participants he represents :
Not to sail with a child under 5 years old
Each participant can swim 25 meters and be able to dive
Children aged 5 to 12 years old must be accompanied or supervised by an adult
Ensure that each participant wears a life jacket and closed shoes throughout the navigation period
To return in their original state to the Lessor all the rented Equipment subject to this service
To have subscribed a contract of civil liability in private life valid on the day of the service
Not to have any physical or mental contraindication to the practice of the activity
To refrain from wearing boots, abandoning boating equipment and rubbish on the course and entering private property along the course for which access is not expressly permitted
hat all participants grant an assignment of the right to the image in accordance with the following article.
And more generally to comply with the safety and navigation instructions set out in article 8, given on site by the Lessor or its teams.

Article 9 – Assignment of rights

The Lessor may be required to take photographs or videos on which the Customer may appear. By accepting the terms and conditions of sale, the Customer unreservedly authorizes the Lessor to capture his image and to dispose of photographs and other images taken by him during
the execution of the Service.

Article 10 – Booking

Online sales : the Customer selects the desired services and puts them in his cart. He then confirms his wish to book, accepts these general conditions of sale and proceeds to the online payment. The Customer receives a confirmation email.
Sales at the counter : the Customer shows up on site and indicates to the Lessor the services he wishes to purchase. He acknowledges and accepts these general terms of sale, then proceeds to the payment.
Distance sale : The Customer can book remotely, by email or by phone.
By email : the Customer indicates to the Lessor the services desired and the Lessor sends a detailed quote with these general conditions of sale. The Customer returns by email or by mail the signed quote after having read and accepted these general terms of sale,
as well as the down payment or full payment of the service, as applicable. The Lessor sends a booking confirmation email once payment has been received and cashed.
By phone : the Customer reserves the services, then proceeds to pay for the reservation at the counter.
In case of a booking by a Group, the final number of participants must be communicated to the Lessor at least 7 days before the start of the Service.

Article 11 – No right of withdrawal

The Lessor makes use of this absence 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 have no right of withdrawal.

Article 12 – Security

The Customer accepts and undertakes to respect, for himself and all participants for whom he reserves, the Safety Charter.
Minors under the age of 18 who are not accompanied by an adult (legal guardian) cannot rent equipment. They remain under the responsibility of their parents or legal guardians who attest to their ability to swim at least 25 meters and be able to dive.
The practice of canoeing is open to all from 5 years old, under conditions that the child can swim at least 25 meters, immerse and be comfortable in the water.
The Lessor cannot verify the participants' level of sports practice, nor their physical or medical condition. The Customer undertakes that all participants have the capacity to perform the service.
Participants agree not to be the subject of a medical contraindication to the practice of the service. The Services are not recommended for pregnant women. If a participant is not subject to a medical contraindication but is dependent on special medical care or treatment, or that his or her state of health requires particular attention, he or she must provide the appropriate emergency medication, according to medical advice and consult your doctor.
The Customer who made the reservation will be solely responsible, and undertakes that the participants constituting the crew have the physical and mental prerequisites necessary for the practice of canoeing.
The Customer and the participants undertake to comply with the safety and navigation instructions given by the Lessor team during the security briefing before the start of the service.
The Customer and the participants also agree not to perform the services under the influence of alcohol or drugs or any other substance that may impair their judgment.
The Lessor reserves the right to refuse any person who does not comply with the instructions and who could endanger his safety and that of others. This refusal will not give rise to any refund.
The Lessor also reserves the right to exclude a participant whose behaviour is likely to disturb the smooth running of the activity or to compromise the safety or tranquility of other participants. In this case, the customer or participant will not be entitled to any refund or compensation.

Article 13 – Liability

The Lessor is insured in Professional Civil Liability for the services sold.
Each participant must be covered by a liability insurance, and preferably an individual accident, with the insurance of their choice for the practice of whitewater sports.
In the case of a rental not supervised by an instructor, the Customer undertakes 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 own responsibility and at their
risk and peril, the Lessor is not responsible.
The Customer confirms that he is aware of the risks inherent in the practice: remoteness, isolation, specific characteristics of aquatic environments.
The Lessor is not responsible for loss, theft (including in vehicles) or breakage of objects (eg: glasses, mobile phone, camera, identity documents...) that the participants could take with them during the service and be able to support themselves during the service.
Mobile phones, cameras and all equipment and objects that are water-resistant must be protected by an appropriate waterproof cover provided by the participant. The Lessor does not guarantee the tightness of the container and cannot be held responsible if the contents of the can must take water
and be damaged.
In the event of theft or damage to the loaned equipment, the participant/customer may be required to pay for wear and tear or full reimbursement of the equipment.

Article 14 – Contract amendment

Any service shortened or not consumed due to the Customer, or started late due to the Customer will not give right to any refund.
The Lessor is committed to the Customer only on the services sold. Any modification must be accepted in writing and expressly by the Lessor. The modification may be subject to a price
additional, which will be announced to the Customer before proceeding with it.
In the case of a reservation by a Group, if the latter is less than the number of participants at the time of the Confirmation of the number of participants, the entire price of the group initially planned will remain applicable. In the event that the Group presents itself in larger numbers, the Lessor is entitled to
to accept or reject unscheduled participants. If the customers refuse to reduce the size of their group to the size agreed upon at the time of the confirmation of the number of participants, the Lessor may refuse to perform the service and the contract will be broken to the exclusive fault of the Customer, without any refund being made, and the entire price will have to be paid.

Article 15 – Termination of the contract

Article 15.1. Termination of the contract by the Customer

The Customer has the possibility to terminate the contract at any time, before the start of the service. In order for this termination to be valid, he must inform the Lessor by email or mail.
The Lessor in this case asks the Customer to pay cancellation fees and may withhold all or part of the installments or balance already paid, according to the following schedule :
Cancellation 30 days before the service : 100% refunded
Cancellation 15 days before the service : 80% refunded
Cancellation 7 days before the service : 50% refunded
Cancellation 48 hours before the service : 20% refunded
Cancellation less than 48 hours before the service : 0% refunded
In the case of a Group booking, cancellation by one or more members will not be refunded once the number of participants has been confirmed.
Where the cancellation by the Customer results from a case of force majeure, however, no termination fees will 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 possibility to terminate the contract at any time, before the start of the service. A deferral or credit will be offered to the Customer. In case of refusal, the Customer will be refunded.
The Customer will not be entitled to any additional compensation when the cancellation results from an impossibility to carry out the service in optimal conditions of safety (adverse weather circumstances for example) or in the event of force majeure.

Article 16 – Protection of personal data

Use of the data collected in order to ensure contract management and customer follow-up over the rental period.

Article 17 – Insurance

The Lessor has a professional liability insurance covering their activity.
The Customer undertakes to hold and be up to date with its civil liability insurance to cover any damage it may cause.

Article 18 – Dispute resolution

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.

Article 18.2. Mediation

In accordance with Articles L.616-1 and R.616-1 of the Consumer Code, the Lessor has put in place a mechanism for mediation of consumption.
The mediation entity selected is : SAS CNPM MÉDIATION-CONSOMMATION
In the event of a dispute, the consumer may file his claim on the site :
http://cnpm-mediation-consommation.eu or by post to CNPM – MÉDIATION – CONSOMMATION 27 Avenue de la Libération 42200 SAINT-CHAMOND.