Terms and Conditions
These T&Cs have been translated to English for the user's comfort. However, only the french version of this text has a legal value.
ARTICLE 1 - SCOPE OF APPLICATION
These General Terms and Conditions of Sale apply to the following services, hereinafter referred to as the Services or the Service: cruises.
These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of Services offered by Les Croisières de Brantôme ('THE PROVIDER') to non-professional and professional customers ('THE CUSTOMER').
The main characteristics of the Services (content, prices, duration, location, etc.) are presented on the "https://www.brantomecroisieres.com/" website. Likewise, for all specific terms and conditions relating in particular to booking, payment, cancellation, confirmation, etc., THE CUSTOMER must refer to these General Terms and Conditions of Sale.
THE CUSTOMER is obliged to read these General Terms and Conditions of Sale before placing any order. The choice and purchase of a Service is the sole responsibility of THE CUSTOMER.
The contact details for THE SERVICE SUPPLIER are as follows:
Company name: SARL Brantôme Croisières
RCS : 791 534 902 R.C.S. Périgueux
Company name: Les Croisières de Brantôme
Amount of share capital: €5,000
Registered office: Tour des Gardes, Avenue Pierre de Bourdeille - 24310 Brantôme en Périgord Email address: contact@brantomecroisieres.com
Customer services telephone number: 05 53 04 74 71 - 06 29 77 98 97
These General Terms and Conditions of Sale are accessible at all times on the website and shall prevail, where applicable, over any other version or any other contradictory document.
In the absence of proof to the contrary, the data recorded in the Service Provider's computer system constitutes proof of all transactions concluded with THE CUSTOMER.
In accordance with the French Data Protection Act of 6 January 1978, THE CUSTOMER has the right to access, rectify and object to all of his/her personal data at any time by writing, by post and providing proof of his/her identity, to the Provider's address given above.
As these General Terms and Conditions of Sale may be subject to subsequent amendment, the version applicable to the purchase of the service by THE CUSTOMER is that in force on the website on the date the order is placed.
Amendments to these General Terms and Conditions of Sale are enforceable against THE CUSTOMER from the time they are posted online on the "https://www.brantomecroiseres.com/" website and cannot be applied to transactions concluded previously.
Validation of the order for Services by THE CUSTOMER implies unreserved acceptance of these General Terms and Conditions of Sale.
THE CUSTOMER acknowledges that he/she has the capacity required to contract and purchase the Services offered on the "https://www.brantomecroisieres.com/" website.
ARTICLE 2 - ORDERS
THE CUSTOMER is informed that if there are fewer than 8 passengers on the excursion cruises, THE PROVIDER reserves the right to cancel the cruises.
Customers with reduced mobility are invited to contact THE PROVIDER at the time of booking to find out about the accessibility of the boat and the presentation time before boarding. It is specified that access to the boat is via a footbridge, the angle of which may vary according to the level of the river, and then at the entrance to the boat via a staircase with three steps. THE SERVICE SUPPLIER will make every effort to facilitate access for people with reduced mobility but cannot guarantee wheelchair access.
2.1 Ordering via the Internet.
THE CUSTOMER selects the Services he wishes to order on the site,
THE CUSTOMER is informed of the different steps to follow to confirm his/her order, and of the technical means available to him/her, prior to order confirmation, to identify and correct any errors in data entry.
THE CUSTOMER has the opportunity, before confirming his order, to check the details and the total price and to correct any errors in his order.
Once the order has been completed, THE SERVICE SUPPLIER will acknowledge receipt, without undue delay, by electronic means (e-mail, printable page on the site, etc.).
It is up to THE CUSTOMER to check the accuracy of the order and to report any errors immediately. The sale of Services will only be considered definitive once THE SERVICE SUPPLIER has sent THE CUSTOMER confirmation of acceptance of the order by e-mail - and once the stipulated payments have been received in full.
Any order placed on the "https://www.brantomecroisieres.com/" website constitutes the formation of a contract concluded remotely between THE CUSTOMER and THE SERVICE SUPPLIER.
2.2 Ordering by telephone and over the counter.
THE CUSTOMER indicates the services he wishes to order.
THE CUSTOMER is then informed of the various steps to follow and reads the general terms and conditions of sale before confirming his order.
The sale of services will only be considered definitive once confirmation of acceptance of the order by THE SERVICE SUPPLIER has been given or sent to the customer by post or e-mail - and once all the stipulated payments have been received.
THE CUSTOMER may pay by bank transfer, cash or cheques, holiday vouchers at the counter, in return for which the CUSTOMER will be given a ticket for boarding. You can also make a remote purchase by giving the sales department your bank card number, or by sending payment by post at least 10 working days before the date of booking.
ARTICLE 3 - PRICES AND BOOKING CONDITIONS
3.1 Tariffs.
The Services offered by THE SERVICE SUPPLIER are provided at the current prices shown on the "https://www.brantomecroisieres.com/" website on the date of the final confirmation of the order by THE CUSTOMER. Prices are expressed in Euros and include VAT.
Prices may be revised at any time without notice. The prices invoiced are those in force on the day of booking. They are subject to the VAT rates in force on the day of the service. Any new taxes or charges that may be introduced, or any change to current charges or taxes, will automatically lead to a readjustment of prices.
An invoice for an amount greater than €25 is drawn up by THE SERVICE SUPPLIER and given or sent to the Customer on request when the ordered Services are provided.
3.2 Booking conditions.
For group bookings of more than 10 people, the exact number of participants must be confirmed by e-mail or telephone no later than 3 working days before the date of the service. Within this period of more than 72 hours (seventy-two) before the date of the service, THE CUSTOMER has the option of reducing the number of participants indicated at the time of the initial reservation by up to 10% or increasing it subject to availability. In the absence of confirmation of the number of participants within this period, THE SERVICE SUPPLIER will invoice the service on the basis of the number of participants indicated on the initial reservation.
Any unscheduled services or overtime will be invoiced at the end of the service.
ARTICLE 4 - TERMS OF PAYMENT
THE SERVICE SUPPLIER accepts interbank transfers, cash payments in euros, cheques drawn exclusively on a bank branch domiciled in France, and holiday vouchers. Services may also be provided in exchange for a voucher issued by a company that must be approved by THE SERVICE SUPPLIER.
Payments made by THE CLIENT will only be considered final once the sums due to THE SERVICE SUPPLIER have been effectively collected.
In the event of late payment and payment of the sums due by THE CLIENT beyond the deadline set out in the Special Terms and Conditions, and by virtue of the legal provisions, THE SERVICE SUPPLIER may decide ipso jure and without further formality to apply late payment interest which will be 3
times the legal interest rate. This interest will run from the date initially scheduled for payment until full payment. A fixed indemnity for collection costs of €40 will also be applied. Late payment will result in all sums owed by THE CUSTOMER becoming immediately payable, without prejudice to any other action that THE SERVICE SUPPLIER may be entitled to take against THE CUSTOMER in this respect.
In addition, THE SERVICE SUPPLIER reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of the Services ordered by THE CUSTOMER and/or to suspend the performance of its obligations.
The CLIENT may not be billed for any additional costs in excess of those borne by THE SERVICE SUPPLIER for the use of a means of payment.
ARTICLE 5 - PROVISION OF SERVICES
5.1 Cancellation by THE CUSTOMER.
The services offered by THE SERVICE SUPPLIER are not subject to the application of any right of withdrawal and in particular are not subject to the right of withdrawal provided for in articles L. 121-21 et seq. of the French Consumer Code with regard to distance selling, in application of article L121-21-8 of the French Consumer Code.
However, in the event of cancellation by THE CLIENT, THE SERVICE SUPPLIER will apply the conditions defined below.
- For any cancellation made less than 72 working hours before the scheduled date, the price of the reservation will be cashed in full by THE SERVICE SUPPLIER and will not give rise to any compensation.
- However, if this cancellation is made up to 72 working hours before the scheduled date of the service, THE CLIENT will not be reimbursed by THE SERVICE SUPPLIER.
5.2 Cancellation by THE SERVICE SUPPLIER.
In the event of it being impossible to carry out all or part of the Service after the order has been placed on the agreed date, THE SERVICE SUPPLIER will inform THE CUSTOMER by email, telephone, SMS or post as soon as possible in order to find out its decision as to whether or not to continue with this order.
For the "individual" CUSTOMER, if the order is not maintained in the above case, he/she will be entitled, as far as possible, to a replacement by a Service equivalent to the Service not provided and, failing this, to a refund. The reimbursement will be made by the means of payment used by THE CUSTOMER to pay for his/her order, unless an exemption has been accepted by THE CUSTOMER, and at the latest within 30 days of the payment being made by THE CUSTOMER (article L121-20-3 of the French Consumer Code). Apart from the refund of its order to THE CUSTOMER, no other compensation of any kind whatsoever will be due by THE SERVICE SUPPLIER in the event that the Service is unavailable.
The Service Provider's guarantee is limited to reimbursement of the Services actually paid for by THE CUSTOMER.
THE CUSTOMER may under no circumstances claim payment of any expenses, indemnities or damages that may be claimed in this respect and shall be responsible for organising the event at another venue.
THE SERVICE SUPPLIER may not be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure as usually recognised by French case law,
ARTICLE 6 - RESERVATIONS AND COMPLAINTS
In the absence of reservations or complaints expressly made by THE CUSTOMER upon receipt of the Services, the latter shall be deemed to comply with the order, in terms of quantity and quality.
Complaints of a commercial nature or relating to the quality of the services provided must be sent by registered letter with acknowledgement of receipt to the company SARL Brantôme Croisières - Tour des Gardes - Avenue Pierre de Bourdeille - 24310 BRANTOME EN PERIGORD, at the latest within 15 days of the date of the service provided. Complaints will only be accepted insofar as the difficulties to which they relate have been pointed out on the spot in order to enable them to be remedied and to limit the prejudice that the CLIENT may claim. Complaints will be examined with the utmost care and THE SERVICE SUPPLIER will endeavour to provide an appropriate response.
No claim will be validly accepted if these formalities and deadlines are not complied with by THE CUSTOMER.
THE SERVICE SUPPLIER will reimburse THE CUSTOMER or rectify the service (as far as possible) as soon as possible and at its own expense, in accordance with the appropriate terms and conditions agreed by THE CUSTOMER, for the Services whose lack of conformity has been duly proven by THE CUSTOMER.
ARTICLE 7 - RIGHTS AND OBLIGATIONS
7.1 The SERVICE SUPPLIER's rights and obligations.
THE PROVIDER undertakes to use the appropriate means to ensure that the cruises run smoothly under the conditions set out in the booking and declares that it has taken out the insurance necessary for the performance of its activities.
As the cruises are subject to the rules applicable to inland navigation, THE PROVIDER reserves the right to modify, without prior notice or compensation, its cruises (particularly with regard to the itinerary, duration, timetables, boat, etc.) or to cancel them at any time, including on the day of departure, in application of the aforementioned rules or in the event of, in particular, and without this list being limitative, force majeure, terrorist acts or threats, sudden flooding, flooding, bad weather, storms, instructions given by the authorities, mechanical incidents and, in general, any event likely to jeopardise the safety of the persons and goods transported.
In the event of cancellation or modification, THE SERVICE SUPPLIER will make its best efforts to offer alternative solutions.
7.2 Rights and obligations of THE CUSTOMER
No later than 15 minutes before the scheduled departure time, THE CUSTOMER must arrive at the boat's embarkation point.
If THE CUSTOMER does not show up, or arrives 10 minutes before the departure of the boat, for whatever reason, he/she will not be entitled to his/her place on board, nor will he/she be entitled to any reimbursement or compensation if he/she had purchased his/her ticket in advance.
THE PROVIDER reserves the right to refuse boarding to passengers whose behaviour (e.g. drunkenness) is such as to disturb the smooth running of the cruise. Furthermore, no animals or equipment will be allowed on the boat that could be dangerous for the staff or passengers.
From the moment they are invited to embark, each passenger must comply strictly with the instructions and safety instructions given by the boat's staff and must look after their own safety and that of any persons in their care and/or property (clothing, luggage and other personal effects) of which they are the owner, keeper or guardian; in particular, each passenger must refrain from entering any unauthorised areas of the boat, in particular the engine room and the cockpit.
Smoking is not permitted on board.
ARTICLE 8 - GIFT CARDS
The gift cards issued by THE PROVIDER have a limited period of validity. After the expiry date, gift cards are neither refundable nor exchangeable. It is compulsory to present the gift card before boarding on the day of the service. If THE CUSTOMER or the beneficiary is not present on the day of the booked service, the gift card is neither refundable nor exchangeable. Gift cards are payable 100% at the time of order and may be sent subject to receipt of payment. Lost or stolen gift cards cannot be exchanged or refunded.
Bookings for gift card services are subject to availability.
ARTICLE 9 - LIABILITY
As the cruises are subject to all the rules applicable to inland navigation, THE PROVIDER reserves the right to assess whether or not the river is navigable and may under no circumstances be held responsible in the event of modification or cancellation of a cruise resulting from the application of the aforementioned rules and in general from any event likely to jeopardise the safety of the people and goods transported.
THE SERVICE SUPPLIER may not under any circumstances be held responsible for damage of any kind resulting in particular from force majeure, terrorist acts or threats, sudden flooding, flooding, bad weather, storms, technical incidents, failure of one of its service providers and in general any other event of any kind whatsoever that is beyond the control of THE SERVICE SUPPLIER.
THE SERVICE SUPPLIER declines all responsibility in the event of theft or damage caused to passengers' clothing, hand luggage and other personal effects, 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...).
THE SERVICE SUPPLIER declines all liability in the event of the CLIENT falling into the water, particularly if the CLIENT has not complied with the embarkation and disembarkation instructions, and if the CLIENT leans out of the boat.
THE SERVICE SUPPLIER declines all liability in the event of the CLIENT's failure to comply with these Special Terms and Conditions of Sale, and with the general and specific police regulations, without prejudice to the damages and interest that it may claim on account of the damage and prejudice that it has suffered as a result of this failure to comply.
ARTICLE 10 - LIABILITY OF THE SERVICE PROVIDER - GUARANTEE
THE SERVICE SUPPLIER guarantees, in accordance with legal provisions and without additional payment, THE CUSTOMER against any lack of conformity resulting from a defect in the performance of the Services.
In order to assert its rights, THE CUSTOMER must inform THE SERVICE SUPPLIER, in writing, of the existence of defects in conformity under the conditions set out above in the "Complaints" article.
Once THE SERVICE SUPPLIER has established the defect, the latter's guarantee is limited to replacement by an equivalent Service or reimbursement of the Service actually paid for by THE CUSTOMER and THE SERVICE SUPPLIER may not be considered to be liable or in default for any delay or non-performance following the occurrence of a case of force majeure usually recognised by French case law.
The Services provided through the SERVICE SUPPLIER's "https://www.bateau-sablesien.fr/" website comply with the regulations in force in France.
ARTICLE 11 - INFORMATION TECHNOLOGY AND CIVIL LIBERTIES
In application of Law 78-17 of 6 January 1978, it should be noted that the personal data requested from the Customer is necessary for the processing of the order and, in particular, for the preparation of invoices.
This data may be communicated to any of the SERVICE SUPPLIER's partners responsible for carrying out, processing, managing and paying for orders.
In accordance with current national and European regulations, the Customer has a permanent right of access, modification, rectification and opposition with regard to information concerning him/her.
This right may be exercised in accordance with the terms and conditions set out on the website "www.https://www.brantomecroisieres.com/".
ARTICLE 12 - INTELLECTUAL PROPERTY
The content of the "https://www.brantomecroisieres.com /" website is the property of THE SERVICE SUPPLIER 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 may constitute an infringement of copyright.
Furthermore, THE SERVICE SUPPLIER remains the owner of all intellectual property rights to the photographs, presentations, studies, drawings, advertising material, etc., produced with a view to providing the Services to THE CLIENT. THE CLIENT is therefore prohibited from reproducing or exploiting
said media, without the express, written and prior authorisation of THE SERVICE SUPPLIER, which may be subject to a financial consideration.
ARTICLE 13 - APPLICABLE LAW AND JURISDICTION
These General Terms and Conditions of Sale and any transactions arising from them are governed by and subject to French law.
Any dispute concerning the interpretation or performance of these General Terms and Conditions of Sale shall be submitted to the competent French courts.
Disputes arising between THE SERVICE SUPPLIER and its customers entered in the trade and companies register will be submitted to the Commercial Court of Périgueux.
These General Terms and Conditions of Sale are written in French.
If they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
The Parties may also have recourse to conventional mediation in the event of a dispute.
ARTICLE 14 - PRE-CONTRACTUAL INFORMATION - CUSTOMER ACCEPTANCE
THE CUSTOMER acting as a private individual, whether alone or in a group, acknowledges having 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 Services and ancillary costs ;
- in the absence of immediate performance of the contract, the date or deadline by which THE SERVICE SUPPLIER undertakes to perform the Service;
- information relating to the identity of the SERVICE SUPPLIER, its postal, telephone and electronic contact details, and its activities, if this is not apparent from the context, information relating to legal and contractual guarantees and the procedures for implementing them;
- the functionalities of the digital content and, where appropriate, its interoperability ;
- the possibility of resorting to conventional mediation in the event of a dispute ;
- information on the right of withdrawal, cancellation procedures and other important contractual conditions.
ARTICLE 15 - PERSONAL DATA
15.1 Treatments performed.
The personal data communicated by THE CUSTOMER is the subject of computer processing by THE SERVICE SUPPLIER, in particular in the context of the performance and management of its contractual relationship with THE CUSTOMER, its legitimate interest in improving the quality and operational excellence of the services offered to these customers or compliance with certain regulatory obligations. This data is processed in compliance with the French Data Protection Act no. 78-17 of 6 January 1978 and/or any other applicable EU law or regulation (hereinafter referred to as "Personal Data Legislation").
THE PROVIDER processes, collects and stores only personal data voluntarily provided by THE CUSTOMER, such as: surname, first name, date of birth, contact details, nationality, bank details, etc., in particular for the purposes of providing the Services ordered, managing its contractual relationship with THE CUSTOMER, proposing offers for products and services offered by the Provider and/or its partners and compiling statistics.
THE CUSTOMER guarantees the truthfulness and accuracy of the information provided by him/her or any other third party using his/her data in the context of the present contract.
15.2 Recipient of the Data.
Access to THE CUSTOMER's personal data is granted only to those persons and departments who are authorised to have knowledge thereof in the context of the processing purposes mentioned above and/or insofar as such access is required by a legal or regulatory basis, unless you tick the box expressly agreeing to receive offers and information from THE SERVICE SUPPLIER's partners.
THE PROVIDER may share THE CUSTOMER's personal data with suppliers authorised to perform services on its behalf who may be located in other countries. Before doing so, THE PROVIDER will take all necessary steps to ensure that THE CLIENT's personal data will benefit from adequate protection as required by Personal Data Legislation and its internal policies.
15.3 Shelf life.
THE SERVICE SUPPLIER undertakes to keep and archive THE CUSTOMER's personal data for no longer than is necessary for the purposes for which it is collected and processed, extended, where applicable, by the duration of applicable legal or regulatory requirements.
15.4 THE CUSTOMER's rights.
In accordance with the Personal Data Legislation, THE CUSTOMER has the right to access, rectify, delete, port and forget his/her personal data, as well as the right to limit the processing of his/her data and to object to such processing on legitimate grounds. To exercise these rights, THE CUSTOMER may contact us at contact@brantomecroisieres.com, indicating his/her surname, first name and the subject of the request. We may ask THE CUSTOMER for additional information in order to identify him/her and be able to process his/her request. THE CUSTOMER also has the right to formulate specific or general directives concerning the conservation, deletion and communication of his/her post-mortem data. If they consider that their rights have not been respected, THE CUSTOMER has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés via the following link
However, we ask THE CUSTOMER to send us any request in advance by contacting us at the address given above so that we can deal with the request and find an amicable solution.
15.5 Safety.
THE SERVICE SUPPLIER undertakes to guarantee the security and confidentiality of the personal data communicated and transmitted by THE CLIENT in order to prevent it from being distorted, damaged or accessed by unauthorised third parties.
ARTICLE 16. RECEIPT OF NOTIFICATIONS AND NEWSLETTERS
THE CUSTOMER may, at any time and free of charge, ask us not to receive any further advertisements or canvassing by contacting us directly at contact@brantomecroisieres.com or by using the unsubscribe link included in any canvassing that we may send by e-mail. This opposition is without prejudice to the legality of mailings made prior to its implementation. In accordance with article L.223-2 of the French Consumer Code, the User is hereby informed of his or her right to register free of charge on the telephone anti-solicitation list.