These general conditions define the rights and obligations of the parties in the context of the remote reservation of services offered by our commercial establishment L'Ecluserie.
In the rest of the document, the subscriber of the contract will be called the customer, the lessor will be designated by the company Aventure Fluviale through its establishment L'Ecluserie.
They govern all the steps necessary for the reservation and the follow-up of 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 available on our reservation platform. These general conditions of sale apply to all reservations concluded by internet, via our reservation module, as well as by any other means (telephone, email, in person).
The customer chooses the services presented on our reservation platform. He acknowledges having read the nature, the destination and the methods of booking the services available on our reservation platform and having requested and obtained the necessary and/or additional information to make his reservation in full knowledge of the facts. The customer is solely responsible for his choice of services and for their suitability to his needs, so that our responsibility cannot be sought in this regard. The reservation is deemed accepted by the customer at the end of the reservation process.
Bookings made by the customer are made through the dematerialized reservation form sent by email to the customer. The reservation is deemed to have been made upon receipt of the reservation form. The customer undertakes, prior to any reservation, to complete the information requested on the voucher or reservation request. The customer attests to the veracity and accuracy of the information provided. After the final choice of the services to be booked, the reservation procedure includes in particular the entry of the bank card for the guarantee request, the consultation and acceptance of the general conditions of sale and the conditions of sale of the reserved rate before the validation of the reservation and, finally, the validation of the reservation by the customer.
In the case of a reservation made by telephone or in person, the customer also receives a dematerialized reservation voucher.
Our reservation platform acknowledges receipt of the customer's reservation by sending an email without delay. In the case of online reservations, the acknowledgement of receipt of the reservation by email summarizes the contract offer, the services reserved, the prices, the conditions of sale relating to the selected rate, accepted by the customer, the date of reservation made, the information relating to after-sales service, as well as the address of the establishment of the seller to which the customer can submit complaints.
The customer is reminded, in accordance with article L. 121-21-8 12° of the Consumer Code, that he does not have the right of withdrawal provided for in article L. 121-21 of the Consumer Code.
The cancellation conditions are specified in the specific conditions of use for each service offered.
The photographs presented on our reservation platform are not contractual. Even if every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the establishments presented give as accurate an overview as possible of the services offered, variations may occur between the time of reservation and the day the service is consumed. The establishment cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, due to the third party, because of the customer, in particular the unavailability of the Internet network, impossibility of access to the website, external intrusion, external intrusion, computer viruses or in the event of prepayment not authorized by the bearer's bank. Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the customer will result in the cancellation of the order at the customer's expense, without prejudice to any civil or criminal action against the latter.
Complaints relating to the non-performance or poor performance of the services booked must, under pain of foreclosure, be brought to our attention in writing within eight days after the date of departure from the Ecluserie.
The prices relating to the reservation of services are indicated before and at the time of booking. The prices are confirmed to the customer in the amount including VAT, in euros (€), and are only valid for the period indicated on the reservation platform. If the debit at the establishment is made in a currency other than that confirmed on the reservation, the exchange costs are borne by the customer. All reservations, regardless of their origin, are payable in the local currency of the establishment. Unless otherwise stated on the reservation platform, additional services are not included in the price. Taxes (local taxes, tourist taxes, etc...) if applicable, presented on the rates page, are to be paid directly on site to the establishment. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the prices indicated on the billing date. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the date of the invoice.
The customer communicates his bank details as a reservation guarantee by credit or private bank card (Visa, Mastercard, American Express..., according to the possibilities offered by the establishment's reservation platform) by directly indicating, in the area provided for this purpose (secure entry by SSL encryption), the card number, without spaces between the numbers, as well as its validity date (it is specified that the bank card used must be valid at the time the service is consumed) and the visual cryptogram. He must come to the establishment with the bank card that allowed him to guarantee the reservation. Payment is made when the customer is welcomed. Payment is debited at the hotel during the stay. In the event of a no-show (reservation not cancelled — customer not present) of a reservation guaranteed by bank card, L'Ecluserie will debit the customer, as a fixed compensation, for the amount indicated in its general conditions and special conditions of sale. L'Ecluserie chose elloha/stripe.com in order to secure online payments by bank card. The validity of the customer's payment card is checked by stripe.com. There may be a refusal of the payment card for several reasons: stolen card, card blocked, limit reached, input error... In the event of a problem, the customer will have to contact his bank on the one hand, and the establishment on the other hand, the establishment on the other hand to confirm his reservation and his method of payment.
The owner undertakes to be present personally at the arrival of the guests and to give them the best welcome. We welcome guests from 2 p.m., The signatory customer will not be able under any circumstances to claim any right to remain in the premises at the end of the period initially provided for in this contract.
The client will enjoy the room and the common areas in a peaceful way, make good use of them and respect the premises. Smoking is not allowed in the room.
Under no circumstances may the number of people exceed the indicated capacity. Without the prior written consent of the owner, the owner is in a position to refuse additional persons. In this case, no refund will be considered.
Pets are welcome. They are under the full responsibility of their owner.
The reservation becomes effective as soon as the customer has obtained the guarantee by bank card.
Payment of the stay and the tourist tax is made upon the arrival of the customer.
The methods of payment accepted by L'Ecluserie are ANCV holiday vouchers, transfers, cash, or bank card.
Any cancellation must be notified by phone call or email.
Cancellation fees will apply under the following conditions:
The customer must be at least 18 years old. He is responsible for the boat and the people sailing with him. It is possible to drive the boat for those present with it. In the case of a child or young adult, driving is under the responsibility of the accompanying adult. The customer will take possession of the boat after completing the formalities (deposit, inventory of equipment on board) and reading the navigation instructions. The tenant must comply with the regulations of river navigation and the instructions provided by the lessor and the river authorities. Night sailing, towing, lending and/or subletting the boat are not allowed.
The owner declares that he has taken out an insurance policy guaranteeing the customer from damage that he may commit to the body of the boat, its accessories and dependencies, total theft and hijacking, partial theft. The customer remains his own insurer up to the amount of the franchise - the recourse of third parties for material damage and for personal injury (civil liability).
The payment of the insurance premium is included in the rental price.
The insurance policy does not guarantee persons transported on the boat from accidents of which they may be victims.
The owner disclaims any responsibility for loss or damage concerning the tenant's personal property, at his benefit and at his expense to cover the risks mentioned.
L'Ecluserie must provide the customer with a boat in navigable condition, equipped and insured in accordance with the laws and regulations issued by the competent authorities for the intended navigation category.
The renter undertakes to use the boat “with a good father” and in accordance with the regulations of the places of navigation concerned.
The tenant undertakes to board only the authorized number of people, he undertakes to use the boat only for pleasure boating, with the exception of any commercial operation, professional fishing, transport, regattas or others.
In the event of serious damage, the customer is required to urgently notify the lessor and ask for instructions.
The deprivation of enjoyment resulting from damage occurring during this rental will not be subject to any reimbursement, even partial, of the amount of said rental, regardless of the cause of the damage, unless they are not attributable to the tenant.
Subletting or lending is strictly prohibited.
As soon as they return to the Ecluserie, the customer must report their presence to the lessor and comply with the inventory and inspection of the boat, the latter being emptied of all luggage and occupants beforehand.
Any hour started or delayed will entitle the lessor to compensation equivalent to the hourly or daily rate applied on the day of subscription of this rental regardless of the cause of the delay. Bad weather cannot be invoked as a valid reason; the captain must take all measures to deal with this eventuality.
The customer is required to return the boat and its equipment in good working and clean condition. If the condition of return is satisfactory, the deposit is returned to the customer the same day.
If a deterioration or loss of both the boat and any accessory listed in the inventory is noted, the tenant is required to pay for the repair or replacement with the identical one. For this purpose, a withdrawal from the deposit may be made, or even suspended during a possible expertise.
If the deterioration or loss results from a claim covered by the insurance policy provided for in Art.11.2, the reimbursement of the deposit will be deferred until the insurance company pays the repair and/or replacement invoices. Reimbursement will be made after deduction of the expected deductible and any additional expenses that may have resulted from the claim (telephone, travel, reports, security, etc.)
Rental payment is made when the rental contract is signed.
The methods of payment accepted by L'Ecluserie are ANCV holiday vouchers, transfers, cash, or bank card.
Prior to the delivery of the rented equipment, the customer must deposit a bank card imprint in the amount of €200.
Any cancellation must be notified by phone call or email.
Cancellation fees will apply under the following conditions:
The bicycle user declares that he is capable of cycling and is not aware of any medical contraindications to his practice. Under no circumstances can the renter be held responsible for the incapacity of the user.
The bikes, equipment and accessories provided comply with the regulations in force when they were rented and are in good working condition. These are fixed according to safety standards. Customers must be covered by liability insurance. They release the renter from any liability arising from the use of the rented equipment, in particular with regard to accidents and damage caused to third parties as a result of the use of the bicycle. The customer is solely responsible for any damage caused to the rented equipment or as a result of its use. The customer acknowledges that the rented equipment is in perfect working condition. The customer undertakes to use the equipment with care and within the limits of his capacities, to respect the instructions for use and safety that will be sent to him by the lessor and not to transport a person or a load greater than 15 kg on the luggage rack. He undertakes to return the bike in its original condition, at the dates and times agreed in the contract. The customer declares to be subject to the rules in force of the highway code. If he violates laws and regulations during the rental, the renter can in no way be held responsible. The customer undertakes to make every effort to avoid the theft or damage of the rented equipment. For this purpose, regardless of how long the bike is parked, he undertakes to attach it to a fixed point using the anti-theft device provided. In the event of a technical failure of the bike during the contract, the customer cannot undertake repair work on his own initiative. He is required to inform the lessor. At his request, the bike will be replaced by a bike of the same type, subject to availability in the absence of faulty responsibility on the part of the customer, for the remaining period.
Any rental, regardless of the duration chosen when subscribing to the contract, is due in full. When returning the equipment, the customer must return it no later than the time stipulated in the contract. At the end of the rental period, in case of non-return of the equipment, the delay or non-return will be invoiced in accordance with article 12.5.
Arrivals and departures are made at the lock house in Saint Nicolas-des-Eaux, located 13, promenade des Estivants, 56930 Pluméliau-Bieuzy. The schedules are as shown and vary according to the seasonal nature of the activity.
For any delay in returning equipment, an increase of €12 per bike or trailer and per calendar day will be systematically applied. In the event of theft, the customer must justify to the lessor a complaint lodged with a police station or a gendarmerie. A certificate of receipt of the deposit can be provided upon request if the customer wishes to be reimbursed by his insurer. If the rented bike is returned to the rental company, the customer will be reimbursed the amount of the deposit minus the costs of reconditioning the equipment. If the customer does not justify filing a complaint, payment for the value of the bike and its accessories will be due immediately. In the absence of this regulation, the lessor reserves the right to take any action, in particular judicial proceedings, to obtain payment.
Rental payment is made when the rental contract is signed.
The methods of payment accepted by L'Ecluserie are ANCV holiday vouchers, transfers, cash, or bank card.
Prior to the delivery of the rented equipment, the customer must deposit a bank card imprint in the amount of €200.
Any cancellation must be notified by phone call or email.
Cancellation fees will apply under the following conditions:
In the event of non-compliance with the previous rental clauses, or in the event of damage to the rented equipment, the customer will have to pay the following invoices:
The customer is informed, on each of the forms for collecting personal data, of the mandatory or optional nature of the responses by the presence of an asterisk. The information processed is intended for the establishment, elloha.com, its entities, its partners, its service providers (and in particular online payment providers). The customer authorizes elloha.com to communicate his personal data to third parties provided that such communication proves to be compatible with the carrying out of the operations incumbent on elloha.com under these general conditions and in connection with the Customer Charter for the protection of personal data. In particular when paying online, the customer's bank details must be transmitted by the payment provider stripe.com to the bank of the establishment, for the execution of the reservation contract. The customer is informed that this data transfer may therefore take place in foreign countries that do not have adequate personal data protection within the meaning of the Data Protection Act. However, the customer consents to this transfer necessary for the execution of his reservation. Stripe.com, in their capacity as professionals, are committed to the establishment to take all security and data confidentiality measures for such data transfers.
The entry of the required banking information, as well as the acceptance of these general conditions and the reservation voucher or request, constitutes an electronic signature that has, between the parties, the same value as a handwritten signature. The computerized records kept in elloha.com's computer 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.
Force majeure refers to any event external to the parties that is both unpredictable and insurmountable in nature that prevents either the customer or the establishment from ensuring all or part of the obligations provided for in the contract. Those usually recognized by the jurisprudence of French Courts and Tribunals are considered to be cases of force majeure or fortuitous events. Each party cannot be held responsible to the other party in the event of non-performance of its obligations resulting from a force majeure event. It is expressly agreed that force majeure suspends, for the parties, the performance of their mutual obligations and that each party bears the burden of the resulting costs.
These General Terms and Conditions of Sale are governed by the law of the country of establishment without impeding any mandatory protective provisions that may apply in the consumers' country of residence.
These General Terms and Conditions of Sale, the conditions of sale of the rate booked by the customer, and the reservation voucher or request express all the obligations of the parties. No general or specific conditions communicated by the customer can be integrated into these general conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the voucher or the reservation request (including the specific conditions of the reserved rate) and these general conditions. In the event of a contradiction between the reservation form and the general conditions, the provisions appearing in the reservation form will be the only ones applicable for the obligation in question. These general conditions of sale by internet may be modified and/or supplemented at any time 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 sale by internet will automatically apply to all customers.
