Terms and conditions of sale
- II – Designation of parties to the contract
Between the lessor,
Sarl Ardèche Bateaux
Route des Gorges ,quartier chames
07150 Vallon Pont d’Arc
Siret : – Naf :
And the tenant
The hirer undertakes for himself and for the persons he authorizes to use the equipment he has rented: to read, accept and comply with these special rental conditions; to inform the persons he authorizes to use the equipment he has rented of these special rental conditions, and to ensure that they comply with them.
II – Contract prerequisites
A – The age of the lessee and sailors
Rental by minors is prohibited. Minors under 12 years of age are not allowed to sail alone, and must be accompanied on the water by an adult. Sailing with children under 7 is forbidden (unless accompanied by a qualified instructor). The hirer remains responsible for any persons authorized to use the equipment.
B – Capacities required for navigation
Navigation is forbidden to people who cannot swim at least 25 meters and immerse themselves. Adults or legal guardians for minors must attest to their ability to swim at least 25 meters and to immerse themselves. The legal representatives of minors are their fathers, mothers or guardians. If the minor is not accompanied by a legal guardian, any hirer wishing to sail with minors must present either a certificate from the legal guardian or a certificate from a qualified authority attesting to the minor’s ability to do so.
By signing the rental contract, the renter declares and certifies that he/she and the persons authorized by him/her to use the equipment rented can swim at least 25 meters and immerse themselves, and have the knowledge, technical skills and experience required to complete the planned nautical course (Conf. Class display).
C – Civil liability insurance
The lessor is covered by a civil liability policy. By signing the contract, the hirer declares and certifies that he/she and the persons he/she authorizes to use the rented equipment are insured by a civil liability policy.
D – Accessories and personal effects
The rental company is not responsible for parked vehicles or objects entrusted to it or taken on the boats.
III – Purpose of the contract
A – Equipment
Designation
The rental company provides the hirer with equipment as specified in the contract: canoe(s), kayak(s), individual protective equipment: buoyancy aid(s), helmet(s); navigation accessories: paddles, wetsuit(s), canister(s) to hold the hirer’s personal belongings during navigation.
All the equipment made available to the hirer is in perfect working order and in good repair, and complies with its intended purpose and applicable regulations. The lessor provides the lessee with information and instructions for the use of the leased equipment, as well as registers of operations to monitor and control the leased equipment.
Special conditions of use for rented equipment
The rental contract transfers custody of all rented equipment to the lessee for the duration of the rental period. The rental period begins at the time the hirer takes possession of the equipment and ends at the time the equipment is handed over by the hirer to the lessor. A joint inventory will be drawn up at the time of return by both parties, i.e. the hirer and the lessor.
The lessor may not be held liable for damage caused to the lessee, to persons authorized by the lessee to use the equipment leased by the lessor, to third parties, to the lessee’s property or to that of said persons, as a result of improper use of the leased equipment by the lessee or said persons. The watertightness of the cans cannot be guaranteed by the rental company, as it is dependent on the cans being closed by the user.
The lessee’s special obligations with respect to the leased equipment
The buoyancy aid must be worn at all times when the canoe is on the water.
The lessor is not responsible for the use of the rented equipment, and in particular for the navigation, closure, fastening and supervision of the bags and canisters intended to hold the personal effects of the lessee and those sailing with him/her. The hirer remains entirely responsible for all goods carried by himself or herself and persons authorized by him or her to use the rented equipment. The rental company cannot be held responsible for the loss, theft or breakage of any property belonging to the hirer or persons sailing with him/her, which may occur during the nautical tour. The equipment rented is for the sole use of the hirer, with no possibility of subletting or lending, even free of charge.
B – The nautical course
Information on the nautical route and sailing conditions
The rental company offers a range of nautical courses. For each of these routes, he indicates the mileage, the average sailing time (excluding breaks), the sailing class, the start and finish of the route, the applicable regulations (navigation, traffic, environment), the difficulties and dangers of the nautical routes he proposes, using a posted route map.
In the event of unfavorable weather or water conditions, the rental company may refuse the rental, subject only to reimbursement of any deposit paid.
The information provided by the lessor is for guidance only and does not preclude the lessee from seeking any additional information he or she deems necessary.
Choosing the right nautical course
The hirer is free to choose the route that suits him and the persons he authorizes to use the equipment he has rented. The route chosen by the hirer is specified in the rental contract.
The tenant may :
freely choose the route that suits him and the people he authorizes to use the equipment he has rented. The route chosen by the hirer is specified in the rental contract.
or use the rented equipment under its full responsibility on any other nautical course not offered by the rental company. This choice is specified in the rental contract.
The hirer declares and certifies that he/she and the persons he/she authorizes to use the equipment hired have informed themselves of the regulations, difficulties and dangers of the route they have chosen.
The lessee’s special obligations regarding the creation of the nautical course.
The lessor informs the lessee of the regulations and signs applicable to the waterways, navigation classes, land exit routes, hydrological and meteorological data, and the conditions for crossing structures on the waterway.
Closed-toe shoes must be worn.
It is forbidden to abandon any equipment on the course. Any abandonment will be invoiced at the price of the rented equipment plus the cost of repatriation of the boat and persons, and search fees according to the current rates displayed at ARDECHE BATEAUX reception.
Loss or breakage of equipment will give rise to additional invoicing. The hirer undertakes not to deposit or leave any waste on the routes or boats and to return them to the rental company at the end of the trip for sorting and disposal in the containers indicated by the rental company.
Except in cases of force majeure, it is forbidden to enter, stop or park on private land bordering the watercourse, where access is forbidden by the owner (signs/fences/oral indications), failing which the hirer may be held contractually, civilly or criminally liable. Damage to any public or private property (plots, roads, structures, signs, etc.) is prohibited, on pain of contractual, civil or criminal liability on the part of the lessee.
The hirer undertakes to be courteous and to respect local residents and other users of the watercourse.
The nautical course is carried out under the responsibility of the hirer, who acknowledges that he/she has been informed of the particular conditions under which the course is to be carried out.
IV – Related or complementary services
The rental contract also includes a transport service (depending on the case: driving to the place of embarkation or picking up at the place of disembarkation). If the tenant does not wish to benefit from this ancillary service, he/she must specify this on the contract.
V – Rates and payment for services
The price includes, for each route proposed by the rental company and per person, the equipment required for navigation and the transport service. Accessories such as neoprene wetsuits are charged extra, as are catering services. Loss or breakage of equipment will give rise to additional payment as specified in the rental contract. The rates for each service are specified in the contract.
The hirer undertakes to pay the amount or balance of all services before taking possession of the equipment, without discount.
The hirer undertakes to pay the rental company for any lost and/or damaged equipment, in accordance with the rates specified in the contract.
Booking deposits (by e-mail, telephone or post) can be paid by bank or postal cheque, bank transfer, credit card, cash or ANCV vacation voucher.
Unreserved services or outstanding balances can be paid by bank cheque, credit card, cash or ANCV vacation voucher.
In the event of unfavorable weather or hydrological conditions, of which the rental company is the sole judge, it may refuse the rental, subject only to reimbursement of any deposit paid.
The lessor reserves the right to request a deposit before taking possession of the equipment.
VI – Cancellations
In the event of cancellation by the hirer, no refund of the deposit or the service will be made, but the hirer will have the option of rescheduling the service during the current season.
Special cases giving rise to full and individual reimbursement :
Force majeure: death, hospitalization, serious illness (upon presentation of proof). Please note that for groups, only the people concerned will be reimbursed.
Orange or red weather alert: rain, flooding; (24-hour weather forecast)
Flood duly recorded on the Salavas measurement scale (see Order N° 07-2016-12-26-005)
VII – Charges for lost or abandoned equipment
Loss of equipment: Failure to return rented equipment, for any reason whatsoever, will give rise to the invoicing to the hirer of the full new value of the equipment at the public sale price, in addition to the cost of the rental.
VIII – Settlement of disputes
These terms and conditions are governed by French law. The application of French law does not, however, deprive Consumer Customers of the imperative provisions of residence. This applies to both substantive and formal rules.
B – Mediation
In accordance with articles L.616-1 and R.616-1 of the French Consumer Code, the rental company has set up a consumer mediation system. The selected mediation entity is: SAS CNPM – MÉDIATION – CONSOMMATION.
In the event of a dispute, the consumer may file a complaint with
– on the website: https://www.cnpm-mediation-consommation.eu
– or by post: CNPM – MÉDIATION – CONSOMMATION
27 avenue de la libération – 42400 Saint-Chamond
C – Online sales
In the event that the service” has been purchased online by the Customer, the latter is hereby informed that, in accordance with article 14.1 of regulation (EU) n°524/2013 of the European Parliament and of the Council of May 21, 2013, he/she has the option of lodging a complaint and selecting a dispute resolution body on the following website: dispute resolution
D – Proof
It is expressly agreed that the data contained in the Hirer’s information systems are conclusive of orders, requests and any other elements relating to the use of the site. They may be validly produced, notably in court, as evidence in the same way as any written document.
IX – Protection of personal data
In accordance with the provisions of the French Data Protection Act of January 6, 1978, as amended by the Act of August 6, 2004, which is appended to the present regulations on the protection of individuals with regard to the processing of personal data, the lessee has a right of access enabling him/her to rectify or oppose any personal data collected by the lessor concerning him/her.