Terms and conditions of use

Terms and conditions of use

TERMS & CONDITIONS OF USE


GENERAL TERMS AND CONDITIONS OF SALE FOR THE “BORDEAUX RIVER CRUISE” GROUP

The present terms of sale concern the following companies:
• BORDEAUX RIVER CRUISE, SAS, with a capital of €2,476,083, SIRET: 793568965, APE: 7010Z, insurance: HISCOX HARCP0087734
• BORDEAUX CROISIERE, SARL, with a capital of €146,000, SIRET: 751033994, APE: 5010Z, License (ATOUT-FRANCE) no. IM033170017
• GENS D’ESTUAIRE, SARL, with a capital of €8,750, SIRET: 507580884, Code APE: 7911Z
• LE REFUGE DE PATIRAS, SARL, with a capital of €1,051,000, SIRET: 488557240
As well as the group’s websites: bordeaux-river-cruise.com, croisiere-bordeaux.com, seminaires-bordeaux.com, gensdestuaire.fr and refugedepatiras.com. Hereinafter referred to as the “Service Providers” or the “Company” when directly concerning river tourism activity.

1. Preamble
The present general terms and conditions apply to all services offered by the Service Providers. Any non-contractual contradictory or complementary clauses and any clauses not expressly covered by written special conditions or an agreement between the Service Providers and the Client shall be deemed null and void. These General Terms and Conditions of Sale are communicated to the Client along with the estimate, allowing the latter to make his booking. Therefore, all bookings imply the Client’s full adhesion to the present conditions.
In the event of any contradiction between the provisions of the estimate signed by the Client and the provisions of the present Conditions, those of the estimate shall prevail. The booking and/or service order shall be reserved for the Client having read, understood and accepted the present terms and conditions in their entirety and without qualification. Henceforth, any order entails full adhesion to the present terms and conditions of sale, as well as the unqualified acceptance of all their included provisions and measures. With the goal of satisfying the Client, the Service Providers shall be free to modify the present terms and conditions, as well as their range of products.

2. Data Protection
The Service Providers respect all current privacy legislation.
Their websites are notably registered with the CNIL (French data-protection authority), in accordance with the French Data Protection Act. For commercial reasons, the Service Providers are liable to contact the Client by e-mail (for instance, to send the Client the order confirmation).
The Client enjoys the right to access, correct and delete his personal data (French Act no. 2004-801 of 6 August 2004 relative to the protection of individuals’ private data, modifying Act no. 78-17 of 6 January 1978 concerning computing, files and freedoms). To do so, the Client is invited to write to the Service Providers at the following address: 12 rue Charlevoix de Villers, 33300 BORDEAUX. The Client must attach a copy of his proof of identity. All information required for the order’s processing is marked by an asterisk on the websites.

3. Booking Procedures

3.1 Service availability
Bookings for all services depend on the availability of the various locations and boats. For certain special dates, hereinafter referred to as “festive dates”, these availabilities may be subject to special conditions. List of festive dates: 14 February, 14 July, 24 December, 25 December and 31 December. In addition, festive dates also concern the following local events: the Fête du Fleuve (Bordeaux), the Fête du Vin (Bordeaux), the Solitaire du Figaro, the Marathon du Médoc (Pauillac) and Vinexpo (Bordeaux).

3.2 Pre-bookings
At the time of booking, the Client may choose to pre-book a given date and service for one or more locations and boats. This optional pre-booking grants the Client booking priority during a 15-day period, without entailing any commitment on the part of either party. If another Client should like to book the same location or boat for the same date, the Service Providers shall notify the Client, who shall subsequently have 48 hours to confirm his reservation. Past this 48-hour deadline, if the pre-booking has not been confirmed by the Client, it shall be automatically cancelled.

3.3 Bookings
The booking of any service is only deemed definitive upon the estimate’s acceptance and signature and the payment of the deposit, according to the following terms:
For any amount less than or equal to €25,000 including tax (twenty-five thousand euros, all taxes included):
• Payment of a 40% (forty percent) deposit at the time of ordering.
• Payment of the 60% (sixty percent) balance 15 days prior to the service date (fifteen calendar days before the date of the concerned service).
For any amount greater than €25,000 including tax (twenty-five thousand euros, all taxes included):
• Payment of a 40% (forty percent) deposit at the time of ordering.
• Payment of a 50% (fifty percent) deposit 30 days prior to the service date (thirty calendar days before the date of the concerned service).
• Payment of the 10% (ten percent) balance 15 days prior to the service date (fifteen calendar days before the date of the concerned service).
Any additional services consumed on-site the day of the service shall be paid directly on-site, in full and on the same day.

3.4 Online orders
For all online orders concerning “menu-meals”, “packages”, “special dates”, “combined services” and all other non-“à la carte” services, payments shall be made as follows:
• For orders made over 15 days prior to the event, the Client may make a differed payment: by mailing a cheque or Chèque Vacance (French holiday voucher), via payment at the boutique or via bank transfer. All payments must indicate the order reference information (name, event date, order number).
• For orders made 15 or fewer days prior to the event , the Client must immediately pay the full amount online via bank card.

3.5 Concerning “à la carte” services
For “à la carte” services, the definitive order amount must be communicated 15 days prior to the concerned service and shall result in a balance invoice (deducting the deposit paid at the time of ordering). Payment of the balance must be made within 5 working days of the Client’s receipt of the invoice.
Any additional services consumed on-site the day of the service shall be paid directly on-site, in full and on the same day.

4. Booking modifications
Derogating from Article 5 “Full or partial cancellation of the booking by the Client” below, in order to be processed, all modification requests for groups of over 10 (ten) persons must be made in writing and received (via post or e-mail) by the Booking Office of the Service Providers no later than 72 (seventy-two) hours prior to the scheduled service time, and not exceeding around 5% (five percent) of the total number of guests concerned by the desired modification. Any modification of over 5% of the order made less than 15 days prior to the service date shall be considered a partial cancellation subject to Article 5. Modifications increasing the number of participants shall be considered accepted upon the drawing up of a relevant written agreement by the Service Providers. These modifications shall result in a new balance invoice or a new additional invoice, which must be paid in full no later than the date of the concerned service.

5. Full or partial cancellation of the booking by the Client
The Client may fully or partially cancel his booking according to the following conditions:
Any cancellation must be made in writing and sent to the Service Providers, with the date of receipt serving as the basis for any applicable cancellation fees as stipulated below.

For a cancellation over 60 calendar days prior to the service date, no cancellation fee shall be applied, excepting a fixed amount corresponding to the processing fee indicated on the estimate in the case of a personalized commercial offer (notably for privatized spaces).
For a cancellation made between 60 and 31 calendar days prior to the scheduled service date, a penalty of 40% (forty percent) of the full service amount (including tax) shall be due by the Client, and this no matter the service amount.
For a cancellation made between 30 and 15 calendar days prior to the scheduled service date: For amounts less than or equal to €25,000 including tax (twenty-five thousand euros, all taxes included), a penalty of 50% (fifty percent) of the total tax-inclusive amount shall be due by the Client.
For amounts greater than €25,000 including tax (twenty-five thousand euros, all taxes included), a penalty of 70% (seventy percent) of the total tax-inclusive amount shall be due by the Client.
For a cancellation made less than 15 (fifteen) calendar days prior to the scheduled service date or in the event of the Client’s no-show on the service date: a penalty of 100% (one hundred percent) of the total tax-inclusive amount shall be due by the Client; in this case, the Service Providers reserve the right to once again sell any unused services or seats. In any event, all applicable penalties must be paid to the Service Providers.
For bookings including a visit to the CITE DU VIN: once the CITE DU VIN tickets have been emitted and provided to the Client, these tickets cannot be reimbursed. In the event of the order’s modification or cancellation, the CITE DU VIN tickets remain valid for up to 1 year following their date of purchase.
6. Service cancellations or modifications by the Company
With the cruises being subject to the rules and constraints of river navigation, the Company reserves the right to assess the practicability of the available waterways. Cruises can be cancelled or modified at any moment following their reservation, including at the time of casting off or during navigation, in application of the aforementioned rules or in the event of bad weather liable to threaten the safety of the passengers or crew members.
In the event of all services being cancelled, the Company shall (with the Client’s prior approval) either allocate any amount already paid by the Client to a later booking (as a deposit), or simply reimburse this sum. However, the Service Providers shall not be held responsible for any direct or indirect damage or loss resulting from this cancellation.
For cruises aboard the SICAMBRE restaurant-boat, should the planned cruise be deemed no longer possible for any reason whatsoever (mechanical failure, flooding, bad weather, administrative restriction, etc.), the Client shall benefit from the following price reduction:
• For a modification of the cruise itinerary: a 20% (twenty percent) reduction for the “navigation/chartering” portion of the service.
• For a cancelled cruise (with the boat remaining docked): a 35% (thirty-five percent) reduction for the “navigation/chartering” portion of the service.
We ensure the departure of our cruises for a minimum number of participants. For instance, in the event of less than 20 passengers for a meal-cruise or full-day cruise, the Company reserves the right to cancel the departure. In this case, the Company shall reimburse the purchased tickets.
Menu-meals are liable to modification at any moment, up until the meal date, according to ingredient availabilities and supplies.

7. Insurance / Responsibility
The Service Providers declare that they are duly insured with a reputably solvent insurance company for their civil liability, notably covering risks linked to food poisoning and the river transportation of passengers.
The Service Providers reserve the right to charge the Client for any material damages caused during the service by the latter or by a member of the Client’s group.
The Company shall not be held responsible for any consequences of the passengers not adhering to the aforementioned rules and police regulations, without prejudice to damages and interests which the injured party may claim due to this same non-observance.
The Company shall not be held responsible for any direct or indirect damages suffered by the passengers during the cruise when resulting from any of the following causes: sudden flooding, a storm, a collision with another boat fully or partially responsible for this accident, or any other unforeseeable event.

8. Security
For all evening events extending past 11 PM, a security-deposit cheque for €2,000 (two thousand euros) shall be requested 15 days prior to the concerned service. In the event of any material damage to the Service Providers’ equipment or facilities, this cheque shall be cashed and the amount held until financial compensation covering all damages incurred has been paid by the Client or his insurer.

9. Force majeure
The Service Providers reserve the right to cancel a service in the event of any force majeure (fire, explosion, natural disaster, administrative constraint, etc.) or any other force or occurrence beyond their control. In this case, the Company shall not be obliged to make any reimbursement.

10. Sale prices
Prices are provided in euros, both excluding and including all applicable taxes. The prices charged shall be those in effect on the day of the order. It is the Client’s responsibility to assess all prices prior to his confirmation of the order. No prices can be challenged at a later time.
Prices are subject to VAT rates in effect on the day of the concerned service. Any new taxes or charges that might arise, or any modification of the current taxes or charges shall result in an automatic readjustment and correction of the prices. Changing economic conditions can result in price revisions, within the established legal limits. Transport costs linked to fuel costs shall be reflected by the prices. However, the fixed price can no longer be changed within 15 days of the scheduled service date.

11. Payment methods
The Service Providers accept bank transfers, cash payments in euros and bank cheques issued by an agency domiciled in France, as well as Chèques Vacances (French holiday vouchers), certain other gift vouchers and those bank cards accepted by the Booking Office or indicated at the reception of the various locations. Services can also be delivered in exchange for a gift or exchange voucher furnished by a company approved by the Service Providers.

12. Internal rules
Correct dress is required and respectful behaviour is obligatory, on the part of clients, external service providers (artists, entertainers, group leaders, etc.) and staff members. Any and all offenders may be refused access or expelled, even during the service, without any claim to compensation; furthermore, the Company reserves the right to pursue any legal actions that it may deem useful or necessary.
The maximum number of accepted passengers is indicated aboard each boat. For safety and security reasons, these set boat capacities shall be strictly respected.

12.1 Respecting scheduled times
The Client, or the entire group, must be present at the entrance to the establishments and boats at the scheduled time. The passengers must be present at the boarding location at least 15 minutes prior to the scheduled time of departure. Guests arriving after the boat’s departure or after the start of the service (for a dockside event) can claim no reimbursement. For private receptions and dinners, the Company reserves the right to reduce the service duration in equivalence to the Client’s lateness.

12.2 Passengers’ obligations
From the moment passengers are invited to board, they must each immediately and strictly adhere to any and all instructions given by the boat’s crew, in the interest of safety, security and order. Furthermore, all passengers must see to their own safety and the safety of any persons under their care and supervision, notably children under 18 years of age. The Company shall not be held responsible for any theft of or damage to passengers’ clothing, carry-on baggage or other personal items (such as cameras); cloakrooms are not guarded. No pets are allowed onboard, nor is any material or equipment deemed potentially dangerous for passengers or personnel. No guests or passengers are allowed to enter the engine room, pilothouse or kitchen without special permission.

13. Terms of sale for gift vouchers
Upon purchasing a gift box, you have 30 days in which to cancel the purchase, without having to furnish any explanation and without having to pay any penalty. Such a cancellation will result in the full refund of your purchase, no later than 30 days following receipt of your cancellation letter or e-mail. Gift vouchers furnished by the Service Providers are valid for a period of one year starting on the date of purchase. Beyond this one-year deadline, unused gift vouchers are neither refundable nor exchangeable. Bookings are obligatory in advance, by providing the gift voucher’s reservation code. Bookings for gift-voucher services are subject to the services’ availability. Should the Client not be able to attend the service booked using the gift voucher, he must notify the Company. Otherwise, the gift voucher will no longer be useable after the validity date. Clients must keep their gift voucher, which they may need to present on the day of the service. Bookings may be modified or cancelled according to the same conditions as presented in Article 5 of the present terms and conditions of sale. Gift vouchers are transferrable, but they are neither refundable nor exchangeable. If the Clients or beneficiaries are not present on the booked day, the gift voucher cannot be reimbursed or exchanged. Gift vouchers must be paid 100% in full at the time of ordering and can only be sent following receipt of payment. Lost or stolen gift vouchers cannot be exchanged or reimbursed. Gift vouchers are not valid for special events, such as: the Fête du Vin, the Fête du Fleuve, Mother’s Day, February 14th, December 31st or any other date or period during which the Company's normal rate does not apply.


14. Catering service for groups
So as to guarantee groups a quality catering service, the type of menu-meal must be chosen at the time of ordering via the Service Providers, for groups of over 10 (ten) persons.

15. Special provisions for online purchases
The present special provisions specify the shared conditions presented above and concern the websites: croisiere-bordeaux.com and bordeaux-river-cruise.com. After choosing a service that he would like to book, the Client confirms his acceptance of the present General Terms and Conditions of Sale. The order shall only be definitively recorded following the final confirmation. A page presenting the reservation summary shall be made available. To order online, the Client must fill out the online order form, following the furnished instructions and providing his contact information. All required information is so indicated on the websites. Each client account is necessarily attached to an e-mail address. An account password is automatically created and sent to the Client. The Client can recover his password by clicking on the forgotten-password link. The Client must print out the PDF document attached to the e-mail sent following payment of the order. This ticket is obligatory proof of the order’s proper payment and must be presented at the time of boarding. The system ensures the sending of documents, but not their receipt by the Client. Should the Client not receive any document, it is his responsibility to contact the Service Providers. The Service Providers shall not be held responsible for the Client not receiving his order confirmation due to any improperly furnished information by the latter. Before printing out any order, the Client must ensure that he is able to properly print out the PDF-format ticket. The Service Providers shall not be held responsible for any incapacity to print out the documents due to the Client’s lacking the proper computer software and/or equipment.

15.1 Capacity
To order, the Client must be at least 18 years of age, have the legal capacity to enter into a contract and use these websites in accordance with the present General Terms and Conditions. The Client is financially responsible for his use of these websites, both on his behalf and on behalf of any third party (including a minor), unless he can prove a fraudulent use for which he is in no way responsible. The Client also guarantees that all of his information used on these websites is both correct and complete, whether furnished by himself or by any third party. Any fraudulent use of these websites’ booking service, or any use not in keeping with the present General Terms and Conditions, may result in the Service Providers refusing access, at any time, to their online services.

15.2 Accessing the Client’s order information
The Client can, at any time, consult his order information by signing into his online account. The Client can, at any time, recover his password by entering the e-mail address linked to his account and then clicking on the forgotten-password link.

15.3 Order Modifications / Cancellations 
Cancellation fees No modifications can be made online. For all modifications, the Client must contact the Service Providers by phone. The telephone number is provided in the Client’s confirmation e-mail. Once a cancellation request has been recorded, it is promptly processed by the Service Providers. All orders cancelled by either the Client or the Service Providers are subject to the provisions specified in Article 5 of the present General Terms and Conditions.

15.4 Terms of payment for online purchases
For “menu-meals”, “packages”, “special dates”, “combined services” and all other non-“à la carte services”: the full order amount is immediately paid online via bank card for events scheduled within 15 days following the order.
For orders made over 15 days prior to the event, the Client may make a differed payment: by mailing a cheque or Chèque Vacance (French holiday voucher), via payment at the boutique or via bank transfer. Differed payments must be carried out within 5 working days (date as per postmark for posted payments). Past this deadline, the sales office reserves the right to cancel the order without notice. All orders not fully paid within 10 days prior to the scheduled event date can be cancelled by the sales office. In this case, an e-mail is automatically sent to the Client notifying him of the cancellation.
Any additional services consumed on-site the day of the service shall be paid directly on-site, in full and on the same day.

15.5 Validity of services purchased online
All booked services are valid for the date chosen by the Client. They cannot be rescheduled for a later date. All “combined services” must be consumed at a single time on the date(s) booked by the Client.

15.6 Secured online payments
Online payments via bank card are entirely safe and secure. Bank cards accepted for online payments are: Visa / MasterCard. Client-confirmed orders are only considered effective when approved by the payment centres. In the event of an order’s refusal by said centres, the Client is immediately informed by a message on the screen notifying him of the failed transaction. After noting the order reference, the Client must then contact the customer service department to find another payment solution.

15.7 Responsibilities and guarantees for using the websites
The Service Providers do not guarantee that the websites croisiere-bordeaux.com and bordeaux-river-cruise.com are free of anomalies, errors or bugs, or that any such defects can be corrected, nor that the sites function perfectly and without interruption, nor that the sites are compatible with any software, equipment or configuration not expressly approved by the Service Providers.
The Service Providers shall not be held responsible for any malfunctions due to third-party software, whether part of or external to the sites or furnished via the sites.
The Service Providers shall not be held responsible for any foreseeable or unforeseeable damages (including any lost profit or opportunity) resulting from these sites’ use or the total or partial impossibility to use them. The Client declares that he understands the characteristics and limitations of the Internet, particularly its technical effectiveness and performance, response times for consulting, examining or transferring data, and the risks inherent to online communications.

16. Confidentiality
The Service Providers and the Client both agree to maintain the strictest confidentiality regarding all documents and information brought to their attention within the framework of the services’ implementation and execution. All elements accessible aboard the boats and via the websites, notably in the form of texts, photographs, images, icons and sounds, are also protected by intellectual and industrial property rights and other relevant property and privacy rights.
Excepting provisions explicitly presented in the present document, the Client cannot, under any circumstances, reproduce, represent, modify, transmit, publish or adapt, via any medium or means, or in any way exploit any portion of the websites, without the Service Providers’ prior authorization. Any exploitation or use of any portion of the aforementioned information without the Service Providers’ prior approval may result in the latter taking appropriate legal action, notably pursuing infringement proceedings.

17. Intellectual property
The Service Providers hold all intellectual property rights relative to the companies, brands and trademarks: BORDEAUX RIVER CRUISE, BORDEAUX CROISIERE, GENS D’ESTUAIRE and LE REFUGE DE PATIRAS, as well as the websites: bordeaux-river-cruise.com, croisiere-bordeaux.com, seminaires-bordeaux.com, gensdestuaire.fr and refugedepatiras.com, which belong to them and for which they hold all associated rights. Access to these companies’ sites confers no right to users.

18. Payment defaults
In the event of a payment agreement based on an estimate, any late payment shall result in the invoicing of all applicable late-payment penalties. Article L.441.6 of the French Commercial Code specifies that late-payment penalties are automatically due without the need for any reminder. These late-payment penalties shall be applied from the date on which the principal becomes payable until payment is effectively made in full. In accordance with the Loi de Modernisation de l’Economie (LME, French Modernization of the Economy Act), effective since 1 January 2009, the applied late-payment penalty is 3% per year. No partial invoicing contention of any kind can justify any failure to pay the entire service amount due, subject to the present Terms and Conditions. The only possibly admissible payment default would concern the amount of just such a contention, provided that this objection is objectively founded and communicated to the Service Providers via registered mail with acknowledgement of receipt.

19. Claims
Commercial claims or claims concerning the quality of furnished services must be addressed to the sales office. In order to be considered, all claims and contentions must be written and addressed to the Service Provider within 8 (eight) days following the service.

20. Applicable law
Only a French court of law shall be considered competent to settle any dispute or contention that should arise, and only French law shall apply. Only the Commercial Court of Bordeaux shall be considered competent to handle any possible commercial dispute.

 


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