1/ Designation of the
parties to the contract
CANOË LOCATION (canoe kayak
booking site in Ardèche) is the property of SAS Escapades
Provençales.
Manager and Webmaster of the site: Bruno
Ferrand, 2 chemin Saint Laurent, 07150 Vallon Pont d'Arc.
Registered
in the Avignon trade register under the number: 834 685 000.
The
client (canoe kayak renter).
The
client designates the adult person making the reservation.
Following
this reservation, a contract will be issued by the partner rental
company and will be given to the client for signature when the client
leaves for the activity.
ATTENTION : The client cannot be a
minor.
The client undertakes for himself and for the persons
for whom he has reserved a product (rental, activity, stay) to accept
and respect the present general conditions of sale.
The client
undertakes to inform the persons for whom he has made a reservation
of the content and commitments of these general and special
conditions of sale.
Protection of personal information.
In
accordance with the provisions of the Freedom of Information Act of 6
January 1978 amended by the Act of 6 August 2004 appended to the
present regulations relating to the protection of individuals with
regard to the processing of personal data, the lessee has a right of
access allowing him to correct or oppose the personal data collected
by the lessor concerning him.
Disputes
Any challenge to
the application or interpretation of these General and Special Terms
and Conditions of Sale shall remain within the jurisdiction of the
Commercial Court of Avignon.
These general terms and
conditions of sale are the translation of the French version. In the
event of a dispute, in the event that translation errors exist and
lead to a different interpretation of the French version; only the
general terms and conditions of sale of the French version will be
used and referred to.
2/Special conditions for
canoe and kayak hire
2-1/ Information prior to the
signature of the rental contract
A/ Age of the renters
and users of the equipment
Navigation and canoe and kayak rent
are regulated by French regulations. These regulations can be
reinforced by prefectoral or local decrees.
It is forbidden to
rent a canoe or kayak to a minor who is not accompanied by an
adult.
Special case: On certain rivers or in a specific
geographical area, local regulations may restrict the possibility of
renting (prefectoral or communal decrees...). For
example, in the Ardèche kayaking (etc)
with a child under the age of 7 is forbidden, unless
he is accompanied et supervised by a qualified instructor with
a French state diploma.
The renter
is responsible for the persons for whom he
has rented equipment.
B/ Required navigation skills
In
the case of non-respect of the following
clauses, no refund of the deposit will be
made, and the sums paid will be definitively acquired by CANOË
LOCATION.
Navigation is forbidden to people who cannot swim at
least 25 metres and immerse
themselves.
Adults or legal representatives for minors certify
that the minors have the ability to swim at
least 25 metres and to immerse themselves.
The legal
representatives for minors are their father, mother or tutors.
When the minor is not accompanied by one of these legal
representatives, any renter who wishes to
navigate with minors must be able to
present (at the time of picking up the equipment) for the latter, a
certificate from the legal representative, attesting to these
capacities.
CANOË LOCATION advises pregnant women against
canoeing and kayaking. On the day planned for the descent, she may be
refused permission by the partner rental
company to go down the river.
The renter
certifies that they have the physical capacity to carry out the trip
they intend to make.
The renter
declares and certifies by signing the rental contract that the
persons accompanying him and for whom he has rented equipment meet
the required navigational capacities listed above and that he has
checked the said required capacities with them.
C/ Civil
liability insurance
CANOË LOCATION is insured for
professional liability, guaranteeing its professional
responsibility.
CANOË LOCATION's partner rental company is
insured by a policy covering its civil liability (See on-site
posting).
The renter declares and
certifies by signing the contract that he and the persons he
authorises to use the equipment he has rented are insured by a policy
covering their civil liability.
D/ Accessories
CANOË
LOCATION and the rental partner are not responsible for vehicles
parked in the rental car parking.
2-2/
Purpose of the contract
A/ Equipment
The rental company
partner of CANOË LOCATION makes available to rent,
according to what is specified in the contract (nature and quantity)
:
- Boats: canoe or kayak
- Personal protective equipment:
buoyancy aids known as "life jackets" (which must be
worn).
- Equipment necessary for canoeing and kayaking:
paddles and waterproof containers (cans) to
carry the renter's personal belongings
during the descent.
All the equipment made available to the
renter is in good
working order and maintained in accordance with its destination and
the regulations.
The rental partner
of CANOË LOCATION informs and gives instructions for the use of the
rented equipment and keeps up-to-date the registers of monitoring and
control operations of the rented equipment.
B/ Conditions of use of the rented equipment
The rental agreement transfers custody of all the rented equipment to the renter for the entire duration of the rental.
The rental period begins when the renter takes possession of the equipment and ends when the renter hands it over to the rental company. A contradictory inventory will be made at the time of return between the two parties, i.e. between the renter and the lessor.
CANOË LOCATION and the partner lessor may not be held liable for damage caused to the renter, to the persons whom the renter has authorised to use the equipment rented by him, to third parties, to the renter's property and to that of the said persons, as a result of non-conforming use of the equipment rented by the renter or the said persons.
The watertightness of the canisters (waterproof containers) cannot be guaranteed by the lessor as it is subject to the closure by the user.
C/ Obligations of the renter relating to the rented equipment
The wearing of buoyancy aid(s) (also known as life jackets) throughout the descent is obligatory, it must be closed and fitted close to the body at all times, as soon as the renter is canoeing or kayaking.
CANOË LOCATION and the partner rental company are not responsible for the use of the rented equipment, in particular for navigation, nor for the closing, fastening and monitoring of bags, waterproof containers, the personal belongings of the renter and those who navigates with him.
The renter is fully responsible for all goods carried by himself and the persons for whom he has rented equipment. CANOË LOCATION and the partner lessor cannot be held responsible for the loss, theft or breakage of any property of the renter and those who sail with him, occurring during the descent.
The rented equipment is intended for the sole use of the renter without the possibility of subletting.
2-3/ Itineraries offered to renters
A/ Information on itinerary and conditions of navigation
CANOË LOCATION offers a range of descents. For each of them, it indicates the mileage, the average navigation time (excluding any stopping times), the navigation class, the place where the route starts and ends, the applicable regulations (navigation, traffic, environment), and the difficulties of these descents.
In the event of unfavourable meteorological or hydrological conditions, the lessor may refuse the rental, subject only to the reimbursement of the deposits paid.
B/ Choice of itinerary
The renter is free to choose the itinerary that suits him and the persons he authorises to use the equipment he has rented. The descent chosen by the renter is specified in the rental agreement.
The renter certifies that he and the persons he authorises to use the equipment he has hired have informed themselves of the regulations, difficulties and dangers of the descent they have chosen to take.
2-4/ The obligations of the renter relating to the descent
The lessor partner of CANOË LOCATION informs the renter about the regulations and signs applicable to waterways, navigation classes, land routes leaving the waterway, hydrological and meteorological data, conditions for crossing structures established on the waterway when such structures exist and emergency call numbers (Displays).
A/ General French regulations and regulations specific to the Ardèche concerning canoeing and kayaking.
Generally speaking, in France, navigation on a river is prohibited when :
- The air temperature is equal to or lower than 0°.
- In stormy weather or on weather alert.
- When the river rises and reaches its warning coast.
On certain rivers or well-specified geographical areas, specific regulations may exist (prefectural or local).
Example of the river Ardèche concerning the authorisation to practise Canoe Kayak according to water levels.
On the part between Vallon Pont d'Arc and Saint Martin d'Ardèche :
- The hiring of a canoe kayak is prohibited (unless the renter is supervised by a qualified instructor with a French state diploma) when the water level is higher than or equal to 0.50 m on the scale of the bridge between Vallon Pont d'Arc and Salavas.
On the part between Voguë and Vallon Pont d'Arc.
- The rental of a canoe kayak is prohibited (unless the renter is supervised by a qualified instructor with a French state diploma) when the water level is higher than or equal to minus 0.30 m on the scale of the bridge between Vallon Pont d'Arc and Salavas.
Special case of the part between Balazuc and Ruoms (which is included in the Voguë part at Vallon Pont d'Arc).
- Rental remains authorised for everyone up to the level of 0.10m on the scale of the bridge between Vallon Pont d'Arc and Salavas.
These levels can be consulted on the site Vigie Crue, Vallon Pont d'Arc resort. https://www.vigicrues.gouv.fr
Warning : Wearing closed shoes is compulsory (see prefectoral decree).
In France, the river levels can be consulted on the website: https://www.vigicrues.gouv.fr
B/ Loss/Surrender/Behaviour
The abandonment of any equipment on the course is forbidden. Any abandonment will be invoiced by the rental partner at the price of the rented equipment, plus the cost of repatriation services for the boat and persons, search costs will be invoiced and must be paid for without delay.
The loss of the equipment gives rise to additional invoicing to be paid without delay.
The renter undertakes not to deposit or leave any rubbish on the courses and to deposit it in a rubbish bin.
Damage to any public or private property on the plots bordering the river is prohibited, under penalty of the renter's contractual, civil or criminal liability.
The renter undertakes to be courteous and to respect the local residents and other users of the river.
The renter acknowledges that he has been informed of the special conditions under which the descent will be carried out.
3/ Additional services
The rental contract includes (if necessary) a transport service (depending on the case: driving to the place of embarkation or pick-up at the place of disembarkation). If the renter does not wish to benefit from this related service, he shall specify this when picking up the equipment.
4/ Rates and regulations for services
The price includes, for each ritinerary proposed by CANOË LOCATION, the equipment necessary for navigation and the transport service (if necessary).
Accessories such as neoprene wetsuits are invoiced in addition by the partner rental company (except if the latter, in view of the weather conditions, spontaneously offers a free loan of this equipment) as well as other services that may be requested by the renter (meals, accommodation, additional transport, supervision by a qualified instructor....).
The renter undertakes to pay the balance of all services before taking possession of the equipment, without discount.
The services without reservation or the balance due can be paid to the partner rental company by bank cheque, credit card or cash.
5/ Cancellation of canoe kayak rent
A/ In case of cancellation by the renter
Up to 5 days from the day of rental or the first day of rental, 30% of the total amount of the reservation remains due.
Cancellation less than 5 days before the rental day or the first day of rental, no refund of the deposit or the service will be made but the renter will have the possibility to postpone the service during the current season.
Special cases giving rise to a full and individual refund:
- Case of force majeure: death, hospitalisation, serious illness (on presentation of proof). Attention for groups, only the persons concerned will be reimbursed.
B/ In the case of cancellation by CANOË LOCATION or the partner rental company
- Weather alert orange or red: heavy rain, flooding (24-hour weather forecast).
- Flood duly noted (cf. prefectoral decree).
The renter will be fully reimbursed.
6/ Expenses in the case of loss or abandonment of equipment
Loss of equipment: Failure to return the rented equipment, for whatever reason, will result in the renter being invoiced for the full new value of this equipment at the public sale price, in addition to the cost of the rental, and payment will be made without delay.
7/ Appointment times and delays:
An appointment time is systematically communicated. For certain itinerary the departure may be delayed without consequence, but for long descent (over a day for example) or involving prior transport of participants, it is imperative that this schedule be respected.
In the case of too long a delay, the rental partner may, if possible, propose another time or date. If no alternative solution can be proposed, the rent will be cancelled without the renter being able to claim a refund of the deposit paid to CANOË LOCATION.
The renter reserving equipment on the CANOË LOCATION site, certifies that he has read the general and special conditions of sale if stated above and undertakes to inform the participants in his group of all the terms and conditions.