GENERAL RULES DEFINING THE GENERAL RENTAL CONDITIONS
Reservation hire kayaks or canoes benefits implies having read and adhere without reserv e the general conditions set out below.
A rental contract will be signed by the applicant hereinafter referred to as ” the tenant ” before the equipment is made available.
GENERAL : The company SARL BALAZUC LOISIRS with the commercial sign “ BALAZUC LOISIRS ” organizes the practice or the teaching of canoeing in respect of the technical and safety guarantees as specified by the order of May 4, 1995. People can rent canoes must be over 18 years old. Minors over 12 years old may use the rented equipment alone in the presence of a parent or a legal representative. Children under 12 are supervised or accompanied. Practitioners major or their legal representative for minors attest to their ability to be able to swim at least 25 meters and be able to immerse themselves or present a certificate issued by a qualified authority. In the event of unfavorable weather or navigation conditions, SARL BALAZUC LOISIRS under the “ BALAZUC LOISIRS ” sign reserves the right to cancel any service by reimbursing the customer. Of all the crew members, only one name will appear on the rental agreement. This person will become the group leader. Any other unauthorized person will not be covered by BALAZUC LOISIRS insurance. Canoes or kayaks can be hired for at least half a day with payment at the time of booking at the latest. Canoes are rented for use by a maximum of 3 people (2 adults and 1 child aged 7 to 12). The lessor undertakes to provide equipment in good navigational condition observed jointly and contradictorily upon removal. The return of the equipment to the rental premises, namely to BALAZUC LOISIRS will be the responsibility of the tenant who is responsible for said as soon as it is in his possession, that is to say as soon as he has the keep. Therefore a contradictory inventory will be made during the return between the two parties, namely between the tenant and the lessor.
EQUIPMENT : Materials and equipment comply with current regulations and must be well maintained. The practitioners are individually equipped with a safety vest meeting the conditions provided for in appendix 2 of the decree of May 4, 1995 ; they must wear closed lifejacket tou t time, once the canoe is in the water. The rented equipment is intended for the sole use of the tenant without the possibility of subletting or lending even free of charge. Laptops, cameras as well as any material or object fearing water must imperatively be protected by an adequate cover, the container is just a container and does not in any way justify sufficient protection from the passage of water. BALAZUC LOISIRS declines all responsibility in the event of damage, loss or theft.
APPLICATION AND PAYMENT : The deposit of a deposit may be requested and amounts to the sum of 500 €. The degradation whatever the cause will give rise and this, in addition to the cost of the hiring, to the payment of the expenses of replacement and / or restoration in the maximum limit of the value in the new state of the material. Failure to return the rented equipment, for whatever reason, will result in the customer being billed for the full value in new condition of this equipment at the public selling price, in addition to the cost of the rental. . The rental invoice is payable no later than the day the equipment is made available. Any rental extension will be billed on the basis of the price / day. Canoes and kayak s are under the responsibility of the tenant. Bodily or material damage or accidents caused by their use as by that of third parties will not be covered by BALAZUC LOISIRS. The boats are not insured against theft, so in the event of non-return, the deposit paid by the tenant for this purpose will be retained in this case. The deposit will be paid in cash or by check payable to SARL BALAZUC LOISIRS or by credit card.
INSURANCE : SARL BALAZUC LOISIRS, whose trade name is BALAZUC LOISIRS has taken out an insurance contract covering its civil liability, that of its employees, practitioners and third parties for damage for which SARL BALAZUC LOISIRS could be held responsible. SARL BALAZUC LOISIRS recommends that people renting equipment ensure that they are covered by individual liability insurance for the activity practiced.
USE OF THE RIVER : In the presence of fishermen, users, the tenant agrees to pass on the opposite bank in the greatest calm. The tenant undertakes to respect the fauna and flora which are on classified sites. It is forbidden to make fires in the Gorges de l’Ardèche. The tenant must check that the passage is free before entering the rapids and leave a safe distance between the boats. In the event of a change in the water level or in the particular meteorological and hydrological conditions of which he is the sole judge, the lessor may refuse the removal of the boats reserved by the lessee without notice, subject only to the reimbursement of the deposits paid.
GENERAL RENTAL CONDITIONS TO BE TALKED BY
Article 1 : General conditions
The lessor, namely SARL BALAZUC LOISIRS to the commercial sign BALAZUC LOISIRS hereby declares to transfer custody of the equipment made available to the lessee who accepts the following, namely that :
- Equipment rental is granted for a period and a number of people per boat specified in the contract.
- The use of the rented equipment must remain within the framework of a calm river descent of class II.
The tenant declares :
- Maintain the equipment placed at its disposal in good condition for the duration of the rental so as to return it in the same condition as it was entrusted to it.
- Undertakes to pay the damage caused to the equipment in the event of misuse or abnormal degradation, according to the price estimated by the repair shop of the lessor.
- Be covered by civil liability insurance.
- Undertakes not to abandon his boat, vests, neoprene suits, windbreakers, paddles and containers, undertakes to pay for lost or abandoned equipment as well as the costs of researching said equipment.
The lessor declares to be insured in this capacity against the consequences of civil liability under articles 1147 (contractual liability) and 1382 (tort liability), 1386 of the Civil Code and 1397 (articles of law annexed to these regulations). The lessor is not responsible for parked vehicles, nor for objects entrusted to him. The lessor does not guarantee the tightness of the loaned containers, this being subject to proper closure by the users.
1-2 OBLIGATIONS OF THE CO-CONTRACTORS :
Obligations of the lessor : The lessor undertakes :
- Do not rent boats to any single minor under 12 years of age unless the latter is accompanied by an adult.
- To have each participant certify on their honor the fact of knowing how to swim for 25 meters and being able to immerse themselves (certificate of which attached model)
- To inform the tenant of all of his obligations described precisely above.
Obligations of the tenant : The tenant undertakes for himself as well as possibly for all the participants he represents :
- That everyone can swim for 25 meters and be able to submerge.
- That each person wear a buoyancy aid and shoes without laces or closed straps during the whole period of navigation. The vests must be worn closed.
- To return in their original state to the lessor all the equipment covered by this rental.
- To have taken out a private civil liability contract valid on the day of rental.
- Not to have any physical contraindication to the practice of the activity offered by BALAZUC LOISIRS.
- To have read the rules of rental conditions made available by the lessor describing among other s , challenges and regulations relating to the course.
The tenant refrains from :
- To sail with a child under 7 years old or minimum age according to the regulations and specific local administrative provisions.
- To abandon its nautical equipment and its rubbish on the course as well as to enter the private properties along the course to which access is prohibited.
ARTICLES 2 : Special conditions
SARL Balazuc Loisirs is not responsible for the conditions under which the tenant uses his equipment. It informs the tenant of the particular conditions indicated below relating to the use of said nautical equipment of which the tenant acknowledges having been informed and that he undertakes to respect :
- Use of the equipment by children under 12 years old can only be accompanied by an adult or an instructor.
- The tenant must be aware of his technical and physical capacities to complete the planned routes. Indeed the SARL Balazuc Loisirs particularly draws the attention of the tenant of the extent of the real physical effort that certain courses represent.
- The use of a canoe-kayak implies a certain mastery of navigation. BALAZUC LOISIRS reserves the right to prohibit the departure on a hike to any client that it considers incapable of being able to complete the route taken.
- Tenants traveling on routes not offered or private will do so at their own risk and peril and will not be covered by BALAZUC LOISIRS insurance and, consequently, will be considered solely responsible for their actions.
- It is forbidden to leave anything in the Gorges de l’Ardèche and to bring back everything in terms of rubbish on arrival at the BALAZUC LOISIRS premises.
ARTICLE 3 : Special conditions relating to the group rental of nautical equipment
In the case of rental for group practice, the obligations contained in this contract are only enforceable against its signatory. The tenant undertakes to inform the members of the said group of the obligations contained in the contract.
ARTICLE 4 : General conditions for carrying out ancillary services
4-1 The lessor transports the material and the people under the conditions indicated in the contract .
4-2 The provision of cartographic documents concerning possible and possible nautical routes is purely indicative. This supply does not exempt the tenant from the obligation incumbent on him to inform himself about any regulations, as well as the difficulties that may be present on the routes and that he plans to perform.
ARTICLE 5 : Reservation – Cancellation
Only reservations or cancellations confirmed by phone or internet will be taken into account . The reservation becomes effective upon receipt by BALAZUC LOISIRS of a deposit payment by check, cash or payment by credit card. For any cancellation occurring less than 24 hours before the scheduled service, the deposit or payment will be cashed and not refunded. A credit note or a subsequent deferral will be proposed.
For any late reservation made by telephone and without a deposit, the equipment will not be immobilized beyond the agreed time. In the event of inclement weather or various events that could affect the practice of Balazuc Loisirs activity, the latter reserves the right to cancel and propose a postponement of the reservation, as specified above. considered subject to future availability during the current season.
Payment for the entire service must be settled at the latest on boarding.
For any complaint the tenant has the possibility to contact the company SARL Balazuc Loisirs at the commercial sign ” BALAZUC LOISIRS ” :
- by email to the following address : firstname.lastname@example.org
- by mail : BALAZUC LOISIRS 78 impasse des Salles 07120 BALAZUC
SARL Balazuc Loisirs undertakes to respond to the tenant within 30 days.
These conditions of online sale are subject to French law. In the event of a dispute or persistent disagreement, jurisdiction is assigned to the Aubenas Commercial Court.
RIGHT TO RETRACT
In application of article L. 221-28 . From the Consumer Code, the right of withdrawal cannot be exercised for contracts :
[…] 12 ° Provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which must be provided on a date or at a fixed period.
Consequently, the services ordered on the site are exclusively subject to the cancellation and modification conditions provided for in these General Conditions.
PROTECTION OF PERSONAL DATA :
In accordance with the law info rmatique of 6 January 1978 amended by Law of 6 August 2004 annexed to this Regulation , relati ve to the protection of individuals with regard to the processing of personal data, the tenant enjoys ” a right of access allowing him to rectify or oppose the personal data collected by the lessor concerning him. It is sufficient to make the request in writing, indicating the names, first names and address.
The reservation of equipment with SARL Balazuc Loisirs under the BALAZUC LOISIRS brand implies having read the general rental conditions above and accepting all their clauses without reservation.