GENERAL TERMS AND CONDITIONS OF SALE

GENERAL TERMS AND CONDITIONS OF SALE (GTCS) for canoe and kayak rentals

I – Purpose of the canoe and kayak rental contract
The purpose of the canoe and kayak rental contract (the contract) is to provide equipment and facilities for the practice of water sports, under the conditions specified in these general terms of sale (GTS) and the special conditions for the rental of canoes and kayaks (CPLCK).

II – Parties to the canoe and kayak rental contract
The parties to the contract are :

1) The renter: The SARL BALAZUC LOISIRS with a capital of 14.000
euros – SIRET: 511 642 217 000 18 – RCS Aubenas:
B 511 642 217 – N° VAT FR21511642217, 78 impasse des salles –
07120 BALAZUC, +33 4 75 37 73 32 or + 33 6 89 43 72 33, e-mail :
contact@balazuc-loisirs.com

2) The tenant: The person who accepts the contract for himself and the persons who accompany him on the day of the realization of the service provided for in the contract (depending on the case:
members of his family, his friends, the persons who are placed under his authority).
In the case of rental for group practice, the hirer undertakes to inform the members of said group of all the obligations contained in the contract (GTC and CPLCK).
The reservation by the renter with the rental company implies that he/she has read the general sales conditions and the special conditions for the rental of canoes and kayaks and accepts all the clauses without reservation.

III – Prices and payment terms
For the course chosen by the hirer, the unit cost per person includes a buoyancy aid vest and a paddle per participant; the canoe(s) and/or kayak(s), the canister(s), the helmet(s) desired by the hirer.

Reminder : Helmets are legally required only from Class III.

At the time of the finalization of the choices made by the renter at the time of the signature of the contract, the type and quantity of the materials and equipment ordered are specified and an invoice indicating the total price to be paid by the renter will be given to him.
The price includes, for each route proposed by the lessor and per person, the material and equipment necessary for the navigation.
The contract includes a free parking service and a shuttle service. The Hirer is not responsible for the parked vehicles or for the belongings inside them and does not accept that the Hirer’s personal belongings are entrusted to him.

– The rates per course offered by the rental company are as follows:

The Mini 1 – Class II – 6 km- 2 h
Canoe 2/3 places
23 € /pers
Kayak 1 place
28€ /pers
The Mini 2 – Class II – 8 km- 2 h30
Canoe 2/3 places
23 € /pers
Kayak 1 place
28€ /pers
La Classique – Classe II – 14 km – 4 h
Canoe 2/3 places
28 € /pers
Kayak 1 place
33€ /pers
La Super- Classe II – 18 km – 6 h
Canoe 2/3 places
35 € /pers
Kayak 1 place
40 € /pers
Canoe 2/3 places
Kayak 1 place
The Mini 1 – Class II – 6 km- 2 h
23 € /pers
28€ /pers
The Mini 2 – Class II – 8 km- 2 h30
23 € /pers
28€ /pers
The Classic – Class II – 14 km – 4 h
28 € /pers
33€ /pers
La Super- Classe II – 18 km – 6 h
35 € /pers
40€ /pers

Breakage or damage to equipment will result in additional payment: 300 € per boat; 35€ per paddle; 40€ per vest; 40€ – per canister; 30€ per helmet
In case of loss, abandonment or theft, the equipment concerned will be reimbursed by the hirer to the rental company, at the amount of its value.

-The terms of payment are as follows:
The tenant commits himself to pay the amount or the balance of the whole of the services before the taking possession of the rented material.
The hirer agrees to pay the aforementioned deposit before taking possession of the rented equipment. It will be restored, deduction made of the tariffs envisaged for the breakage or the damage, except in the event of loss, of abandonment or theft.
The tenant commits himself paying to the hirer the amount of the damaged, lost, abandoned or stolen material according to the rates specified above.
The overtaking of the hour of return envisaged, is invoiced at the unit cost of 20 € per person.
Deposits at the time of booking (by e-mail, telephone, fax or mail) can be paid by ANCV cheque, bank transfer or cash. The services without reservation or the balance due can be paid by check, cash, ANCV, credit card.

IV – Option to make a reservation in advance
The hirer has the option of making a prior reservation. This reservation makes it possible to anticipate the order (date, time, course, volumes) but does not replace the stage of finalization and signature of the contract before the departure at the head office of the hirer.

V – Date of execution of the contract
The parties undertake to carry out the contract :
1°) either immediately at the agreed time, on the day when the hirer comes to the lessor, without prior reservation
2°) or at the date and time chosen by the hirer, if he/she has used his/her reservation option
In both cases, subject to weather or water conditions that prevent the contract from being fulfilled.
In case of immediate conclusion of the contract (1°), the hirer has no right of withdrawal. In the case of a reservation (2), the hirer only has a right of withdrawal if the reservation was made 14 full days before the planned date of the service. If he exercises this right, the hirer shall do so in writing, addressed to the lessor before the expiry of the required period.

VI – Cases and modalities of postponement or cancellation
When meteorological or hydrological conditions prevent the realization of the service, the hirer reserves the right to cancel the service. He proposes the postponement of the latter to the hirer. If the postponement is not possible, the service is cancelled. It is proceeded to the refunding of the deposits possibly paid by the tenant.
In the event of cancellation by the hirer and with the exception of the particular cases mentioned below, no refund of the deposit or service will be made but the hirer will have the possibility of postponing the service during the current season.
Special cases giving rise to a full refund:
-death, hospitalization, serious illness (upon presentation of proof).
Attention for the groups only the concerned persons will be refunded.
-orange or red weather alert: rain, flooding ; (24 hours weather forecast)
-flooding duly noted on the scale of Salavas (cf. prefectural decree in force)

VII – Guarantees of the tenant
The tenant benefits from the guarantee provided for in article 1721 of the Civil Code. (The lessee is guaranteed for all the defects of the rented property which prevent its use, even if the lessor did not know about them at the time of the lease. If these defects result in any loss for the lessee, the lessor is obliged to compensate him)

VIII – Insurance
The lessor has taken out the insurance prescribed by article L 321-1 of the Code du sport and under the conditions required by articles D 321-1 to 5 of the same Code. The certificate of this insurance is posted in the premises of the hirer. The hirer must have taken out a private life liability insurance policy that is
valid on the day of the rental.

IX – Data protection
For any processing of personal data carried out in connection with this contract, the parties shall strictly comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data. The lessor processes the lessee’s personal data for archiving purposes only and for the purpose of contractual or advertising relations towards the lessee. With the exception of the competent authorities and if required by law or regulation, the parties are not allowed to distribute their personal data and to allow any third party to use them.

X – Mediation, Applicable Law
The present contract is subject to French law. For the execution of the present contract and in particular for the service of all documents, the lessor elects domicile at the address given above. 21
The hirer has a free, confidential and optional recourse to the mediator. However, before referring to the mediator or any jurisdiction, the hirer must justify having tried to resolve the dispute directly with the lessor by a written complaint.

Any claim must be sent by the hirer by registered mail with acknowledgement of receipt to the company SARL Balazuc Loisirs, 78 impasse des Salles 07120 BALAZUC. SARL Balazuc Loisirs undertakes to reply to the tenant within 30 days.
The mediator is the Fédération des entreprises du commerce et de la distribution – 12, rue Euler 75008 Paris.
In case of dispute or persistent disagreement, the competence is attributed to the commercial court of Aubenas.

GENERAL TERMS AND CONDITIONS OF SALE (GTCS) for cycle rental


I – Purpose of the bicycle rental contract
The purpose of the cycle rental contract (the contract) is to provide equipment and facilities for the practice of cycling, either for the realization of a cycling course proposed by the renter or for free practice, under the conditions specified in these general terms and conditions of sale (GTCS) and the special conditions of cycle rental (CPLC).

II – Parties to the cycle rental contract
The parties to the contract are :
1) The renter: The SARL BALAZUC LOISIRS with a capital of 14,000 euros – SIRET:
511 642 217 000 18 – RCS Aubenas:
B 511 642 217 – N° VAT FR21511642217, 78 impasse des salles – 07120 BALAZUC,
+33 4 75 37 73 32 or + 33 6 89 43 72 33, e-mail : contact@balazuc-loisirs.com
2)The tenant : The person who accepts the contract for himself and the persons who accompany him the day of the realization of the service envisaged with the contract (according to the case: the members of his family, his friends, the persons who are placed under his authority).
The hirer undertakes to inform the persons accompanying him/her of all the obligations contained in the contract (GTC and CPLC).
The reservation by the hirer with the rental company implies having read the general terms of sale and the special conditions of cycle rental and accepting without reservation all the clauses.

III – Price and payment terms
For the service chosen by the hirer, the unit cost per person, with a difference between adults and children, defined with regard to the particular conditions of cycle rental (CPLC) includes a cycle, a high visibility vest, a lock, depending on the case, a helmet, possibly a basket.
Reminders: Wearing and attaching a helmet is legally required for child passengers and drivers up to the age of 12. The establishment imposes special obligations for the wearing of helmets, which are set out in the special conditions for cycle hire (CPLC):
For rentals on the Greenway route, the rental company makes it mandatory for children between the ages of 12 and 18 to wear and fasten a helmet. For free rental, without a route defined by the renter, the renter makes it mandatory for children between 16 and 18 years old to wear and fasten a helmet.
For adults, in all cases, the rental company strongly recommends the wearing and attachment of a helmet and offers it to them.
The establishment imposes specific rules for safe driving with children, which are set out and specified in the special conditions for bicycle rental (CPLC): In all cases, the rental company prohibits the rental to minors who are not accompanied by an adult. The age limit for children allowed to be drivers is set at: 12 years for the Greenway route; 16 years for free rental.
At the time of the finalization of the choices made by the tenant at the time of the signature of the contract, the type and the quantity of the materials and equipment ordered are specified and an invoice which will indicate the total price to be paid by the tenant, will be given to him.
The contract includes as an accessory and free of charge a parking service and a shuttle service, only from Ruoms to Balazuc, for the only route on the Green Way proposed by him. The hirer is not responsible for the parked vehicles, for the belongings inside them and does not accept that personal belongings of the tenant are entrusted to him.

-The Hirer offers a rental for a route that takes place on the Voie Verte “Via Ardèche”, under the conditions specified by the special conditions of cycle rental (CPLC). The rates for this route are as follows:

½ day
Classic bikes
15 € /pers
Electric bikes
40€ /pers
1 Day
Classic bikes
20 € /pers
Electric bikes
45 € /pers
Greenway route Via Ardèche – 25 linear km
Classic bikes
Electric bikes
½ day
15 €
40 €
Day
20 €
45 €

-The rental company offers equipment for routes freely determined by the hirer, under the conditions specified in the particular conditions of cycle rental (CPLC). The rates are as follows:

Equipment rental
Classic bikes
Electric bikes
½ day
15 €
40 €
Day
20 €
45 €
½ day
Classic bikes
15 € /pers
Electric bikes
40€ /pers
1 Day
Classic bikes
20 € /pers
Electric bikes
45 € /pers

The tenant pays a deposit of 200€.
Breakage or damage to the equipment will result in additional payment :
200€ per classic bike; 1500€ per electric bike; 20€ per helmet; 15€ per lock; 35€ – per seat/children
In case of loss, abandonment or theft, the equipment concerned will be reimbursed by the hirer to the rental company, at the amount of its value.

-The terms of payment are as follows:
The tenant commits himself to pay the amount and/or the balance of the whole of the services.
The hirer agrees to pay the above-mentioned deposit before taking possession of the rented equipment. The deposit will be returned at the end of the rental period, after deduction of the fees for breakage or damage, except in the case of loss, abandonment or theft.
The tenant commits himself paying to the hirer the amount of the damaged, lost, abandoned or stolen material according to the rates specified above.
The overtaking of the hour of return envisaged, is invoiced at the unit cost of 20 € per person.
Deposits at the time of booking (by e-mail, telephone, fax or mail) can be paid by ANCV cheque, bank transfer or cash. The services without reservation or the balance due can be paid by check, cash, ANCV.

IV – Option to make a reservation in advance
The hirer has the option of making a prior reservation. This reservation allows to anticipate the order (date, time, route, volumes,…) but does not replace the step of finalization and signature of the contract before the departure at the head office of the renter.

V – Date of execution of the contract
The parties undertake to carry out the contract :
1°) either immediately at the agreed time, the day when the hirer presents himself to the lessor, without prior reservation
2°) or at the date and time chosen by the hirer, if he/she has used his/her reservation option
In both cases, subject to weather or water conditions preventing the realization of the contract.
In case of immediate conclusion of the contract (1°), the tenant has no right of withdrawal. In the case of a reservation (2), the hirer only has a right of withdrawal if the reservation was made 14 full days before the planned date of the service. If he exercises this right, the hirer shall do so in writing, addressed to
the lessor before the expiry of the required period.

VI – Cases and modalities of postponement or cancellation

When weather conditions prevent the realization of the service, the hirer reserves the right to cancel the service. He proposes the postponement of the latter to the hirer. If the postponement is not possible, the service is cancelled. It is proceeded to the refunding of the deposits possibly paid by the tenant.
In the event of cancellation by the hirer, and with the exception of the particular cases mentioned below, no refund of the deposit or service will be made but the hirer will have the possibility of postponing the service during the current season.

Special cases giving rise to a full refund:
-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: storm, violent wind (24 hour weather forecast)

VII – Guarantees of the tenant
The tenant benefits from the guarantee provided for in article 1721 of the Civil Code. (The lessee shall be guaranteed for all defects of the leased property that prevent its use, even if the lessor was not aware of them at the time of the lease.
If these defects result in any loss for the lessee, the lessor is obliged to compensate him)

VIII – Insurance
The lessor has taken out the insurance prescribed by article L 321-1 of the Code du sport and under the conditions required by articles D 321-1 to 5 of the same Code. The certificate of this insurance is posted in the premises of the hirer. The hirer must have taken out a private life liability insurance policy that is valid on the day of the rental.

IX – Data protection
For all processing of personal data carried out in connection with this contract, the parties shall strictly comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such
data. The lessor processes the lessee’s personal data for archiving purposes only and for the purpose of contractual or advertising relations towards the lessee.
With the exception of the competent authorities and if required by law or regulation, the parties are not allowed to distribute their personal data and to allow any third party to use them.

X – Mediation, Applicable Law
The present contract is subject to French law. For the execution of the present contract and in particular for the service of all documents, the lessor elects domicile at the address given above.
The hirer has a free, confidential and optional recourse to the mediator.
However, before referring to the mediator or any jurisdiction, the hirer must justify having tried to resolve the dispute directly with the lessor by a written complaint.

Any claim must be sent by the hirer by registered mail with acknowledgement of receipt to the company SARL Balazuc Loisirs, 78 impasse des Salles 07120 BALAZUC. SARL Balazuc Loisirs undertakes to reply to the tenant within 30 days.
The mediator is the Fédération des entreprises du commerce et de la distribution – 12, rue Euler 75008 Paris.
In case of dispute or persistent disagreement, the competence is attributed to the commercial court of Aubenas.