Article 1: Application of the Terms & Conditions of Sale
These General Terms and Conditions of Sale (GTC) apply to services related to the sale of services provided by the company LES BATEAUX MARSEILLAIS. The T&Cs are subject to the French law.
Any reservation implies full and unreserved acceptance by the Customer of these conditions, to the exclusion of any other document such as prospectuses, commercial documents, etc. These T&Cs and the associated contract form as a whole.
In the event of a contradiction between the provisions appearing in the contract signed by the Customer and those appearing in these GCS, the provisions of the contract prevail.
If the Customer intends to enforce his General Terms and Conditions of Purchase (GTC), and in the event of a contradiction between the provisions of the Customer's GTC and the provisions of these GTS or of the contract agreed between the Customer and LES BATEAUX MARSEILLAIS, the present provisions of the CGV and those of the contract prevail.
Article 2: Security
The Customer is informed that he is sailing on a commercial vessel. As such, he must comply with all requests made by the Captain of the vessel and his crew in regard of the safety of all persons and property.
The Customer agrees to not invite any person whose behavior is likely to harm LES BATEAUX MARSEILLAIS, the latter reserving the right to intervene if necessary. The Customer may not bring drinks or food on the boat.
The Customer agrees to ensure that the Participants and their guests respect all the instructions and regulations applied on board. The Customer will ensure that the Participants do not disrupt the operation of the vessel or affect the safety of the vessel and the persons on it.
In the event that LES BATEAUX MARSEILLAIS suffers damage from the Client or one of the Participants in the event, it may turn against the Client to obtain compensation for the damage suffered.
The Customer will be obliged to pay LES BATEAUX MARSEILLAIS for all the acts of the Participants it has invited; it is up to him to turn against the said Participant if necessary.
The general ban on smoking in trade fairs has been applicable in France since January 2, 2008 in all public places. The Client therefore agrees to remind the Participants of the above dispositions.
Article 3 : Boat change
In the event of force majeure, a technical problem on the ship or for any other reason, LES BATEAUX MARSEILLAIS reserves the right to board the Participants on another ship for services of the same nature, all the costs involved in the transfer remaining the responsibility of LES BATEAUX MARSEILLAIS (except in the event of force majeure), which cannot be sought in payment of any compensation.
Article 4: Evolution of the service for meteorological reasons
If the weather conditions during all or part of the service do not allow going out to sea, or if the Captain of the vessel is forced to follow a different route than that initially planned, the company LES BATEAUX MARSEILLAIS will not be required to pay any compensation.
Only the Captain of the ship has the power to decide to cancel the trip due to bad weather. In this specific case, a full refund will be made. The customer will be notified by email of the cancellation of the outing and its refund.
Article 5 : Booking organization
LES BATEAUX MARSEILLAIS provides the Customer with a commercial vessel on which services are provided.
The Customer is solely responsible for his choice of the services provided on the vessel and their suitability for his needs, so that the responsibility of LES BATEAUX MARSEILLAIS cannot be sought in this respect.
Once reserved, tickets are non-refundable, non-exchangeable, non-modifiable.
In the event of cancellation without notice from the Customer, LES BATEAUX MARSEILLAIS will not make any refund.
In the event of significant changes in the number of participants in the event, the Customer must inform LES BATEAUX MARSEILLAIS before the date of the event.
The Customer will not be able to obtain financial compensation from LES BATEAUX MARSEILLAIS in the event of modification of the boat initially planned.
Article 6: Overtime
The period of availability of the vessel(s) is contractually stipulated.
Any overtime that is not due to a cause external to the Client will be invoiced to him at the cost fixed in the estimate.
Article 7: Acceptation of the online contract
In accordance with the provisions of article 1127-1 of the Civil Code, the Customer must follow a series of steps to conclude the contract electronically in order to be able to place his order:
- Information on the essential characteristics of the Product
- Product Selection
- Indication of the Customer's essential contact details (identification, email, address, etc.)
- Acceptance of these Terms & Conditions of Sale
- Verification of the elements of the order and, if necessary, correction of errors. Before proceeding with his confirmation, the Buyer has the possibility of checking the details of his order, its price, and of correcting any errors, or canceling his order. Confirmation of the order will constitute the formation of this contract.
- Verification of instructions for payment, payment of products, then delivery of the order. The Customer will receive confirmation by e-mail of payment for the order, as well as an acknowledgment of receipt of the order confirming it.
The Customer will have the possibility during his ordering process to identify any errors made in the entry of data and to correct them. The language proposed for the conclusion of the contract is the French language by default.
The archiving of communications, of the order, of the details of the order, as well as of the invoices by LES BATEAUX MARSEILLAIS is carried out on a reliable and durable medium so as to constitute a faithful and durable copy in accordance with the provisions of article 1360 of the code. civil. This information can be produced as proof of the contract.
For delivered products, delivery will be made to the address indicated by the Customer. For the purposes of proper execution of the order, the Customer undertakes to provide his true identification elements.
LES BATEAUX MARSEILLAIS reserves the right to refuse the order, for example for any abnormal request, made in bad faith or for any legitimate reason.
Article 8: Terms of payment
The payment of each order can only be made in one payment, the amount of which corresponds to the choice of product and the number of participants by the Customer.
Only payments by credit card are accepted on the LES BATEAUX MARSEILLAIS website. the following bank cards are accepted:
- American Express
Bank charges related to the payment of invoices are the responsibility of the Customer.
The special provisions provided for in the contract derogating from the invoicing/payment terms set out in this article, as well as any request for subsequent modification of these terms, must be subject to formal acceptance by LES BATEAUX MARSEILLAIS.
Article 9: Cancellation and withdrawal period
In accordance with the provisions of Article L 221-5 of the Consumer Code, the Customer has the right to withdraw without giving any reason, within fourteen days of the date of receipt of his order.
The right of withdrawal can be exercised by contacting LES BATEAUX MARSEILLAIS in writing, using the contact page of the site. In the event of exercise of the right of withdrawal within the aforementioned period, the price of the product(s) purchased and the shipping costs will be refunded, the return costs remaining the responsibility of the Customer.
Article 10 : Price
The prices are expressed in euros and include VAT.
The prices appearing on the contract are given for a period expiring on the date of option.
Article 11: Photographic report – shooting of film or report
The Customer is requested to inform LES BATEAUX MARSEILLAIS beforehand of the possible presence of a photographer or a cameraman and is personally responsible for obtaining all the authorizations which may prove necessary.
Before any shooting of a film or report, the Customer must first request authorization to film or take pictures from LES BATEAUX MARSEILLAIS.
Otherwise, LES BATEAUX MARSEILLAIS will refuse access to the ship to the photographer or cameraman.
Article 12: Copyright
The Customer who wishes to broadcast music on the ships of LES BATEAUX MARSEILLAIS must ensure that all declarations and payment of all rights, in particular to SACEM and SPRE, for the broadcasting of musical works have been made.
The Customer will be held responsible for any rule breaking related to the use of these rights and also undertakes to bear all costs relating thereto.
Article 13 : Transport
It is specified that LES BATEAUX MARSEILLAIS does not provide any service related to the transport of Participants other than on the ship. It can therefore in no way be held responsible for problems related to the transport of Participants (delay, cancellation, etc.).
Article 14: Insurance – Deterioration – Breakage – Theft
The Customer is responsible of the custody of the goods and materials brought by him or the Participants, in particular the changing rooms, excluding the changing rooms supervised by the crew, outside the rented spaces. The Client certifies that he is insured with a solvent company to cover the pecuniary consequences of his civil liability and guarantee in particular the damage and risks related to the exercise of his profession and more generally, all claims caused to the vessel.
He agrees to maintain sufficient liability coverage throughout the duration of the service. In particular, the Customer is invited to take out specific insurance in the event of the presence of large equipment or valuable goods insofar as LES BATEAUX MARSEILLAIS cannot be held liable in the event of deterioration or theft of said goods.
The Customer is responsible for all damage caused by his intermediary (in particular by the Participants or their guests) and agrees to bear the costs of restoring these places in the event of deterioration of the places made available. Under no circumstances may the establishment be held liable for damage of any kind whatsoever, in particular fire or theft, likely to affect the objects or materials deposited by the Client or the Participants during the event subject of this reservation.
Any package delivered on the ship before and during the event may be received by LES BATEAUX MARSEILLAIS but under no circumstances may the latter be liable for any incident, any deterioration, incorrect number of packages, damaged packages, any delivery problem. The Customer undertakes in the event of a problem to contact the supplier or the carrier directly.
The Customer and its insurers waive all recourse against LES BATEAUX MARSEILLAIS, its staff and its insurers for any direct or indirect damage resulting from the total or partial destruction of all materials, movable objects, fittings, any valuables, goods, as well as deprivation or disturbance of use of the premises
Article 15: Personal Data
Each party agrees to comply with the applicable regulations relating to the protection of Data, and in particular, law 78-17 of January 6, 1978, known as "computing and freedoms", in with regard to the collection, use, processing, storage, transmission, correction, deletion and/or communication of any Data communicated under this contract throughout the entire duration of it.
The Parties agree to implement all appropriate technical and organizational measures to protect the Data against loss, improper use and unauthorized access, dissemination, alteration and destruction; the nature and level of these security measures must take into account the more or less sensitive nature of the Data. The Parties undertake to use the Data in all fairness and for the sole purposes hereof, subject of this contract (loyalty actions, commercial prospecting, satisfaction survey, etc.)
Article 16: Mandate
If the Customer contracts in the name and on behalf of a third party, he is deemed to have a legally valid mandate to do so. The Customer undertakes to inform LES BATEAUX MARSEILLAIS of the name of the end Customer as well as the name of the event organised.
At any time LES BATEAUX MARSEILLAIS may ask him to justify his mandate and, in the absence of a valid mandate, may terminate the contract without compensation and without prejudice to the damages that LES BATEAUX MARSEILLAIS may claim.
Article 17: Liability
The photos presented on the websites of LES BATEAUX MARSEILLAIS are not contractual. Even if all the best efforts are made so that the photographs, graphic representations and the texts reproduced to illustrate the ships presented give as accurate an overview as possible of the services offered, variations may occur, in particular due to changes in furniture or renovations. possible.
The Customer cannot claim any claim as a result.
LES BATEAUX MARSEILLAIS incurs no liability for any consequential damages as a result of these presents, in particular operating loss, acts of third parties, acts of the Customer or acts of its partners.
Article 18 : Force Majeure
The obligations contained herein will not be applicable or will be suspended if their execution has become impossible due to a case of force majeure such as in particular: act of public power, hostilities, war, act of Government, natural disaster, fire, flood , strikes without notice, ….
The parties must make every effort to prevent or reduce the effects of non-performance of the contract caused by an event of force majeure; the party wishing to invoke an event of force majeure must immediately notify the other party of the beginning and the end of this event, otherwise it cannot be relieved of its liability.
Article 19 : Modification
These T&Cs may be modified at any time. In this case, LES BATEAUX MARSEILLAIS will send the modifications to the Customer before the start of the services. From then on, the new version of the T&Cs will apply to relations between the Customer LES BATEAUX MARSEILLAIS.
Article 20: Complaints and disputes
Any disputes and complaints can only be taken into account if they are formulated in writing and sent to LES BATEAUX MARSEILLAIS within a maximum period of 8 days after the end of the event.
Article 21: Election of Domicile
All written communications between the parties (letters, notifications, etc.) must be sent to LES BATEAUX MARSEILLAIS, 12 rue Marignan 13007 Marseille.
Article 22: Applicable law and clauses
All the clauses appearing in these general conditions of sale, as well as all the purchase and sale operations referred to therein, will be subject to French law.
The nullity of a contractual clause does not entail the nullity of these general conditions of sale.