Legal notice

Terms and conditions

General Terms and Conditions of Sale

Booking our activities automatically implies the acceptance of the following General Terms and Conditions of Sale:

These General Terms and Conditions of Sale are concluded, on the one hand, by the company VERDON CANOE, whose Head Office is located at: Chemin de l’Estay 83630 Aiguines, France, registered in the Draguignan Trade and Companies Register under number 829 045 442, hereinafter referred to as "VERDON CANOE" or "the Lessor" and, on the other hand, by any natural or legal person wishing to make a purchase via the website www.verdoncanoe.com, hereinafter referred to as the "purchaser" or "the Lessee".

As well as being able to book via our website, our customers can come directly to our rental site to rent a canoe/kayak. They will be put on a waiting list, depending on the number of customers that day.

Our website and General Terms and Conditions of Sale have been translated for your convenience. However, the French version shall be regarded as the official version in the event of a dispute.

Purpose

These General Terms and Conditions of Sale set out the contractual relations between VERDON CANOE and the purchaser, and specify the conditions applicable to all purchases made via the commercial website www.verdoncanoe.com, regardless of whether the purchaser is a professional or a consumer. Acquiring products or services via this website automatically implies the unconditional acceptance of these General Terms and Conditions of Sale by the purchaser. These General Terms and Conditions of Sale shall prevail over any other general or special conditions that have not been expressly agreed by VERDON CANOE. VERDON CANOE reserves the right to modify its General Terms and Conditions of Sale at any time. In this case, the conditions that apply shall be those in force on the date the purchaser places the order.

Characteristics of the products and services proposed:

The products and services offered are those described on the www.verdoncanoe.com website. These products and services are offered subject to available stocks, without exceeding 12 people per order and per contract taken out. The photographs of the site are as accurate as possible but cannot ensure complete similarity with the product offered, particularly in terms of colours, numbers of people present, water or sunshine.

Online bookings:

The only way to book a canoe/kayak is to do so via our website at www.verdoncanoe.com. You are required to pay 100% of the price when you make the booking. These products and services are offered subject to available stocks, without exceeding 12 people per order and per contract taken out. Available stocks may vary, even at the last moment, depending on the number of customers that day and any modifications and cancellations. On the date of registration, purchasers must be 18 years old or over and must complete the registration form with valid information and contact details. A confirmation e-mail (confirming your choice of activity, the date and time of the activity, the receipt of your payment, a recap of the equipment included and the things to remember is systematically sent to you. The meeting point is always the same: Plage du Galetas 83630 Aiguines.)

Cancellations, modifications and compliance with original programme:

All requests concerning cancellations and modifications must be sent by e-mail to verdoncanoe@gmail.com. The date and time indicated on your e-mail shall be considered to be the actual date and time of said request.

Concerning you:

Cancellation:

- All cancellations shall incur the following:

   When a cancellation is made at least 24 hours before the start of the activity, the price of the activity will be refunded, minus €2 (for an early cancellation).

   When a cancellation is made less than 24 hours before the start of the activity, the price of the activity minus €5 (late cancellation fee) will be refunded.

The cancellation will be systematically confirmed in an e-mail sent to the lessee. Only the receipt of this e-mail will release the lessee from the current booking.

 Modifications:

The following are considered as requests for modifications: all requests made after the payment of your activity that involve changes to dates, times, activities, the number of participants and types of canoes/kayaks.

Whatever the reasons, requests for modifications must be e-mailed to: verdoncanoe@gmail.com; at least 24 hours before the initially scheduled time of departure indicated on the current booking. Following your request, we shall work together to try to reschedule your activity during the current season, subject to available stocks.

The modification will be systematically confirmed in an e-mail sent to the lessee. Only the receipt of this e-mail will release the lessee from his/her previous booking.

If the request is not made at least 24 hours before the initially scheduled time of departure, it will not be possible to make any modifications. The purchaser will have to cancel the activity and €5 for a late cancellation fee will be deducted from the refund. The purchaser can then make another booking if he/she wishes.

The first two modifications are included in the offer but over and above this, each request will incur an extra charge of €3 (for repeated modifications).

If this modification leads to a higher price, the difference must be paid at our reception desk before departure, or by Bank Card on our website.

If the modification leads to a lower price, VERDON CANOE will make a refund.

Complying with the set programme:

You are always given a specific time and meeting point. Failure to comply with the set programme will inevitably result in a modification or even cancellation.

Out of respect for other lessees and to avoid disrupting activities, no delays can be tolerated. You must arrive at our boarding area at the Plage du Galetas 83630 Aiguines at least 20 minutes before the time of departure. This period of time will allow VERDON CANOE to confirm your presence for the activity, provide the appropriate equipment, give you the latest information and advice.

Please do your utmost to arrive at the right meeting point on time. Car journey times indicated by us and by your Sat Nav are given as estimates and cannot be the subject of any dispute.

Concerning VERDON CANOE:

Cancellation:

It is difficult, or even impossible, to be certain of the weather, water and wind conditions in advance. Therefore, if your canoe/kayak lessor or the rescue services consider that the conditions are unsafe for participants, VERDON CANOE reserves the right to cancel the outing, even at the last minute. In this case, we apologise but please remember that your safety is a priority for us.

In this specific case, you will be given a full refund and no additional compensation shall be due.

Modifications / complying with set programme:

Several factors can lead to modifications:

    Weather, water and wind conditions along the itinerary: if your canoe/kayak lessor or the rescue services consider that the conditions are unsafe for participants or that the trip cannot be made in good conditions, VERDON CANOE reserves the right to modify the programme set previously (different itinerary, different times, etc.). You shall be consulted beforehand and will be able to decide whether or not to accept these changes. If you agree to these modifications, you will be refunded any difference in the price of the trip and no additional compensation shall be due.

  Some purchasers do not always keep to the time schedule; this can disrupt the flow of arrivals and departures and thus modify the boarding times of the next purchasers. We do our utmost to ensure that this remains exceptional and the canoe/kayak lessor cannot in any event be held responsible. You shall be consulted beforehand and will be able to decide whether or not to accept these changes. If you agree to these modifications, you will be refunded any difference in the price of the trip and no additional compensation shall be due.

If the purchaser does not agree to the changes proposed (another date/time slot, another type of canoe/kayak during the current season) and if the trip cannot be made, the amount paid will be refunded in full and no other compensation can be claimed.

Prices

The prices indicated on the www.verdoncanoe.com website are inclusive of tax and in euros. VERDON CANOE reserves the right to change its prices at any time but the purchaser shall be charged the price indicated in the catalogue on the day the order is placed. The prices indicated include the processing fees, excluding any costs related to a modification/cancellation requested by you.

Orders

Purchasers who wish to buy a product or service must:

* fill in the online form, giving all the details of the products or services chosen

* fill in the identification form, giving all the contact details required

* read these General Terms and Conditions of Sale

* confirm their order after checking it

* make the payment. This payment shall be deemed to be confirmation of the order.

The confirmation of the order implies acceptance of these General Terms and Conditions of Sale and the special renting conditions below, acknowledgement of them and renunciation to one's own terms of purchase or other conditions. All the information provided and the registered confirmation shall be deemed as proof of the transaction. The confirmation shall be deemed to be a signature and an acceptance of the operations carried out. The vendor shall e-mail a confirmation of the registered order.

Payments

A full payment is required when the order is placed. Payments shall be made by Bank Card; they shall be made through the Stripe.com payment system which uses the SSL (Secure Socket Layer) protocol that encrypts the information transmitted so that no third party can access it while it is being conveyed on the network.

Stripe is a secure web payment infrastructure (with PCI Level 1 certification, i.e. the highest level of security) and it is very efficient. It allows our customers to pay by simply using their Bank Card number without leaving the Web Application.

The purchaser's account will be debited as soon as the order is confirmed.

Deliveries

Deliveries are made via the internet to the e-mail address indicated in the purchase order. The delivery consists of a confirmation of the order and must be presented on the day of the activity together with the purchaser's ID. Canoe/kayaks can also be rented at the rental site; depending on the equipment available, customers will be offered a canoe/kayak immediately or put on a waiting list.

Responsibility

In the online sales process, the lessor only has an obligation of means; it cannot be held responsible for damages arising from the use of the Internet such as loss of data, intrusion, viruses, disruption of service or any other inadvertent problems.

Intellectual Property

All the components of the www.verdoncanoe.com website are and remain the exclusive intellectual property of VERDON CANOE.

No one is allowed to reproduce, employ or redistribute any part of the website's software, visual or audio components or use them for any other purpose. Any simple or hypertext link is strictly forbidden without express written agreement of VERDON CANOE.

Withdrawal:

We wish to inform you that in accordance with article L. 121-20-4 of the Consumer Code, not all the services proposed are subject to the application the right of withdrawal set out in L. 121-20 et seq. of the Consumer Code related to distance selling.

Consequently, the services ordered on the www.verdoncanoe.com website are only subject to the cancellation and modification conditions set out in these General Terms and Conditions of Sale. If the purchaser cancels a service, VERDON CANOE reserves the right to refund to the consumer all the amounts paid (excluding the early and late cancellation fees previously mentioned) within 15 days of the date of said withdrawal.

Personal Data:

Under the French law of 6 January 1978 relating to data protection, users are entitled to access and correct information relating to them.

Settling disputes:

These online sales conditions are subject to French law. Both parties shall first of all attempt to settle disputes in an amicable manner (except cases set out in the General Terms and Conditions of Sale).

In the event of a dispute, jurisdiction is assigned to the court of Draguignan, notwithstanding a plurality of respondents or a guaranteed appeal.

Special Conditions of Lease Agreement:

National Federation of Professional Canoe/Kayak rental companies – April 2011

I – Description of contracting parties

A – The Lessor: VERDON CANOE Chemin de l’Estay 83630 AIGUINES

RCS Draguignan no. 829 045 442

B – The Lessee: the lessee is the person of 18 years or older who signs the lease agreement. Lessees cannot be under the age of 18. Lessees undertake, on their own behalf and on behalf of the people they allow to use the equipment they have rented, to read, accept and comply with these special leasing conditions and to inform the persons they allow to use the equipment they have rented of these special leasing conditions and ensure they comply with them.

II – Conditions to consider before registering:

A – Physical fitness:

VERDON CANOE has no way of checking their customers' level with regards sporting activities. Therefore, it is up to each participant to assess his or her own physical fitness and choose the most suitable length of activity. The difficulties and time it takes to complete the trip may vary according to the day's weather (particularly the wind). Everybody can take part in our activities as long as they fulfil the following conditions.

B – To navigate, the following criteria must be met:

    - The person renting the canoe/kayak must be 18 or over.

    - All participants must always wear the buoyancy-aid jackets provided at the start of the activity.

    - All participants must feel comfortable in water, be able to swim 25 m and go under water.

    - For online bookings, it is important that all the participants arrive at least 20 minutes before the scheduled time of departure.

    - Children are accepted under certain conditions if they weigh 10 kg or more:

       (1) They must be placed under the constant supervision and responsibility of a parent or adult who will ensure the safety of the most vulnerable.

    - It is highly advised you wear closed shoes or water shoes to get out of the canoe/kayak.

    - For your own safety, you must wear clothing appropriate to the activity (2):

       (2) Wearing a swimsuit or shorts, close-fitting clothes is required. They must in no way be a hindrance to swimming in order to ensure your safety.

    - If you take any specific medication (Ventolin, for allergies, etc.), take your medicines with you during the trip.

    - Participants must not have any medical contraindications that make it inadvisable to practice this activity (3).

       (3) Remember that most disabilities do not prevent a person from canoeing or kayaking but if you inform us of them beforehand, we will be better prepared to act, if neededs.

    - A maximum of 3 adults per canoe/kayak, weighing no more than 300 kg (4).

    - A maximum of 2 adults + 2 children per canoe/kayak, weighing no more than 300 kg (4).

    - You cannot rent a 1-Seater Kayak for children of under 12 (4)

    - Dogs are accepted but life jackets are not provided and are not compulsory (4)

       (4) more details are given below

The parents or adults in charge will be held responsible for ensuring the equipment is used properly, giving the children the safety instructions and ensuring they follow these instructions during the canoe/kayak trip (it is compulsory to wear the life-jacket, follow safety instructions, obey signs and respect other users).

C – Third-party liability insurance:

        The Lessor is covered by a third-party liability insurance policy (Displayed at rental site). By signing the contract, Lessees certify that they themselves, and the persons they allow to use the equipment they have rented, are covered by a third-party liability insurance policy.

III – Subject of contract

A- The equipment

a) Description

According to the specific details of the contract, the Lessor provides the Lessee with one or more Canoe(s) / Kayak(s), personal protective equipment (buoyancy aids), canoe/kayak accessories (paddles, waterproof container(s) in which personal belongings can be stored during the canoe/kayak trip for the agreed period).

All the equipment provided to Lessees is fully operational, in good condition, fit for purpose and compliant with applicable regulations.

The lease transfers custody of all the rented equipment to the Lessees for the whole rental period. The rental period starts when Lessees take possession of the equipment and finishes when they return this equipment to the Lessor.

The Lessor cannot be held responsible for any harm caused to the Lessee, to persons authorised to use the equipment by the Lessee, to third parties, to the property of the Lessee or that of said persons, due to improper use of the rented equipment by the Lessee or said persons.

1-Seater Kayaks and double-bladed paddle (Treck 1 by Dag worth €600) are intended and insured for 1 person on board, aged 12 or over, weighing no more than 110 kg (price of 1-seater)

2-Seater Kayaks and double-bladed paddle (Optimo by Rotomod worth €850) are intended and insured for 2 or 3 persons on board, weighing no more than 300 kg. Accepted on board: 2 adults (2-seater price), 2 adults + 1 dog (2-seater price), 1 adult and 1 child (2-seater price), 1 adult and 1 child + 1 dog (2-seater price), 1 adult and 2 children (3-seater price) in which case only 2 paddles are provided.

3-Seater and 4-Seater Canoes and single-bladed paddles (Prospector by NovaCraft or Discovery by Old Town worth €1,000) are intended and insured for 3 or 4 people, weighing no more than 300 kg. Accepted on board: 3 adults (3-seater price), 2 adults and 1 child (3-seater price), 2 adults and 2 children (3-seater price) and upon request 2 adults (2-seater price). With each canoe configuration, you can take 1 or 2 dogs on board, depending on their size.

Value of one adult buoyancy aid (+30 kg): €50; Value of one child's life jacket: €90; Value of one paddle: €30; Value of one waterproof barrel: €50. Lessees may be invoiced these amounts if they damage or fail to return any of these items. Please don't hesitate to contact us by e-mail if you have any questions.

Lessees agree to pay the Lessor the cost of the lost or damaged equipment, based on the above-mentioned prices.

b) Special obligations of Lessees regarding the equipment rented

The buoyancy aid must be worn during the whole period of navigation. The equipment provided (canoes-kayaks, buoyancy aids, paddles and waterproof containers) are regularly cleaned and maintained to ensure our customers receive high quality service. Please note, equipment must be returned in normal conditions of use, i.e. there must be no traces of mud or slime; if necessary, the Lessee agrees to clean the canoe/kayak or equipment during the allotted rental time. The equipment will be checked upon your return and an extra charge of €7.50 per canoe/kayak may be invoiced if VERDON CANOE itself has to clean the canoe/kayak (cleaning cost). Late return charges may be added to these cleaning costs if the Lessee returns late.

The Lessor cannot be held responsible for the use of the equipment rented, particularly the navigation, closure, fastening and surveillance of bags and containers designed to contain the property of Lessees and the people navigating with them. Lessees remain wholly responsible for all their property transported and that of the people they have authorised to use the material they have rented. The Lessor cannot be held responsible for the loss, theft or breakage of any objects belonging to Lessees or persons navigating with them, that occurs during the canoe/kayak trip.

B – The canoe/kayak trip:

a) Information on the canoe/kayak trip and navigation conditions

The Lessor offers a range of durations and boating zones. For each of these zones, it indicates the number of kilometres, the average canoe/kayak trip time, the applicable regulations (navigation, traffic, environment), the difficulties and dangers of the itinerary (Notices). If the weather or water conditions are unfavourable, the Lessor can refuse to rent out canoes/kayaks, under the condition that the amounts paid are refunded and no additional compensation can be claimed.

The information provided by the Lessor is indicative and does not prevent Lessees from seeking any further information they feel is necessary.

b) Choosing the duration of canoe/kayak trips:

Lessees are free to choose the duration that suits them and that suits the people they allow to use the equipment they rent. The duration chosen by the Lessees is specified in the lease contract and/or on the day's schedule.

Lessees certify that they themselves, and the persons they allow to use the equipment they rent, have checked the regulations, difficulties and dangers of the canoe/kayak trip they have chosen.

c) Special obligations of Lessees regarding the canoe/kayak trip

The Lessor shall inform Lessees of regulations and signs applicable to the canoe/kayak trip, itinerary, water and weather conditions, the way to cross river constructions, if there are any such constructions, and the emergency call numbers (Signs posted).

It is highly advised you wear closed shoes to get out of the canoe/kayak.

It is forbidden to abandon equipment along the itinerary. If any equipment is lost or damaged, additional charges will be invoiced (see lease contract or notice). Lessees must not leave any waste along the itinerary. They shall bring it back to the Lessor at the end of the trip to be sorted and disposed of in the containers indicated by the Lessor, on pain of being held liable under the contract.

Except in cases of force majeure, it is forbidden to enter, stop or moor canoes/kayaks on private plots of land bordering the river to which the owner has prohibited access (signs/fences/verbal indications), at risk of engaging the contractual, civil or criminal liability of the Lessee. It is forbidden to damage any public or private property (plots of land, thoroughfares, constructions, signs, etc.), at risk of engaging the contractual, civil or criminal liability of the Lessee.

Lessees undertake to be courteous and respectful towards residents and other river users.

The canoe/kayak trip shall be conducted under the responsibility of Lessees who acknowledge they have been informed of the special conditions of this trip.

IV – Delays:

Lessees pay for an agreed time-frame and must comply with this time-frame to avoid disrupting the organisation at VERDON CANOE. The invoicing of delays is based on 15-minute intervals – €7.50 shall be charged for every 15-minute interval initiated. Warning – delays beyond our opening/closing times (see notice at rental site) will be invoiced €1 per minute.

V – The price and payment of services:

The price of each service is indicated in the contract. The price includes the canoe/kayak equipment necessary for each person and each trip proposed by the Lessor. Lessees undertake to pay the cost or balance of all the services before taking possession of this equipment. The cost of the services or balance due can be paid by Bank Card or in cash.

VI – Insurance and liability

VERDON CANOE has a Professional Liability insurance policy covering its own activities and costs incurred by any potential rescue operation.

We strongly recommend each participant to take out a third-party liability and/or personal accident insurance policy, from an insurance company of their choice, covering white water sports and/or mountain sports. Indeed, we cannot cover the personal third-party liability of each participant.

VERDON CANOE has a third-party liability insurance covering all the activities it offers and cannot be held responsible for activities booked with other service providers.

In the event of bodily injury, VERDON CANOE cannot be held responsible once the competent rescue services have taken charge of the victim, and any hospital treatment shall fall within the sphere of the victim's personal insurance policies.

Outdoor activities are carried out in a specific "hazardous" environment. Participants may observe rocks falling during the trip.

All participants must be aware that, given the specific nature of the activities proposed, they may run certain risks due to the distance, remoteness and specific characteristics of the environment (rivers, cliffs, canyons, etc.). They knowingly assume these risks and must comply with the rules of caution and follow the advice of professionals.

Lessees are responsible for the equipment they have been lent for the activity. The Lessor cannot be held responsible for any damage caused by the equipment provided.

If the equipment lent is stolen or damaged, the participant/customer may be required to compensate for the wear and tear or pay the total cost of the equipment.

VERDON CANOE cannot be held responsible for the loss, theft (including objects stolen from vehicles) or breakage of objects (e.g.: glasses, cameras, etc.) that participants take with them during the activity and that occurs during the activity.

VII – Exclusion / refusal to rent equipment

VERDON CANOE reserves the right to refuse to rent equipment to one or more participants who are not competent enough or sober enough to practice the activity safely or whose behaviour or state may jeopardise their own safety or that of the people around them. In this case, the participant will not be entitled to any refund or compensation.

If the equipment does not provide a proper level of comfort or safety, VERDON CANOE reserves the right to modify, cancel, postpone or refuse the rental. In this case, no additional compensation shall be due.

VIII – Interrupted service

If the customer interrupts the service, no refund will be made and no additional compensation shall be due.

If the service is interrupted due to last minute weather conditions, no refund will be made and no additional compensation shall be due.

If the service is interrupted by rescue services, no refund will be made and no additional compensation shall be due.

In all cases, VERDON CANOE apologises but please remember that your safety is our priority.

IX – Image rights

By taking part in these activities, you expressly and unrestrictedly agree to your image being used for promotional and advertising purposes in all our communication media, unless you state otherwise in a written request. Under French law no. 78-17 of 6 January 1978 relating to computing and personal freedom, you are entitled to access and correct or remove any information concerning you.