general conditions of sale

1/ Information prior to signing the rental agreement

A/ Âge du locataire et des utilisateurs du matériel

Navigation and canoe and kayak hire on the Dordogne are regulated by a prefectural decree which reinforces French regulations.
Hire by minors unaccompanied by an adult is prohibited.
On the Dordogne, navigation with children under the age of 5 is prohibited.
The hirer remains responsible for the persons for whom they have hired equipment.

B/ The skills required for sailing

Navigation is prohibited for persons of all ages who cannot swim at least 25 metres and submerge themselves.
Adults or legal representatives for minors certify their ability to swim at least 25 metres and submerge themselves.
By signing the rental agreement, the renter declares and certifies that the persons accompanying them and for whom they have rented equipment meet the above-mentioned requirements for boating and that they have verified these requirements with them.
Canoës-Butterfly does not have the means to verify the sporting ability of its customers.

C/ Civil liability insurance

Canoës-Butterfly is insured by ‘AXA France IARD, 313 Terrasses de l’Arche, 92727 Nanterre Cedex’ under a policy covering civil liability (see regulatory notice).
RCP 10787132904.
By signing the contract, the hirer declares and certifies that they and the persons they authorise to use the equipment they have hired are covered by a policy covering their civil liability.

D/ Parking

Canoës-Butterfly provides complimentary parking for its customers’ vehicles. However, Canoës-Butterfly accepts no responsibility for any loss, damage and/or theft of your personal belongings occurring in this car park. Canoës-Butterfly cannot be held liable in this regard.

2/ Subject matter of the contract

A/ Equipment

Canoës-Butterfly provides the renter with the following items, as specified in the contract (type and quantity):
– Boats: canoes or kayaks.
– Personal protective equipment: buoyancy aids or life jackets (which must be worn).
– Equipment necessary for canoeing and kayaking: paddles and waterproof containers (containers)
All equipment provided to the renter is in perfect working order and maintained in accordance with its intended use and regulations.
Canoës-Butterfly provides information and instructions on how to use the rented equipment and keeps up-to-date records of the monitoring and inspection of the rented equipment.

B/ Terms and conditions for the use of rental equipment

The rental agreement transfers custody of all rented equipment to the renter for the duration of the rental period; the renter shall check the condition of the rented equipment beforehand.
The rental period begins when the hirer takes possession of the equipment and ends when the hirer returns the equipment to Canoës-Loisirs. A joint inventory will be carried out between the two parties, namely the hirer and Canoës-Butterfly, when the equipment is returned.
Canoës-Butterfly cannot be held liable for damage caused to the hirer, to persons authorised by the hirer to use the equipment rented by them, to third parties, to the hirer’s property or to that of the said persons, as a result of improper use of the equipment rented by the hirer or the said persons.

Mobile phones, cameras and any equipment or objects that are sensitive to water must be protected by a suitable waterproof cover. The container is only a container and does not constitute waterproof protection (the lessor does not guarantee the waterproofing of the containers, as this depends on them being properly closed by users).

C/ Tenant’s obligations regarding the rented equipment

The wearing of buoyancy aids or life jackets throughout the duration of the descent is mandatory. They must be fastened at all times and adjusted to fit snugly against the body whenever the hirer is canoeing or kayaking.
Canoës-Butterfly is not responsible for the use of rented equipment during navigation, waterproof containers, or the personal belongings of the renter and those navigating with them. The renter therefore undertakes to check the condition of the equipment when it is handed over by Canoës-Loisirs. The renter remains fully responsible for all property carried by themselves and the persons for whom they have rented equipment. Canoës-Butterfly cannot be held responsible for any loss, theft or damage to any property belonging to the renter and the persons travelling with them that occurs during the trip.
The rented equipment is for the sole use of the renter and may not be sublet.

3/ Consumption of the service

A/ Information on routes and sailing conditions

Canoës-Butterfly offers a range of descents. For each one, it indicates the distance, average duration of the trip, the start and end points of the route, and the applicable regulations (navigation, traffic, environment).

B/ Course selection

The hirer may:
Freely choose the route that suits them and the people they authorise to use the equipment they have hired. The route chosen by the hirer is specified in the hire agreement.
The hirer certifies that they and the persons they authorise to use the equipment they have hired are aware of the regulations, difficulties and dangers of the route they have chosen to take. They are therefore solely responsible for their choice of services and their suitability for their needs, and we cannot be held liable in this regard.

The hirer must:
Follow the route chosen when signing the contract and comply with the instructions given.
In the event that the service is modified by the customer.
Namely:
– Change of route to a longer journey
– Arrival at a different landing place than originally planned.
The costs of repatriating equipment and persons will be charged at a flat rate of £10 per person.

Special case of multi-day hikes:

Our hiking programmes specify in detail the duration and stages of their itineraries. Customers will not be entitled to a refund for any reduction in the duration or route of their trip. Customers must inform Canoës-Loisirs of any changes to their destination, the number of days, the number of people or any other details. Furthermore, any additional costs incurred will be charged to the hirer.

4/ The tenant’s obligations regarding the completion of the descent

Canoës-Butterfly informs the hirer of the regulations and signage applicable to waterways, hydrological and meteorological data, and emergency telephone numbers (regulatory notices).

A/ General French regulations concerning canoeing and kayaking

In general, navigation on a waterway is prohibited when:
– The air temperature is equal to or below 0°C.
– During stormy weather reported by the prefecture.
– When the river rises and reaches its alert level.

Specific regulations for the Dordogne River (see prefectural decree in force):

– Navigation conditions based on the levels reached by the Dordogne River on the millimetre scale of the Cénac bridge specify that navigation is prohibited above 1.50 metres.

B/ Loss / Abandonment / Behaviour

Leaving any equipment on the course is prohibited. Any equipment left behind will be charged at the price of the rented equipment, plus the cost of repatriating the boat and people, as well as search costs. The loss of equipment will result in additional charges to be paid immediately.
The hirer undertakes not to deposit or leave any rubbish on the route and to dispose of it in a bin. Damage to any public or private property on the land bordering the river is prohibited, under penalty of contractual, civil or criminal liability on the part of the hirer. The hirer undertakes to be courteous and to respect local residents and other users of the waterway. The descent is carried out under the responsibility of the hirer, who acknowledges having been informed of the specific conditions for completing this route. Canoës-Butterfly reserves the right to exclude, at any time, one or more participants whose behaviour endangers the safety or well-being of other customers, without any compensation.

5/ Supplementary benefits

The rental agreement includes a transport service (depending on the case: driving to the pick-up location or collection from the drop-off location). If the hirer does not wish to use this related service, they must specify this on the agreement.

6/ Cancellation or modification of a canoe or kayak hire

A/ Adjustment of departure times

If safety conditions so require, Canoës-Butterfly reserves the right to postpone the start of its services by up to two hours. The hirer will have the option of accepting or refusing this change. In the latter case, Canoës-Butterfly undertakes to refund the full amount paid without compensation.

B/ Appointment time and delays

When making a booking, the hirer is free to choose an appointment time. To ensure that our activities run smoothly and out of respect for our other customers, we will not tolerate any delays. In the event of failure to comply with these times, Canoës-Butterfly reserves the right to postpone the booked service.

C/ In the event of cancellation or modification by the tenant

– Any changes aimed at reducing the number of people, the amount of equipment (canoes, kayaks, containers), or resulting in a shortening of the route will not be eligible for a refund.

– However, changes aimed at increasing the number of people or equipment are possible subject to availability and acceptance by Canoës Loisirs. These will result in a change in price.

– It is possible to postpone the date, subject to acceptance by Canoës-Butterfly 48 hours before the descent.

– In general, online bookings cannot be cancelled for a refund. Customers are reminded that, in accordance with Article L. 121-21-8 12° of the French Consumer Code, they do not have the right of withdrawal. In fact, “the right of withdrawal cannot be exercised for contracts for the provision of […] leisure activities that must be provided on a specific date or during a specific period.
Special cases giving rise to full and individual refunds are cases of force majeure: death, hospitalisation, serious illness (upon presentation of supporting documentation). Please note that for groups, only the persons concerned will be refunded.

D/ Cancellation by Canoës-Butterfly:

• Rental ban issued by the prefecture in the event of a storm warning.
• Flooding duly observed at the Cénac gauge (see prefectural decree in force).
In such cases, the tenant shall be entitled to request a refund of the sums paid without compensation, or to request the postponement of their stay.

7/ Image rights

The customer grants Canoës-Butterfly irrevocable permission to publish all photographs or images taken during the activity. These images may be used in any form whatsoever.

8/ Protection of personal data

In accordance with the provisions of the French Data Protection Act of 6 January 1978, amended by the Act of 6 August 2004, annexed to these regulations relating to the protection of individuals with regard to the processing of personal data, the hirer has a right of access enabling them to rectify or object to the personal data collected by the lessor concerning them.
The Canoës-Butterfly website: www.canoes-butterfly.fr is registered with the CNIL under number: 2116411. The tenant has the right to access, rectify or object to any data concerning him/her.

9/ Disputes

Any dispute concerning the application or interpretation of these General Terms and Conditions of Sale shall be settled by the Commercial Court of Bergerac.