TERMS AND CONDITIONS OF SALE

1/ Information prior to signing the rental contract

A/ Age of lessee and equipment users

The navigation and rental of canoes and kayaks on the Dordogne are regulated by a prefectoral decree which reinforces French regulations.
Rental by minors unaccompanied by an adult is forbidden.
On the Dordogne, navigation with children under 5 years of age is forbidden.
The renter remains responsible for the persons for whom he/she has rented equipment.

B/ Capacities required for navigation

Navigation is forbidden to persons of any age who are unable to swim at least 25 meters and immerse themselves.
Adults or legal guardians for minors certify that they are able to swim at least 25 meters and immerse themselves.
By signing the rental contract, the hirer declares and certifies that the persons accompanying him/her and for whom he/she has rented the equipment meet the above-mentioned sailing requirements, and that he/she has checked these requirements with them.
Canoës-Butterfly does not have the means to check its customers' level of sporting ability.

C/ Third-party liability insurance

Canoës-Butterfly is insured with "AXA France IARD, 313 Terrasses de l'arche 92727 Nanterre Cedex" by a policy guaranteeing its civil liability (See regulatory display).
RCP 10787132904.
By signing the contract, the renter declares and certifies that he/she and the persons he/she authorizes to use the equipment rented are insured by a policy guaranteeing their civil liability.

D/ Parking

Canoës-Butterfly provides free parking for its customers' vehicles. However, Canoës-Butterfly declines all responsibility in the event of loss, damage, deterioration and/or theft of your personal belongings. Canoës-Butterfly cannot be held responsible as such.

2/ Purpose of the contract

A/ Equipment

Canoës-Butterfly provides the hirer with the following, 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 required for canoeing and kayaking: paddles and watertight containers (canisters)
All equipment made available to the hirer is in perfect working order and maintained, in accordance with its intended purpose and with regulations.
Canoës-Butterfly informs and instructs the hirer in the use of the rented equipment, and keeps up-to-date records of operations to monitor and control the rented equipment.

B/ Conditions of use of rental equipment

The rental contract transfers custody of all rented equipment to the renter for the duration of the rental; the renter checks the condition of the rented equipment beforehand.
Rental begins when the renter takes possession of the equipment and ends when the renter returns the equipment to Canoës-Loisirs. A joint inventory will be drawn up at the time of return by both parties, i.e. the renter and Canoës-Butterfly.
Canoës-Butterfly cannot be held responsible for damage caused to the renter, to persons authorized by the renter to use the equipment rented by Canoës-Butterfly, to third parties, to the renter's property and to the property of said persons, as a result of improper use of the equipment rented by the renter or said persons.

Cell phones, cameras and any other water-sensitive equipment or objects must be protected by an appropriate waterproof cover. The canister is just a container and in no way constitutes waterproof protection (the rental company does not guarantee that the containers are waterproof, as this depends on users closing them properly).

C/ Lessee's obligations with respect to the leased equipment

It is compulsory to wear the buoyancy aid(s) or life jacket(s) at all times when canoeing or kayaking.
Canoës-Butterfly is not responsible for the use of rented equipment, watertight containers or the personal belongings of the renter or those sailing with him/her. The renter therefore undertakes to check the condition of the equipment when it is returned by Canoe-Loisirs. The Hirer remains entirely responsible for all goods carried by him/herself and persons for whom he/she has rented equipment. Canoës-Butterfly cannot be held responsible for the loss, theft or breakage of any property belonging to the renter or the persons sailing with him/her, which may occur during the descent.
The equipment rented is for the sole use of the renter, with no possibility of subletting.

3/ Service consumption

A/ Information on routes and sailing conditions

Canoës-Butterfly offers a range of descents. For each one, it indicates mileage, average navigation time, start and end points, and applicable regulations (navigation, traffic, environment).

B/ Choice of route

The hirer may:
freely choose the route that suits him/her and the persons he/she authorizes to use the equipment he/she has rented. The route chosen by the renter is specified in the rental contract.
The renter certifies that he/she and the persons he/she authorizes to use the equipment he/she has rented have informed themselves of the regulations, difficulties and dangers of the route they have chosen. He is therefore solely responsible for his choice of services and their suitability for his needs, and we cannot be held liable in this respect.

The hirer must:
Respect the route chosen when signing the contract and the instructions given.
In the event that the execution of the service is modified by the customer.
Namely:
- Change of route for a longer journey
- Arrival at another disembarkation point initially planned.
The cost of repatriating equipment and people will be invoiced at a flat rate of 10€/person.

Special case of multi-day tours:

Our tour programs specify in detail the duration and stages of their itineraries. If the duration or route is reduced due to the customer's fault, the customer will not be entitled to a refund. For any change of destination, number of days, number of people or other, the customer must inform Canoe-Loisirs. Any additional costs incurred will be invoiced to the customer.

4/ The lessee's obligations regarding the installation of the downspout

Canoës-Butterfly informs the hirer of the regulations and signs applicable to the nautical courses, hydrological and meteorological data and emergency call numbers (Regulatory displays).

A/ General French regulations concerning canoeing and kayaking

In general, navigation on a river is forbidden when:
- The air temperature is equal to or lower than 0°.
- In storm conditions announced by the prefecture.
- When the river rises and reaches its alert level.

Regulations specific to the Dordogne River (See current prefectoral decree) :

- Navigation conditions are based on the water level reached by the Dordogne River at the millimetre scale of the Cénac bridge, and specify that navigation is prohibited above 1.50 m.

B/ Loss / Abandonment / Behavior

It is forbidden to abandon any equipment on the course. Any abandonment will be invoiced at the price of the equipment rented, plus the cost of repatriation of the boat and persons, as well as search costs. Any loss of equipment will give rise to an additional invoice to be paid without delay.
The hirer undertakes not to deposit or leave any waste on the courses and to deposit it in a garbage can. Damage to any public or private property on the plots bordering the river is forbidden, on pain 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 river. The descent is carried out under the responsibility of the hirer, who acknowledges that he/she has been informed of the specific conditions under which the trip is to be carried out. Canoës-Butterfly reserves the right to exclude, at any time, one or more participants whose behavior endangers the safety or well-being of other customers, without compensation.

5/ Additional benefits

The rental contract includes a transport service (depending on the case: driving to the place of embarkation or collection from the place of disembarkation). If the renter does not wish to benefit from this service, he/she must specify this on the contract.

6/ Cancellation or modification of a canoe kayak rental

A/ Adapting departure times

If safety conditions so require, Canoës-Butterfly reserves the right to postpone the start of its services by more or less 2 hours. The renter may accept or refuse this modification. In the latter case, Canoës-Butterfly undertakes to refund all sums paid without compensation.

B/ Appointment time and lateness

When booking, the client is free to choose a meeting time. For the smooth running of our activities and out of respect for our other customers, we will not tolerate any delays. In the event of failure to respect these times, Canoës-Butterfly reserves the right to postpone the booked service.

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

- No refunds will be made for any modifications that reduce the number of people or equipment (canoes, kayaks, canisters), or that shorten the route.

- However, modifications to increase the number of people or equipment are possible, subject to availability and acceptance by Canoe Loisirs. Such modifications will entail a change in price.

- The possibility of a postponement is possible provided that it is accepted by Canoës-Butterfly 48 hours before the descent is due to take place.

- In general, online bookings cannot be cancelled for refund. In accordance with article L. 121-21-8 12° of the French Consumer Code, customers are reminded that they have no right of withdrawal. In fact, "the right of withdrawal cannot be exercised for contracts for the provision [...] of leisure activities which must be supplied on a specific date or during a specific period.
Special cases giving rise to full and individual reimbursement are cases of force majeure: death, hospitalization, serious illness (on presentation of proof). Please note that for groups, only the persons concerned will be reimbursed.

D/ Cancellation by Canoës-Butterfly :

- Prohibition of rental notified by the prefecture in the event of a storm warning.
- Flooding duly recorded on the Cénac scale (cf. current prefectoral decree).
In these cases, the hirer will have the right to request reimbursement of sums paid without compensation, or to request postponement of the service.

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/ Personal data protection

In accordance with the provisions of the French Data Protection Act of January 6, 1978, amended by the Act of August 6, 2004, appended to the present regulations on the protection of individuals with regard to the processing of personal data, the renter has a right of access enabling him/her to rectify or oppose any personal data collected by the rental company concerning him/her.
The Canoës-Butterfly website: www.canoes-butterfly.fr is registered with the CNIL, under number: 2116411. The renter has the right to access, rectify or oppose any data concerning him/her.

9/ Disputes

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

 

Online booking : Special conditions

1/ Online booking

The hirer chooses the services presented on our reservation platform. He acknowledges that he has taken cognizance of the nature, destination and booking terms of the services available on our booking platform and that he has requested and obtained the necessary and/or additional information to make his booking with full knowledge of the facts.

2/ Booking process

Reservations made by the hirer are made using the online reservation form available on our reservation platform. The reservation is deemed to have been made on receipt of the reservation form. Prior to any booking, the client undertakes to complete the information requested on the booking form or reservation request, thereby attesting to the truthfulness and accuracy of the information provided (number of children and adults taking part, as well as the number and type of boats). Once the services to be booked have been definitively selected, the booking procedure includes entering the client's bank details in order to proceed with payment, consulting and accepting the general terms and conditions of sale and the reserved price before validating the booking, and finally validating the booking by the client. When validating payment, the customer is informed that the order is "binding".

3/ Acknowledgement of reservation

Our reservation platform acknowledges receipt of the renter's reservation by sending an e-mail without delay. The acknowledgement of receipt of the booking by e-mail summarizes the contract offer, the services booked, the prices, the terms and conditions of sale relating to the selected rate, accepted by the customer, the date of the booking, information relating to after-sales service, and the address of the seller's establishment to which the customer may submit any complaints.
Please note that any booking without payment having been made, or any failed order, does not constitute a booking under any circumstances.

4/ Payment

A/ Rates

The price includes, for each route offered by Canoës Loisirs, the equipment necessary for navigation and the transport service.
The prices for each service are specified in the contract. The hirer undertakes to pay Canoës-Butterfly for any equipment lost and/or deliberately damaged, in accordance with the rates specified on the regulatory notice board.

B/ Regulations

Prices relating to the booking of services are indicated before and at the time of booking. Prices are confirmed to the customer inclusive of VAT. All reservations, whatever their origin, are payable in the local currency of the establishment. Unless otherwise specified on the booking platform, additional services are not included in the price. Payment is immediate and must be made at the time of booking.

C/ Completeness

The present general terms and conditions of sale, the terms and conditions of sale of the fare booked by the customer, and the booking form or request express the entirety of the obligations of the parties. No general or specific condition communicated by the customer may be integrated into the present general conditions. The documents forming the contractual commitments between the parties are, in decreasing order of priority, the reservation order or request (including the specific conditions of the fare booked) and the present general conditions. In the event of any contradiction between the booking form and the general terms and conditions, the provisions of the booking form shall be the only ones applicable to the obligation in question. The present general terms and conditions of internet sale may be modified and/or supplemented by the establishment at any time. In this case, the new version of the general terms and conditions will be posted online by the establishment. As soon as the new version of the general terms and conditions is posted on the Internet, it will automatically apply to all customers.