GENERAL CONDITIONS OF SALE
1/ Information prior to signing the rental contract
A/ Age of the hirer and users of the equipment
The navigation and rental of canoes and kayaks on the Dordogne is regulated by a prefectural decree which reinforces French regulations.
Rental by any minor not accompanied by an adult is prohibited.
On the Dordogne, navigation with a child under 5 years of age is prohibited.
The hirer remains responsible for the persons for whom he/she has rented the equipment
B/ Capabilities required for navigation
Sailing is forbidden to persons of any age who cannot swim at least 25 metres and immerse themselves.
Adults or legal representatives for minors certify that they are able to swim at least 25 metres and immerse themselves.
The hirer declares and certifies by signing the rental contract that the persons accompanying him/her and for whom he/she has rented the equipment meet the required capacities for navigation, listed above, and that he/she has checked the said required capacities with them.
Canoës-Butterfly does not have the means to check the level of sporting practice of its clients.
C/ Civil 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).
The hirer declares and certifies by signing the contract that he/she and the persons he/she authorises to use the equipment rented are insured by a policy guaranteeing their civil liability.
Canoës-Butterfly provides free parking for its customers' vehicles. However, Canoes-Butterfly declines all responsibility in case of loss, damage, deterioration and/or theft of your personal objects on the parking lot. Canoës-Butterfly cannot be held responsible as such.
2/ Purpose of the contract
A/ The material
Canoës-Butterfly provides the hirer, according to what is specified in the contract (nature and quantity):
- Boats: canoe or kayak.
- Individual protection equipment: buoyancy aid or life jacket (which must be worn).
- The equipment necessary for the practice of Canoe Kayak: paddles and waterproof containers (canisters)
All the equipment made available to the hirer is in perfect working order and maintained, in accordance with its purpose and the regulations.
Canoës-Butterfly informs and gives instructions for the use of the rented equipment and keeps up-to-date records of the monitoring and control of the equipment rented.
B/ The conditions of use of rented equipment
The rental contract transfers custody of all rented equipment to the Hirer for the entire duration of the rental period; the Hirer shall check the condition of the rented equipment beforehand.
The rental period shall begin when the Hirer takes possession of the equipment and shall end when the Hirer returns the equipment to Canoe-Loisirs. A joint inventory will be made upon return between the two parties, i.e. between the Tenant and Canoe-Butterfly.
Canoe-Butterfly cannot be held responsible for damage caused to the Tenant, to persons whom the Tenant has authorised to use the equipment rented by it, to third parties, to the Tenant's property and to the property of the said persons, as a result of the non-conforming use of the equipment rented by the Tenant or the said persons.
Mobile phones, cameras and any other water-sensitive equipment or objects must be protected by an adequate waterproof cover. The canister is just a container and does not constitute a waterproof protection (the hirer does not guarantee the waterproofness of the containers, as this is subject to their being properly closed by the users).
C/ Obligations of the hirer in relation to the rented equipment
It is compulsory to wear the buoyancy aid(s) or lifejacket(s) during the entire trip. It must be closed at all times and fitted close to the body, as long as the hirer is practising canoeing.
Canoës-Butterfly is not responsible for the use of the equipment rented during the trip, for the watertight containers, for the personal belongings of the hirer and of those who are sailing with him. The hirer therefore undertakes to check the condition of the equipment when it is handed over by Canoe-Loisirs. The Hirer remains entirely responsible for all goods taken by himself and the persons for whom he has hired the equipment. Canoe-Butterfly cannot be held responsible for the loss, theft or breakage of any property of the hirer and of the persons sailing with him, which occurs during the descent.
The equipment rented is intended for the sole use of the hirer, with no possibility of subletting.
3/ Consumption of the service
A/ Information on routes and navigation conditions
Canoes-Butterfly offers a range of descents. For each one, it indicates the distance covered, the average duration of the trip, the start and end points of the route, and the applicable regulations (navigation, traffic, environment).
B/ Choice of course
The hirer may:
freely choose the route that suits him/her and the persons he/she authorises to use the equipment he/she has hired. The route chosen by the hirer is specified in the rental contract.
The hirer certifies that he/she and the persons he/she authorises to use the equipment he/she has rented have informed themselves of the regulations, difficulties and dangers of the route they have chosen to take. He is therefore solely responsible for his choice of services and their suitability for his needs, so that our responsibility cannot be sought in this respect.
The hirer must:
Respect the route chosen when signing the contract as well as the instructions given.
In the event that the execution of the service is modified by the client.
- Change of route for a longer journey
- Arrival at another disembarkation point initially planned.
The costs of repatriation of equipment and people will be invoiced at a flat rate of 10€/person.
Special case of multi-day trekking:
Our tour programmes specify in detail the duration and stages of their itineraries. If the duration of the trip is reduced or the route is changed, the client will not be entitled to a refund. The client must inform Canoe-Loisirs of any change in destination, number of days, number of people or other. Furthermore, if additional costs are incurred, they will be invoiced to the hirer.
4/ The tenant's obligations regarding the completion of the descent
Canoës-Butterfly informs the hirer of the regulations and signs applicable to the nautical courses, of the hydrological and meteorological data and of the 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 stormy weather as reported by the prefecture.
- When the river rises and reaches its alert level.
Regulations specific to the Dordogne River (see current prefectural decree) :
- The conditions of navigation according to the levels reached by the Dordogne River at the millimetre scale of the Cénac bridge specify that beyond 1m50 navigation is forbidden.
B/ Loss / Abandonment / Behaviour
The abandonment of any equipment on the course is prohibited. Any abandonment will be invoiced at the price of the rented equipment, plus the cost of the repatriation of the boat and the persons, as well as the search costs. The loss of equipment will result in 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 rubbish bin. Damage to any public or private property on the plots bordering the river is forbidden, under penalty of contractual, civil or criminal liability of the hirer. The hirer undertakes to be courteous and to respect the residents and other users of the river. The descent is carried out under the responsibility of the hirer, who acknowledges having been informed of the particular conditions of the descent. Canoës-Butterfly reserves the right to exclude, at any time, one or several participants whose behaviour would endanger the safety of the other clients or their well-being, without any 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 hirer does not wish to benefit from this related service, he/she shall specify this on the contract.
6/ Cancellation or modification of a canoe kayak rental
A/ Adaptation of departure times
If safety conditions so require, Canoe-Butterfly reserves the right to postpone the start of its services by more or less 2 hours. The Hirer shall have the option of accepting or refusing this modification. In the latter case, Canoe-Butterfly undertakes to refund the full amount paid without compensation.
B/ Appointment Time and Delay
At the time of booking, the hirer is free to choose a meeting time. For the smooth running of our activities and out of respect for our other clients, we will not tolerate any delays. In case of non-respect of these times, Canoës-Butterfly reserves the right to postpone the booked service.
C/ In case of cancellation or modification by the tenant
- All modifications aiming to reduce the number of people, the number of equipment (canoes, kayaks, cans), or leading to a shortening of the course will not be reimbursed.
- However, modifications to increase the number of people or equipment are possible subject to availability and acceptance by Canoe Loisirs. This will result in a change in price.
- The possibility of a postponement of the date is possible provided that it is accepted by Canoe-Butterfly, 48 hours before the execution of the descent.
- In general, online bookings cannot be cancelled for refund. The customer is reminded, in accordance with Article L. 121-21-8 12° of the French Consumer Code, that he/she does not have the right of withdrawal. In fact "the right of withdrawal cannot be exercised for contracts for the provision of services [...] of leisure activities which must be provided on a specific date or during a specific period.
The special cases giving rise to full and individual reimbursement are cases of force majeure: death, hospitalisation, serious illness (upon presentation of proof). Please note that for groups, only the persons concerned will be reimbursed.
D/ Cases of cancellation by Canoe-Butterfly :
- Prohibition of rental notified by the prefecture in the event of a storm warning.
- Flooding duly noted on the Cénac scale (cf. prefectural decree in force).
In these cases, the hirer will have the right to ask for the reimbursement of the sums paid without compensation, or to ask for the postponement of the service.
7/ Image rights
The client grants Canoe-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 January 6, 1978, as amended by the Act of August 6, 2004, which is attached to the present regulations on the protection of individuals with regard to the processing of personal data, the Hirer shall have the right to access and rectify or object to the personal data collected by the Hirer.
The Canoe-Butterfly website: www.canoes-butterfly.fr has been declared to the CNIL, under the number: 2116411 The hirer has a right of access allowing him to proceed to the rectification or the opposition of the data concerning him.
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 booking platform. The hirer acknowledges that he/she has taken cognisance of the nature, the destination and the booking terms of the services available on our booking platform and that he/she has requested and obtained the necessary and/or additional information in order to make his/her booking in full knowledge of the facts.
2/ Booking process
Reservations made by the hirer are made by means of the dematerialised reservation form accessible online on our reservation platform. The reservation is deemed to have been made upon receipt of the reservation form. The hirer undertakes, prior to any booking, to complete the information requested on the booking form or request, and thus attests to the truthfulness and accuracy of the information provided (number of children and adults taking part, as well as the number and type of boat). After the final choice of the services to be booked, the booking procedure includes in particular the entry of bank details in order to proceed with payment, consultation and acceptance of the general terms of sale and the rate booked before validation of the booking, and finally, validation of the booking by the client. When validating the payment, the hirer is informed that his order is made with an "obligation to buy".
3/ Acknowledgement of receipt of the reservation
Our booking platform acknowledges the hirer's booking by sending an e-mail without delay. The acknowledgement of receipt of the booking by e-mail summarises the contract offer, the services booked, the prices, the terms and conditions of sale for the selected tariff, accepted by the client, the date of the booking made, the information relating to after-sales service, as well as the address of the seller's establishment to which the client may submit any complaints.
Please note that any booking without payment being made or any failed order does not in any way constitute a booking.
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 the amount of the lost and/or damaged equipment, according to the tariffs specified on the regulatory display.
The prices for the booking of services are indicated before and at the time of booking. Prices are confirmed to the client as including VAT. All reservations, regardless of their origin, are payable in the local currency of the establishment. Unless otherwise stated on the booking platform, additional services are not included in the price. The payment of the service is immediate and must be made at the time of booking.
The present General Terms and Conditions of Sale, the terms and conditions of sale of the tariff reserved by the customer, and the voucher or reservation request express the entirety of the obligations of the parties. No general or specific condition communicated by the client may be incorporated into these general conditions. The documents forming the contractual commitments between the parties are, in descending order of priority, the reservation voucher or request (including the special conditions of the reserved tariff) and the present general conditions. In the event of contradiction between the reservation voucher and the general terms and conditions, the provisions appearing on the reservation voucher will be the only ones applicable for the obligation in question. The present general terms and conditions of sale by internet can be modified and/or completed at any time by the establishment. In this case, the new version of the general terms and conditions of sale by internet will be put online by the establishment. As soon as the new version of the general terms and conditions of sale by internet is put online on the internet, it will automatically apply for all customers.