These general conditions apply automatically to the sea excursion services offered by the service provider.
They apply to the exclusion of all other conditions, and in particular those applicable through other distribution and marketing channels.
Any reservation implies unreserved acceptance of these general conditions which prevail over all other conditions, with the exception of those having an imperative application due to the nature of the activity carried out or the customer quality.
The customer declares to have read these general conditions of sale and service and to have accepted them before the confirmation of his reservation.
The following information is thus transmitted to the customer, in a clear and understandable manner:
- The essential characteristics of the service;
- The price of the service;
- The terms of payment and performance of the contract, as well as the terms provided by the professional for the processing of complaints;
- In the absence of immediate performance of the contract, the date or the deadline by which the service provider undertakes to perform the service, whatever its price;
- Information relating to the identity of the service provider (its corporate name, its corporate form, its RCS number, the geographical address of its registered office, its telephone number, its e-mail address, its postal address), and its activities, those relating to legal guarantees, the functionalities of digital content, the existence and methods of implementation of guarantees and other contractual conditions;
3.1 - Definition
By reservation, we mean any order relating to the services appearing on the service provider's prices, and accepted by him, accompanied by payment for the service concerned.
The reservation entails full and complete acceptance of these general conditions of sale, services and use of the site, and the obligation to pay for the reserved services.
3.2 - Terms
The reservation is made online, through the service provider's website, and according to these general conditions of sale, service and use of said site.
The customer must be of legal age and legally capable of contracting.
The customer is materially and financially responsible for the use of the site.
The customer guarantees the veracity and accuracy of the mandatory information he provides, and is responsible for any error or inaccuracy in this regard, resulting in particular in the impossibility for the service provider to send him the confirmation. of the reserved service equivalent to an electronic ticket - in this case, it is up to the customer to contact the service provider by any means and as soon as possible.
3.3 - Electronic reservation procedure
The electronic reservation procedure includes at least the following steps:
1. Choice and composition of the excursion by the customer (date, times, circuit, boat);
2. Acknowledgment and acceptance of these contractual conditions by the customer;
3. Payment of the service by the customer;
4. Confirmation of the reservation by the customer;
5. Registration of the request by the provider;
6. Validation of the excursion and payment within three days by the service provider;
7. Sending of the confirmation email equivalent to an electronic ticket by the service provider.
3-4 - Reservation procedure by any means
The service provider receives reservations by electronic form, email and/or telephone at the following coordinates:
- 04.91.06.18.87 - 06.34.13.74.22.
In any case and beforehand, knowledge and acceptance of these contractual conditions, as well as full payment for the service, are absolutely necessary for the registration of the request by the provider - or the case of the privatization of one or more boats and subject to the specific agreement of the parties, in which the payment of a deposit of 50% of the amount of the service will be required on the day of the reservation, and the balance no later than the day of the excursion.
In the case of payment by cheque, the reservation will be effective provided that the said check has been received by the service provider within 5 days. from this date, the service provider will validate the reservation and the payment within three days by sending a confirmation email equivalent to an electronic ticket.
For services giving rise to the establishment of a preliminary estimate, the contract will only be considered final after the establishment of an estimate by the service provider, sending then acceptance by the customer, confirmation of the service provider and payment for the service.
The quotes established by the service provider are valid for 15 days
In accordance with the provisions of article L221-28 1° and 12° of the Consumer Code, the customer does not benefit in this case from a right of withdrawal.
It follows that the contract is validly formed upon sending of the confirmation email equivalent to an electronic ticket by the service provider, subject to the provisions of Article 6 of these contractual conditions.
6-1 - Cancellation by the service provider
In accordance with the provisions of Regulation No. 1177/2010 of 24 November 2010 concerning the rights of passengers traveling by sea or by inland waterway, delays or cancellations may always occur, without notice, in due to weather conditions compromising the safe operation of the ship or in extraordinary circumstances which could not have been avoided even if all reasonable measures had been taken.
The following events justify in particular and as an indication a cancellation or a delay: strong winds, rough seas, strong currents, difficult freezing conditions and a water level extremely high or low, hurricanes, tornadoes and floods, natural disasters such as fires and earthquakes, terrorist attacks, military or civil wars and armed conflicts, insurgencies, military or illegal confiscations, conflicts disembarkation of sick, injured or deceased persons, search and rescue operations at sea or on inland waterways, measures necessary for the protection of the environment, decisions taken by traffic management bodies or by the port authorities or the decisions taken by the competent authorities in matters of public order and public security, as well as for respond to urgent transport needs.
Technical damage affecting the mechanical parts, the sails or the hull of the boat is also a matter of circumstances justifying the cancellation of the excursion.
The captain of the boat is the only one authorized to judge the meteorological, climatic, navigation conditions, or any circumstances justifying the cancellation of the excursion.
In these cases and in principle, the reimbursement of the service paid by the customer is made by the service provider as soon as possible, excluding any additional compensation.
If the circumstances and the schedule allow it, the service provider can also offer the customer the postponement of the excursion to another date, or boarding at another place.
The same weather conditions or so-called extraordinary circumstances may also justify adapting or modifying, during the excursion, its journey, its itinerary, the activities and/or stopovers proposed by the service provider and mentioned as the case may be and as indicative in the description of the service present in particular on the site.
In these hypotheses and in principle, no complaint, nor even partial reimbursement of the service, nor compensation of any kind whatsoever can succeed.
6-2 - Cancellation by the customer
Whatever the reason given by the customer, the cancellation of the excursion on his own initiative - which he must bring to the attention of the service provider by any means giving him a certain date - is governed by the following rules:
- If the service provider is informed at least 1 month before the scheduled date of the excursion, payment for the service is returned in full, without charge or compensation;
- If the service provider is informed at least 15 days and less than one month before the scheduled date of the excursion, compensation corresponding to 30% of the total amount of the service remains acquired;
- If the service provider is informed less than 15 days before the scheduled date of the excursion, an indemnity corresponding to the full payment of the service remains acquired.
The prices of the services are firm and final; they include all services included.
They are expressed in legal tender and stipulated all taxes, fees and costs of related services included.
8-1 - Cash payment
Except for other terms expressly provided for in the special conditions, payment of the price is made in cash upon booking.
No reservation can be processed in the absence of full payment by this date.
The payment made by the customer will only be considered final after effective collection of the sums due by the service provider.
An invoice will be given to the customer on request.
8-2 - Payment by credit card
Payments made on the website are made by bank card (cards from the Carte Bleue, Visa, Eurocard/Mastercard and American Express networks are accepted) via a secure payment system.
The interface used is secured by the bank Credit Agricole.
9-1 - Contractual scope and exclusions
Apart from the specific and dedicated services, the route and/or the exact itinerary of the excursions, the types of activities and the stopovers offered remain excluded from the contractual field in order to allow the captain to optimize and adapt the service to the factors weather, navigability and all circumstances specific to the excursion, to the passengers of the boat and to the events likely to occur and to influence in any way whatsoever.
Swimming that passengers can do freely during breaks or stopovers is also excluded from the contractual scope; they are therefore not monitored by the service provider or its employees.
It follows that the responsibility of the service provider cannot be engaged in the event of a modification of the route, route or schedules.
The same applies to equipment made available to passengers free of charge by the service provider as part of said excursions (fins, masks, snorkels, underwater cameras, windbreakers, wetsuits, buoys, float vests etc.).
The use of this material is made under the sole responsibility of the passengers, and its absence, its numerical insufficiency or its possible defect cannot found any claim or compensation.
Passengers, however, guarantee the use of the equipment they use and will be held responsible for any damage caused by them, by virtue of the obligations arising from the loan thus formed.
9-2 - Obligations of passengers
9-2-1 - Electronic ticket
Passengers must imperatively present themselves at the place and time of boarding previously announced - i.e. 15 minutes before the departure time - and have their electronic ticket, which is valid as a transport ticket and allows them to board the boat. .
Failure to present said ticket will result in the impossibility of boarding.
The electronic ticket is personal and non-transferable.
A single ticket can however concern several people.
In the case of an electronic reservation, the ticket consists of the confirmation email sent by the service provider.
In the event of a passenger's delay or failure to present the electronic ticket, no refund or compensation may be demanded by the passenger who was unable to board.
9-2-2 - On-board discipline
During embarkation, disembarkation and during navigation, passengers remain fully subject to on-board discipline and a duty of vigilance, with regard to safety requirements.
They must therefore strictly comply with the instructions, recommendations, injunctions and recommendations of the captain and/or his employees, in order to ensure the safety of all (seated position, firm stowage to safety equipment, prohibition to move, etc.) .
Visible warnings on material supports are in this sense arranged at the place of embarkation and on the boat; in particular, they instruct the passengers to hold on firmly to the handrails and handles for this purpose and to remain attentive to the captain's instructions.
The obligation of discipline imposed on passengers obviously continues during specific and festive excursions (cocktail parties, evenings in the creeks, bachelor or bachelorette parties, etc.).
In this respect and in view of the safety requirements inherent in any transport at sea, the consumption of alcohol and tobacco is allowed if it is moderate.
For reasons of passenger safety and comfort, the service provider nevertheless reserves the right to limit or prohibit the consumption of alcohol or tobacco.
It is recalled that the possession and/or consumption of narcotics is strictly prohibited; any violation will be immediately reported to the police by the service provider.
In general and for the purposes in particular of satisfying the safety obligation for which it is responsible, the service provider reserves the possibility of any intervention capable of putting an end to behavior on board likely to endanger the personnel or one of or several passengers, to disturb their tranquillity, to damage or degrade the equipment, even if it is only a question of disrespect of the safety instructions or of any recommendation or injunction formulated by the captain (reporting to the competent authorities, immediate cancellation of the delivery, disembarkation etc.).
Passengers must also imperatively report to the captain or his attendants any damage of any kind whatsoever that may have occurred during the excursion or the nautical and aquatic activities, before leaving the boat and for the purpose of allowing and drawing up a contradictory observation of the circumstances and the nature of the alleged damage - without this in any way leading to the recognition of the service provider of a fault, a breach or of its sole responsibility.
Failing to have expressly reported the alleged damage and to have drawn up a contradictory report in the presence of the captain or his employees before disembarking from the boat, the passengers are presumed to have disembarked safe and sound and their property is deemed to be free from the slightest degradation.
9-2-3 - State of health, minority and state of pregnancy of passengers
Despite all the safety precautions taken, transport at sea involves a risk of falling, even injury, inherent in the unpredictability of the movements of the sea.
Passengers likely to be suffering from a pathology, infirmity or disorder of any nature whatsoever, affecting their back in particular, and likely to constitute a contraindication, must in this sense imperatively consult beforehand to the service a doctor who will be the only one authorized to certify their ability to participate in the excursion and/or any nautical activities offered.
The passengers concerned must in any case and where appropriate report to the service provider by any means allowing the information to be given a certain date, and prior to boarding, any medical contraindication to the performance of one or more activities (nautical and aquatic sports, swimming, diving, etc.).
The passengers concerned must also, where applicable, notify the service provider by any means allowing the information to be given a certain date, and prior to boarding, the special medical assistance they must benefit from (person with reduced mobility, visually impaired, hearing impaired etc).
The same applies to passengers who cannot swim or who swim poorly; they must, if necessary, report it to the service provider by any means allowing the information to be given a certain date, and prior to boarding, so that life jackets can be provided to them as soon as they board, as a precaution.
Pregnant women can make a sea excursion, under their full responsibility, beyond 2 months and up to 6 months of pregnancy not yet completed, subject to presentation to the service provider by any means allowing to give a certain date to the information, and prior to boarding, of a medical certificate explicitly authorizing participation in the excursion.
As a precaution, nautical and aquatic activities (water skiing, towed buoys, jet skis, etc.) are prohibited for pregnant women, regardless of the stage of pregnancy.
Passengers accompanying minors must also, if necessary, notify the service provider by any means allowing the information to be given a certain date, and prior to boarding - a tab is thus dedicated to this purpose at the electronic reservation stage and in particular, it makes it possible to provide information on the age of the minors concerned.
As the service provider does not transport unaccompanied minors, they must imperatively board the boat and participate in the excursion as well as in the various nautical and aquatic activities under the exclusive care, control and responsibility of their ( s) adult accompanying person(s).
Children under the age of two must also wear a suitable life jacket during the excursion; which is supplied by the service provider.
9-3 - Responsibilities
The transition contract entered into under these contractual conditions is governed with regard to the liability of the parties by the provisions of public order resulting from Directive No. 2009/45/EC, Law No. 66-420 of 18 June 1966 on chartering and maritime transport contracts and Decree No. 66-1078 of December 31, 1966 on chartering and maritime transport contracts; codified in the 5th legislative part of the Transport Code.
9-3-1 Bodily Injury
The service provider is not subject to an obligation of safety of result with regard to passengers, particularly in view of the necessary unpredictability of the sea, but only to an obligation of safety of means.
A bodily injury occurring during the trip, or during embarkation or disembarkation, can only give rise to compensation from the carrier if the passenger concerned has been able to establish and materially prove that the service provider has contravened the safety obligations for which he is responsible or that a serious fault has been committed by himself or one of his employees.
Thus, the service provider is not responsible for the fall and/or injuries suffered by one of its passengers during a sea excursion, or during nautical activities, since the navigation conditions were correct - the logbook and the sea diary being authentic in this respect -, and that all the safety instructions have been formulated and reiterated both orally by the captain and on the various material supports present at the embarkation quay and on the boats.
It follows that, in accordance with the rules recalled above, the application of which is of public order, and in the absence of proof to the contrary - the burden of which weighs on the passenger - the bodily accident occurring within the framework of the contract of passage is presumed to be due to the victim's distraction or recklessness.
The service provider is also not liable for damage that may occur during activities that it does not guarantee and which are outside the scope of the contract; thus in particular bathing exercised freely by passengers and unsupervised during break times or stopovers.
In this respect, the loan of swimming equipment cannot be assimilated to a supervised nautical activity.
With regard to the service provider's warnings and warnings, he cannot be held liable either in the event of the occurrence of bodily injury, or any other incident, in connection with the state of pregnancy, or the state of health of passengers, occurring both during embarkation and disembarkation operations, as well as during navigation or any nautical activity of any kind whatsoever.
Passengers remain, in accordance with the applicable common law, liable for bodily injury they themselves may cause at any time, by their doing, their fault or that of the people in their care and for which they are responsible, to other passengers, to third parties, to on-board personnel and to themselves, both during embarkation and disembarkation operations, as well as during navigation or any other activity.
9-3-2 Material damage
All personal effects that passengers take on board with them as part of the passage contract (telephones, cameras, glasses, wallet, jewellery, bathing equipment, etc.) remain in their possession, in their custody or under their control, during operations. embarkation, disembarkation, navigation and miscellaneous activities where applicable.
The on-board staff cannot in any way and under any circumstances be entrusted with any personal and material effects, whatever their value, even on a one-off, temporary and exceptional basis.
It follows that the liability of the service provider or that of its employees cannot be engaged with regard to damage, degradation, loss or breakage caused to goods for which they have neither custody, nor control, nor responsibility.
In this respect, it is specified that the boats are not equipped with any safe, and that the on-board personnel are not authorized to receive any objects whatsoever from the passengers.
Transparent and waterproof pockets are made available to passengers for the purpose of safeguarding their property from the water; their use is however under the sole control and at the risk and peril of the users, whose attention is drawn by means of warnings on material support of the danger of placing the said pouch or any object on the edge of the boat given that a sudden wave could capsize them at any time.
Finally, passengers remain, in accordance with the applicable common law, responsible for material damage that they themselves may cause at any time, by themselves, their fault or that of the persons in their care and for whom they are liable, to other passengers. , to third parties, to the on-board personnel and to themselves, both during embarkation and disembarkation operations, as well as during navigation or any other activity.
The service provider does not guarantee that the site is free from anomalies, errors or bugs, nor that these can be corrected, nor that it will operate without interruption or breakdown, nor that it is compatible with any hardware. .
Customers who visit and use it also declare that they know the characteristics and limits of the Internet, in particular its technical performance, the response times for consulting, querying or transferring data and the risks related to the security of communications. .
All technical documents, products, drawings, photographs given to customers remain the exclusive property of BLEU EVASION, the sole holder of the intellectual property rights to these documents, and must be returned to it at its request.
Customers undertake not to make any use of these documents that may infringe the industrial or intellectual property rights of the supplier and undertake not to disclose them to any third party.
All disputes to which the purchase and sale transactions concluded in application of these general conditions could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which could not have been resolved amicably between the seller and the customer, will be submitted to the competent French courts under the conditions of common law.
For the definition of the competent jurisdiction, the service provider elects domicile at its registered office.
These general conditions are written in French. In the event that they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.
In accordance with the provisions of Articles L. 612-1 and following of the Consumer Code, the customer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or at any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
The mediator dedicated to the passenger maritime transport sector is the Tourism and Travel Mediator; which can be entered using the following form: http://www.mtv.travel/je-saisis-le-mediateur/
BLEU EVASION has regularly declared the website to the CNIL under the number: 1278390.
14-1 - Object and purpose of processing
This site makes it possible to receive customer reservations, and the data collected on this occasion is recorded and processed in a customer file.
This file allows you to:
- Manage reservations, payments and the organization of services;
- Carry out commercial operations (loyalty, promotion, etc.) and send advertisements by email to customers who have not objected or who have accepted it for services similar to those they have ordered.
14-2 - Legal basis for processing
- Management and organization of reservations: the legal basis of the processing is the performance of a contract (see article 6.1.b GDPR), compliance with a legal obligation and the safeguard of the vital interests of the person concerned or of another natural person (see articles 6.1.c. and d. GDPR);
- Sending commercial solicitations by email on services similar to those ordered by customers: the legal basis for processing is the legitimate interest of the company by promoting services to customers (see Article 6.1.f GDPR);
14-3 - Categories of data
- Identity: title, surname, first name, telephone number, e-mail address, processing allowing the identification of the customer, data relating to registration on opposition lists.
- Personal and medical situation: age, state of health and state of pregnancy - data relating to the organization and adaptation of services.
- Data relating to reservations: transaction number, details of the services reserved, amount of payments made, data relating to the payment of invoices (payments, unpaid bills, discounts), complaints.
- Data relating to the means of payment: bank card number, expiry date of the bank card, visual cryptogram (which is immediately erased).
- Data necessary for carrying out loyalty and prospecting actions: history of reservations and services.
14-4 - Data recipients
- BLEU EVASION's customer and billing services are the only recipients of all categories of data.
14-5 - Data retention period
- Data necessary for the management of reservations and invoicing: for the entire duration of the commercial relationship and ten (10) years for accounting obligations.
- Data relating to the personal situation of customers: this data is not kept; they are collected during the reservation and are immediately deleted as soon as the service is completed.
- Data necessary for carrying out loyalty and prospecting actions: for the entire duration of the commercial relationship and three (3) years from the last reservation.
- Data relating to the means of payment: this data is not kept; they are collected during the transaction and are immediately deleted upon payment of the purchase.
- Data concerning opposition lists to be received from prospecting: three (3) years.
14-6 - Rights of access, rectification, opposition and complaint
The customer who no longer wishes to receive advertising from the company BLEU EVASION - whether it is the right of opposition or the withdrawal of consent already given - must contact the service provider by means of a form. to exercise computer rights and freedoms from, for example, these models: https://www.cnil.fr/fr/modeles/courrier
The customer can access the data concerning him, rectify them or have them erased; he also has a right to portability and a right to limit the processing of his data (see the cnil.fr website for more information).
To exercise these rights or for any question on the processing of data in this device, the customer can contact the data protection officer Mr. firstname.lastname@example.org
- Electronically: email@example.com;
- By post: DPO, BLEU EVASION Company, Port of Pointe Rouge - Digue Ouest, 13008 MARSEILLE
If the customer considers, after contacting the company BLEU EVASION, that his “IT and Freedoms” rights are not respected, he can send a complaint online to the CNIL: https://www.cnil.fr/fr/adresse -a complaint