The following general terms and conditions of the sales and service contract apply to all subscriptions made between:
-On the one hand the SARL Le Sens de l’Eau with an initial capital of 6000€ – whose registered office is at 347 route de Seigneurdieu 26400 EURRE – registered in the Register of Commerce and Companies of Romans under the number Siren 883 292 096,
-And on the other hand the subscriber (hereinafter referred to as the “customer”)
The General Terms and Conditions of Sale define the rights and obligations of the parties under the “sales and services contract” between Le Sens de l’Eau and the customer, and comply with the provisions of the Consumer Code and the Civil Code. . Any subscription to this contract is concluded electronically and implies the acceptance of these GCS by the customer who acknowledges having read their entire content even before the formation of the contract:
-The customer acknowledges having the capacity to contract, that is to say in particular to have the majority and the legal capacity.
-The client is responsible for his group, undertakes in this respect undertakes to transmit all the information described in this contract to all the participants and this before the start of the canyoning service.
I - DEFINITIONS
● “Le Sens de l’Eau”: SARL specializing in the resale of sports activities; the purchase, sale and rental of all derivative products and all types of professional, leisure and sports equipment (883 292 096 R.C.S. Romans). In the exercise of the activities of: canyoning, via ferrata and climbing in Sierra de Guara and in the Jura.
● “Client”: natural person designated in the reservation form by “surname and first name” who makes the reservation. This person is responsible for all the participants in his group.
● “Participants”: natural persons designated in the reservation form who constitute the group as a whole, including the customer.
● “Services”: Canyoning and aquatic hiking are an outdoor activity consisting of progressing on foot in the bed of a watercourse following a route established in advance and alternating swimming, jumping, walking and reminders. The via ferrata is a sporting route made up of bars and metal cables that ensure progress on rock walls. Climbing is an activity that consists of moving on the rock, with bare hands, provided by a teammate using a rope and a harness on a route drawn and secured in advance. These three performances begin at the start of the approach walk and end at the end of the return walk.
● “Instructor”: Professional with the diploma necessary for the supervision and experience of canyoning, climbing and via ferrata activity with the status of independent worker. He has total free will of the decisions to be taken to ensure the safety of the group and to decide to carry out or cancel all or part of the service. The relationship between Le Sens de l’Eau and the instructor is governed by a collaboration contract established between these two parties for the current year.
II - TERMS AND CONDITIONS FOR BOOKING SERVICE BENEFITS FROM LE SENS DE L'EAU
The contract is concluded exclusively electronically.
To validate the reservation, the customer must complete the reservation form in its entirety and tick the box: “I acknowledge having read and accepted the “General Conditions of the Le Sens de l’Eau sales and service contract”; then click on the “Finalize” button.
● For institutional groups, non-refundable reservation deposits (except in cases of force majeure) of 20% of the total amount will be requested to validate the reservation.
● For individual groups, the reservation is made without deposit (except gift cards which can be paid in advance).
III - EFFECTIVE DATES AND DURATION OF THE CONTRACT
● The Contract takes effect concomitantly with the validation of the reservation form by the customer on the website www.lesensdeleau.fr and www.lesensdeleau-jura.fr and ends at the end of the last service performed by all participants of the group.
IV - LE SENS DE L'EAU'S OBLIGATIONS TOWARDS THE CLIENT AND THE PARTICIPANTS
● Following the Customer’s online reservation, Le Sens de l’Eau undertakes to send an automatic message by email: “the summary of the reservation request”, specifying the information relating to the group as well as the total cost of the benefit.
● Le Sens de l’Eau undertakes to respond as soon as possible, by an individual message by email, to validate or invalidate the reservation request. In case of unavailability, Le Sens de l’Eau informs the customer. If validated, the message will include: a meeting place and time, practical information to prepare for the outing. The obligation disappears in the event of non-receipt of the reservation message for a technical reason. For this reason, the customer is invited to consult his spam box.
● Le Sens de l’Eau undertakes not to transfer any information concerning the client and the participants to third parties.
● Once the reservation has been validated by an Email “reservation validation message”, Sens de l’Eau undertakes to make every effort to provide the services in accordance with the terms of the contract and the security some people.
● Le Sens de l’Eau undertakes to provide technical canyoning, via ferrata or climbing equipment suitable for the performance of the service, to all participants in the activity.
● Le Sens de l’Eau undertakes to check the legal information concerning the professional instructor who supervises the client’s group: up-to-date professional diploma, professional civil liability insurance taken out, if necessary Personal Accident Insurance (to cover an accident or incident which would not engage the personal responsibility of the monitor and which would not be covered by the participant’s own insurance). Le Sens de l’Eau also undertakes to verify the competence and ability of the instructors to exercise this sports supervision function.
V - CUSTOMER AND PARTICIPANT OBLIGATIONS TOWARDS SENSE DE L'EAU
● The client guarantees the accuracy of the personal information transmitted concerning all the members of the group, and in particular:
The first and last names of each participant, a valid telephone number and email address, the date(s) of the activity, the level of the group (Unsporty – sporty – heterogeneous), the exact measurements of each participant.
● The customer agrees that he and all the participants in the group are in good physical condition for the practice of the activities, and are comfortable in the aquatic environment (no panic fear of immersing himself in water), and in the vertical medium. The customer agrees to respect the equipment provided by Le Sens de l’Eau. He is responsible for any damage he may cause to the equipment provided by Le Sens de l’Eau. Compensation may be requested in the event of loss or damage to the equipment.
● Participants must bring the following equipment: a bathing suit, closed shoes with good ankle support (such as trainers or walking shoes), a picnic lunch and a liter of water per person. The customer is solely responsible for his own equipment.
● The client undertakes to notify us in the event of a delay in relation to the appointment schedule previously transmitted by the personalized validation. If it is impossible to make telephone contact due to a delay, the instructor will wait about twenty minutes at the meeting point. The customer cannot exercise the right of withdrawal (article L. 221-28 of the consumer code)
● In the event of a medical problem, participants must inform Le Sens de l’Eau and the instructor in charge of the group, the morning of the outing and ensure that there are no medical contraindications to the practice. activities.
● Participants agree not to be under the influence of drugs, alcohol, or other medications, which may affect their ability to understand and their physical aptitude. Participants are responsible for taking medication for the duration of the service.
● The participants undertake to respect the safety instructions which will be transmitted to them by the professional instructor responsible for the group, throughout the duration of the service.
● Special conditions for large canyons, participants must:
have a very good experience of abseiling canyoning;
declare that they have no lesions and injuries to the lower limbs (ankles, knees, hips etc.) which would slow down the progress of the group;
Le Sens de l’Eau requires the prior reservation of a classic canyon with the Sens de l’Eau team, in order to assess the level and physical capacity of the participants.
VI - CANCELLATIONS AND GUARANTEES
● Following the customer’s reservation and receipt of the message “reservation request summary”, Le Sens de l’Eau does not guarantee availability on the basis of the desired dates. The dated reservation will be validated from the moment the customer receives the personalized validation message of the reservation.
● Le Sens de l’Eau has an obligation of means but no obligation of result. In other words, Le Sens de l’Eau cannot guarantee the realization of a perfect service, but will make every effort to achieve it. In particular, Le Sens de l’Eau cannot guarantee the consistency of natural elements: water color, water temperature, weather conditions, etc.
● Cancellation at the initiative of Sens de l’Eau or the independent instructor: if the water level or weather conditions jeopardize the safety of the participants, or if the instructor considers that there is a danger for the participants due to a physical level considered insufficient, the Sens de l’Eau and/or the instructor reserve the right to cancel the outing at any time. The cancellation of the service entails the cancellation of the obligation to pay for the service, except in the case where the aquatic activity has already begun (that is to say from the moment when the participants immerse themselves in the water in neoprene suits for aquatic activities, or from the moment the participants enter the structure, cliff or via ferrata, equipped with harnesses).
● Cancellation at the initiative of customers/participants: in the event of cancellation or modification less than 3 days before the outing (72 hours), Sens de l’Eau reserves the right to request a cancellation compensation of €20 per person and per canyon, or to modify the conditions of the service. In case of absence at the appointment, Le Sens de l’Eau reserves the right to ask the customer for the full amount of the service. If the number of participants is less than the number of the reservation, the price to be paid will be that of the number of participants of the reservation.
VII - PRICES AND PAYMENT CONDITIONS
The prices are expressed in Euros, are for a natural person for half a day or a day and are those indicated on the websites. Each time a reservation is issued, an estimate is issued automatically, not taking into account any reductions.
The rates do not include any costs around the organization of the day: transport, picnic, parking costs etc…
Prices on the Sierra de Guara website www.lesensdeleau.fr:
60 € per day and per person
50 or 55 € per day and per person
60 € per day and per person
50 or 55 € per day and per person
90 € per day and per person
80 € per day and per person
* Reduced rates of 55 € per day and per person on presentation of supporting documents for:
– large families ;
– job seekers ;
– students ;
– works councils.
* Reduced rates €50 per day per person (except august) for structures and associations for yuong stays.
Prices fir the “prestige” option :
2 people: 390 € / canyon
3 people: 430 € / canyon
4 people: 470 € / canyon
5 people: 510 € / canyon
6 people: 550 € / canyon
The participants undertake to pay the service in full at the end of it. The Client is responsible for the payment of all the participants in his group (between whom there is joint payment) and undertakes to cover the possible failure and non-payment of one or more of the participants.
Payment is made at the end of the service on site by cheque, cash or holiday vouchers. Transfers are possible with a prior request from the customer. As a last resort, there is the possibility of paying via the Lydia application. No credit card payment is accepted.
Any reduction cannot be maintained in the event of cancellation of one of the reserved days, or in the event of withdrawal by one or more people in the group.
Legal proceedings could be initiated in the event of non-payment of the sums due, whether it is the amount of the service or the amount of the compensation for cancellation.
Any dispute between Le Sens de l’Eau and the customer is handled in French and falls within the jurisdiction of the civil courts of the company’s head office. Thus, the recovery procedures will be heard at the judicial court of Valence (Drôme).
VIII – OTHERS THINGS
● Correspondence and complaints:
Any request for information, additional information, request concerning the provision of services by Le Sens de l’Eau, must be addressed exclusively to LE SENS DE L’EAU 347 Route de Seigneurdieu 26400 EURRE.
Phone: 07 84 38 39 81
● Le Sens de l’Eau is not responsible for objects carried by participants into the canyon throughout the duration of the service, whether they are damaged, lost or stolen (mobile phone, watch, go pro, cameras, etc.) ). Containers whose absolute tightness cannot be guaranteed are only reserved for picnic supplies.
● The instructor and Le Sens de l’Eau are not responsible for vehicles left parked during the course of the service.
● “Image rights”: all the images of the participants (photographs or videos) taken during the service by the instructor, may be used by Le Sens de l’Eau, with the tacit agreement of the people filmed or photographed, subject to that they are neither degrading nor demeaning. A participant can always object to this rule by simple written request.