General terms and conditions of sale
General terms and conditions of sale of Le Diamant Bleu (below mentioned as “DB”)
Purpose and scope
The booking and the progress of the cruises by Le Diamant Bleu as well as any associated services are subject to the present general conditions of sale which prevail on any document including prospectus, advertisements, and / or other document of the customer, including all general conditions of sale or purchase, the latter not being opposable to DB. Any booking or purchase of a service implies full acceptance of the customer without reservation to these general conditions of sale.
BOOKING AND PAYMENT
DB offers cruises open to the public on all or part of its partner boats.
2.1 Cruises open to the public2.1.1 DB keeps the right to refuse to board passengers under the age of 18 who are not accompanied by adults
2.1.2 To validate the reservations DB may request before the cruise, a partial or total payment of the amount all tax inclusive of the purchased service, specifying that the exchange vouchers presented by the Customer will only be accepted when they have been issued by an intermediary authorized by DB.
2.1.3 When booking, persons with reduced mobility are invited to inquire of DB about the accessibility of the boats and the time of presentation before boarding.
2.1.4 Particularly for groups of at least 15 people, the booking is obligatory and only becomes definitive after being received by DB, at the latest 48 hours before the date of the service, of a confirmation of the Client by any written means (mail, fax, email), which DB will acknowledge. This confirmation must imperatively be accompanied by the payment corresponding to the totality of the payment of the service.
3. PRICES – INVOICING – PAYMENTS – LATE PENALTIES
3.1 The prices invoiced by DB are mentioned in euros all taxes included and are fixed on the basis of the tariff conditions in force on the day of the reservation which are available on simple request of the Customer. They are subject to the VAT rate legally in force and may be revised without notice especially in case of creation of any new taxes or charges and / or any modification of current taxes or charges which would automatically imply a readjustment of prices.
3.2 Unless otherwise agreed by DB, the services invoiced by DB must be paid by check, credit card or bank transfer upon receipt of the corresponding invoice.
3.3 In the event that a payment deadline is granted in the invoice, any delay in the payment will entail as of right and without formalities, the payment of late penalties calculated on the amount ex-Tax due in principal in accordance with the regulations in force, which are currently set at three (3) times the legal interest rate.
4.1 Cancellation by the Customer
4.1.1 For cruises open to the public, in the event of cancellation for any reason whatsoever: – because of the groups, the sums already paid to DB will remain for it, – because of the other Clients, the tickets sold by DB will not be reimbursed by DB, they may however be carried forward for a flat sum of 15 euros per person and for a maximum period of 1 month after the cruise initially booked.
4.2 Cancellation by DB: In case of cancellation of a cruise by DB for any reason whatsoever and in particular in the cases referred to in articles 5.2 and 6 hereof, the customer shall be entitled as far as possible to replacement within 3 months by an equivalent benefit of the service not provided by DB or for customers resident abroad to its reimbursement to the exclusion of any damages.
5. RUNNING OF CRUISES
5.1 Rights and Obligations of DB
5.1.1 DB undertakes to implement the appropriate means to ensure the proper running of cruises under the conditions set out in the reservation and declares to have taken out the insurance necessary for the exercise of its activities.
5.1.2 Since cruises are subject to the rules applicable to inland navigation, DB reserves the right to modify, without notice or compensation, its cruises (in particular as regards itinerary, duration, schedules, boat …) or cancel them at any time, including the day of departure, in application of the aforementioned rules or in particular cases, and without this list being restrictive, force majeure, terrorist acts or threats, river floods, bad weather, thunderstorms, instructions given by the administration, mechanical incidents and in general any event likely to endanger the safety of people and well transported.
5.2 Rights and Obligations of Clients
5.2.1 For cruises open to the public, if the Customer arrives late, he may, if necessary, be admitted to the next boat based on available seats without ever claiming reimbursement of the purchased service.
5.2.2 DB reserves the right to refuse boarding passengers whose behavior (eg drunkenness, behavior disorder, etc.) would be likely to disturb the smooth running of the cruise. It will not be allowed on the boat any animal or equipment, which could be dangerous for the personnel or the passengers.
5.2.3 Each passenger must present his / her ticket (Boarding Pass – Voucher) on the boat either in paper format or in digital format on a smartphone. Passengers who present themselves with an invitation voucher or a coupon without having previously booked their cruise, and therefore without a ticket, will have to pay 10 € per person of booking fees at the time of boarding.
5.2.4 From the moment he is invited to board, each passenger must strictly comply with the instructions and safety instructions given by the boat’s staff and will be required to ensure his own safety and that of the persons he may have custody and / or property (clothing, luggage and other personal effects) of which he is the owner, keeper or guardian; each passenger is prohibited in particular from entering the unauthorized spaces of the boat and in particular in the location of the engine, as well as in the cockpit.
6.1. Since cruises are subject to all the rules applicable to inland navigation, DB reserves the right to assess the navigability or non-navigability of the river and will in no way be held responsible for any changes or cancellations. a cruise resulting from the application of the abovementioned rules and in general of any event likely to endanger the safety of people and well transported.
6.2. DB will in no way be held responsible for damages of any kind resulting in particular from force majeure, terrorist acts or threats, flooding of the river, bad weather, thunderstorms, incidents technical, of a failure of one of its service providers or of those chosen, if any, by the Customer, and generally of any other event of any nature whatsoever that would be beyond the control of DB .
6.3. DB disclaims all liability for theft or damage to passengers’ clothing, hand luggage and other personal belongings, and reserves the right to charge the Customer for any damage to the boat and its equipment caused by the boat itself and, in general, by any person whom he answers (minor accompanying him, member of his group, provider he would have chosen, etc.).
6.4. DB disclaims all liability in the event of non-compliance by the Customer with these terms and conditions of sale, and the general and special policy regulations, without prejudice to the damages that may be claimed due to the damages that may have occurred because of this non-compliance.
The fact that our company does not prevail itself at a given moment of any of the clauses of the present cannot be worth renunciation to prevail itself later of these same clauses.
8. APPLICABLE LAW AND COMPETENT JURISDICTION
In the event of any dispute relating to these general conditions of sale and to the cruises and related services that they govern, the French courts will have sole jurisdiction and only the French law will be applicable. Disputes arising between DB and its clients registered in the Trade and Companies Register will be submitted to the Commercial Court of our company’s registered office.