The reservation agreement between the Customer and Aquitaine Cruises Ltd., hereinafter referred to as Company. Customer means any person or natural or legal persons with which the Company enters into a reservation contract; This should not be limited to the person or persons who make a reservation, but also applies to all persons included, designated or not. Registration for one of the cruises offered by the company constitutes acceptance of Terms and conditions of sale set forth – below. In dating and signing the travel contract drawn up by the vendor from whom he buys his journey with the mention that the conditions are accepted, the customer expressly acknowledges information about the trip he chose through our brochures and web communications. It is therefore referred for details of the trip to the information contained in our brochures. The cruises or services “out brochure” are subject to the same conditions.
These conditions may have been translated from French into another language. In case of any differences in the texts resulting from this translation, the French text shall prevail.
TERMS AND CONDITIONS OF SALE
Pursuant to Article R.211-12 of the Tourism Code, brochures and travel contracts proposed by travel agents to their customers must include in full the terms and conditions following from articles R211-3 to R211-11 of the Tourism Code. In accordance with Articles L211-7 and L211-17 of the Tourism Code, the provisions of Articles R211-3 to R211-11 of the Tourism Code, the text of which is reproduced below, are not applicable for reservations or sales of tickets not included in the framework of a tourist package. The brochure, quotation, proposal, the organizer’s program constitute the prior information covered by article R211-5 of the Tourism Code. Therefore, failing otherwise transmitted to the client, features, special conditions and price of the trip as indicated in the brochure, quote, proposal of the organizer, will contract upon signing of the order of registration. In the absence of a brochure, quotation, program or proposal, this document constitutes prior to signature by the purchaser, prior information covered by article R211-5 of the Tourism Code. If the contract of assignment, the assignor and / or assignee are previously required to pay the resulting costs.
2-CONDITIONS OF SALE
2.1-PRICE: Our prices in euros are per person. They are established on the basis of economic conditions existing at January 4, 2018 and is calculated at a flat rate including a set of services described in the programs and reserved by the customer to the exclusion of all benefits that the customer will book and pay to edge and excluding other costs and expenses occasioned by a fortuitous event (strike, riot, revolution, terrorist attack, weather conditions, water levels …). They are dependent on different factors in their calculations such as cost of transportation, cost of loading and unloading, port costs, fuel costs, various fees and taxes and are subject to revision. Therefore, and in accordance with the regulatory part of Book II of the Tourism Code, we reserve the right to revise the prices reported in this booklet in case of changes in fuel costs, exchange rates, various taxes such as VAT , taxes, … prices include all taxes, must be confirmed by the seller travel agent at the time of registration. If changes, recall more or less will not necessarily operated at the date of payment of benefits, but at the time of use, which only account. In any case, no price change shall occur within 30 days of departure.
2.2 -Duration TRAVEL – ACCOMMODATION: The times shown does not match the number of days spent at the destination, but the total duration of the trip, including transportation, a number of nights and do not necessarily correspond to a specific number of whole days. If due to time imposed by various means of transport the first and last days are shortened by a late arrival or early departure no refund could take place. Travel time is calculated from the day of the summons until the day of return. Meals of the last day are not included, unless specified on the program, and are the responsibility of the traveler. The last day benefits stop after breakfast.
2.3-PAYMENT OF TRAVEL – REGISTRATION AND REGULATION: Registrations can be made at any time in all travel agencies and within the limit of available seats. The programs and contract prices will be those mentioned on our sales contracts, which must be taken by the seller travel agent on the copy issued to the passenger and signed by him for acceptance. The preliminary information is provided by our brochure, complete any changes and corrections provided at time of registration request from the Company.The client acknowledges having read all these elements.
Payment terms applicable to the individuals bookings:
Payment terms applicable for groups (up to 10 pax) charter:
You will be considered registered once you have paid a deposit of 25% of the tour price when booking. Payment is possible through Paypal, credit card or instant bank transfer. The Company has the right to load and modify the commission on each payment. The trip will you be guaranteed if the total settlement amount does not reach us within 30 days before the date of departure. Non-payment of the balance specified dates constitutes a breach which is the subject of an immediate resolution clause of the contract. For registrations made within 75 days before the departure date, the total amount must be paid at registration. In case of non-compliance of the above deadlines the Company reserves the right to take the seats if the customer has not paid the amounts expected by the company within 7 days from the notice of payment transmitted by the Company. Under Articles L-441-3 and L – 441-6 of the Commercial Code any delay in payment will result in the application late penalty equal to 1.5 times the legal interest rate. Furthermore, no discount is granted for advance payments. Travel documents and travel tickets will be issued after payment of the full price. Cash payments and regulations made by means of electronic currencies are legally limited to 1 000 €. Beyond this amount, you must use another means of payment (check, credit card, for example). The limitation applies to professionals and individuals with tax domicile is established in France. This limit amounts to € 15,000 if the individual debtor does not tax resident in France.
2.4-FEE IF CHANGES BY THE CUSTOMER BEFORE DEPARTURE:
For cruises: Every fifteen days file modification before departure will result in € 50 excluding fees per person (excluding postage charged extra) in no case refundable and payable immediately by credit card or transfer only (no payment by check will be accepted). However, no changes will be accepted at least four days before departure. These costs will also be requested in case of transfer of the contract to a third party. Attention all cruise modification date is considered a cancellation and will be subject to a cancellation fee.
2.5-FEES SHIPMENTS: The Chronopost cool guy, urgent service … possibly necessitated by the fact of a late registration, postal strikes or other circumstances beyond our control will be charged to the agency travel or customer.
2.6-CANCELLATION: In case of cancellation by the customer, the refund of amounts paid after deduction of the amounts cancellation fee per person specified below depending on the cancellation date compared to the date departure and non-refundable fees are insurance fees, booking fees and visa fees and any other cancellation fees charged by our suppliers. If one of the passengers of a room or double cabin cancels the reservation, the remaining passenger will pay the extra room or double cabin for single use. All cancellations must be received by registered mail with return receipt.
Cancellation fees related to all benefits of the Company:
All cancellations must be submitted in writing to the Company.
2.7 CANCELLATION: All cancellations must be submitted in writing to the Company.The cancellation by the customer of the contract with the company is only possible if a right of withdrawal has been expressly agreed in the contract and when booking if there is another right of withdrawal or if the Company expressly agrees cancel the contract. The agreement of a right of withdrawal and possible consent to the cancellation of the contract must be made in text form with the required amount. If it has been agreed that the customer may cancel the contract free of charge within a specified period, the company has the right, during this period, to withdraw from the contract if the demands of other clients are available for the booths reserved by contract and the client must request in advance of the contract the company a reasonable time on its right to terminate the contract. We highly recommend taking a trip cancellation insurance at the time of the initial payment. If canceled, the following fees will be retained by the Company, if nothing else is agreed at the time of booking and written in the bookingconfirmation.
We reserve the right at any time to cancel any booking or part of it for any reason whatsoever, and the only obligation of the Company to repay all amounts paid for the canceled part of cruising by the Client without further liability. The Company cannot be held responsible for any loss, damage, injury or delay, including travel delays due to bad weather, strikes, terrorist attack or any other causes beyond its control, initiated by the Client before the start of the cruise or during the cruise. If the client is refused entry to France due to non-compliance of papers (passports, visas, health certificates, etc.), the company accepts no responsibility for negligence of the customer of this nature , and the standard cancellation procedure applies. In case of force majeure, unforeseen circumstances such as bad weather, floods, drought, strikes, terrorist attack and channel closures may occasionally result in changes to cruise itineraries and / or excursions. The Company is not responsible for these events. A change of route or excursions will not be accepted as a cancellation of a cruise pattern. An alternative will be chosen and customers will be informed of any changes. The Customer has no right to claim to the Company due to the failure or engine problem of the boat or other equipment or delays caused by repairs ships. Reserving a cruise means that the passenger is in good general health and can participate in this type of travel.
The company assumes no responsibility for illness, injury or death of a passenger before, during or after the cruise. The customer will be required to reimburse the costs generated in such cases even to indemnify the company. Insurance against personal injury and / or loss of personal effects is not included in the price and no responsibility can be accepted for accidents or loss on the boat or out. It is strongly recommended to clients to ensure themselves and their property. For loss or damage that would be caused by the negligence of the Company,its liability is limited to the price paid for the cruise. Passengers are liable for and shall pay to the Company all damages caused to the ship, its furniture and any equipment (including bike) ownership of the Company or to himself or to a third party caused directly or indirectly, in whole or in part, or any act or omission of the passenger, intentionally or negligently: it is for the customer to repair, replace or refund the lost object or broken the boat crew before the end of the cruise. This repair option or replacement is at the sole discretion of the Company.
The Company will not be responsible for damage, injury, death, inconvenience or expense due to the act of fault or action of any subcontractor associated with the cruise. The company is insured for any damage category that a passenger might encounter on the boat. Every care has been taken to ensure the accuracy of hosting descriptions boats. All information is indicative and no responsibility will be accepted by the Company for any changes or inaccuracies. For the health and safety of passengers and crew, smoking is only allowed outside of the ship and on bridges. Passengers are advised to get rid of cigarette residue or appropriately cigars and agree to assume all responsibility for any harmful consequences of tobacco remains: ashes, smoke …
These general conditions are governed by French law and in case litigation, all parties will have to submit to the exclusive jurisdiction of the courts of Bordeaux at any time and for any purpose.
2.8-REFUNDS / DISCOUNTS:
No refunds can only intervene if the client does not show the times and places mentioned on the convening of travel transmitted to it, as if he cannot present the police documents or health required for his journey (passports, visas, identity card, certificate of vaccination …) Aquitaine Cruises cannot be held responsible for a delay prepositioning air, rail or land that would cause the non-presentation of the departing passenger for any reason whatsoever, even if the delay due to a case of force majeure, of unforeseeable circumstances or because of a third party. The renunciation of the services included in the travel services will not be refunded. Complaints about possible price differences cannot be considered. The signing of the reservation contract and the payment of the invoice by the customer as agreed acceptance rates and travel conditions. It is impossible to Aquitaine Cruises consider, in retrospect, discounts or promotions in place after confirmation of travel. The reductions apply to the basic price excluding airport taxes, surcharges, handling fees, visa fees and insurance. Possible discounts are not cumulative with each other and can only be granted on commissioned rates or promotions.
INDIVIDUAL CABIN: The individual cabins are allowed up to 6% compared to the quota only.
2.9-PROCEDURES: Participants must meet the police and customs formalities in force at the time the course of the trip and according to their nationality, and be provided with all visa stay and transit and health certificates if required and this for all the countries affected by the route of the cruise or stay. For French nationals, we draw your attention in particular to the fact that since 1 January 2014, French legislation has extended the validity of the national identity card which is extended to 15 years instead of 10 years.
2.10 CHILD / CHILDREN: Bookings from minors will not be accepted. These must be made by parents or other adults over 18 years with proper permissions. Minors under 18 are not allowed to travel alone on board. They must be accompanied by parents or adults over 18 years. No alcohol is served to minors on board. An audit of the client’s age may be requested by the crew.
2.11 HEALTH, MOBILITY, SPECIAL ASSISTANCE AND MEDICAL CONTRAINDICATIONS:
All passengers must make sure they are medically, physically and / or mentally able to take a trip without endangering their lives or those of others. No medical service is provided on board our boats. Any passenger with a physical or mental incapacity, limited capacity for mobility, being a disease requiring treatment or medical assistance or pregnant women should inform the travel agent at the time of booking. Indeed, no reservations will be accepted for passengers whose physical or mental conditions are likely to make their participation in the cruise or impossible or dangerous living for themselves or others or involving the safety of the ship, or conditions that require care or support to ensure not on board, partly because of unsuitable infrastructure. If necessary, people with reduced mobility may be accompanied at their own expense in order to obtain the required assistance. Any personal accident, diversion or charges forced stop disrupting the course of the trip would be the responsibility of the passenger who hid his incapacity. We recommend wearing shoes with non-slip soles adapted to life on board and excursions.
2.12-LANDING AND DENIED BOARDING PREMATURE: Boarding may be denied to any passenger and cruise can be interrupted for any passenger (the risk and expense of the landed passenger) when, in opinion of the commander or head of edge, passenger is not able to travel for administrative reason or other legitimate reasons, or disturbs or endangers other passengers. Such passenger may be disembarked at any port of call, without prejudice to possible prosecution or penalties by the competent authorities of the State concerned and without the responsibility of the owner being incurred. The Company may be required to repay the days not worked by the cruise passenger disembarked, nor to bear any costs incurred by the landing
2.13 FOLLOW THE TIMES CALLS: On call, the time limit schedules back on board and departure of the boat are mentioned on the boat and specified by the responsible board. It passengers to respect these times. The Company disclaims liability for non-boarding. No refund or compensation is due to the passenger in the event of non-compliance by him of the rules.
Optional 2.14-EXCURSIONS: hiking, biking, golf, etc …: The excursions mentioned in the brochure are optional. Routes excursions suggested in the programs are provided for guidance and are free choice of each passenger. These recommendations are subject to change due to external circumstances (eg, weather, strikes, transport delays, site closure, …) or because of local service providers. We are not responsible in case of unpredictable variation. In case of cancellation of a call, the Company will make every effort to ensure equivalent quality replacement activities. If definitive cancellation of a stopover, no compensation can be claimed as such. Any dispute, incident or accident in their conduct must be solved on the spot with the concerned officials and does not in any case engage the responsibility of the Company or the travel agency where was booked the trip.
2.15-PERSONAL / LUGGAGE are prohibited on board the animals, dangerous objects and products such as illegal substances, drugs, contraband materials, firearms, blunt and sharp objects, explosives, oxygen, compressed air or flammable products. .. the Company reserves the right to deny boarding to a passenger with them. The passenger liable for all damages to the owner due to non-compliance indicated above. Any loss of objects or any damage suffered by the passenger must be reported in writing to the board from the office of Ship during the cruise and accompanist or responsible through a circuit or a stay. The statement must be sent to the company by the passenger within three days of the end of the stay. Except in case of fault of his own, the company cannot be held responsible for loss, theft, pilferage and / or damage to property of the passenger. Our crew is available for handling luggage and responsibility for it cannot be committed. For the duration of the journey, baggage and the surveillance of personal belongings are in the passenger’s responsibility. The Company draws the attention of travelers on the fact that it can in no case be held responsible for forgotten items and it is responsible or their research or their repatriation. Therefore, the client makes the luggage forgetfulness will result in the potential additional cost carrier to recover. The customer is informed that in case of an oversight of luggage and a necessity of returning said luggage by the Company, the Company disclaims any responsibility for the contents of the latter and his dismissal. It is strongly recommended that passengers take out baggage insurance. If lost, late delivery or luggage damage through an air transfer, it is the passenger at the airport to fill a ballot irregularities luggage from the airline. The original will be required by it to any treatment claim.
2.16-OBJECTS OF VALUES: The Company is liable for loss or damage to valuables, money, securities, jewelry, personal property. We ask you not to leave valuables unattended. Furthermore, we advise you not to leave your luggage entrusted to carriers of valuables, keys or identification documents, essential to your health drugs. We cannot be held responsible for damage, loss or theft of personal belongings. All purchases made during the cruise are the sole responsibility of the
2.17-customers CLAIMS: Any assessment of subjective order will be considered with interest, but will not give rise to compensation. If problems arise during the trip, it is highly recommended to share it immediately with your attendant or purser in order to make a real-time solution. In case of non-delivery or non-use of a service by client’s decision, no refund will intervene. Any complaint must be sent to us within 10 days of the end of travel, by any means to obtain a receipt to the seller, and this under the Tourism Code, and will be considered in the as it was found. The Company informs you that the response time is 1 to 2 months maximum duration of the survey of the services concerned. For any dispute concerning the Company, after entering our services and failing a satisfactory reply within a maximum period of 60 days, the passenger can enter the Tourism and Travel mediator, including contact details and entry instructions are on his website: www.mtv.travel.. Remember that each passenger uses its free choice of external service providers to the boat on her travels. In case of dispute between the passenger and other traders or external providers, the Company disclaims any responsibility and not intervene in the settlement of any conflict.
2.18 CANCELLATION OF CRUISES BY THE COMPANY: The Company reserves the right to cancel cruises due to circumstances of force majeure, recurrent climatic or natural events (rises and falls, cyclone …) or involving the impossibility enjoy certain benefits for reasons of passenger safety, and this at any time before departure, without obligation other than to refund the sums paid. In this case, the customer cannot claim any additional compensation. The company will propose to the passenger in possible cruise substitution of equivalent value. The passenger will have the right, at its option, to benefit from this alternative cruise or to be repaid with the procedures laid down in these conditions. If accepted by the passenger of the substitution cruise, no refund or payment of compensation for damages will occur. The Company reserves the right to cancel any cruise up to 21 days before departure in case of insufficiency of participants; the customer may not claim any compensation in this case.
2.19 MODIFICATION PROGRAMS ROUTES AND SCHEDULES: If strikes, riots, bad weather conditions endangering the operation of the boat safely or extraordinary circumstances or for any other legitimate reason, the Company may at any time and without notice, advance, delaying a start or stop or possibly change of call and cannot be held liable towards passengers in case of cancellation, advancement, delay, alteration or substitution. We reserve the right to commanders of vessels, cruise directors, guides and local representatives of the Company,if the circumstances require it to change at any time, routes and orders of our programs. In general, and this is the universal law, the commander of the ship’s primary mission is the safety of passengers. Whatever boat or destination, it is the only master on board and may, at any time, to divert the boat or drop a call. The commander may cancel the cruise or modify the cruise itinerary if it deems appropriate for the interests of passengers and the safety of the ship. The Company is not responsible for damage caused by delay, away from the agreed start and / or end time or making available a replacement ship because the agreed ship was not available due to unforeseen circumstances. The Company is not responsible for damage caused by a mechanical malfunction of the boat. In case of interruption of the cruise to the circumstances of force majeure, the client will get a refund of unused carried cruises but not be entitled to any additional compensation. If such changes or trip cancellations would occur, it would be applied to articles R 211-9 to R 211-11 of the Tourism Code. Possible hazards (civil holidays or religious, political demonstrations, strikes, breakdown, congestion, changes by government authorities, or any other legitimate reason) can cause changes in the stops, visits or trips, changes of which the Company cannot be held responsible and that cannot generate client’s claim. Precise stop cannot be the purpose of a program to discover a region in general and the pleasures of sailing.the Company Nevertheless,will make every effort to remedy the better to problems.
2.20-CHANGING THE CLASS NUMBER OR CABIN BY THE OWNER: For technical or operational reasons, the shipping companies or shipowners are entitled to assign the passenger cabin other than prescribed or selected reservation. In this case, the new cab is to be attributed at least in the same category. This change is not considered a valid reason for cancellation by the customer or a significant change in the contract and does not give rise to any compensation.
2.21-TRANSPORT: Changes / Cancellation: The strong increase in air and rail traffic, events beyond our control (strikes, technical incidents, weather, …) and security requirements are that airlines and railway companies, are not always able to meet the programmed schedules. Delays, both from that return, are possible and are beyond the control of the Company, no compensation other than that provided by law shall be granted, regardless of the personal or professional consequences incurred. It is therefore recommended to the client to provide a reasonable time, especially at home, in case of correspondence or important commitments. Changes of hours and dates imposed by the railways or airlines, can intervene on departure and arrival, and lead to a reduction or an extension of the trip. No compensation cannot take place as such on the price of the cruise. We recommend that customers making a pre or post delivery on their own, to book changed or refunded tickets. No customer is the cruise cancellation related to rail or air traffic will be taken into account. For information, airlines advise the re-confirmation of the return flight, it is for passengers to do so within the required time.
2.22 LIABILITY FOR PASSENGERS: Each passenger (or if a minor, his parents or guardians) is responsible for and agrees to indemnify the company for any damage to furniture, equipment or other property element of the boat for all damage in hotels or on planes used by the passenger as part of his trip. Each passenger (or if a minor, his parents or guardians) is responsible for and agrees to indemnify the company for any fine or violation imposed on the company because of an act, omission or breach of a law, whether or not a voluntary act on the part of the passenger. Passports must be in good standing with the countries crossed. It is the passenger to ensure the validity and compliance of his passport. Complaints about billing must be made in writing, clearly defined and documented and sent if possible, to the Company, within 10 working days after receipt of the invoice. Complaints about the contract must be clearly defined and described in the Company and / or captain after the customer has discovered the defects and anomalies. The consequences of improper filing a complaint are borne by the customer.
2.23 LIABILITY COMPANY: As the organizer quality cruises both in its capacity as owner, as charterer, the obligations of the Company are defined by the combined provisions of the Code of Tourism and the specific and full law applicable to the navigation of the vessel assigned to the cruise and in the absence of such a law to that of the law of 15 June 1895 and the present conditions that the cruise line acknowledges. The liability of the Company may be engaged only because of the crew or the fact the boat. Any discrepancy must be reported to the purser. The Company cannot be held responsible for any damage suffered by the passengers ashore: injuries, accidents, losses, deficiencies, delays, transport defects, etc .. due to external companies such as airlines, hotels, incoming agencies, restaurateurs, suppliers … All additional services (transport, accommodation, transfers, …) reserved in addition to the cruise are not its responsibility. Regarding the liability of the Company to passengers and third parties, it is ensured for physical or material by RC passenger warranty, navigation, retirement.
In accordance with the Data Protection Act of 6 January 1978 and the provisions on the protection of personal data, the information provided to the Company by the other party are necessary to process the reservation and are essential to the benefit administration. With the client’s consent, these data may also be used by the Company to send its promotional and commercial offers by email or post. The other party has a right to access and correction with respect to all data concerning addressing Aquitaine Cruise 9 rue du muguet 33000 BORDEAUX, stating his name and address.