SAS La Compagnie du Galetas
Head office: 19 place Sybille de Foresta
83630 Aiguines
N°SIRET : 83788490700010
Tel : 06 07 28 13 21
INTRA-COMMUNITY VAT NUMBER: FR31837884907
APE code: 9329 Z
Credits
Design and production: la Compagnie du Galetas
Terms and conditions for MYC Plage pedal boat rental
Article 1 – Preamble
Article 1.1. Vendor designation
Company name: SAS La Compagnie du Galetas
Registered office: 19 place Sybille de Foresta 83630 Aiguines
Siret : 837 884 9070 0010
Tel : 06.07.28.13.21
E-mail :
Legal representative : CHAUVEL Michèle
Hereinafter referred to as “the Renter”.
Article 1.2 Purpose
The purpose of the general terms and conditions is to define the rights and obligations of the parties in the context of the rental of pedal boats by the Hirer to any person with the legal capacity to contract (hereinafter referred to as “the Customer(s)”), whether a consumer or a professional within the meaning of the French Consumer Code.
Article 1.3. Definitions
Customer: natural or legal person who contracts with The Hirer under these general terms and conditions of sale. The Customer must be over 18 years of age and have the legal capacity to contract.
Group: a group of 15 people or more, booked by a single representative.
Participant: any person taking part in the service, even if they have not contracted directly with the Hirer.
Service: rental of pedal boats.
On-line contract: contract concluded within the framework of the purchase/reservation of service(s) on the Hirer’s website at the following address: www.mycplage.fr ; www.mycplage.com www.mycplage.es
Distance contract: any contract concluded as part of an organized distance sales or service provision system, without the simultaneous physical presence of the professional and the consumer, by the exclusive use of one or more distance communication techniques until the conclusion of the contract/quotation, excluding the Internet site.
Article 2 – Content and scope of application
These general terms and conditions of sale apply ipso jure to all services sold or offered for sale by the Hirer.
They apply to sales made through all distribution and marketing channels.
Any order or purchase implies unreserved acceptance of these general terms and conditions of sale, which take precedence over all other conditions, with the exception of those expressly accepted by the Hirer and included in the signed booking contract/quotation.
The Customer declares that he/she has read and accepted the present terms and conditions of sale before booking and signing the contract/quotation.
Article 3 – Pre-contractual information
The Customer acknowledges having been informed, prior to placing the order and/or concluding the signed contract/quotation, in a legible and comprehensible manner, of the present general and special terms and conditions of sale and of all the information listed in article L. 221-5 of the French Consumer Code when the Customer is a consumer.
Article 4 – Prices
Article 4.1. Final price and additional taxes
The rental price is quoted in euros, inclusive of all taxes, per pedalo. It may be expressed as a fixed price for groups. It varies according to the effective start date of the rental service.
The price includes the items specified in the signed quotation/contract.
Article 4.2 Payment methods
The Customer guarantees the Hirer that he/she has the necessary authorizations to use the method of payment chosen by him/her when validating the contract/signing the quote. The Hirer reserves the right to suspend all reservation management and all execution of services in the event of refusal to authorize payment by credit card by officially accredited organizations or in the event of non-payment of any sum due under the contract.
Payments made by the Customer will only be considered final once the sums due have been collected by the Hirer on site before the start of the service.
The Customer may choose from the following means of payment offering optimum security, depending on the type of service booked:
Online sales: by credit or debit card (Carte Bleue, Visa, Eurocard/Mastercard) to validate the reservation with a deposit.
Remote sales: by SEPA bank transfer (transfer charges to be paid by the customer) for group bookings, with a deposit to validate the booking date.
Counter sales : by credit or debit card (Carte Bleue, Visa, Eurocard/Mastercard), cash.
Article 5 – Rental equipment
The equipment rented (hereinafter referred to as the “Equipment”) includes what is indicated in the description of services.
It includes, in all cases :
The pedal boat(s)
One lifejacket per person under 18 and/or in need of one.
A lifebuoy
Article 6 – Equipment deposit
The Hirer may request a security deposit of €500 at the time of payment for the service in order to reduce the risk of material damage.
This deposit may be retained in whole or in part in the event of damage to the Equipment when it was under the Customer’s responsibility (without prejudice to the possibility of requesting additional compensation, corresponding to the total amount of damage actually suffered) by electronic means PBLS using the TPE at the counter.
Article 7 – Use of Rental Equipment
The rental confirmation transfers custody of the rented Equipment to the Customer for the duration of the rental period. The rental period begins when the Rental Firm hands over the Rental Goods and ends when the Customer returns the Rental Goods to the Rental Firm in accordance with the contract.
The Customer undertakes to take good care of the Rental Goods and to return them in the same condition as when they were handed over by the Rental Firm.
In the event of damage to the Rental Equipment, the Customer undertakes to reimburse all damages. For information purposes, the price basis for the Rental Equipment is as follows:
Designation : unit price in euros
Martini Starlac pedal boat : see manufacturer’s price
Child vest : 50 euros
Adult vest : 50 euros
Lifebuoy : 40 euros
5th seat : 50 euros
Article 8 – Customer obligations
The Customer undertakes for himself and for all the participants he represents:
– to ensure that each minor participant wears a life jacket (buoyancy aid),
– to return to the Hirer, in their original condition, all the Equipment which is the object of the service,
– to have taken out a personal liability policy valid on the day of the event,
– not to have any physical or psychological contraindication to the practice of the activity,
– to refrain from abandoning their nautical equipment and garbage on the course, as well as from entering private property along the course to which access is not expressly authorized, and not to cross the navigability limit marked by yellow buoys at the end of the gorges course.
– and more generally to respect the safety instructions given on site by the Hirer or his teams.
Article 9 – Reservations
Reservations can be made as follows:
Online presale: 1 to 15 people / Customer
The customer visits the www.mycplage.com website. The customer selects the service he/she is interested in and places it in his/her basket. He/she enters his/her identity and contact details, takes note of the useful information in the description of the activities, confirms his/her wish to book, accepts the present GTC and pays a deposit. The customer receives an e-mail confirming the booking, to be shown on site for final payment of the rental. If the customer does not arrive at the precise time indicated and requested in the reservation, the service is due and no refund will be possible.
Counter sales: 1 to 50 people / Customer
Customers arrive at Plage du Galetas 83630 AIGUINES and tell the Hirer which service they wish to purchase. He/she enters his/her identity details, provides proof of identity and reads and accepts the present General Terms and Conditions, displayed on site, before proceeding with payment. Depending on the availability of the equipment, the Hirer may or may not propose a waiting time via a waiting list.
Remote sales: 15 people or more…
The customer can make a remote reservation for a group of 15 people or more. The customer contacts us by e-mail at , stating the number of participants and the date and time required. The Hirer responds by e-mail and, based on the information provided, the possibilities and availability, proposes an estimate with a price including VAT and specifying the dates and times of embarkation / disembarkation and the type of boat. This quotation is to be returned signed “Good for agreement” and the present GTC must be accepted with the words “read and approved”. In the event of acceptance, the Customer undertakes on behalf of the Group to communicate the definitive number of participants no later than 15 days before the start of the Event (hereinafter referred to as “Confirmation of number of participants”) and to pay for the entire service by bank transfer no later than 15 days before the start of the Event.
Article 10 – No right of withdrawal
Article L. 221-28 of the French Consumer Code stipulates that the right of withdrawal may not be exercised for contracts for the provision of accommodation services, other than residential accommodation, goods transport services, car rental, catering or leisure activities which are to be provided on a specific date or at a specific time.
Article L. 221-2 of the French Consumer Code also excludes this option for passenger transport and tourist packages.
The Hirer avails himself of this absence of right of withdrawal and indicates that for all services falling within the scope of article L. 221-28 or L. 221-2 of the French Consumer Code, the Customer will have no right of withdrawal.
Article 11 – Security
The Customer accepts and undertakes to respect, for him/herself and all participants for whom he/she is booking, the safety instructions given on site prior to embarkation, the most important of which is the compulsory wearing of life jackets for persons under 18 years of age.
Minors under 18 not accompanied by an adult (legal guardian) may not rent equipment. They remain under the responsibility of their parents or legal guardians. The Rental Firm cannot be held responsible if a minor has falsely indicated that he/she is of legal age when the lifejackets are handed over.
The rental company cannot verify the physical or medical condition of its customers. The customer undertakes to ensure that all participants are able to perform the service.
Participants undertake not to have any medical contraindications to the provision of the service.
The customer who has made the reservation will be solely responsible, and undertakes to ensure that the participants making up the crew have the physical and mental prerequisites necessary for the practice of the pedal boat activity.
The Customer and participants undertake to comply with the safety and navigation instructions given to them by the Hirer’s team during the briefing prior to the start of the service.
The Customer and participants also undertake not to take part in the services under the influence of alcohol or drugs or any other substance that may impair their judgment.
The Hirer reserves the right to refuse any person who does not comply with the instructions and who could endanger his or her own safety or that of others. Such refusal will not give rise to any reimbursement by the Hirer.
The Hirer also reserves the right to exclude during the course of the activity any participant whose behavior is such as to disturb the smooth running of the activity or to compromise the safety or peace of other participants. In this case, the customer or participant will not be entitled to any reimbursement or compensation.
Article 12 – Liability
The Hirer is insured for Professional Civil Liability for the services sold.
It is recommended that each participant is covered by third-party liability insurance (and preferably personal accident insurance) with the insurance company of their choice.
Given the specific nature of the aquatic environment, each participant is aware that he/she may run certain risks due to distance, isolation and the specific nature of the environment (particularly rivers, cliffs, lakes and seas). The Hirer assumes these risks with full knowledge of the facts, and must comply with the rules of caution and safety, and follow the advice given by the Owner and professionals.
The Hirer is not responsible for the loss, theft (including from vehicles) or breakage of objects (e.g. glasses, cameras, etc.) that participants may take with them on the tour and that may occur during the tour.
Cell phones, cameras and any other water-sensitive equipment or objects must be protected by an appropriate waterproof cover provided by the participant. It is important to empty your pockets before boarding the pedal boat. The Hirer cannot be held responsible if valuables or electronic items fall into the water.
In the event of theft or damage to rented equipment, the participant/customer may be asked to pay compensation for the damage or a full refund.
Article 13 – Contract modification
No reimbursement will be made for any service that is shortened or not consumed due to the Customer, or that is started late due to the Customer, the Customer having undertaken to return the equipment at the time stipulated at the time of reservation.
The Hirer undertakes to the Customer only in respect of the services sold.
Any modification must be expressly accepted in writing by the Hirer. Any modification may be subject to an additional charge, which will be announced to the Customer before proceeding.
In the case of a reservation by a Group, if the number of Group members is less than the number foreseen at the time of Confirmation of the number of participants, the full rate of the Group initially foreseen will remain applicable (100%). In the event of the Group arriving in greater numbers, the Hirer is entitled to refuse the unplanned participants. If customers refuse to reduce the size of their group to the size agreed at the time of Confirmation of the number of participants, the Hirer may refuse to perform the service and the contract will be terminated to the exclusive detriment of the Customer, without any refund being made, and the full price of the service will be due.
Article 14 – Termination of the contract
Article 14.1 Termination of the contract by the customer
The Customer may cancel the contract at any time, before the start of the service. For such termination to be valid, the Customer must inform the Hirer by e-mail.
In this case, the Hirer will ask the Customer to pay a cancellation fee and may withhold all or part of the deposit or balance already paid, according to the following schedule:
In the case of a reservation (Group + 15 people) via distance selling, cancellation by one or more members cannot be reimbursed once the number of participants has been confirmed.
If the customer’s cancellation is due to force majeure, cancellation fees will not be due.
The date of cancellation is the date and time of receipt by the Hirer of the Customer’s request, as evidenced by the date of receipt of the e-mail.
Article 14.2. Termination of the contract by the Hirer
The Hirer may cancel the contract at any time before the start of the service. The Customer will be offered a postponement or credit note. In the event of refusal, the Customer will be reimbursed.
The Customer will not be entitled to any additional compensation if the cancellation is due to the impossibility of carrying out the service in optimal safety conditions (e.g. unfavorable weather conditions) or in the event of force majeure.
Article 15 – Protection of personal data
Article 15.1. Data collected
As part of its pedal-boat rental activity, Le Loueur implements and operates the processing of personal data relating to Customers and Beneficiaries.
To this end, the Hirer collects the following personal data: first name, surname, title, postal address, e-mail address, telephone number, particulars noted in the contract, terms of payment.
Article 15.2. Purpose
The collection of this personal data is essential to the performance of the contract and in the event of refusal to provide it, the Customer will be exposed to difficulties in the performance of the service, for which the Hirer may not be held liable.
This personal data is collected for the sole purpose of managing the Rental Firm’s clientele in connection with the conclusion and performance of the contract, on the basis of the Customer’s consent. They are only used for the purposes to which the Customer has consented.
More specifically, the purposes are as follows:
– Identification of persons using and/or booking services
– Formalization of the contractual relationship
– Carrying out services booked with the Hirer
– Contract and reservation management (in particular, pedal boat allocation, travel management)
– Communication to partners with a view to the provision of services by the partners concerned
– Accounting, including customer account management and customer relationship management
– Processing of customer management operations
– Commercial communications and canvassing.
Article 15.3. Persons authorized to access data
The persons authorized to access the data collected within the Hirer are as follows: the Hirer’s employees and its partners involved in the services requested by the Customer, and where applicable, the Hirer’s subcontracted service providers involved in the provision and/or administration of the services and having to intervene as such in the processing, it being specified that in such event, whether partners or subcontractors are involved, this is done in compliance with the regulations in force.
Article 15.4. Data retention
The personal data collected is kept for the legal retention period relating to the purpose of the processing, and for a maximum of 5 years.
Personal data relating to the customer’s bank card is kept only for the time required to complete the transaction, and is not kept beyond this period.
Personal data relating to a prospect who does not conclude a reservation contract with the Hirer is kept for a period of 3 years from the date of collection.
Personal data required for the dispatch of the newsletter is kept for as long as the Customer does not unsubscribe, when a newsletter is offered.
The Hirer implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Rental Firm cannot guarantee the security of the transmission or storage of information on the Internet.
The Rental Firm has formalized the rights and obligations of Customers and Beneficiaries with regard to the processing of their personal data in a document entitled Customer Rights and Obligations, which is available at the following address: address and on request from The Rental Firm.
Article 15.5. Rights of the owner of the data collected
In application of the regulations applicable to personal data, each user has the right to question, access, modify, oppose and rectify, for legitimate reasons, the collection and processing of his/her personal data. It is also possible to request that such data be rectified, completed, clarified, updated or deleted.
These rights may be exercised by writing a signed letter to the data controller, in the name and e-mail address of the data controller, enclosing a copy of your identity document with your request.
Customers may lodge a complaint with the CNIL at any time, in accordance with the following procedures
Article 15.6. Modification of the clause
The Hirer reserves the right to modify this clause relating to the protection of personal data at any time. If a modification is made to the present personal data protection clause, the Hirer undertakes to publish the new version on his site, and will also inform users registered in a pre-booking of the modification by e-mail, at least 15 days before the effective date.
Article 15.7. Opposition to telephone canvassing
You have the option of registering on the opposition to telephone canvassing list on the following website: http://www.bloctel.gouv.fr/.
Article 16 – Insurance
The Hirer has professional civil liability insurance covering his activity.
It is recommended that the Customer holds and is up to date with his civil liability insurance to cover any damage he may cause.
Article 17 – Settlement of disputes
Article 17.1. Applicable law
These general terms and conditions are subject to French law. The application of French law shall not, however, deprive the Consumer Customer of the mandatory provisions of his country of residence. This applies to both substantive and formal rules.
Article 17.2. Mediation
In accordance with articles L.616-1 and R.616-1 of the French Consumer Code, the Hirer has set up a consumer mediation system. The chosen mediation entity is :
JURIDIS
Article 17.3. On-line sales
If the service had been purchased online by the Customer, the latter is informed that, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, he/she has the option of lodging a claim and selecting a dispute resolution body on the following website:
Article 17.4. Evidence
It is expressly agreed that the data contained in the Lessor’s information systems have probative force regarding orders, requests, and any other element relating to the use of the Site. They may be validly produced, particularly in court, as means of proof in the same way as any written document.