GENERAL REGULATIONS DEFINING THE GENERAL RENTAL CONDITIONS
“SAS Aigue Vive Ardèche Canoës” organizes the teaching and supervision of canoeing and kayaking activities with the provision of equipment or the sole rental of equipment intended for this practice in accordance with the regulatory provisions governing physical activity and sports establishments, namely:
Any service subscribed to “SAS Aigue Vive Ardèche Canoës”, online or on site, implies before any reservation or commitment, to have:
GENERAL RENTAL CONDITIONS
The term “Rental Contract” refers to the subscription of a teaching or accompanying service with the provision of equipment or the rental of equipment alone.
The term “Material” refers to, according to what is specified in the contract (nature and quantity): the boats, the individual protection equipment (life jacket, etc.), the navigation accessories (paddles, neoprene wetsuit, windbreaker, waterproof bags/canisters for the storage of the renter’s personal belongings during the navigation, etc.).
Le term “Renter” refers to “SAS Aigue Vive Ardèche Canoës”, a simplified joint stock company with a capital of 15,000 euros, whose head office is located Route des Gorges, Lieu-dit Paravalos, 07150 Vallon Pont d’Arc and registered in the Aubenas Trade and Compagnies Register
The term “Hirer” refers to the person of age who signs the Rental Contract with “SAS Aigue Vive Ardèche Canoës”. The Hirer cannot be a minor under any circumstances.
II - Declarations
The Renter declares:
The Hirer declares:
III - Obligations of the co-contractors:
The Renter commits himself:
The Hirer commits himself:
IV- Instructions for use of the equipment
All the material placed at the disposal of the Hirer is in perfect working order and maintenance, in conformity with its destination and the applicable regulations.
An inventory of the rented material will be carried out contradictorily at the time of its withdrawal and its restitution.
The rental of the material is done at least for half a day. It is agreed for a duration and a number of people per boat specified in the contract.
If the initial duration is exceeded, an additional fee of 50 € will be charged for each half-day and 100 € for each day.
V- The nautical course
A- Information on the nautical course and the conditions of navigation
The Renter offers a range of nautical routes and indicates for each of them: the mileage, the average duration of navigation (excluding any stopping time), the class of navigation, the hydrological and meteorological data, the starting and ending points of the route, the conditions for crossing the structures established on the watercourse when there are such structures, the difficulties and dangers, the possible ways of leaving the watercourse by land, the emergency numbers.
The cartographic documents concerning the possible nautical courses as well as the information given by the Renter are indicative and do not exclude the research by the Hirer of all additional information which seems necessary to him.
B- Respect of the nautical course
The Hirer can choose among the nautical courses proposed by the Renter the one that suits him and the persons he authorizes to use the rented equipment. This course will be specified in the Rental Contract.
The Hirer cannot use the rented equipment on another nautical course not proposed by the Renter, under penalty of engaging his entire responsibility.
The Hirer declares and certifies that he, and the persons he authorizes to use the rented equipment, have been informed of the regulations, difficulties, and dangers of the route they have chosen to take.
C- Special obligations of the Hirer regarding the realization of the nautical course
The realization of the nautical course is carried out under the responsibility of the Hirer who recognizes to have been informed of the conditions of its realization.
The Hirer is informed of the classified nature of the navigation zone, the river, and its surroundings. He commits himself to respect the fauna and the flora, being reminded that it is formally forbidden to make fire in the “Gorges de l’Ardèche”.
The Hirer commits himself not to deposit or to leave waste on the courses and to bring them back to the Renter at the end of navigation for sorting and elimination in the containers indicated by the latter.
The Hirer commits himself to be courteous and to respect the residents and the other users of the river:
Any damage to public or private property (plots, roads, structures, signs, etc.) during the rental period will also engage the civil and/or criminal liability of the Hirer.
The above obligations must be respected by the Hirer. If he fails to do so, he exposes himself to engage his liability towards the Renter.
If the Renter is prosecuted because of the actions of the Hirer, he will exercise any action by way of subrogation against him to obtain reimbursement of all sums to which he could be sentenced.
In this case, the Hirer will also be, as penalty clause, held to compensate the Renter of a sum equal to 10% of all sums to which it could be condemned.
VI - Related or complementary services
For any service on a supervised course, the Renter undertakes to transport the Material and the participants to the starting point of the nautical course.
VII- Exemption from liability
The Renter is in no way responsible for any of the following:
VIII - Rates, fees, and payment for services
The prices for each service are specified in the Rental Contract. The Hirer is required to pay the amount or the balance of the services before taking possession of the equipment.
The following payment methods are accepted:
A deposit of 465 € per canoe (four hundred and sixty-five euros) is required for all rentals. The said deposit will be returned after the inventory of the equipment at the time of its restitution.
Failure to return the equipment, abnormal deterioration, major deterioration of the rented equipment, whatever the cause, will result in the payment of search fees for the abandoned equipment, replacement fees for the lost equipment, and repair and restoration fees for the damaged equipment, up to the maximum value of the new equipment, according to the unit prices in force and posted in the premises of SAS Aigue Vive Ardèche Canoës.
IX- Reservation - Cancellation
Only reservations or cancellations confirmed by phone or internet by SAS Aigue Vive Ardèche Canoës will be considered.
Reservations will be guaranteed upon payment of a deposit of 30% of the total amount of the services.
The assessment of the evolution of the meteorological and hydrological conditions is the exclusive responsibility of the lessor who can, without prior notice, refuse the removal of the boats reserved by the lessee.
For any late reservation made by telephone and without deposit, the equipment will not be immobilized beyond the agreed time.
X- Protection of personal data
The Hirer is informed that, during his activities, the Renter may collect and use personal data that he has transmitted.
The personal data collected on the website through the contact or reservation forms (mainly name, first name, postal address, telephone number, e-mail address, bank details, etc.) are used for the processing of reservations and the conclusion of the Rental Contract with the Renter. SAS Aigue Vive Ardèche Canoës is also authorized to use them for commercial purposes (special offers, information, etc.).
They will not be transferred outside the EU zone and will not lead to automated decision.
Access to personal data is strictly limited to the company's employees and agents, who are authorized to process them due to their functions. SAS Aigue Vive Ardèche Canoës undertakes not to sell, rent, transfer, or give access to third parties to the data without prior consent of the Hirer, unless compelled to do so for a legitimate reason.
In accordance with the applicable legal and regulatory provisions, the hirer has the right to access, rectify and delete his or her data or to limit the processing.
He can for legitimate reasons, oppose to the treatment of the data concerning him and subject to the production of a valid proof of identity, to exercise his rights by contacting the person in charge for the company by postal mail or e-mail to the address email@example.com.
Except this hypothesis, as from the sending of the form, the data are preserved for a maximum duration of 2 years.
In case of difficulty in connection with the management of his personal data, the Hirer may address a complaint to the manager of SAS Aigue Vive Ardèche Canoës, to the CNIL or to any other competent authority.
XI- Applicable law
The present general rental conditions are subject to French law.