GENERAL REGULATIONS DEFINING THE GENERAL RENTAL CONDITIONS

PREAMBLE

“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:

  1. General reporting, insurance, information and posting requirements;
  2. Obligations defined by the interministerial decree of May 4, 1995 and included in articles A. 332-42 to 63 of the Sport’s Code;
  3. Obligations of diploma for the practice against remuneration referred to in articles L. 212-1 and following of the Sport’s Code.

Any service subscribed to “SAS Aigue Vive Ardèche Canoës”, online or on site, implies before any reservation or commitment, to have:

  1. Read and fully adhere to the general conditions specified below,
  2. Signed a rental contract on the day of the rental or service with provision of equipment,

GENERAL RENTAL CONDITIONS

I- Definitions

  • Rental Contract

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.

  • Material

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.).

  • The Renter

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 Hirer

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:

  • That the signature of the Rental Contract transfers the custody of the Material placed at the disposal of the Hirer;
  • To have subscribed an insurance contract covering his civil liability, that of its employees, the participants and the third parties for the damages for which he could be held responsible.

The Hirer declares:

  • To accept the transfer of the custody of the material placed at his disposal operated by the signature of the Rental Contract and consequently, to accept all charges and responsibilities;
  • To be covered by a civil liability insurance;
  • Not to have any physical contraindication to the practice of the activity proposed by the Renter;
  • To have all the technical and physical capacities necessary to complete the planned courses (SAS Aigue Vive Ardèche Canoës having drawn its attention to the extent of the real physical effort required by certain courses).

III - Obligations of the co-contractors:

  • Obligations of the Renter:

The Renter commits himself:

  • Not to rent boats to minors;
  • To ensure that each participant certifies that he knows how to swim at least 25 meters and can immerse himself;
  • To inform the Hirer of all his obligations described precisely below.
  • Obligations of the Hirer:

The Hirer commits himself:

  • To read, accept and respect the present general conditions;
  • To inform the persons he authorizes to use the rented equipment of these general conditions and to make them respect them;
  • To respect and make each participant respect the following conditions, relative to the use of nautical material and to the activity:
  • To be able to swim for 25 meters and to immerse;
  • During the entire period of navigation, wear a closed life jacket and shoes with closed laces;
  • To master the navigation and to be able to use the rented material within the framework of a descent of calm river of class II (the Renter reserves the right to prohibit the departure in excursion with any customer whom he will estimate in incapacity to have this control and to carry out the envisaged course);
  • To be of the age required by the local administrative provisions, namely:
    • The navigation is forbidden for any child under 7 years old, not accompanied by an instructor holding a state certificate,
    • Minors over 7 years old cannot use the rented equipment without the presence and supervision of a parent, a legal representative or an instructor in the group.
  • Not to abandon the rented material and to return it in its original state to the Renter under penalty of the financial sanctions provided for in point VIII - B below,
  • To bear the cost of the repatriation of the persons, according to the tariffs in force and posted in the premises of SAS Aigue Vive Ardèche Canoës.

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:

  • Before entering the rapids, he must check that the passage is free and leave a safe distance between the boats,
  • In the presence of fishermen and other users, he must pass on the opposite bank in the greatest calm,
  • Except in cases of force majeure, stopping and parking on the plots of land indicated as private (signs, fences, verbal indications) bordering the watercourse are prohibited, under penalty of civil and/or criminal liability of the Hirer. It is expressly recommended to the Hirer to bivouac in the areas provided for this purpose.

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:

  • The conditions under which the Hirer (or the third parties who accompany him) uses the rented equipment and cannot be held responsible for material and/or physical damage caused by a use that does not conform to the conditions and rules of prudence and navigation, unless he can prove that the damage is attributable to a failure of the Material;
  • Material and/or physical damage occurring in cases of force majeure;
  • Vehicles parked on his site, nor objects entrusted to him.
  • The watertightness of the loaned containers, which is subject to the proper closing by the users.

VIII - Rates, fees, and payment for services

  • Payment of the service

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:

  • Bank check,
  • Secure online payment by credit card (CB, VISA, MasterCard and AMEX)
  • Bank transfer,
  • Costs in case of loss or damage of the equipment

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.

This deposit:

  • Will be fully refunded in case of cancellation more than 72 hours before the scheduled start of the rental period and in case of modification of the water level or meteorological and hydrological conditions.

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.

  • Half of the deposit will be returned in case of cancellation between 72 hours and 24 hours before the rental.
  • Will not be refunded in case of cancellation occurring less than 24 hours before the scheduled service.

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 contact@aigue-vive.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.

Discover the Gorges of the Ardèche River by canoe in the best conditions for safety and pleasure

Aigue Vive, renting canoes since 1987