ARTICLE 1 : Application of General Terms and Conditions of sale
This general terms of sale describe both terms and conditions applicable, on the one side, to the company NAVIVOILE, whose head office is situated in Port la Nouvelle, 23 impasse maurice dagniac, registered on the Narbonne trade and companies register under the number RCS Narbonne 837 574 573 hereinafter referred to as “NAVIVOILE” and, on the other side, to any tourisme professionnal or individual represented by a natural or legal person, hereinafter to as “the purchaser”, who wishes to make an order or a booking, for a «Customer» or for himself, via the website of “NAVIVOILE”.
This general terms of sale are also concluded by the same company NAVIVOILE denominate “NAVIVOILE” and on the other side, to any professsional or individual represented by a natural or legal person, hereinafter referred to as “the purchaser”, who wishes to make an order or a booking by post or mail, for a «Customer» or for himself.
Consequently, the act of booking , either through the NAVIVOILE’s website, or by post or mail, a cruise, implies the purchaser and the customer complete compliance with these general conditions of sale, excluding all other documents such as flyers, catalogs, website issued by the carrier NAVIVOILE that have only an indicative value.
No additional terms or conditions, unless formally accepted in writing by the carrier NAVIVOILE, prevail over the GCS. The fact that the carrier NAVIVOILE does not prevail itself, at this particular moment, of any one of these general conditions may not be interpreted as a waiver of the subsequent enforcement of any of the said conditions.
NAVIVOILE reserves the right to modify its conditions of sale at any time. In this case, the applicable conditions will be ones in effect at the date of the order or booking by the purchaser or the customer.
ARTICLE 2 : Characteristics of the services provided
The provided services are those that are listed in brochures published on the NAVIIVOILE’s website and the “paper” booklets made available to professionnals, individuals and customers in all our sales points and among all the affiliate professionals. These services are provided within the limit of the available seats. The photographs of the brochures or from the website are the most faithful possible but cannot ensure complete similarity with the provided services, notably in terms of colours and the precise angleof the shot.
ARTICLE 3 : Conditions of a cruise’s modification
3.1-On the initiative of NAVIVOILE:
The customer cannot claim any further compensation:
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in case of re-routing caused by unforeseen events or some compelling circumstances which the carrier NAVIVOILE is the only one in a position to estimate, notably rescue a ship in distress or a drowning bather, strikes, protests, economic and that may be likely to prejudice the safety of the customers.
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in case of modification of the content of programmes that may happen according to unafavourable weather conditions.
3.2-On the initiative of the customer:
Any cruise interrupted or cut short, all modification of the initial booking or any services not consumed by the customer, for wichever cause it is, shall not give rise to a reimbursement.
ARTICLE 4 : Pricing
Prices appeared in the brochure and on the NAVIVOILE’s website are prices incl. VAT in Euros taking into account the value tax applicable on the day of the order, any change of VAT will be applied to the price of the products and services. NAVIVOILE reserves to change prices at any time, howeverbeing understood that the price mentioned on the purchase order delivered to the purchaser the day of the order will be the only one applicable to the purchaser. The indicated prices include the cost of purchase orders processing, transportation costs round trip, catering service if it is include in the cruise ordered by the purchaser. But does not include the snack-bar service that is an additionnal cost. If a quotation should be done by a professional purchaser or a customer, the price may come into their hands when the quotation is sent or throughout the booking. This price would be the overall price of the service provided by the carrier NAVIVOILE.
ARTICLE 5: Promotions
5.1-Loyalty Program:
NAVIVOILE, offers NAVIVOILE customers a loyalty program called “NAVIVOILE Loyalty Program” (reference “NAVIVOILE Loyalty Program Terms and Conditions – creation 19 February 2023 – version 19 February 2023).
If the customer wishes to join the “NAVIVOILE Loyalty Program” (without obligation) he will be able to earn loyalty points when he purchases online at www.navivoile.com for cruises or gift vouchers with a promotional code.
This promotional code will be non-refundable and cannot be combined:
- with any other NAVIVOILE promotional offer in progress.
- if the customer comes to our partners.
- if the customer wishes to pay their cruise in ANCV holiday vouchers.
- for any purchase of products from the NAVIVOILE shop.
- for any purchase of a Collioure Fireworks Cruise on August 16.
- for any order placed by quotation.
5.2-Miscellaneous Promotional Codes:
Any NAVIVOILE promotional code will be non-refundable and not cumulative:
- with any other NAVIVOILE promotional offer in progress.
- if the customer comes to our partners.
- if the customer wishes to pay their cruise in ANCV holiday vouchers.
- for any purchase of products from the NAVIVOILE shop.
- for any purchase of a Collioure Fireworks Cruise on August 16.
- for any order placed by quotation.
ARTICLE 6 : The rights and obligations of the carrier NAVIVOILE
6.1- The obligations of the carrier NAVIVOILE:
The carrier NAVIVOILE who receive the booking for a customer via the purchaser, is committed to ensure of any failure to one of those obligations whose it is obliged to exercice with diligence, in particular to ensure the safety of customers. He is responsible of the proper implementation of the cruise, except in cases of force majeure, fortuitous events or third parties, not normally involved in the provision of the services stipulated in the contract. He is committed to fit out the ship in a seaworthy condition and insure to its costs the ship and his crew against the risks of shipping
6.2- Limitation of liability clauses:
The carrier NAVIVOILE not be responsible for any losses, damage or theft belonging to the customers during the trip.
ARTICLE 7 : The rights and obligations of the customer
The customer agrees to board with him no additional person, no alcoholic beverages and to not carry prohibited goods by the Law including weapons and narcotics. The customer registered for an inshore or offshore cruise will be held responsible for the equipment assigned to him during the trip, which implies that in case of loss of the fishing rod with its reel, he will be asked to pay a damage deposit of 500 euros. To him to complete necessary formalities through his insurance as part of “Liability coverage”. If any compensation is not reached to NAVIVOILE within 3 months as from the incident, the deposit will be cashed.
ARTICLE 8 : Terms of payment and booking
8.1- Booking via the website:
The purchaser who wishes buying a service (cruise) must necessarily:
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complete the form « customers information » on which he will indicate all contact information asked.
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complete the online reservation form completing the number of cutomers following the category and the cruise chosen.
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valid his booking after checking it,
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ask a down payment to the customer under conditions laid down on the booking confirmation voucher, printed by the purchaser and gave to the customer, that will be a booking confirmation and that must be given before the boarding to the customer on board the NAVIVOILE, provided the amount due have been fulfilled by the customer to NAVIVOILE before the boarding. A ticket gave by the purchaser to the customer is also a booking confirmation in certain conditions (partners authorized to sell cruises).
The validation of the booking would result the acceptance of the general terms and conditions of sale, the recognition to have completed its knowledge and the renunciation to take advantage of its own conditions of purchase or other conditions. The collected datas in their entirety and the recorded and printed confirmation worth proof of the transaction. The validation is worth signature and implies the agreement to the business transaction made.
8.2- Booking via post:
After acceptance of the quotation by the professional purchaser (or individual) or a customer, this latter will have to submit to the payment’s conditions below :
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50% as down payment, at the time of booking
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The balance at the boarding
8.3- Default of payment:
The default of payment of a due date mentionned above will cause of full right the cancellation of the service (cruise).
ARTICLE 9: The conditions of cancellation, modification or delay of a cruise
9.1-Cancellation at the initiative of NAVIVOILE:
In case of insufficient number of passengers, the cruise is subject to a minimum number of passengers. If this minimum number is not reached at least 12 hours before departure, the cruise will be automatically cancelled. The buyer or customer will get immediate refund of all monies paid via the buyer or customer who has booked the cruise, where the buyer or customer will postpone their cruise to a later day. The minimum number of passengers depends on the type of cruise, in this case refer to the website in «general conditions».
The cruise may be subject to delay, changes in content or cancellation that can occur in case of change of route due to unforeseen events or compelling circumstances that NAVIVOILE is the only one able to assess, especially for bad weather conditions, technical problem, operation assistance/ rescue (to help a ship or bather in difficulty, etc…), strikes, demonstrations, economic. In case of bad weather conditions or technical problem, and at the initiative of the carrier NAVIVOILE, the cruise would either be postponed or fully refunded to the choice of the buyer or the customer (except in case of payment by ANCV Chèque-Vacances Connect or a commission of 3.5% of the total amount would be charged). In all other cases, other than bad weather conditions or technical problem, the buyer or the customer is informed that any cancellation, modification or delay can be made without notice, refund or compensation.
9.2-Cancellation on the initiative of the purchaser or the customer:
In case of cancellation by the purchaser or the customer not covered by his insurance, the carrier NAVIVOILE will keep as a penalty against the purchaser or the customer, a part of amounts already paid. The penalty’s amount will be determinate according to the date of cancellation of the trip:
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more than 3 months before the departure : 25% of the price
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less than 3 months and more than 40 days before the departure : 50% of the price
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less than 40 days before the departure : 100% of the price
ARTICLE 10: Safety and hygiene instructions
10.1-Public behaviour:
Thefts, disturbances to the public order, verbal and physical violence, insulting words, frauds, swindles, states of intoxication, breaches of the good morals, malveilances, non-observance of the safety instructions and of the internal rules, racism, and discriminatory speech or behaviour, etc. can lead the NAVIVOILE company to intervene and take the necessary measures, whether it is to notify the police forces, initiate a complaint or disembark the passenger in the nearest port without any compensation, reimbursement or other remedy. For safety reasons, it is forbidden on board the NAVIVOILE to move by jumping or running in an unconsidered way.
We ask you to respect the cleanliness of the premises and the facilities arranged for your pleasure, your comfort, your safety and those of all other passengers.
On board the NAVIVOILE some protected areas (prohibition signs) are not accessible to passengers (roof, cockpit, areas reserved for the crew).
Collective meals that require special logistics (cooler, stove, folding table, bulky packaging) are prohibited on board the NAVIVOILE.
For health and safety reasons, it is forbidden to take on board any additional person (person not registered on the boarding file), no alcoholic beverages and not to transport any goods prohibited by law including weapons and narcotics.
10.2-Evacuation of the NAVIVOILE vessel:
The Captain reserves the right to limit boarding if 10.1 is not respected or to evacuate the NAVIVOILE ship for safety reasons or in case of «force majeure».
10.3-Behaviours:
NAVIVOILE also reserves the right to deny access or exclude from the ship any passenger whose behavior is likely to affect their safety, that of other passengers, to that of the employees or that of the cruises and the ship itself.
10.4-No smoking:
On board the NAVIVOILE ship an outdoor area has been specially designed for smokers and is indicated on board the NAVIVOILE ship. Outside this dedicated area, smoking is prohibited. Electronic cigarettes can be used anywhere outside but the use is prohibited inside the nacelle of the ship NAVIVOILE.
10.5-Abandoned objects:
NAVIVOILE reserves the right to manage abandoned objects in the most appropriate way and in cooperation with the competent authorities.
ARTICLE 11: Accessibility on board the ship NAVIVOILE
11.1-Customer engagement:
For safety reasons, the duration of some cruises, sea conditions and sunshine/temperature accessibility and participation in some cruises require good health not to suffer from high blood pressure, cardiovascular diseases (non-exhaustive list of diseases exposing to many acute or chronic complications: myocardial infarction, stroke, heart failure, involvement of extremities of lower limbs, chronic renal insufficiency, Alzheimer’s or related diseases, vision disorders etc…), neurological diseases. In case of medical advice (contraindication) problems relating to your back, neck, motion sickness or any other health condition or disability that may be aggravated by this adventure.
Thus, each passenger agrees to have checked his health before boarding and to have read the warnings, access conditions and safety rules by consulting the NAVIVOILE brochure of the current year, NAVIVOILE website, and the information provided by the Captain of the NAVIVOILE vessel and the seamen.
11.2-Morphology:
The configuration of seats and safety devices may prevent certain passengers with certain body shapes from participating. the persons concerned are asked to inform themselves before booking of the risks, conditions, restrictions and formalities of access by telephone, at the ticket office on opening dates and times or on our website, before boarding the ship NAVIVOILE.
11.3-Access for pregnant women and people with disabilities:
Pregnant women and people with permanent disabilities are asked to inform themselves before booking about the risks, conditions, restrictions and access formalities by phone, at the ticket office on opening dates and times or on our website, before boarding the NAVIVOILE vessel.
For pregnant women, boarding is strongly discouraged:
- Depending on the state of the sea (loss of balance, fall or trauma for mother and fetus)
- In the case of a high-risk pregnancy: when the mother and/or fetus or baby has medical conditions or other health problems that increase the risk of becoming ill before, during or after delivery
- In case of medical advice
- In case of advanced pregnancy on a cruise too long (more than 2 hours)
All of the restrictions listed in this article (non-exhaustive list) based on these health and safety reasons are not discriminatory measures.
ARTICLE 12 : Guarantee
The company NAVIVOILE, in the online booking process, is held only by an obligation of means, its responsibility could not be committed for a damage resulting from the use of Internet network such as losses of data, intrusion, virus, disruption of service, or others involuntary problems.
ARTICLE 13 : Copyright
All elements of the website NAVIVOILE are and remain the intellectual and exclusive property of NAVIVOILE. No one is authorized to reproduce, use, rebroadcast, or use for any reason whatsoever, even partially, elements of the site whether software, visual or audio. Any simple or hypertext link is strictly forbidden without agreement from NAVIVOILE.
ARTICLE 14 : Personal data
According to the law concerning data processing, data bases and freedom of January 6th 1978 , nominative personal details concerning the buyers may be the object of automated treatment. NAVIVOILE reserves the right to collect data about the purchasers and customers including through the use of cookies, and, if he wishes it, to give to commercial partners the collected informations. Customers may object to the divulgation of their contact details by informing NAVIVOILE. Also, users reserve the right to access and correct information concerning them, in accordance with the law of January 6th 1978. The automated processing of personal information, including the internet user’s e-mail, was the one declaration object with the CNIL on the Mars 10th 2008 recorded under number 1281857.
ARTICLE 15 : Archiving – Proof
NAVIVOILE will store booking vouchers and invoices (professionals) on a reliable, durable medium which provides a true copy according to the Article 1348 of the French Civil Code. The NAVIVOILE’s computerised registers shall be deemed by the parties to be proof of the communications, orders, payments and transactions occurring between them.
ARTICLE 16 : Dispute resolution, attributive clause
These online terms and conditions are subject to the French law. The only competent jurisdictions in the event of litigation of any sorts or a dispute regarding the formation or execution of the order, Courts of Narbonne. This clause applies even in case of summary proceedings, incidental claims or in the case of plurality of respondents regardless of the method and terms of payment.
