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, 159 rue Berthelot, registered on the Narbonne trade and companies register under the number RCS Narbonne A 302 813 506 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:
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.
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 : The rights and obligations of the carrier NAVIVOILE
5.1- 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
5.2- Limitation of liability clauses:
The carrier NAVIVOILE not be responsible for any losses, damage or theft belonging to the customers during the trip.
ARTICLE 6 : 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 7 : Terms of payment and booking
7.1- Booking via the website:
The purchaser who wishes buying a service (cruise) must necessarily:
complete the form « customers information » on which he will indicate all contact information asked.
complete the online reservation form completing the number of cutomers following the category and the cruise chosen.
valid his booking after checking it,
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.
7.2- 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 :
50% as down payment, at the time of booking
The balance at the boarding
7.3- 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 8 : Cancellation’s conditions of a cruise
8.1-Cancellation on the initiative of the carrier NAVIVOILE:
In case of the lack of customers, the cruise is subject to a minimum numbers of clients. If this minimum number is not reached at least 12 hours before the departure, the cruise will be automatically cancelled. The customer will get immediate refund from all the amount paid via the purchaser that made the booking, or the customer will postpone later. The minimun number of customers depends of the type of cruise, in this case refer to the website “General conditions”.
The cruises may be cancelled without notice because of bad weather conditions or technical problem. In this case, the cruise will be postponed or fully refunded.
8.2-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:
more than 3 months before the departure : 25% of the price
less than 3 months and more than 40 days before the departure : 50% of the price
less than 40 days before the departure : 100% of the price
ARTICLE 9 : 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 10 : 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 11 : Personal data
ARTICLE 12 : 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 13 : 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.