I – Name of the parties to the contract
A – The renter,
Sarl Loulou Bateaux
Route des Gorges
07150 Vallon Pont d’Arc
Siret company No.: 40423158100046 – Naf activity No.: 7729Z
B – The lessee
The lessee is the adult who signs the rental contract. The lessee may not be a minor. The lessee is liable for himself and the people he authorises to use the equipment he is renting: must read, accept and comply with these specific rental conditions; must inform the people whom he authorises to use the equipment he is renting about these specific rentals conditions and ensure that they comply with them.
II – Preliminaries to the contract
A – The age of the lessee and participants
Rental is forbidden for minors. Unaccompanied sailing by children under 12 years of age is forbidden. All children under 12 years must be accompanied on the water by an adult. Sailing with a child under 7 years is forbidden (unless accompanied by a qualified instructor). The lessee is responsible for the people whom he authorises to use the equipment he is renting.
B – Capacities required for sailing
Sailing is forbidden for people who are unable to swim at least 25 metres and immerse themselves. The adults or legal representatives in charge of minors certify their ability to swim at least 25 metres and immerse themselves. The legal representatives of minors are their fathers, mothers or guardians. When the minor is not accompanied by one of these legal representatives, any lessee wishing to sail with the minors must present a certificate from the legal representative or a certificate from a qualified authority testifying to their abilities.
By signing the rental contract, the lessee declares and certifies that he and the people which he authorises to use the equipment he has hired know how to swim at least 25 metres and immerse themselves and have the knowledge, technical abilities and experience required to complete the planned itinerary (Conf. Display of classes)
C – Civil liability insurance
The renter is covered by a civil liability insurance policy (Display). By signing the contact, the lessee declares and certifies that he and the people which he authorises to use the equipment he is hiring are insured by a civil liability insurance.
D – Accessories
The renter is not responsible for parked vehicles or any objects entrusted to him.
III – Object of the contract
A – Equipment
According to what is specified in the contract (type and quantity), the renter provides the lessee with: boats: canoe(s), kayak(s), personal protective equipment: floating aid(s), helmet(s) , sailing accessories: paddles, skirt(s), wetsuit(s), container(s) for storing the lessee’s personal belongings during the trip.
All of the equipment provided for the lessee is in a perfect state of operation and upkeep in accordance with its purpose and regulations in force. The renter provides the lessee with information and instructions for using the equipment hired, the operations registers and the monitoring and control of the equipment hired. (conf. Folders).
- Specific conditions for using the equipment hired
The rental contract transfers the ownership of all the equipment rented to the lessee during the entire rental period. The rental starts when the lessee takes possession of the equipment and ends when this equipment is returned to the renter by the lessee. When returning the equipment, an inventory will be completed by both parties, namely the renter and the lessee.The renter may not be held liable for any damages caused to the renter, to people which the latter has authorised to use the equipment he is renting, to the lessee’s property or that of the afore-mentioned people, as a result of non-compliant use of the equipment hired by the lessee or the afore-mentioned people. The watertightness of the containers is not guaranteed by the renter because it is subject to these being closed correctly by the user.
- The lessee’s special obligations concerning the equipment hired
The wearing of floating aid(s) while sailing is compulsory and they must be kept closed at all times when the canoe is on the water.The renter is not responsible for how the equipment hired is used, especially sailing, closing, fastening and supervision of bags and containers designed for the lessee’s personal belongings and those sailing with him. The lessee is fully responsible for all the belongings transported by him and the people he authorises to use the equipment he is renting. The renter may not be held liable for any loss, theft, or breakage of any of the lessee’s belongings and those sailing with him that occurred during the itinerary. The equipment rented is designed for the sole use of the lessee without any possibility of sub-letting or lending free of charge.
B – The sailing route
Information about the route and the sailing conditions
The renter offers a selection of sailing routes. For each of these routes, it indicates the number of kilometres, average sailing time (with the exclusion of any stops), sailing category, the site of the start and finish of the route, the rules which apply (sailing, traffic, environment), the difficulties and dangers of the route (Displays).
In the event of unfavourable weather or hydrological conditions, the renter may refuse the rental subject to the refund of any down payments.
The information provided by the renter is for information purposes and does not prevent the lessee’s from searching for any additional information which he may deem to be necessary.
The choice of sailing route
The lessee is free to choose the route he wants to follow and which he believes is suitable for the people he authorises to use the equipment hired. The route chosen by the lessee is indicated in the rental contract.
The lessee may:
either freely choose the route he wants to follow and which he believes is suitable for the people he authorises to use the equipment hired. The route chosen by the lessee is indicated in the rental contract.
or use the equipment hired under his own responsibility on any other sailing route not offered by the renter. This choice is indicated in the rental contract.
The lessee declares and certifies that he and the people he authorises to use the equipment he is hiring have been informed of the regulations, difficulties and dangers of the route they have chosen to complete.
The lessee’s special obligations concerning the sailing route
The renter informs the lessee of the regulations and signposting that apply on the sailing route, the sailing classes, the land routes for leaving the itinerary, hydrological and meteorological data, conditions for passing the structures along the route when these exist and emergency service numbers (Displays).
It is compulsory to wear closed shoes.
It is forbidden to abandon any equipment along the route. Any equipment abandoned will be invoiced at the price of the equipment hired plus the cost of the return of the boat and any people and any search costs according to the rates in force displayed in LOULOU BATEAUX’ premises.
The loss or breakage of any equipment will incur an additional invoice. The lessee undertakes to not discard or leave any waste along the route and to bring it back to the renter at the end of the trip for sorting and disposal in containers indicated by the renter.
Except in cases of force majeure, entry into, stopping and parking on private plots of land alongside waterways, access to which is forbidden by the owner (signs/fences/oral instructions), is forbidden and may incur the lessee’s contractual, civil or criminal liability. Damage to any public or private property (plots, paths, structures, signs, etc.) is forbidden and may incur the lessee’s contractual, civil or criminal liability.
The lessee undertakes to be courteous and to respect local residents and other users of the waterway.
The sailing route is completed under the responsibility of the lessee who acknowledges that he has been informed about the specific conditions for completing the route.
IV – Associated or additional services
The rental contract includes a transport service (according to the case: transport to the site of embarkation or collection at the arrival point). When the lessee does not want to benefit from this associated service, he must indicate so in the contract.
V – Prices and payment of services
The price includes, for each route offered by the lessee and each person, the equipment required for sailing and the transport service. Accessories, such as wetsuits are invoiced as a supplement, as well as any meal services. The loss or breakage of any equipment will require additional payment as indicated in the rental contract. The price of each service is indicated in the contract.
The lessee undertakes to pay the sum or the balance of all the services before taking possession of this equipment without any discounts.
The lessee undertakes to pay to the renter the amount of any equipment lost and/or damaged, subject to the prices indicated in the contract.
Advances when booking (e-mail, telephone, fax, mail) are payable by Cheque, Bank Transfer, Credit Card, Cash or ANCV holiday vouchers).
Services that are not booked in advance or outstanding balances are payable by Cheque, Bank Transfer, Credit Card, Cash or ANCV holiday vouchers)
In the event of unfavourable weather or hydrological conditions, the renter is the sole judge and may refuse the rental subject to the refund of any down payments.
The renter reserves the right to request the payment of a deposit prior to the lessee taking possession of the equipment.
VI – Cancellations
In the case of a cancellation by the lessee, no refund of any down payments or the service itself will be made, but the lessee will be offered the chance to postpone the service during the season in progress.
Specific cases incurring a full and individual refund:
Case of force majeure: death, hospitalisation, serious illness (on presentation of a document of proof). Note that for groups, only the people concerned will be refunded.
Orange or red weather warnings: rain, flood 24-hour weather forecast)
spate duly observed on the Salavas scale (see prefectoral decree No. 699 of 1 June 2001).
VII – Expenses in the case of the loss or abandonment of equipment
Loss of equipment: Failure to return the hired equipment, for whatever reason, will result in the lessee being invoiced for the full new value of this equipment at the recommended retail price in addition to the rental price.
VIII – Protection of personal data
In accordance with the provisions of the Data Freedom Act of 6 January 1978, modified by the Act of 6 August 2004 attached to the present regulations concerning the protection of individuals with regard to the processing of personal data, the lessee benefits from a right of access which allows him to rectify or oppose any personal data being collected by the renter.