General terms and conditions of sale

Preamble

All cruises and associated services, in particular catering and entertainment, are subject to the provisions of these general terms and conditions of sale, unless special provisions have been contractually agreed with the customer or partner. The present general conditions of sale are intended to express all the rights and obligations of EIFFEL CROISIERES. These general terms and conditions of sale take precedence over any general terms and conditions of purchase that may be invoked by the customer and/or partner. EIFFEL CROISIERES makes these general terms and conditions of sale available on its website so that the Customer and/or partner can read them before booking.

These General Terms and Conditions of Sale (hereinafter the “GTCS”) are offered to Customers (hereinafter the “Customer”) by EIFFEL CROISIERES, whose registered office is located opposite 34 avenue de New York at the Bateau le Dauphin, Port Debilly, 75016 Paris and which is registered with the Paris Trade and Companies Registry under number 433 442 332 R.C.S. (hereinafter “EIFFEL CROISIERES”).

EIFFEL CROISIERES can be reached at the following telephone number: 01 56 89 88 98 or at the following email address: reservation@eiffelcroisieres.com and its VAT number is : FR07433442332.

EIFFEL CROISIERES declares that it is insured with an insurance company for its operational civil liability.

EIFFEL CROISIERES is a company specializing in lunch and dinner cruises on the Seine in Paris for individuals and groups, for companies and individuals (hereinafter the “Services”).

These GCS govern the contractual relationship (hereinafter the “Contract”) between EIFFEL CROISIERES and the Customer (hereinafter jointly referred to as the “Parties” and individually as the “Party”).

The present General Terms and Conditions are systematically communicated to each Customer before the conclusion of the Contract. Consequently, the act of placing an order for Services (hereinafter the “Order”) implies the Customer’s full and unreserved acceptance of the aforementioned GCS, to the exclusion of all other documents.

For the purposes hereof, the terms hereinafter defined, whether singular or plural, shall have the following meanings:

. ” Customer “: any individual or legal entity acting as a consumer within the meaning of the French Consumer Code, i.e., for purposes that do not fall within the scope of its commercial, industrial, artisanal, liberal or agricultural activity;

. ” Services “: catering and/or services offered directly by the Provider or indirectly via its website.

. ” Website ” means the Provider’s website and any related portals and URL variations;

. ” Gift Voucher “: Nominative purchase voucher purchased by the CLIENT allowing a beneficiary, other than the customer, to enjoy the SERVICE within the limit of the amount in euros of the voucher and subject to the particular conditions (uses, specifications and limitations) set out on the said voucher.

The Services offered by EIFFEL CROISIERES are intended for consumers as defined by the French Consumer Code.

Right of withdrawal :

Pursuant to article L. 221-28, 12° of the French Consumer Code, the customer may not exercise the right of withdrawal for catering services and leisure activities that must be provided on a specific date or during a specific period.

Article 1 – Reservation and order validation

All Services require a prior reservation and imply acceptance of these Terms and Conditions.

Reservations will only be considered effective once

Acceptance by EIFFEL CROISIERES of the reservation ;
Payment for the Service ;
Receipt of a confirmation e-mail ;

EIFFEL CROISIERES reserves the right to refuse any order from a Customer with whom there is or has been a dispute concerning the payment of a previous order.

All reservations must be made by a customer who is at least 18 years old and has the legal capacity to contract.

EIFFEL CROISIERES also reserves the right not to accept bookings for events of an electoral, political or religious nature that are incompatible with or may damage the image and vocation of EIFFEL CROISIERES.

EIFFEL CROISIERES will accept the number of reservations within the limit of the maximum regulatory capacity for each boat concerned.
It is the Customer’s responsibility to verify the accuracy of the order before validating it.

Article 2 – Price and payment

Prices are per person, in euros and include all taxes. They are subject to the VAT rates in force on the day of the service. The prices invoiced are those in force on the day of booking. Prices may be revised at any time without notice. Any new taxes or charges that may be introduced, or any changes to existing taxes or charges, will automatically lead to a readjustment of prices.

It is the Customer’s responsibility to check that the price proposed by EIFFEL CROISIERES is appropriate before confirming the reservation.

No dispute concerning the price of the Service validated by the Customer may be taken into consideration at a later date.

Once the Customer has validated the Service, the price of the reserved Service cannot be modified.

Payment for the Service may be made in full by cheque (drawn exclusively on a bank domiciled in France and on presentation of valid proof of identity), bank transfer, cash or credit card. However, EIFFEL CROISIERES reserves the right to refuse payment by cheque.

Remote payment by credit card is fully secured by SSL protocol and ensured by an organization specializing in secure online transactions. Bank details are transmitted via a secure link directly to the bank’s website. In any event, the unavailability of the electronic payment service shall in no way exonerate the Customer from his obligation to pay the price of the chosen Services.

EIFFEL CROISIERES shall not be held liable in the event of fraudulent use of a bank card on its website.

Any delay in payment, after the sending of a letter of formal notice, will lead to the invoicing of late payment interest at the legal rate.

In accordance with article D. 441-5 of the French Commercial Code, a flat-rate indemnity of €40 will be payable by all professionals in the event of late payment.

Bank transfer charges are the exclusive responsibility of the customer. Any amount relating to transfer fees incurred to effect payment of the order will be borne entirely by the Customer and will not be deducted from the price of the order.

In the case of payment by bank transfer, the order will not be considered definitively validated until full payment of the agreed price has been received.

Article 3 – Terms and conditions of use of the Gift Voucher

The use of the Gift Certificate is the responsibility of the Customer and the recipient of the Gift Certificate and requires the latter’s unreserved adherence to these GTC, to which the Customer agrees. The Gift Voucher may only be used within the framework of EIFFEL CROISIERES and for the Service as detailed on said voucher.
The non-nominative Gift Voucher received by the Customer at the end of the order and purchase process will be passed on to the beneficiary by the Customer under his/her sole responsibility.
The Gift Voucher has a unique purchase number, which is essential for identifying the beneficiary to the EIFFEL CROISIERES reservations department. In order to make a definitive reservation, the beneficiary must contact the sales department with his/her purchase number by telephone, using the contact details given above, or go to the “Our cruises, Around our cruises, Gift voucher exchange” section on the EIFFEL CROISIERES website. The beneficiary will be asked, on the one hand, to confirm and/or fill in the mandatory fields that are necessary and indispensable for the reservation process to continue and, on the other hand, to choose, depending on the Service purchased by the Customer, a date for the Service subject to availability and in accordance with the terms and conditions set out on the aforementioned Gift Certificate. Once the Beneficiary has made his/her choice and subject to availability, he/she will receive confirmation of his/her definitive reservation for the Service, which may not be cancelled, reimbursed or modified in any way.

At the same time as you receive confirmation of your booking, you will also receive a boarding pass containing the terms and conditions of access to the boats. In addition to the specific conditions stipulated on the Gift Certificate, the beneficiary is subject to the same rights and obligations as the existing Customer under these GTC, subject to the stipulations specific to Gift Certificates. In the event of non-use of the Gift Voucher during its period of validity, neither the beneficiary nor the Customer shall be entitled to any reimbursement, indemnity or compensation whatsoever in respect of said voucher. Gift Certificates may under no circumstances give rise to any discount, monetary consideration, in any form whatsoever, in whole or in part (including the return of change, credit on account or card). Gift Certificates cannot be cancelled, modified, reimbursed in the event of loss or theft or upon expiry of their validity period, nor can they be exchanged or sold.

Article 4 – Cancellation and modification policy

4.1- Cancellation and modification at the customer’s initiative
for individuals

4.1.1. Cancellation on‘Customer’s initiative

The Customer may cancel all or part of the Service provided the following conditions are met:

All cancellations must be notified to EIFFEL CROISIERES in writing. The date of cancellation will be taken as the basis for the application of the cancellation fees set out below:

Date of cancellation

More than 72 hours

before the Service

Less than 72 hours

before the date of the Event

Cancellation fees

50% incl. VAT of the Service

100% of the Benefit

(No refunds)

4.1.2. Modification to the‘Customer’s initiative

Service modification date

More than 72 hours before the Event

Less than 72 hours before the date of the Event

Modification fees

15€ per person

(adult or child)

30€ per adult

and €15 per child

If the Service is modified, the Customer must pay the difference between the two Services.

4.2- Cancellation and modification at the customer’s initiative
for groups of more than 15 people

4.2.1. Cancellation on‘Customer’s initiative

The Customer may cancel all or part of the Service, subject to compliance with the conditions set out below.

All cancellations must be notified to EIFFEL CROISIERES in writing. The date of cancellation will be taken as the basis for the application of the cancellation fees set out below:

Date of cancellation

More than 10 days

before the Service

Less than 10 days

before the date of service

Cancellation fees

15% of the amount of the quotation including VAT

100% of the Benefit

(No refunds)

4.1.2. Modification to the‘Customer’s initiative

Service modification date

More than 15 days

before the Service

Between 15 and 5 days before

the date of the Event

Less than 5 days before the date of the Event

Cancellation fees

Changing the number

Free of charge, bearing in mind that the number of people cannot be reduced to less than 20% of the number indicated on the quotation.

Change date

Free of charge

Changing the number

No downward modification

Change date

10% of the amount of the quotation including VAT

Changing the number

No downward modification. Upward modification subject to availability

Date modification

Modification not possible

4.3- Cancellation on the initiative of EIFFEL CROISIERES

EIFFEL CROISIERES reserves the right to cancel the Service at any time in the event of total or partial non-payment. Any deposit received will be retained.

As cruises are subject to navigation regulations, EIFFEL CROISIERES reserves the right to determine whether or not the river is navigable. Cruises may be cancelled or modified at any time from the time of booking, including at the time of departure or during navigation, in application of the rules in force, or in the event of bad weather or any other cause likely to jeopardize the safety of the persons transported.

EIFFEL CROISIERES also reserves the right to cancel a Service in its entirety, notably in the event of force majeure, strike, natural disaster, cultural event, administrative decision, exceptional closure or any other event beyond its control. Force majeure refers to any event external to the party affected, of an unforeseeable, irresistible and insurmountable nature, which prevents EIFFEL CROISIERES from performing all or part of its obligations under this Contract.

The amount of the Service will be fully reimbursed to the Customer, but the Customer will not be liable for any additional compensation.

In the event of total cancellation of the Event, EIFFEL CROISIERES shall not be liable for any indirect or collateral damage that may result from such cancellation.

EIFFEL CROISIERES reserves the right to cancel a cruise if the number of passengers is less than 12. EIFFEL CROISIERES undertakes to propose another date or to refund the Customer in full without compensation.

4.4- Cancellation in the event of a government-ordered ban on operations

In the event of cancellation of the Event due to a government decision, prefectoral decree, natural disaster, bad weather or an event beyond the control of EIFFEL CROISIERES, the latter will offer a credit note for the amount of the initial Event, valid for 1 year.

4.5- Modification of the itinerary or cancellation of the cruise in the event of flooding

4.5.1. Route modification

Cruises may be modified at any time from the time of booking, including at the time of departure or during navigation, in application of the rules in force to guarantee the safety of the persons transported.

EIFFEL CROISIERES will not make any refund for a change of itinerary.

4.5.2. Cancellation of the cruise and culinary service in port

EIFFEL CROISIERES will compensate the customer for 20% of the cost of the dinner cruise, excluding drinks and options.

Article 5 – Liability

EIFFEL CROISIERES will do everything in its power to ensure that the cruise runs smoothly under the conditions stipulated at the time of booking.

EIFFEL CROISIERES may not be held responsible or liable for any compensation or reimbursement in the event of changes to schedules, the boat and/or the duration of the cruise due to force majeure or “fortune of the water” or due to instructions given by the authorities responsible for navigation.

In case of necessity, the itinerary can be modified without prior notice.

Within the limits provided for by applicable law, EIFFEL CROISIERES may not be held liable for non-performance of the Contract in the event of force majeure as defined by article 1218 of the French Civil Code and the case law of the French courts, or in the event of damage caused by a third party beyond its control or attributable to misuse or non-conforming use of the Services by the Customer, in violation of EIFFEL CROISIERES’ instructions.

5.1- Personal items

EIFFEL CROISIERES cannot be held responsible for the loss or theft of personal objects or luggage during the Event and cannot undertake to recover or return them. All costs incurred in this respect shall be borne exclusively by the Customer.

5.2- Respecting schedules

The customer must arrive in full at the boat parking area no later than fifteen (15) minutes before the scheduled departure time. EIFFEL CROISIERES cannot delay the departure time of the restaurant boat. If the passenger or group of passengers arrives after the boat has departed, they will not be entitled to any refund or compensation.

5.3- Safety

The customer undertakes to behave in a way that does not contravene common sense or current laws and regulations, in particular those prohibiting smoking, the consumption of alcohol or the transport of hazardous materials.

The Customer undertakes to respect the safety rules on board as well as any instructions that may be given by EIFFEL CROISIERES and its on-board personnel.

EIFFEL CROISIERES reserves the right to refuse boarding to any person who contravenes the regulations and/or whose behaviour is clearly such as to put other Customers, the driver or a third party at risk, without the Customer being entitled to claim any compensation or reimbursement.

We remind you that alcohol abuse is dangerous to your health.

EIFFEL CROISIERES cannot be held responsible for the behaviour or accidents of customers who are under the influence of alcohol or drugs, or for any damage they may cause.

EIFFEL CROISIERES reserves the right to invoice the customer for any damage to equipment caused on board by the customer or a guest.

5.4- Animals

No animals are allowed on board, with the exception of dogs accompanying the visually impaired.

Article 6 – Insurance

EIFFEL CROISIERES has taken out an insurance policy covering the financial consequences of the civil liability it incurs as a result of its activity, with the insurance company.

Article 7 – Personal data

The provisions concerning the protection of personal data as derived from the Loi Informatique et Libertés dated January 6, 1978 as amended by the Loi du 20 juin 2018 relative à la protection des données personnelles and the European Regulation on the Protection of Personal Data (“RGPD”) are located in an appended document entitled “Privacy Policy”.

Article 8 – Warranty and claims

EIFFEL CROISIERES guarantees that the Service conforms to the Contract, and the Customer therefore has the right to make a claim under the legal guarantee of conformity provided for in articles L217-1 et seq. of the French Consumer Code, or under the guarantee for defects in the item sold provided for in articles 1641 et seq. of the French Civil Code.

This warranty covers defects in conformity or latent defects resulting from a design or manufacturing fault in the services ordered.

The Customer must notify EIFFEL CROISIERES of any defects and/or lack of conformity within a maximum period of forty-eight (48) hours from the time the services are provided.

Any defects and/or hidden faults noted by EIFFEL CROISIERES will give rise to a commercial proposal (rectification, reimbursement, credit note, etc.) within fifteen (15) days of the defect/vice being noted.

EIFFEL CROISIERES’ guarantee is limited to the reimbursement of services actually paid for by the Customer. This guarantee is excluded in the event of delay or non-performance resulting from force majeure as defined in article 4.

Article 9 – Applicable law

These GTC shall be governed by and construed in accordance with French law, without regard to principles of conflict of laws.

If any provision of these T&Cs or its application to any person or circumstance is held to be invalid, such invalidity shall not affect the remaining provisions or applications of these T&Cs, which shall remain in full force and effect, irrespective of the provision held to be invalid. To this end, the provisions of these GTC are declared autonomous.

In the event of a dispute arising from the interpretation and/or performance of these General Terms and Conditions or in relation to these General Terms and Conditions, the Customer may decide to submit the dispute with EIFFEL CROISIERES to a conventional mediation procedure or any other alternative dispute resolution method.

The Customer is hereby informed that :

In order for the dispute to be examined by the mediator, the customer must prove that he/she has made a written complaint to EIFFEL CROISIERES or its customer service department and must keep written proof of the steps taken;
the request must be well-founded and legitimate.
the Customer may refer the matter to the mediator within a maximum period of one year following his/her written complaint to EIFFEL CROISIERES.

In the absence of an amicable solution, the case will be brought before the competent courts, it being specified that the time limits for taking legal action are not interrupted while such an amicable solution is being sought.

In the event of any dispute or controversy, the French courts shall have sole jurisdiction and French law shall be exclusively applicable. Disputes with our customers registered in the Trade and Companies Register will be submitted to the Commercial Court of Paris.

All the above clauses will be fully respected by both parties.