General terms and conditions of sale

Preamble

These General Terms and Conditions of Sale (hereinafter the “GTCS”) are offered to Customers (hereinafter the “Customer”) by the company EIFFEL CROISIERES, whose registered office is located opposite 34 avenue de New York at the Bateau le Dauphin in Port Debilly and which is registered with the Paris Trade and Companies Registry under number 433442332 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@eiffelcroisiere.fr and its VAT number is : FR 52 443 442 332.

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.

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

In accordance with article L.221-28-12° of the French Consumer Code, the right of withdrawal does not apply to Services provided by EIFFEL CROISIERES.

Article 1 – Booking and payment

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 ;

Article 2 – Prices

Prices are firm and final.

Prices include all services indicated in the description of each Service.

Prices are per person, in euros and include all taxes.

Article 3- Cancellation and modification policy

3.1. Cancellation and modification at the customer’s initiative for individuals

3.1.1 Cancellation at the 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 Event	Less than 72 hours before the date of the Event
Cancellation fees	50% incl. VAT of the Service	100% of the Benefit (No refund)

3.1.2. Customer-initiated modification

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)	Modification of the date of the Event: €30 per adult and €15 per child)

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

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

3.2.1 Cancellation at the 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 10 days before the Event	Less than 10 days before the date of service
Cancellation fees	15% of estimate	100% of the Benefit (No refund)

3.1.2. Customer-initiated modification

Service modification date	More than 10 days before the Event	Between 10 and 5 days before the date of the Event	Less than 5 days before the date of the Event
Cancellation fees	Change in number No charge, bearing in mind that the number of persons cannot be reduced by less than 10% Change in date No charge	Change of date Fee=10% of quote amount	Modification not possible

3.3 Cancellation at 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 an alternative date or to refund the customer in full without 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.

3.4 Cancellation in the event of a government-ordered operating ban in the event of a pandemic.

Eiffel Croisières will offer to reschedule the cruise within a maximum of 1 year or to refund the cruise.

3.5 Route modification or cruise cancellation in the event of flooding

3.5.1 Modification

EIFFEL CROISIERES will compensate the customer 20% of the amount of the reservation.

3.5.2 Cancellation and dockside culinary services
EIFFEL CROISIERES will compensate the customer for 30% of the amount of the reservation.

Article 4 – Liability

To the extent permitted 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 improper use or non-conforming use of the Services by the Customer, in violation of EIFFEL CROISIERES’ instructions.

4.1 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 by the Customer.

4.2 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.

4.3 Safety

The customer undertakes to behave in a way that does not contravene common sense or the laws and regulations in force, 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.

4.4 Pets

Pets are not allowed on board.

Article 5 – 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 6 – 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”.

Should any provision of the Contract be invalidated for any reason whatsoever, such invalidity shall have no effect on the validity of the remaining provisions of the Contract. The Parties shall endeavor in good faith to replace the stipulation in question with an equivalent clause.
Any modification requires the written agreement of both Parties.

Article 7 – Contract amendment and nullity

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 provision of the services.
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 connection with 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.

Finally, if this mediation procedure fails or if the Customer wishes to take the matter to court, the rules of the French Code of Civil Procedure will apply.