General terms and conditions of sale
SARL Gabarres Caminade
Head office : Le bourg 24250 La Roque-Gageac
SIRET : 451 785 737 00011
The present conditions of sale are concluded on the one hand by the SARL Gabarres Caminade and on the other hand, by any natural or legal person wishing to make a reservation, and therefore a purchase, on the website https://www.gabarrecaminade.com.
These general conditions define the rights and obligations of the parties in the context of the remote booking of services offered by our establishment, whose contact details are specified in this booking confirmation document. They govern all the steps necessary for the reservation and the follow-up of the reservation between the contracting parties. The client acknowledges having read and accepted these general terms and conditions of sale and the terms and conditions of sale of the booked fare accessible on our booking platform. The present general terms and conditions of sale apply to all bookings made via the internet, through our booking platform.
The client chooses the services presented on our booking platform. The client acknowledges that he/she has taken cognisance of the nature, the destination and the booking methods of the services available on our booking platform and that he/she has requested and obtained the necessary and/or additional information in order to make his/her booking in full knowledge of the facts. The client is solely responsible for his choice of services and their suitability for his needs, so that we cannot be held liable in this respect. The reservation is deemed to be accepted by the client at the end of the reservation process.
3. Booking process
Reservations made by the client are made by means of the dematerialised reservation form accessible online on our reservation platform. The reservation is deemed to have been made upon receipt of the reservation form. The client undertakes, prior to any reservation, to complete the information requested on the reservation form or request. The client attests to the truthfulness and accuracy of the information provided. After the final choice of the services to be booked, the booking procedure includes in particular the entry of the bank card for payment, the consultation and acceptance of the general terms and conditions of sale and the terms and conditions of sale of the rate booked before the booking is validated and, finally, the validation of the booking by the client.
4. Acknowledgement of receipt of the reservation
Our booking platform acknowledges receipt of the client’s booking by sending an e-mail without delay. In the case of online bookings, the acknowledgement of receipt of the booking by e-mail summarises the contract offer, the services booked, the prices, the terms and conditions of sale relating to the selected fare, accepted by the client, the date of the booking made, information relating to after-sales service, as well as the address of the seller’s establishment to which the client may submit any complaints.
5. Cancellation or modification by the client
The sale of tickets for a boat tour is considered to be a sale of leisure services. The customer is reminded, in accordance with article L. 121-21-8 12° of the French Consumer Code, that he/she does not have the right of withdrawal provided for in article L. 121-21 of the Consumer Code.
No cancellation or modification is therefore possible except in cases of force majeure (illness, death, war, riots, insurrections, fires, earthquakes, storms and floods) and subject to the sending of proof (for deaths and illnesses) at least 48 hours before the visit to the following email address: firstname.lastname@example.org. Refunds for requests accompanied by proof (e.g. illness) will only be given to the person mentioned in the proof and not to accompanying persons.
All reservations are nominative and may not be transferred to a third party, whether free of charge or for a fee.
In the event of a change in the date or time of the visit requested by the client, Les Gabarres Caminade will only be able to accept your request if the request is made by email (to email@example.com) at least 48 hours before the day of the visit..
6. Consumption of the service
In accordance with the regulations in force in certain countries, the customer may be asked to complete a police form on arrival. To do so, the customer will be asked to show an identity document in order to check whether or not he/she must complete the police form. Any behaviour contrary to public morality and order will lead the establishment to ask the customer to leave the establishment without any compensation and without any refund if a payment has already been made. For establishments with internal regulations, the client accepts and undertakes to respect these regulations.
In the event of non-compliance by the client with any of the provisions of the Internal Regulations, the establishment shall be obliged to ask the client to leave the establishment without any compensation and without any refund if payment has already been made.
The photographs presented on our booking platform are not contractually binding. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the establishments presented give as accurate an idea as possible of the services offered, variations may occur between the time of the reservation and the day of consumption of the service. The establishment cannot be held responsible for the non-execution or poor execution of the reservation in the event of force majeure, the fault of a third party, the fault of the client, in particular the unavailability of the Internet network, impossibility of access to the website, external intrusion, computer viruses or in the event of unauthorised payment by the bearer’s bank. Any reservation or payment that is irregular, inoperative, incomplete or fraudulent for a reason attributable to the customer will result in the cancellation of the order at the customer’s expense, without prejudice to any civil or criminal action against the latter.
Complaints relating to the non-performance or poor performance of the services booked must, on pain of foreclosure, be brought to our attention in writing within eight days of the date of departure from the establishment.
The prices for the booking of services are indicated before and at the time of booking. Prices are confirmed to the client in the commercial currency of the establishment, i.e. €, and are valid only for the period indicated on the booking platform.
If the payment is made to the establishment in a currency other than the one confirmed on the reservation, the exchange costs are to be borne by the client.
The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will automatically be reflected in the prices indicated on the date of invoicing.
Any change or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the date of the invoice.
Any validated order makes the reservation firm and final. All payments will be made in euros. Payment by credit card allows the customer to purchase tickets online, it being specified that only one method of payment is authorised per order.
The bank cards accepted are those of the Carte Bleue, Visa and Mastercard networks, which are valid and not subject to any bank opposition. Payment by credit card is made on the secure bank servers of our partner PAYZEN. This implies that no banking information concerning the customer transits via the site of Gabarres Caminade. Payment by credit card is therefore perfectly secure; the customer’s order will be recorded and validated as soon as the customer’s bank accepts the payment. The payment must be made at the time of the order, by credit card exclusively through the secure payment system without any additional cost.
Les Gabarres Caminade is not responsible for any charges on credit card transactions, caused by exchange rate variations or for other reasons. All payments made on the website are made via the secure payment platform, which means that no banking information concerning the customer passes through the elloha.com website. Payment by credit card is therefore perfectly secure; the customer’s order will thus be recorded and validated as soon as the payment is accepted by the bank chosen by the customer.
Les Gabarres Caminade reserves the right to refuse to honour an order for tickets from a customer who has not paid in full for a previous order or with whom a payment dispute is being administered.
The date of validation of the ticket order corresponds to the date of the order and its payment by credit card online (law of 13 March 2000 on electronic signature). As soon as the payment is accepted, the buyer receives an e-mail confirming his reservation.
11. Respect for privacy
The client is informed, on each of the forms collecting personal data, of the compulsory or optional nature of the answers by the presence of an asterisk.
The personal data collected by Les Gabarres Caminade when making a reservation on the internet is
strictly reserved for the use of the ticket office. Nevertheless, the information processed is also intended for elloha.com, its entities, its partners and its service providers (and in particular the online payment service providers). The customer authorises elloha.com to communicate his or her personal data to third parties provided that such communication is compatible with the performance of the operations incumbent upon elloha.com under these general terms and conditions and in connection with the Customer Charter for the protection of personal data.
In accordance with the amended Act of 6 January 1978 known as the “Data Protection Act” and the European Regulation 2016/679 of 27 April 2016 known as the “General Data Protection Regulation”, you have the right to access, rectify, modify and delete any data concerning you. You can thus demand that any information concerning you that is inaccurate, incomplete, ambiguous or out of date be rectified, completed, clarified, updated or deleted. You may also exercise your right to object to and limit the processing of your data, as well as your right to the portability of information concerning you. In order to exercise your rights, you may send a request by e-mail to the following address: firstname.lastname@example.org. You also have the right to appeal to a national supervisory authority such as the Commission Nationale de l’Informatique et des Libertés (French Data Protection Authority) in the event of a violation of the applicable regulations on the protection of personal data.
12. Evidence agreement
Entering the required banking information, as well as accepting these general terms and conditions and the voucher or booking request, constitutes an electronic signature which has the same value between the parties as a handwritten signature. The computerised records kept in the computer systems of elloha.com shall be kept under reasonable security conditions and shall be considered as proof of the communications, orders and payments made between the parties. The customer is hereby informed that his IP address is recorded at the time of booking.
13. Force majeure
Force majeure is any event external to the parties which is both unforeseeable and insurmountable and which prevents either the client or the establishment from fulfilling all or part of the obligations set out in the contract. Cases of force majeure or fortuitous events are those usually recognised by the jurisprudence of the French Courts and Tribunals. Each party may not be held liable towards the other party in the event of non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the performance of their mutual obligations and that each party shall bear the costs arising from it.
14. Dispute resolution
These General Terms and Conditions of Sale are governed by the law of the country of establishment without prejudice to any mandatory protective provisions that may be applicable in the consumer’s country of residence.
These General Terms and Conditions of Sale, the terms and conditions of sale of the fare booked by the client, and the voucher or booking request express the entirety of the parties’ obligations. No general or specific conditions communicated by the client may be integrated into these general conditions. The documents forming the contractual commitments between the parties are, in decreasing order of priority, the reservation form or request (including the special conditions of the reserved fare) and these general conditions. In the event of a contradiction between the booking form and the general terms and conditions, the provisions of the booking form shall be the only ones applicable to the obligation in question. The present general conditions of sale by internet may be modified and/or completed by the establishment at any time. In this case, the new version of the general terms and conditions of sale by internet will be put online by the establishment. As soon as the new version of the general terms and conditions of internet sales is published on the internet, it shall automatically apply to all customers.