Contact information :
CAP AU SUD
SARL – 819 573 759 RCS Beziers
Address: 7 impasse of Juliane Capiscol ZI, 34500 Beziers
Tel. : 07 82 09 13 51
VAT: FR 15 819573759
Every time they will be used in these Conditions of Sale and Use of sales onsite, online or in connection with its implementation, the terms have the meanings given to them in the definitions below after:
Producer: refers to CAP AU SUD, SARL capital of 15 000 euros, registered with the RCS Beziers under number 819 573 759, whose registered office is 7 impasse of Juliane, Capiscol ZI, 34500 Béziers. It provides the Service commissioned the Beneficiaries of Countermark.
User (s): any (s) person (s) Physical (s) using the selling site online, online sales, to consult the services offered by the producer, to make online bookings and, if necessary, to pay the subscribed services. The user may or may not be the beneficiary of the service . If it is not the beneficiary, it is up to him to ensure the ability of each of the beneficiaries to participate in the Service before any Order.
Recipient (s): refers to the person (s) indicated (s) as beneficiary (s) of the Service at the time of the Order.
Part (s) jointly or separately designates the user and / or the producer.
Service (s): refers to the service or product offered for sale on the online sales or onsite and supplied by the producer to the service of the Beneficiary (ies) in exchange for Countermark.
Order (s): refers to the reservation (s), payment (s) online, via the online sales website, or payment onsite a service the producer by a User.
Countermark: means the document sent by email by User during the validation of his order, which must be submitted by the Beneficiary to the settlement of the Producer Services selected at time of purchase. The Countermark includes: the name of the Beneficiary informed when buying on the sales site online online sales, the nominal value of the Countermark, date of purchase, the name of the Service, an identification number unique.
Website online sales online sales: is the Internet online sales site available Producer at “capausud.eu”.
Buying online and conduct of CAP AU SUD cruises as well as any associated services are subject to these Terms of Sale Site “capausud.eu” as well as general conditions of sale prevail over any CAP document SOUTH including prospectuses, advertisements, and / or other customer documents, including all terms and conditions of purchase, these are not binding on CAP AU SUD . Any order for a service online customer implies full membership right unreservedly to these terms of sale.
These Conditions of Sale and Use of online sales website are intended to define the terms and conditions under which the producer sells and sells services to Users. They constitute a contract between the User and Producer.
These Conditions of Sale and Use of online sales website are effective as of 06/01/20. They cancel and replace all previous versions.
Consequently, any User Control implies acceptance without exception or reservation and its full membership to these Conditions of Sale and Use of online sales website which prevail over any other document, unless special circumstances expressly granted writing by the Producer.
By accessing this website for online sales and / or by carrying out controls, the User declares and acknowledges having read, understood and accepted the conditions of sale and use of the sales site online prior to his order, in the rights of third parties, and in accordance with applicable law.
The User acknowledges and agrees that access to the online sales site may be restricted and / or use subject to particular conditions.
Users who order via the online sales website, regardless of their home or place of connection, are deemed to buy in France and are therefore subject to French law.
3. Purchase and reservation of a service
3.1. Required conditions
Any User buying a service must be at least 18 years old and be legally able to enter.
Anyone making an order on the online sales site guarantees Producer veracity of the information provided by him and undertakes personally for registrants for the same service.
3.2. Description of Services
When booking a service, it is the User to verify the exact content of the proposed service.
The producer tries to describe as accurately as possible the proposed services on the online shopping website. However, the services may be subject to changes which will be notified to the user as soon as possible.
The duration of the proposed services is given for guidance; User can not rely on a variation of this term related to the nature of activities and / or the circumstances in which they were performed.
The photos on the online sales site are not contractual.
The services do not include transportation to the place of appointment with the Producer.
Some activities are available only under certain conditions (physical, weather, or other). In addition, certain activities are only accessible by certain health conditions, age, weight or jurisdiction. These conditions are indicated for each service to the online sales site. The Producer reserves the right to refuse the requested service or to shift the reservation if the requirements are not met by the beneficiary or (s).
Due to the nature of certain activities, the producer may request the Beneficiary to sign a liability waiver or to file a deposit check.
The producer may also require the beneficiary or (s) the production of any required certificate of fitness to practice certain activities.
In all these cases, the producer will not be liable to compensate the User and / or (s) Recipient (s) if it is impossible for that (s) last (s) to participate in the fault service fill requirements.
The producer tries to update in real-time availability of its services.
However, given the simultaneous connections from different users, it is possible that service appearing as available at the date and time chosen by the user at the time of consultation the description will be more at validation of the Order by the User.
Therefore, every order, availability of services is systematically audited by the Producer.
If the producer expressed in the unavailability of User of the Service subsequent to the validation of the Order, the contract will be void and the price paid at the time of the Order will be refunded to the User, excluding any another amount.
3.5. Control, validation and confirmation
The order process on the online sales website is:
User selects or services of their choice, the date and booking time;
it fills the information requested of it and for its reservation (including the number of beneficiaries, names, date of birth and address of beneficiaries, etc.);
he chose the means of payment of his Order,
then he validates his order: the Agreement between the User and the Producer is then concluded.
Pursuant to Article 1316-4 of the Civil Code in the version following the Act of 13 March 2000 adapting the law of evidence to information technologies and relating to electronic signature, electronic signature as “double click “associated with the authentication and non-repudiation and protection of message integrity, a signature value that manifests the consent of the Party of its obligations under the act.
The contract is deemed formed during the validation of the Order on the second click.
The Order finally engages the user can not cancel the contract, without the express agreement of the producer.
The contractual information will be confirmed via e-mail, which will be attached the invoice and Countermark.
Each Countermark includes: the name of the Beneficiary informed when buying on-line sales website, the nominal value of the Countermark, date of purchase, the name of the Service, the date and time of booking, a unique identification number.
The Countermark is valid only for the business and the date selected on the online sales site in the Order.
The prices of services are indicated in euros and correspond to those prevailing at the date of the Order.
The listings of the Services listed on the online sales site mention what is included in the price.
Unless otherwise noted in the description of the Service, the price does not include transportation to the place of the Service, accommodation and living expenses, meals and drinks, expenses payable on location, and any service or service not specifically mentioned in the description of the Service.
5. Terms and method of payment
Regulation of the Services is made online by credit card (Carte Bleue, Visa, Eurocard / Mastercard).
The User must indicate directly in the boxes provided for this purpose the card number, its expiry date and its check code on the back of the card.
The entire amount of the order will be charged to the credit card on the day of the Order.
The Producer reserves the right to suspend any order and any service in case of non-payment or refusal of credit card payment authorization from the authorized banking organizations.
Pursuant to Article L.121-20 of the Consumer Code, in case of distance selling, the buyer has a 7-day withdrawal period after the confirmation of the order by the Producer, without having to justify reasons or pay penalties, except for return shipping costs that will remain dependent.
However, the right of withdrawal does not apply to ” service […] entertainment to be provided on a date or at specified intervals ‘, in accordance with Article L.121-20-4 of the Code of the consumption.
Accordingly, the right of withdrawal within 7 days for exchange or refund, provided for in Article L.121-20-4 of the Consumer Code, do not apply to dating service is reserved to the producer.
7. Exchange, postponement and cancellation
Seller reserves the right to cancel the cruise for force majeure (unpredictability, irresistibility and Event externality that prevented the contract (v. Civ. Art. 1148). In if canceled, the Seller will propose the postponement of the cruise at a later date.
In case of cancellation due to the buyer, no refunds will be done but a report of the service at a later date will be scheduled. For logistical reasons, the buyer must notify the Seller 48 hours later. After this period, the Seller reserves the right to cashing except in cases of force majeure (unpredictability, irresistibility and Event externality that prevented the contract (v. Civ. Art . 1148).
All cancellations must be made by phone or e-mail. Will be regarded as the date effective the date the email or the buyer’s telephone call comes to the Seller.
The responsibility of the producer can not be held liable for loss, theft, or non-use of Countermark intervened after sending the confirmation e-mail or any inability to perform certain activities, attributable to the User and / or Beneficiary.
8. Responsibility Users and Beneficiaries
The user acknowledges having read these Terms and Conditions of Sale, as well as information and advice included in the description of the proposed service and having informed the (s) Recipient (s) of the said service , if is himself the beneficiary.
In addition, each beneficiary must comply with the instructions, advice and recommendations or guides. In this respect, the Producer can not be held liable for accidents that are due to the carelessness of one or more beneficiaries and the Producer further reserves the right to remove at any time, a beneficiary whose conduct is considered dangerous for himself or for other participants. In this case, no refund will be possible.
Minors must for all activities, present a parental authorization or be accompanied by a major and responsible person.
The User is informed that certain activities are high-risk sports that can cause serious physical or brain injury can result in death or the Beneficiary (ies). Users are prompted to verify that this type of activity is consistent with the physical condition or Beneficiary (ies).
In some cases, the producer may request the (x) Beneficiary (s) to sign a liability waiver.
9 Personal Data
Wishing to respect the privacy and protection of information the customer provides, CAP AU SUD respects the law applicable to the respect for private life. The site “capausud.eu” is being recorded to the CNIL. It is recalled that, in accordance with the “Data Protection” law, the Customer has a right to access, correct and delete data concerning him. For this, simply contact the contact details CAPE SOUTH as set out in Article 1 of these general conditions of sale.
10.1. Bonds means
For all the services provided, the Parties specifically agree that the Producer is only subject to a general obligation of means. The Producer undertakes to use every means possible to ensure, in the best conditions, the Service commissioned by the user such as described on its online sales site.
10.2. General Limitation of Liability
Generally, in case the responsibility of the producer would be incurred as a result of non-performance or improper performance of the Services, or for any other reason attributable to the producer, the Parties agree that:
– Only direct damages arising from the breach of its contractual obligations may give rise to compensation. Accordingly, any indirect, including any moral or commercial damage, loss of profit, turnover, order or customer, suffered by the User (s) Recipient (s) and / or third parties can not open right to compensation.
– The amount of compensation likely to be the Producer load is expressly limited to the amounts received by him under the Service.
However, the responsibility of the producer can not be held if the failure or improper performance of contractual obligations is attributable either to the User, either (x) Beneficiary (ies) or the fact of a third party or a force majeure.
10.3 Cancellation / modification
In case of non-availability of seats on the boat chosen or in case of cancellation of a cruise because of CAP AU SUD for any reason whatsoever and particularly in cases referred to in Article 12 hereof, the Customer may be allowed on another boat or another cruise depending on available seats but will never entitled to reimbursement of the service purchased.
Claims for commercial or light quality nature of services provided, should be sent by registered letter with acknowledgment of receipt to the company CAP AU SUD, 7 impasse of Juliane, ZI Capiscol, 34500 Beziers, at the latest within 10 days from the date of the service provided. Complaints will only be admitted that since the difficulties which they are subject have been reported locally to allow remedied and limit the harm that might invoke the Client.
12 Execution of the service
12.1. Rights and Obligations CAP AU SUD
12.1.1 CAP AU SUD agrees to implement appropriate means to ensure smooth running services in accordance with the order and declares to subscribe the necessary assurances to the exercise of its activities.
12. 1.2 The cruises are subject to the rules applicable to inland navigation, CAP AU SUD reserves the right to change, without notice or compensation, cruises (especially regarding the itinerary, duration, time, …) or cancel them at any time, including the day of departure, pursuant to the above rules, or in the event including, but are not limited to, force majeure, acts or terrorist threats, river flood, floods, weather, storms, instructions given by the administration, mechanical problems and generally of any event likely to endanger the safety of persons and property transported.
12.1.3 The departure of the cruise is provided from a minimum of 10 passengers and a maximum of 75 regulatory capacity of the boat CAP AU SUD reserves the right to deny boarding passengers under the age of 16 years which are not accompanied by adults.
12.2 Rights and obligations of Clients
12. 2.1 At least 15 minutes before the departure time of the boat, the Customer must report for boarding place.
12.2.2 CAP AU SUD reserves the right to deny boarding passengers whose behavior (eg: drunk) would be likely to disturb the smooth running of the cruise. There will also be allowed on the boat no animals or equipment that could be hazardous to personnel or passengers.
12.2.3 At the time when he was invited to board, each passenger must strictly adhere to the instructions and safety information by ship’s staff and will be responsible for ensuring their own safety and those of the people he would have the custody and / or property (clothing, luggage and other personal belongings) which it would be owner, keeper or custodian; each passenger is prohibited in particular from entering unauthorized areas of the ship and in particular the location of the motor apparatus, and in the cockpit.
On the occasion of their control, people with disabilities are encouraged to check with CAP AU SUD accessibility boats and deadlines for submission before boarding.
13.1. The cruises are subject to all rules applicable to inland navigation, CAP AU SUD reserves the right to assess the navigability of the river and will in no way be held responsible in case of modification or cancellation of a cruise resulting from the application of the above rules and generally of any event likely to endanger the safety of persons and property transported.
13.2. CAP AU SUD shall in no case be held liable for damages of any kind resulting in particular force majeure, acts or terrorist threats, river flood, floods, weather, storm, d technical incidents, of failure of one of its service providers and generally any other event of some kind that would be beyond the control of CAP AU SUD .
13.3 CAP AU SUD is not responsible for theft or damage to clothing, hand luggage and other belongings of the passengers, but also sustain damage or injury in the event of non-compliance by the passenger bans and measures security present on the boats. CAP AU SUD nor can be held responsible for throwing objects and incivilities from third since the banks / bridge to the passengers on the foredeck or higher.
CAP AU SUD reserves the right to charge the customer any product damage caused to the boat and its equipment, by itself, and in general, for anyone he meets (minor accompanying member of his group, he would have chosen provider etc …).
13.4 CAP AU SUD is not responsible for non-compliance by the Customer of these terms of sales and general and special police regulations, without prejudice to the damages it may request because of the damages that she has suffered because of this failure.
13.5 CAP AU SUD can not be held responsible in the online sales process, its liability shall in no case be sought for damages resulting from the use of the Internet such as data loss, hacking, viruses, break service or other issues not within its jurisdiction.
14. Force majeure
The obligations contained herein shall not apply or be suspended as of right and without compensation if their execution has become impossible due to force majeure or fortuitous event as defined by the courts or for any reason not attributable to the User at (x) Recipient (s) or producer.
Each Party shall notify the other party by any means and without delay upon the occurrence of a force majeure event preventing it from performing all or part of its contractual obligations.
The Parties shall implement all efforts to prevent or reduce the effects of a breach of contract caused by a force majeure event; the party wishing to invoke a force majeure event shall immediately notify the other party the beginning and, if necessary, termination of the event, otherwise it can not be discharged from liability.
Moreover, if the event were to last for more than thirty days from the occurrence, this agreement may be terminated without the User (s) Recipient (s) or producer can claim the granting of damages and interests.
15. Access to the online sales site
The Producer strives to offer permanent access to the online sales site, 24 hours 24, 7 days out of 7. However, access to the online sale of the Site may be suspended at any time without notice, especially because of breakdowns, failures, or paralysis of the network, system and / or media, and the fact of made maintenance and corrections of interventions needed by the update and the proper functioning of sales Site online.
The Producer reserves the right to modify at any time and without notice, the contents of the online sales site.
The User agrees not to hinder access to the online sales site and / or the functioning of online sales Site in any manner which could damage, intercept or interfere all or part of the online sales site.
The Producer can not be held responsible for any direct or indirect damage due to an interruption, malfunction whatsoever, suspension or cessation of online sales website, for any reason whatsoever or for any direct or indirect result of any way to access the online sales site.
Users of this online shopping website acknowledges having the skills and resources necessary to access and use the online sales site. The communication protocols used are those in use on the Internet.
The Producer can not be held responsible for factors beyond its control and any damage that may be suffered by the technical environment of the User and particularly computers, software, network equipment and any other equipment used to access or use the online sales site.
It is reminded that to access or remain fraudulently in a computer system, to hinder or distort the functioning of such a system, fraudulently introducing or modifying data in a computer system constitute offenses punishable criminal penalties.
Access to the online sales site is free. telecommunication network access and usage fees are the responsibility of the user, in the manner determined by the access providers and telecommunications operators.
16. Intellectual Property
The entire online sales website (structure, presentation and content) is a work protected by French and international legislation on copyright and, generally, intellectual property.
The Producer is the owner or holder of the rights of all the elements that make up the online sales site, including text, data, drawings, graphics, photos, animations, sounds, including downloadable documents. All rights, including in particular the operating rights, the rights of reproduction and extraction on any medium, of all or part of the data, files and all elements in the Web pages of this online shopping site, and the rights of representation and reproduction in any medium, of all or part of the online sales site itself, editing rights, adaptation or translation, are reserved exclusively to the producer, and its potential ayants- rights and,
Any reproduction, distribution or redistribution in whole or part of the contents of this website for online sales by any means without the express prior consent of the producer is prohibited and constitutes an infringement punishable by articles L. 335-2 of the Intellectual Property Code.
The reproduction of texts and online sales site web pages on paper is still permitted, subject to compliance with the following conditions: free distribution, respect for the integrity and purpose of the documents reproduced (no modifications or alterations), respect for the purpose of selling site online in the use of such information and materials, clearly and legibly the source mentioning the name of the online sales website, address and internet rights author of the Producer.
Copies of documents contained on this online shopping site can be made for information purposes and exclusively for strictly private use. Further reproduction or use of copies for other purposes is expressly forbidden.
The trademarks and company names and logos appearing on the online sales site are protected. Any total or partial reproduction of these brands or these logos made from elements of the online sales website without the express permission of the producer or their beneficiaries is prohibited within the meaning of Article L 713 – 2 of the Code of Intellectual Property.
The online sales site contains hypertext links allowing access to the website selling lines that are not published by the Producer. Consequently, it can not be held liable for the content of the website selling lines which the User are able to access.
Hypertext links to the online shopping site home page is allowed. Are subject to prior approval of the Producer, the links made on specific pages of the online sales site (deep linking or “deep linking”).
Targeted Page URL must be clearly indicated. The user online sales site should not bring up the online sales website as his own, distorting the content of the online sales site, refrain from clear that the user is directed to the site online sales. The pages of the online sales site should not be nested inside the pages of another online sales site, but can be displayed in a new window.
No “mirroring” the online shopping site, that is to say a posting to another URL is authorized.
18. Users Traces
The User is informed that during his visits to the online sales site, a “cookie” (cookie as a small file sent to the hard disk of the computer of the user) can settle automatically and stored temporarily in memory or on its hard disk. The online sales site Users acknowledge having been informed of this practice and allow the Producer to use it. They will oppose these cookies by configuring the browser installed on their system, to be notified of the arrival of a cookie and to be able to refuse.
The “cookies” used on this online shopping site and possibly other environment variables catches, directory audit file management and opening temporary internet files (cache), will be operated that solely for analysis and optimization of online sales site by the producer who undertakes not to make any other use.
19. Personal data
In use the online sales website, User may be asked to provide different personal information.
The User declares to be informed of the processing of information, including management of email addresses.
Personal data of users are for the Producer, which is allowed to keep the computer memory, to use and to disclose to third parties or to its technical and commercial partners, to enable users to use the service the users of commercial offers for similar products or services.
The User acknowledges and agrees that the Producer can be brought, to comply with applicable law, to disclose personal data concerning, in particular for the purposes of legal proceedings, to enforce by the Terms of Sale Users and Using the online sales site, to meet the demands of the police authorities and police regarding the violation of third party rights and more generally to protect the rights and interests of the producer and its technical and commercial partners.
In accordance with Law No. 78-17 of 6 January 1978 on computers, files and freedoms, amended by Law No. 6 August 2004, users have at any time an individual right of access , modify, rectify and delete data concerning him. All they need to exercise the right to make the application by providing their name, email address and the purpose of their request to the Producer by email.
Intelligence information marked “mandatory” is essential to the management of the User Control. Failure intelligence optional data does not entail any difference in treatment of any kind whatsoever for the User.
The entered information is intended for the producer, its subcontractors and its technical and commercial partners. Their treatment has the purpose of managing, securing and validating the Order, the fight against Internet fraud and the sending of commercial offers. If the user does not wish to receive these offers by email, they simply check the box provided for this purpose. The commercial offers sent only apply if offers of the producer and the commercial offerings of its partners. A link will allow the user to each received email, indicate their opposition to the future, to the receipt of new commercial offers.
20. Protection of minors
Pursuant to Article 1124 of the Civil Code, unemancipated minors are incapable of contracting.
Therefore, the controls for minors must be placed by the persons exercising parental authority.
In case of accidental collection of personal data relating to minors, persons exercising parental authority have the right to oppose their conservation with the Producer.
These Conditions of Sale and Use of online sales website represent all obligations of the Parties in relation to their subject.
The User acknowledges and agrees that the fact that the producer to tolerate a situation does not result to grant vested. Such tolerance may be construed as a waiver to enforce the rights in question later.
If one or more provisions of these Conditions of Sale and Use of Online Sales Site are held to be invalid or declared as such under any law, regulation or following a final decision of competent jurisdiction, the remaining provisions remain in full force and effect.
The producer may rely as evidence of any acts, programs, data, files, records, operations and other elements (such as monitoring reports or other reports) in nature, format or computer or electronic, established, received or preserved directly or indirectly by the producer or by its technical service providers, for example in any database.
As such, the records kept by the computer system of the producer or its technical service providers are expressly accepted as proof of communications between the Parties, the use of online sales website and payments between the Parties, as proof in case of dispute.
The filing of orders and invoices is made on a reliable and sustainable manner to correspond to a faithful and durable copy pursuant to section 1348 of the Civil Code.
22.2. Applicable law
This Agreement is governed by French law, to the exclusion of any other law or convention, regardless of the place of use of the sales site online or performance of the Services. This applies to substantive rules as to the rules of form.
22.3. Attribution of jurisdiction
In case of dispute, and if no amicable settlement is successful, the producer and the user will defer to the competent courts where the registered office of the producer, which they do express attribution of jurisdiction, including in cases of multiple Parties involved or guarantee call, incidental claims, even for summary proceedings or on request.