General terms and conditions

The following general terms and conditions of sale and service contract apply to all subscriptions made between:

-On the one hand the SARL Le Sens de l’Eau with an initial capital of 6000€ – whose registered office is at 347 route de Seigneurdieu 26400 EURRE – registered with the Registre du Commerce et des Sociétés de Romans under the n°Siren 883 292 096,

-And on the other hand the subscriber (hereinafter referred to as the “customer”).

The General Terms and Conditions of Sale define the rights and obligations of the parties within the framework of the “contract for the sale and provision of services” between Le Sens de l’Eau and the customer, and comply with the provisions of the Consumer Code and the Civil Code. Any subscription to this contract is concluded electronically and implies acceptance of these GCS by the customer, who acknowledges having read their entire content even before the contract is formed:

-The customer acknowledges having the capacity to contract, i.e. in particular having reached the age of majority and having legal capacity.

-The customer is responsible for the group and undertakes to pass on all the information described in this contract to all the participants before the start of the canyoning activity.

I – DEFINITIONS

“Le Sens de l’Eau”: Limited company specialising in the resale of sporting activities; the purchase, sale and hire of all derivative products and all types of professional, leisure and sporting equipment (883 292 096 R.C.S. Romans). Canyoning, via ferrata and climbing in the Sierra de Guara and the Jura.
“Client”: the natural person designated in the booking form by “surname and first name” who makes the booking. This person is responsible for all the participants in his/her group.
“Participants”: natural persons designated in the booking form who make up the group as a whole, including the client.
“The services”: Canyoning and aquatic trekking are outdoor activities consisting of progressing on foot in the bed of a river, following a pre-established itinerary and alternating between swimming, jumping, walking and abseiling. Via ferrata is a sporting itinerary made up of metal bars and cables that allow you to progress along rock faces. Rock-climbing is an activity that involves climbing bare-handed with the help of a team-mate using a rope and harness on a route that has been mapped out and secured in advance. These three services begin at the start of the approach walk and end at the end of the return walk.
“Instructor”: A professional with the necessary qualifications and experience to supervise and lead a group.

II – TERMS AND CONDITIONS FOR BOOKING WATER SERVICES

The contract is concluded exclusively by electronic means.

To validate the booking, the customer must complete the booking form in full and tick the box: “I acknowledge that I have read and accepted the “General Terms and Conditions of the Le Sens de l’Eau sales and services contract”; then click on the “Finalise” button.

For institutional groups, a non-refundable (except in cases of force majeure) deposit of 20% of the total amount will be required to validate the booking.
For individual groups, no deposit is required.

III – EFFECTIVE DATES AND DURATION OF THE CONTRACT

• The Contract takes effect at the same time as the customer validates the booking form on the www.lesensdeleau.fr and www.lesensdeleau-jura.fr websites and ends at the end of the last service provided by all the participants in the group.

IV – OBLIGATIONS OF SENS DE L’EAU TO THE CUSTOMER AND PARTICIPANTS

• Following the Customer’s online booking, Le Sens de l’Eau undertakes to send an automatic message by email: This message will contain the “summary of the booking request”, specifying the information relating to the group and the total cost of the service.
  Le Sens de l’Eau undertakes to reply as soon as possible, with a personalised message by email, to validate or invalidate the booking request. In the event of unavailability, Le Sens de l’Eau will inform the customer. In the event of validation, the message will include: a meeting place and time, and practical information for preparing the outing. The obligation disappears if the booking message is not received for a technical reason. For this reason, the customer is invited to consult his spam box.
  Le Sens de l’Eau undertakes under no circumstances to pass on information concerning the customer and participants to third parties.
  Once the booking has been validated by a “booking validation message” email, Le Sens de l’Eau undertakes to do everything in its power to provide the services in accordance with the terms of the contract and to ensure the safety of people.
  Le Sens de l’Eau undertakes to provide all participants in the activity with the technical canyoning, via ferrata or climbing equipment required for the provision of the services.
• Le Sens de l’Eau undertakes to check the legal information concerning the professional instructor supervising the client’s group: up to date professional diploma, professional civil liability insurance and, if necessary, personal accident insurance (to cover an accident or incident for which the instructor is not personally liable and which is not covered by the participant’s own insurance). Le Sens de l’Eau also undertakes to check the competence and capacity of the instructors to carry out this sport coaching function.

V – OBLIGATIONS OF THE CUSTOMER AND PARTICIPANTS TOWARDS LE SENS DE L’EAU

• The customer guarantees the accuracy of the personal information provided concerning all the members of the group, and in particular :

  The first and last names of each participant, a valid telephone number and email address, the date(s) of the activity, the level of the group (Not very sporty – sporty – mixed), the exact measurements of each participant.

• The client undertakes to ensure that he/she and all participants in the group are in good physical condition for the activities, and are comfortable in the aquatic environment (no panic fear of immersing in water), and in the vertical environment. The client undertakes to respect the equipment provided by Le Sens de l’Eau. They are responsible for any damage they may cause to the equipment supplied by Le Sens de l’Eau. Compensation may be claimed in the event of loss or damage to the equipment.
  Participants must bring the following equipment: a swimming costume, closed shoes with good ankle support (trainers or walking shoes), a picnic lunch and a litre of water per person. Customers are solely responsible for their own equipment.
• The customer undertakes to inform us if he/she is going to be late in relation to the appointment time previously sent by personalised validation. If it is not possible to make contact by telephone because of a delay, the instructor will wait around twenty minutes at the meeting point. The customer has no right of withdrawal (article L. 221-28 of the French Consumer Code).
  In the event of a medical problem, participants must inform Le Sens de l’Eau and the instructor in charge of the group on the morning of the outing and ensure that there is no medical contraindication to taking part in the activities.
  Participants undertake not to be under the influence of drugs, alcohol or any other medication that could impair their comprehension or physical ability. Participants are responsible for taking their own medication throughout the activity.
  Participants undertake to follow the safety instructions given to them by the professional instructor in charge of the group throughout the activity.
• Special conditions for major canyons: participants must have :
  have very good experience of canyoning with abseiling ;
  declare that they have no injuries to their lower limbs (ankles, knees, hips, etc.) that would slow down the group’s progress;
  Le Sens de l’Eau requests that you book a classic canyon with the Sens de l’Eau team beforehand, in order to assess the level and physical ability of the participants.

VI – CANCELLATIONS AND GUARANTEES

• Following the customer’s reservation and receipt of the “reservation request summary” message, Le Sens de l’Eau does not guarantee availability on the basis of the desired dates. The dated reservation will be validated from the moment the customer receives the personalised reservation validation message.
  Le Sens de l’Eau has an obligation of means but no obligation of result. In other words, Le Sens de l’Eau cannot guarantee a perfect service, but will do everything in its power to achieve it. In particular, Le Sens de l’Eau cannot guarantee the constancy of natural elements: colour of the water, water temperature, weather conditions, etc.
  Cancellation at the initiative of Le Sens de l’Eau or the independent instructor: if the water level or weather conditions jeopardise the safety of the participants, or if the instructor considers that there is a danger for the participants due to an insufficient physical level, Le Sens de l’Eau and/or the instructor reserve the right to cancel the outing at any time. Cancellation of the service entails cancellation of the obligation to pay for the service, except in the case where the aquatic activity has already begun (i.e. from the moment when the participants immerse themselves in the water in neoprene wetsuits for aquatic activities, or from the moment when the participants embark on the structure, cliff or via ferrata, equipped with harnesses).
• Cancellation at the initiative of clients/participants: in the event of cancellation or modification less than 3 days before the outing (72 Hours), Le Sens de l’Eau reserves the right to request cancellation compensation of 20 € per person and per canyon, or to modify the conditions of the service. In the event of a no-show, Le Sens de l’Eau reserves the right to ask the customer to pay the full price of the service. If the number of participants is less than the number booked, the price to be paid will be that of the number of participants booked.

VII – PRICES AND TERMS OF PAYMENT

Prices are given in Euros, are for one person for a half-day or a full day and are those indicated on the websites. Each time a booking is made, a quote is automatically issued, not taking into account any discounts.

The prices do not include any costs associated with organising the day: transport, picnics, parking fees, etc.

Prices on the Jura website www.lesensdeleau-jura.fr :

* Reduced rates for :

– large families of 5 or more ;

– jobseekers (on presentation of proof);

– students (upon presentation of proof of enrolment).

Preferential rates for holders of the “Avantages Jeunes” e-card and for institutional groups, associations and works councils.

Participants undertake to pay in full at the end of the service. The Customer is responsible for the payment of all the participants in his/her group (between whom there is solidarity of payment) and undertakes to cover any default or non-payment by one or more of the participants.

• Payment is made on site at the end of the service by cheque, cash or holiday vouchers. Bank transfers are possible with a prior request from the customer. As a last resort, payment can be made via the Lydia application. Payment by credit card is not accepted.
• Discounts cannot be maintained in the event of cancellation of one of the days booked, or in the event of withdrawal of one or more members of the group.

Des poursuites judiciaires pourraient être engagées en cas de non règlement des sommes dues, qu’il s’agisse du montant de la prestation ou du montant de la compensation d’annulation.

Any dispute between Le Sens de l’Eau and the customer is dealt with in French and comes under the jurisdiction of the civil courts of the company’s head office. Collection procedures will therefore be handled by the Valence (Drôme) judicial court.

VIII – MISCELLANEOUS PROVISIONS

Correspondence and complaints:

All requests for information, additional information, requests concerning the services of Le Sens de l’Eau, should be addressed exclusively to LE SENS DE L’EAU 347 Route de Seigneurdieu 26400 EURRE.

Telephone: 07 84 38 39 81

• Le Sens de l’Eau is not responsible for objects brought into the canyon by participants, whether damaged, lost or stolen (mobile phone, watch, Go Pro, cameras, etc.). Canisters that cannot be guaranteed to be absolutely watertight are reserved for picnic provisions only.
• The instructor and Le Sens de l’Eau are not responsible for vehicles left parked during the service.
• “Image rights”: all images of participants (photographs or videos) taken during the service by the instructor may be used by Le Sens de l’Eau, with the tacit agreement of the persons filmed or photographed, provided that they are neither degrading nor demeaning. A participant may always object to this rule by simple written request.