General Terms and Conditions of Sale — Online Ticketing

Language. This document is a translation of the French-language General Terms and Conditions of Sale, provided for information purposes only. In the event of any discrepancy between this translation and the French version, the French version shall prevail and shall be the only legally binding text.

Version in force as of March 27, 2024

https://www.visite-calanques.fr/ is a website (hereinafter the “Site”) offering for sale tickets for the purchase of boat excursion services for private individuals (hereinafter the “Tickets”).

These general terms and conditions of sale (the “Terms”) set out the conditions under which any natural person, of legal age and having legal capacity, acting as a consumer within the meaning of the introductory article of the French Consumer Code (the “Customer”), purchases one or more Tickets on the Site from LES AMIS DES CALANQUES II, a limited liability company (société à responsabilité limitée) with share capital of EUR 378,343.50, registered with the Marseille Trade and Companies Register (RCS) under number 913 428 736, with its registered office at 34 Rue du Grand Madier, 13600 La Ciotat (“LES AMIS DES CALANQUES II”).

1. PREAMBLE

The Terms apply to any order of Tickets placed by the Customer on the Site (the “Orders”).

Each Order is subject to the Customer’s full and unreserved acceptance of the Terms, by checking a box provided for that purpose. By checking the box accepting the Terms in order to complete an Order, the Customer acknowledges having read the Terms and fully understood them, and undertakes to comply with their content.

LES AMIS DES CALANQUES II reserves the right to amend the Terms at any time. The Terms applicable to an Order are those in force on the date of the Order.

2. PLACING AN ORDER

2.1 Registration

2.2 Tickets offered

Orders may be placed by any visitor to the Site, subject to these Terms.

The Customer may purchase online one or more Tickets, for one or more boat excursion routes (the “Activity”), as listed on the Site. The description of each Activity is specified on the Site.

When the Customer selects a Ticket, they also select the day and time of the desired Activity.

Tickets are valid as long as the desired time slot for the Activity is available, in view of the vessels’ capacity. When a time slot is no longer available, LES AMIS DES CALANQUES II will use its best efforts to indicate the number of Tickets available in real time. In the event of a malfunction, LES AMIS DES CALANQUES II will contact the affected Customer(s) and will proceed with the exchange or refund of the Tickets, without their liability being incurred in this respect.

2.3 Order process

When the Customer wishes to order the selected Ticket(s), they click on the “Cart” icon and obtain a summary. The selected route, the unit price of the Ticket, the quantity, as well as the total price of the selected Tickets, and the date and time of the Activity will then be displayed.

Tickets in the cart may be removed or modified at any time.

2.4 Completing the Order

Once the Customer has checked the contents of their cart and confirmed that their Order is correct, and wishes to place the Order, they may click on “Proceed to payment”.

The Customer then arrives on a new page, on which they enter their email address, their first and last name, and their telephone number; all of this information being mandatory in order to process the Order. Where the Customer has a Customer account, they may log in using their credentials, so as not to have to re-enter the aforementioned details if these have already been provided. The Customer is hereby informed that, for reduced-rate Tickets, supporting documentation will be requested at boarding.

The Customer then clicks on “Continue to payment” and accesses a page allowing them to enter their payment information.

The Customer may then click on “Review order”, giving them access to the summary and the total price of their Order.

It is the Customer’s responsibility to check for the absence of any error, after which they confirm having read and accepted the Terms by checking the box “I accept the terms set out in the general terms and conditions of sale (Read the Terms)” and express their intention to proceed with the Order by clicking on the payment method they wish to use to pay for their Order and proceeding with online payment.

At any time before proceeding with payment, the Customer may return to the previous pages to correct any errors.

The Customer then pays the price by bank card or Chèque-Vacances Connect; once payment is validated, an email acknowledging receipt of the Order is sent to the Customer by LES AMIS DES CALANQUES II. This email contains the ordered Ticket(s) in electronic form.

The sale will only be considered final after this confirmation email has been sent to the Customer by LES AMIS DES CALANQUES II and the full price has been collected, it being understood that the entire amount of the Order is collected when the Customer places the Order.

Once the Order has become final, it can no longer be modified or cancelled, except where the Customer has taken out one of the paid insurance options made available by LES AMIS DES CALANQUES II. In such a case, the Customer may receive a refund under the specific conditions provided for by said insurance. It is specified that these insurance options are currently being set up by LES AMIS DES CALANQUES II and will be available soon.

3. CONDUCT DURING THE ACTIVITY

The Customer undertakes to report to the dock on the day indicated on their Ticket and at least thirty (30) minutes before the boarding time. Any lateness may result in a refusal of boarding. In such a case, the Ticket will not be refunded to the Customer.

Generally speaking, on the dock and at sea, the Customer is placed under the authority of the captain of the vessel concerned by the Activity.

The captain may refuse, at their sole discretion, access to the Activity to any person who does not appear to them to be fit to go to sea.

It is specified that children under four (4) years of age are only accepted on board if accompanied by an adult, with one adult being able to have no more than two (2) children in their care.

Specifically with regard to persons with reduced mobility, they must contact LES AMIS DES CALANQUES II by telephone to book their Tickets, and may not place an Order on the Site, so that LES AMIS DES CALANQUES II can verify the specific access conditions in order to ensure their safety and comfort.

The Customer is required to comply with the captain’s instructions and decisions to ensure the safety and proper conduct of the Activity, as well as with any other information that may be communicated to them. It is therefore essential that the Customer carefully follow all instructions given by the captain throughout the Activity. The captain is free to take any measure during the Activity, including modifying the planned itinerary, delaying or cancelling departure, or even terminating the Activity for any reason whatsoever, in particular in the event of unfavorable weather conditions, emergency situations, or any other unforeseen event compromising the safety of the Customers and/or the crew and/or the vessel. The captain’s decision is final and not subject to challenge, the Customer being required to comply with their instructions without reservation or objection.

In addition, it is the Customer’s responsibility to carefully follow all safety instructions provided before departure and during the Activity, and to behave in a prudent and responsible manner on board the vessel. In particular, the Customer shall refrain from smoking or vaping on board, and from drinking alcohol or using narcotics of any kind.

The instructions given by LES AMIS DES CALANQUES II shall also be scrupulously followed in the event of a swimming stop and, in this respect, it is specified that swimming in the sea is reserved for Customers aged at least ten (10), in good health, and able to swim perfectly. Swimming is carried out under the sole responsibility of the Customer or their parents or legal guardians, and will not be supervised by LES AMIS DES CALANQUES II. The latter reserves the right to cancel all or part of the swimming stop, which shall not, where applicable, give rise to any refund or reduction in favor of the Customer.

It is specified that, at any time during the Activity, LES AMIS DES CALANQUES II may decide on an early return to the dock, in particular for reasons related to the weather and the safety of passengers and crew. In such a case, the Customer may be refunded the difference in price between the Activity ordered and a shorter tour, in view of the distance covered.

By agreeing to take part in the maritime activity, the Customer thereby declares that they understand and accept these conditions and acknowledge that the captain and crew act in the interest of the safety and well-being of all passengers on board.

4. FINANCIAL CONDITIONS

4.1 Price of Tickets

The price of each Ticket, for each Activity route, is displayed on the Site. It is stated in euros, all taxes included.

Where the Customer holds supporting documentation entitling them to a reduced rate, they must nevertheless place the Order at the “full” rate, and may then obtain a refund at the dock upon presentation of the supporting documentation.

Any service other than the boat excursion itself may be subject to additional invoicing by LES AMIS DES CALANQUES II.

LES AMIS DES CALANQUES II reserves the right to change the price of Tickets at any time, it being understood that, in any event, the price of the Ticket paid by the Customer will be the one in force on the day of the Order. The applicable VAT is that in force on the date of the Order. Unless otherwise stated, the provision of Tickets in electronic form is free of charge.

4.2 Payment terms

4.2.1 Bank card

The Customer may pay for their Order by bank card or Chèque-Vacances Connect. The following cards are accepted: Carte Bleue, Visa, Mastercard, American Express (Amex), or Chèque-Vacances Connect.

The Customer will be redirected to the personalized payment page of LES AMIS DES CALANQUES II, on the website of its partner payment provider, the company VERIFONE via the PAYBOX product. Payment will be made in accordance with the general terms and conditions applicable to the payment provider’s secure payment service, available on its website.

4.2.2 Payment failure

In the event that the price cannot be debited, for any reason whatsoever, the Order will be automatically cancelled.

5. PROVISION OF TICKETS

Tickets are made available to the Customer, once the Order has been confirmed, by being sent to the email address provided when placing the Order. If the Tickets are not received, the Customer is invited to contact LES AMIS DES CALANQUES II.

6. NO RIGHT OF WITHDRAWAL – REFUND POLICY

6.1 No right of withdrawal

In accordance with the French Consumer Code, the Customer does not have a right of withdrawal. Once the Order has become final, it cannot be withdrawn.

6.2 Cancellations, delays, and refunds

Once the Order has been validated, Tickets are neither exchangeable nor refundable (except for the aforementioned insurance options, once these have been set up by LES AMIS DES CALANQUES II), and the Customer shall refrain from transferring them on any basis whatsoever.

Any Order paid for, even partially, using ANCV Chèques-Vacances Connect cannot give rise to any refund, for any reason whatsoever. In such a case, the booking may only be changed to another available time slot during the same season.

In the event of unfavorable weather, and in particular weather making the Activity impossible and/or dangerous, LES AMIS DES CALANQUES II reserves the right to cancel or delay the Activity. LES AMIS DES CALANQUES II remains the sole judge of whether or not the Activity can be carried out. In the event of cancellation, they will inform the Customer as soon as possible and will refund the Tickets by bank transfer. In the event of a delay, no compensation or refund will be made and the Activity will take place.

In the event of cancellation by LES AMIS DES CALANQUES II, for any reason whatsoever, no costs that the Customer may have personally incurred to attend the Activity will be borne by LES AMIS DES CALANQUES II (in particular, parking costs, travel costs, etc.).

It is specified that the Activity will only be carried out with a minimum of fifteen (15) passengers. If this number is not reached, LES AMIS DES CALANQUES II will inform the Customers and will refund the Order.

7. INTELLECTUAL PROPERTY

All rights, title, and interest in the intellectual property rights relating to the Tickets and to any element reproduced or mentioned therein are and shall remain the exclusive property of LES AMIS DES CALANQUES II or of third parties who have authorized LES AMIS DES CALANQUES II to exploit them, of which the Customer is aware.

The Terms grant the Customer no right, authorization, or interest in the intellectual and industrial property rights in the Tickets, on any basis whatsoever.

8. PERSONAL DATA

LES AMIS DES CALANQUES II undertakes to comply with all regulations and legislation relating to confidentiality and the personal data collected, and in particular Regulation (EU) No. 2016/679 of the European Parliament and of the Council of April 27, 2016, known as the “GDPR”, and French Law No. 78-17 of January 6, 1978, as amended, known as the “Loi Informatique et Libertés” (French Data Protection Act).

9. REGULATIONS – WARRANTIES – LIABILITY

LES AMIS DES CALANQUES II is a maritime transport company. As such, it undertakes to comply with all regulations applicable to it.

LES AMIS DES CALANQUES II undertakes, as part of a best-efforts obligation (obligation de moyens), to enable the Customers to carry out the Activity.

The Customer declares and warrants that they have full capacity to take part in the Activity.

To the fullest extent permitted by applicable law, LES AMIS DES CALANQUES II’s liability towards the Customer may only be sought in the event of a proven contractual breach committed in or in connection with the performance of these Terms. LES AMIS DES CALANQUES II may not be held liable for indirect damage suffered by the Customer.

In particular, LES AMIS DES CALANQUES II’s liability may not in any way be incurred in the event of:

• Dangerous, illegal, or fraudulent behavior by a Customer on the dock and/or on board;
• Failure to comply with the instructions of the captain and/or crew;
• Improper use of the safety equipment provided on board;
• Negligence or carelessness on the part of the Customer;
• Medical conditions not disclosed by the Customer and causing complications during the Activity.

10. FORCE MAJEURE

LES AMIS DES CALANQUES II may not be held liable for any failure to perform its contractual obligations as described in the Terms in the event of force majeure, as defined by applicable law. Events of force majeure suspend the performance of the obligations arising from the Terms for the entire duration of their existence. If the event of force majeure continues for a period of more than one (1) month, these Terms may be terminated automatically (de plein droit) under the conditions provided for by applicable law.

11. MISCELLANEOUS PROVISIONS

Subject to what is expressly provided for in the Terms, no modification or addition may be taken into account without a written and validly signed agreement.

The Terms are concluded intuitu personae. The rights and obligations arising therefrom may not under any circumstances be assigned or transferred by the Customer, on any basis whatsoever, without the prior written consent of LES AMIS DES CALANQUES II.

In the event that a competent court considers that a clause of the Terms is not compliant with the law, said clause shall be declared null and void, without this affecting the validity and effects of the Terms.

The failure of either party to invoke, at any given time, any of the provisions of the Terms shall not be interpreted in the future as a waiver of the rights it holds under these Terms.

12. APPLICABLE LAW – DISPUTES

Any Order placed under these Terms is governed by French law.

The parties declare their intention to seek an amicable solution to any difficulty that may arise regarding the validity, interpretation, or performance of the Terms. Within the limits permitted by law, in the event of persistent disagreement, the dispute will be submitted to the competent courts.

In accordance with Articles L. 612-1 et seq. of the French Consumer Code, the Customer has, before initiating any dispute before the courts, the right to refer the matter free of charge to a consumer mediator (ombudsman) with a view to the amicable resolution of any dispute between them and LES AMIS DES CALANQUES II. The Customer may refer the matter to the mediator chosen by LES AMIS DES CALANQUES II. They may contact LES AMIS DES CALANQUES II to obtain any information in this regard, in particular the contact details of said mediator.