Legal Notice - Alet Eau Vive

Editorial manager:

Home for Youth and Popular Education (FJEP) Section Alet Eau Vive

Tel: 33 (0)4 68 69 92 67

The Baths Alley

11580 Alet-les-Bains

Siret: 33365735100016

Siren: 333657351

EPA code: 9004Z

Legal Form: Association

Address Mail: aleteauvive@free.fr

Host:

Ovh

SAS with a capital of 10,069,020 euros

RCS Lille Metropole 424 761 419 00045 Code APE 2620Z VAT:

EN 22 424 761 419

Head office:

2 Kellermann Street

59100 Roubaix – France.

Mentions CNIL

The information collected on this form is stored in a computer file by Youth Home and Popular Education (FJEP) Section Alet Eau Vive for the management of your application. The legal basis for processing is the management of your application. The data collected will be communicated to the following recipients only: Youth Home and Popular Education (FJEP) Section Alet Eau Vive. The data is kept for one year. You can access data about yourself, correct it, request its erasure, or exercise your right to limit the processing of your data. (Depending on the legal basis of the treatment, also mention: You can withdraw your consent to the processing of your data at any time; You may also object to the processing of your data; You can also exercise your right to portability of your data). Visit the cnil.fr website for more information about your rights. To exercise these rights or for any questions about the processing of your data in this device, you can contact (if any, our data protection representative or the service responsible for the exercise of these rights):

Tel: 33 (0)4 68 69 92 67

ALET Eau Vive – Alley of the Baths – 11580 Alet-les-Bains

Address Mail: aleteauvive@free.fr

TERMS AND CONDITIONS OF SALES

TEACHING AND COACHING
Registration for the FJEP ALET Eau Vive association’s supervised services implies the outright acceptance of these terms and conditions by the policyholder, who undertakes to inform, in the event of registration of a group or several persons, each of the participants of all the terms and conditions.

Art. 1 – SPEAKERS
The association FJEP ALET Eau Vive offers the coaching and teaching of sports in nature. Raft, Live Water Swim, Kayak, Canoe with guide are supervised and provided by state-certified guides (B.E.E.S / D.E.J.E.P.S / B.P.J.E.P.S.) in their respective disciplines and meeting their legislative obligations (U.R.S.S.A.F, R.C.P, D.D.C.S.P.P. statement, professional cards). The Canoe Rental activity is not framed (see article 16).

Art. 2 – REGISTRATION AND BOOKING
All our activities are done by reservation, either online by filling out the booking form (http://www.aleteauvive.fr) or by contacting you directly at FJEP ALET Eau Vive by email at aleteauvive@free.fr, by phone on 04 68 69 92 67, at the reception of our establishments.

All bookings will be confirmed and effective upon receipt of a deposit.

Art. 3 – PRICE

The prices are presented on the website http://www.aleteauvive.fr and reception in euro TTC. Prices for Raft, Swim in Live Water, Kayak, Canoe with Guide include: equipment, coaching, insurance and shuttles from activity sites. Prices for the Canoe Rental activity include: equipment, shuttles from the practice site
All our equipment is inspected, checked, cleaned, disinfected and to the latest standards in force.

Art. 4 – PAYMENT METHOD
For coaching services, the regulation must be addressed (labelled) to the attention of the FJEP ALET Eau ViveAssociation, or to the instructor for canyoning or quad biking sessions, in its own name. This mention will be stipulated when booking.
Payment methods accepted: cheque, bank transfer, bank card (secure payment via the internet only) or cash.
We do not cash in by bank card at the counter.

Art. 5 – CONDITIONS OF PARTICIPATION
Our activities are open to all; however, depending on the activities and routes, certain conditions must be taken into account (age limit, swimming and immersion, technical level, physical condition, etc.). Routes, timetables, distances are given only as an indication. They are part of the current services served by us, but cannot in any way serve as a contractual basis.

Images from the http://www.aleteauvive.fr websiteare as loyal as possible but can differentiate with the service rendered. (Season, weather, water quality…). Photographs and illustrations are not a contractual document.
Minors must be accompanied by their legal guardians during the stay and activity.
FJEP ALET Eau Vive does not have the means to check the level of sports practice of its customers. It is therefore up to each participant to assess their physical fitness based on the activities they wish to carry out. To find out about these conditions, please refer to the technical fact sheets of the activities.
You must not be medically contraindicationed to the practice of the chosen activity.

IMPORTANT: You are not subject to a medical contraindication but you are dependent on special medical care or treatment (asthma, diabetes, etc.) or your health requires special attention (fragile joint, back problem, mandatory glasses, etc.), you will need to inform the monitor before the start of the activity and plan the appropriate emergency medications. , according to medical recommendations.

Art. 6 – INSURANCE AND LIABILITY
Each monitor/professional is insured in Professional Civil Responsibility for its own activities and for the costs incurred by a possible rescue operation.
We strongly advise each participant to be covered by liability insurance and/or an individual accident with the insurance of their choice for the practice of white water and/or mountain sports. Indeed, we cannot substitute ourselves for the individual civil liability of each participant.
The FJEP ALET Eau Vive is insured as civil liability with the MA-F for all activities Raft, Swim in Water Vive, Kayak, Canoe with guide that it proposes and its responsibility cannot be engaged for activities reserved with other providers for the activities Canyon, Quad.
In the event of a personal accident, the responsibility of the FJEP ALET Eau Vive and the intervening monitor is cleared as soon as the victim is taken care of by the competent emergency agencies, and any hospital follow-up will be the responsibility of the personal insurance of the accidente.
The practice of outdoor activities takes place in a specific environment known as “at risk.”
Each participant is aware, given the specific nature of the proposed activities, that they may be at risk, including remoteness, isolation and the specific nature of the environment. He assumes them with full knowledge of the facts and must comply with the rules of prudence and follow the advice given by professionals.
The participant/client is responsible for the equipment that was loaned to him for the activity. The professional cannot be held responsible for any damage caused by the equipment made available.
In the event of loss, theft or breakage, the reference value is the “Residual Value” defined as follows: replacement value by new equipment on the day of the claim according to the public supplier price minus a percentage of obsolescence equal to 10% per month and capped at 50%..
Professionals (monitors) and the FJEP ALET Eau Vive cannot be held responsible for the loss, theft (including in vehicles) or the breakage of objects (e.g. glasses, cameras…) that practitioners could take with them during the activity and which can sustain during the activity.

Art. 7 – CANCELLATION/INTERRUPTION DUE TO CUSTOMER
7.1 Cancellation from the customer
-Cancellation of a booking beyond 7 days: full refund of the down payment
-Cancellation of a reservation for less than or equal to 7 days: the deposit is kept
Force majeure: In case of out-of-time and under presentation of a proof, the FJEP ALET Eau Vive can reimburse the amount paid. In all cases, the customer agrees to notify the FJEP ALET Eau Vive of any notifications relating to the booking: organization of the program, change of staff, delay or cancellation.

7.2 – Interruption during performance
In the event of a disruption during the service, the customer or participant will not be entitled to any refund.

Art. 8 – ANNULATION / EXCLUSION OF FJEP ALET Water Live

8.1 – Cancellation

Some whitewater disciplines are dependent on EDF releases.
The instructors of the FJEP ALET Eau Vive and they alone reserve the right to cancel or adapt the outing according to the water releases, weather conditions, levels or sports skills of the participants.
The activity may be cancelled for security reasons or for any other case of major force. In this case, a replacement activity will be organized as far as possible or another date will be proposed to you. If the exit cannot be carried out, the benefit is fully reimbursed without being entitled to any other compensation.
In the case of a cancellation by us due to an insufficient number of participants, the registrants will be fully reimbursed and will not be entitled to any compensation.

8.2 – EXCLUSION

The instructors of the FJEP ALET Eau Vive reserve the right to exclude a participant who is intoxicated or whose behaviour is likely to disturb the smooth running of the activity or jeopardize the safety of the group. In this case, the customer or participant will not be entitled to any refund or compensation.

Art. 9 – RENDEZVOUS
An hour and a place of appointment are systematically communicated to you regardless of the service. For the smooth running of the activities and out of respect for the other participants and the professional who supervises you, please take notice of the roadmaps and other indications previously transmitted by us. Be sure to anticipate your journeys in a way that is punctual. We tolerate a delay of up to 15 minutes. After this time, the monitors go into operations and no refunds or compensation will be due.

Art. 10 – YOUTH SUPERVISION (MINORS):
Unaccompanied minors:
Minors under the age of 12 who are not accompanied by an adult (legal guardian) are not accepted in so-called “collective” activities.
Unaccompanied minors aged 12 to 18 may be accepted in so-called “collective” activities, subject to parental permission and under certain conditions (sports level, skill, etc.)
In this case a parental authorization will be signed by the legal representative on the day of the activity.
Minors in CVL / CLSH / School:
The organization organising the stay or outing must be able to provide the monitor and the structure FJEP ALET Eau Vive, for each participant (young and animator)
-a 25-metre swimming certificate and the ability to immerse yourself,
-the health record of each participant.
On the other hand, the FJEP ALET Eau Vive undertakes to provide the certificates and documents necessary for the organization of the stay/exit (DDCSPP clearance, insurance, diplomas of the supervisors, etc.).
The supervision of young minors is subject to a regulation that limits it to 8 young people and 1 facilitator (maximum). Each group of minors must be accompanied by 2 adults including a centre facilitator and the instructor overseeing the activity.

Art. 11 – RIGHT TO THE IMAGE
Photos of customers/participants can be taken during equipment and activities. Unless you expressly mention, you allow us to use these images for any purpose (commercial, advertising, cultural etc.), on any medium, and worldwide.

Art. 12 – MISCELLANEOUS

Any change in the existing legislation or regulations, or any decision by a competent court invalidating one or more clauses in the terms and conditions of sale, cannot affect the validity of the entirety of the terms of sale, all of which will remain in force and scope. Such an amendment or decision does not in any way authorize Customers to ignore these terms and conditions of sale.

The fact that the FJEP ALET Eau Vive does not avail itself, at any given time, of any of the clauses of the Contract, cannot be construed as a waiver to avail itself of it at a later date.

The terms and conditions of sale are searchable on the Site and can be changed at any time at the discretion of the FJEP ALET Eau Vive without any formality other than their online release, only the latest version will be applicable.

Art. 13 – DISPUTE RESOLUTION

The parties will endeavour to resolve amicably any difficulties that may arise in the performance of the contract. If no amicable agreement could be reached, all disputes relating to the validity, interpretation and enforcement of this agreement will be governed exclusively by the rules of French law.
All challenges, of any kind, will fall within the jurisdiction of the French civil and commercial courts, including ruling on the issue of referral.

Art. 14 – MEDIATION

In accordance with the Decree of 30 October 2015 on the mediation of consumer disputes, the contact details of the Travel Tourism Ombudsman are:

Travel Tourism Mediation

BP 80303 75823 PARIS CEDEX 17

After contacting the management of the FJEP ALET Eau Vive and in the absence of a satisfactory response or in the absence of a response within 60 days, the customer can contact the Tourism and Travel Ombudsman free of charge, whose terms and conditions are available on the website: www.mtv.travel .

Art. 15 – PROTECTION OF PERSONAL DATA

Tel: 33 (0)4 68 69 92 67

ALET Eau Vive – Alley of the Baths – 11580 Alet-les-Bains

Address Mail: aleteauvive@free.fr

Art. 16 – PRIVATE REGLES (Canoe Rental)

All canoe kayak rental services or bookings involve having fully read and adhering to the terms and conditions described below.

Canoe rentals are strictly prohibited for children under the age of 10 who are not accompanied by qualified instructors and for those who cannot swim.

Minors over the age of 10 are accompanied by a parent, legal representative or a graduate B.E.E.S. instructor (according to youth sports provision). The rental service includes the equipment and equipment necessary for the successful descent: boat, paddle, waterproof can, buoyancy aid, helmet, and in bad weather a neoprene garment and windbreaker, as well as the shuttle to the pier/landing area.

FJEP ALET Eau Vive organises the practice or teaching of canoeing in accordance with the technical and safety guarantees as specified by the decree of 4 May 1995.

Only people who are 18 years old are entitled to rent canoes. Minors over the age of 10 may use rented equipment on their own in the presence of a parent or legal representative. Children under the age of 10 are supervised by qualified instructors. Major practitioners or the legal representative for minors attest to their ability to swim at least 25 meters and to be able to immerse themselves or present a certificate issued by a qualified authority.

FJEP ALET Eau Vive reserves the right to cancel any service by refunding the customer or proposing a later date, in case of adverse weather or navigation conditions.

FJEP ALET Eau Vive undertakes to provide equipment in good navigational condition found jointly and in conflict with the tenant at the removal. The return of the equipment to the rental premises will be the responsibility of the tenant who is responsible for the said equipment as soon as it is in his possession, that is, as soon as he has custody of it. During restitution, a contradictory inventory will be made between the two parties.

Equipment

The equipment and equipment provided comply with current regulations and must be well maintained. The practitioners are individually equipped with a buoyancy aid, and a helmet that meets the requirements of Schedule 2 of the order of 4 May 1995. Once the EMBARCATION is on the water, buoyancy assistance and closed helmets are required at all times.

The canoes are rented to be used by up to 3 people.

The equipment is rented by name to the tenant and for its sole use. It cannot be sublet or loaned, even free of charge. All electronic devices (phones, cameras) as well as any objects that fear water must be protected by an adequate cover, the FJEP ALET Eau Vive disclaims any responsibility in case of deterioration, loss or theft, the can available remains a simple container, it does not constitute sufficient protection.

In the event of loss, theft or breakage, the reference value is the “Residual Value” defined as follows: replacement value by new equipment on the day of the claim according to the public supplier price minus a percentage of obsolescence equal to 10% per month and capped at 50%.

The rental balance is payable no later than the day the equipment is made available. Canoes are under the responsibility of the tenant.

Insurance

The FJEP ALET Eau Vive has taken out an insurance contract covering its civil liability, that of its attendants, practitioners and third parties for damages for which the FJEP ALET Eau Vive could be held liable. The renter recommends that the tenant ensure that he or she is covered by individual liability insurance for the activity.

Damage or accidents caused by their use as well as that of third parties will not be covered by ALET Eau Vive.

Use of the river

Swimming is prohibited in unauthorized or dangerous areas according to current regulations. The user is committed to respecting the signage put in place on the river. Pedestrian access is strictly prohibited on all buildings (spillways, bridges, slides, etc.).

The tenant generally undertakes to maintain good conduct throughout the descent. The tenant is committed to respecting the flora and fauna. In the presence of animals, fishermen, other boats or users, the tenant undertakes to make a gap and pass on the opposite bank in the utmost calm.
Before entering a slide, the tenant must check that the passage is free and must leave a safe distance between each crossing. In the event of special weather and hydrological conditions or changes in water level, of which he is the sole judge, the renter may without notice refuse the removal of the boats reserved by the tenant in exchange for reimbursement of the instalments paid.

Terms and conditions

The renter, namely the FJEP ALET Eau Vive, heresafter declares that it will transfer custody of the equipment made available to the tenant who has read and adheres unreservedly to the following terms and conditions:

The rental of the equipment is granted for a number of people per boat and a duration specified at the time of booking.

The rented equipment will be used for a calm Class I, II river descent and only in this setting.

Statements:

The tenant states:

Keep the entrusted equipment in good condition for the duration of the service, so as to make it in the same condition as when made available.
Commit to paying, in case of misuse or abnormal degradation of the equipment, the costs estimated by the repair shop of the renter.

Commit not to leave on the River Aude, its boat, vests, paddles and containers and to take charge of the reimbursement of lost or abandoned equipment as well as the costs of searching for said equipment.

The renter states that it has taken out an insurance contract covering its civil liability, that of its agents, practitioners and third parties for damages for which the FJEP ALET Eau Vive could be held liable.

The renter is not responsible for parked vehicles or objects entrusted to them. The renter does not guarantee the waterproofing of the loaned containers, which is conditional on the proper use of users.

The tenant agrees to be covered by liability insurance.

Co-contractors’ obligations:

The renter is committed to:

Not to rent boats to any single miner over 10 years of age unless accompanied by an adult.

To inform the tenant of all of his obligations described exactly above.

The tenant is committed to himself and possibly to all the participants he represents:

Let everyone know how to swim for 25 meters and be able to immerse themselves.

All the people he represents wear a closed buoyancy aid vest, a closed helmet and closed shoes throughout the navigation period.

To return to the renter in their original state, all the rented equipment.

To have entered into a valid private liability agreement on the day of the lease.

Not to have a physical contraindication to the practice of the activity proposed by ALET Eau Vive

Having become aware of the regulations in force on the route, the general conditions of rental made available to him by the renter.

The tenant forbids:

To sail with a child under the age of 10 or minimum age according to regulations and to submit to local administrative regulations.

To leave its rubbish on the course, as well as to park or disembark on the banks along the route.

Special conditions

The FJEP ALET Eau Vive is not responsible for the conditions under which the tenant uses his equipment. It informs the tenant of the specific conditions relating to the use of the nautical equipment which he acknowledges he has been informed of and undertakes to respect:

The use of the equipment by children under the age of 10 can only be used with a monitor.

The use of a canoe implies a certain mastery of navigation, the FJEP ALET Eau Vive reserves the right to prohibit the departure of any person he deems unable to complete the route.

Tenants travelling on unspeated or private routes will do so at their own risk and will not be covered by the FJEP ALET Eau Vive insurance and, as a result, will be considered solely responsible for their actions.

In the event of a delay in the provision of the rented equipment, the FJEP ALET Eau Vive cannot be held responsible for reasons beyond its control.

Special conditions for group rental of nautical equipment

In the case of renting for a group, the obligations contained in this contract are only against its signatory. The tenant undertakes to inform the members of the group that he represents the obligations contained in the contract.

The renter reserves the right to apply for a security deposit prior to taking possession of the equipment.