ARTICLE 1: Applications of the General Conditions of Sale
These conditions of sale are concluded on the one hand by the company SOCIÉTÉ MARITIME SANARIENNE, whose registered office is located in Port la Nouvelle, 159 rue Berthelot, registered with the trade register and companies of Montpellier under the number RCS Montpellier Hereinafter referred to as “SOCIÉTÉ MARITIME SANARIENNE” and, on the other hand, by any tourism professional or individual represented by a natural or legal person, hereinafter referred to as “the buyer”, wishing to place an order or reservation, for a “client” or for himself, via the website of “SOCIÉTÉ MARITIME SANARIENNE”.
These terms and conditions are also concluded by the same company SOCIÉTÉ MARITIME SANARIENNE called “SOCIÉTÉ MARITIME SANARIENNE” and secondly by any professional or individual represented by a natural or legal person, hereinafter referred to as “the buyer” , wishing to proceed with an order or reservation by mail or electronic mail, for a “customer” or for himself.
Therefore, the fact of booking, either through the website of SOCIÉTÉ MARITIME SANARIENNE, or by post or email, a cruise, implies the full and unreserved acceptance of the buyer and the customer to these Terms, to the exclusion of all other documents such as prospectuses, catalogs, website sent by the carrier SOCIÉTÉ MARITIME SANARIENNE and which are only indicative. No special condition may, except with formal written acceptance of the carrier SOCIÉTÉ MARITIME SANARIENNE, prevail against C.G.V. The fact that the carrier SOCIÉTÉ MARITIME SANARIENNE does not prevail, at this moment, of any one of the present C.G.V can not be interpreted as being worth renunciation to take advantage later of any one of these conditions.
SOCIÉTÉ MARITIME SANARIENNE reserves the right to modify its conditions of sale at any time. In this case, the conditions applicable will be those in force on the date of the order or reservation by the buyer or the customer.
ARTICLE 2 : Characteristics of the services offered
The services offered are those listed in the brochures published on the SOCIÉTÉ MARITIME SANARIENNE website and the “paper” brochures made available to professionals, individuals and customers in all our points of sale and all affiliated professionals.
These services are offered within the limits of available places.
The photographs of the brochures or the website are as faithful as possible but can not ensure a perfect similarity with the services offered, particularly as regards the colors and the exact angle of the shots.
ARTICLE 3 : Conditions of modification of a cruise
3.1- At the initiative of Société Maritime Sanarienne :
The customer can not claim any compensation:
• in case of a change of course motivated by unforeseen events or imperative circumstances of which the carrier SOCIÉTÉ MARITIME SANARIENNE is the only one able to appreciate, in particular to help a ship or a bather in difficulty, strikes, demonstrations, economic and which would be likely to affect the safety of customers.
• in the event of changes to the content of the programs that may occur depending on bad weather conditions.
3.2-At the initiative of the costumer :
Any trip interrupted or abridged, any modification of the initial reservation or any service not consumed by the customer, for any reason whatsoever, does not give rise to any refund.
ARTICLE 4 : Rates
The prices in the brochures and on the website of SOCIÉTÉ MARITIME SANARIENNE are prices inclusive of VAT taking into account the VAT applicable on the date of the order, any change in the rate may be reflected in the price of products or services. SOCIÉTÉ MARITIME SANARIENNE reserves the right to modify its prices at any time, it being understood however that the price appearing on the purchase order delivered to the buyer on the day of the order will be the only one applicable to the buyer. The prices quoted include the cost of order processing, return transportation, catering service if this is provided in the cruise ordered by the buyer. But do not include the snack / bar service which is a supplement.
If a quote was to be made for a particular professional buyer or customer, the price would be notified to them when sending the quote or when booking. This price would be the overall price of the service provided by the carrier SOCIÉTÉ MARITIME SANARIENNE.
ARTICLE 5 : The Rights and Obligations of the Carrier SOCIÉTÉ MARITIME SANARIENNE
5.1- The obligations of the carrier SOCIÉTÉ MARITIME SANARIENNE:
The carrier Société Maritime Sanaryenne who receives the booking for a customer via the buyer, undertakes to answer for any breach of any of these obligations which he is required to fulfill diligently, ensuring in particular the security client. He is responsible for the proper execution of the cruise, except for cases of force majeure, fortuitous events or acts of third parties, foreign to the provision of services provided for in the contract. He undertakes to arm the boat in a good state of airworthiness and to insure at his expense the boat and his crew against the risks of navigation.
5.2- Limitation of liability clauses:
The Société Maritime Sanaryenne carrier disclaims any liability for the loss, damage or theft of belongings to customers during the trip.
ARTICLE 6 : Rights and obligations of the costumer
The customer undertakes not to embark any additional person, no alcoholic beverages and not to carry any goods forbidden by law, in particular weapons and narcotics.
The client registered for a coastal or wholesale fishery is held responsible for the equipment assigned to him during the trip, which implies that in case of loss of the rod with his reel, he will be asked a deposit of 500 euros. To him to complete the necessary formalities with his insurance under the guarantee “Civil Liability”. If no compensation has been received by Société Maritime Sanaryenne within 3 months of the date of the incident, the deposit will be cashed.
ARTICLE 7 : Terms of booking and payment
7.1- Booking via the website:
The buyer who wants to buy a service (cruise) must:
• fill in the “customer information” form on which he will indicate all the requested details.
• fill out the booking form online by filling the number of customers according to the category and the chosen cruise.
• validate your reservation after checking it.
• request the payment of a deposit to the customer in the conditions provided on the booking coupon, printed by the buyer and given to the customer, which will serve as a booking confirmation and which must be submitted before boarding the customer aboard the CROSS SOUTH V, provided that the client has paid the amount due to SOUTH CROSS V before boarding. A ticket delivered by the buyer to the customer also takes place as confirmation of booking under certain conditions (partners authorized to sell cruises).
• Validation of the reservation entails acceptance of these conditions of sale, the acknowledgment of having perfect knowledge and waiver of its own reservation conditions or other conditions. All data provided and the validation recorded and printed will be worth proof of the transaction. The validation will be worth signing and acceptance of the operations carried out.
7.2- Reservation via postal mail:
After acceptance of the quote by the professional buyer (or individual) or a customer, the latter must comply with the payment conditions below:
• 50% as deposit, when booking
• Balance at boarding
7.3- Default of payment:
Failure to pay a due date mentioned above will automatically result in the cancellation of the service (cruise).
ARTICLE 8 : The cancellation conditions of a cruise
8.1-Cancellation at the initiative of the carrier Société Maritime Sanaryenne:
In case of insufficient number of customers, the realization of the cruise is subordinated to a minimum number of customers. If this minimum number is not reached at least 12 hours before departure, the cruise will be automatically canceled. The customer will get immediate refund of all the sums paid via the buyer who has taken reservation of the cruise, where the customer will postpone to a later day his cruise. The minimum number of customers depends on the type of cruise, in this case refer to the website in “general conditions”.
Exits may be canceled without notice for bad weather or technical problem. In this case the exit will be postponed or refunded in full.
8.2-Cancellation on the initiative of the buyer or the client:
In the event of cancellation by the purchaser or the customer not covered by his insurance, the carrier Société Maritime Sanaryenne will retain as a penalty against the buyer or the client, part of the sums already paid. The amount of the penalty will be determined according to the cancellation date of the trip:
• more than 3 months before departure: 25% of the price
• less than 3 months and more than 40 days before departure: 50% of the price
• less than 40 days before departure: 100% of the price
ARTICLE 9 : Warranty
The company Société Maritime Sanaryenne, in the online booking process, is held only by an obligation of means, its liability can not be incurred for damage resulting from the use of the Internet such as data loss, intrusion, virus, service breakdown, or other unintended problems.
ARTICLE 10 : Intellectual Property
All the elements of the site of Société Maritime Sanaryenne are and remain the intellectual and exclusive property of Société Maritime Sanaryenne. Nobody is authorized to reproduce, exploit, rebroadcast, or use for any reason whatsoever, even partially, elements of the site that they are software, visual or sound. Any single link or hypertext link is strictly prohibited without the express written consent of Société Maritime Sanaryenne.
ARTICLE 11 : Personal Data
In accordance with the law relating to computers, files and freedoms of January 6, 1978, the information of a personal nature relating to buyers may be subject to automated processing. Société Maritime Sanaryenne reserves the right to collect information about buyers and customers including by using cookies, and, if desired, to transmit to the business partners the information collected. Customers may object to the disclosure of their details by notifying Société Maritime Sanaryenne. Similarly, users have a right to access and rectify data concerning them, in accordance with the law of January 6, 1978 The automated processing of information, including the management of e-mail addresses of users of the site has been declared to the CNIL on March 10, 2008 registered under the number 1281857.
ARTICLE 12 : Archiving – Proof
Société Maritime Sanaryenne will archive the reservation coupons and invoices (professional) on a reliable and durable as a true copy in accordance with the provisions of Article 1348 of the Civil Code. The records of Société Maritime Sanaryenne will be considered by the parties as proof of communications, reservations, payments and transactions between the parties.
ARTICLE 13 : Dispute Resolution, Attribution of Jurisdiction Clause
These conditions of online reservations are subject to French law. Will be only competent in case of litigation of any kind or contestation relating to the formation or the execution of the reservation, the courts of MONTPELLIER. This clause applies even in the event of summary proceedings, incidental claims or multiple defendants and regardless of the method and terms of payment.