General Terms and Conditions of Sale – Individual Bookings – Hélios Hotel – Ile des Embiez
The provisions set out in these general terms and conditions of sale (hereinafter the “T&Cs“) apply to all direct sales (whether online, by telephone, by email or directly on site) by Société d’Aménagement et Hotelière de Bendor (SAHB, a French société par actions simplifiée (simplified company) with a share capital of €1,600,000.00, whose registered office is located at Ile des Embiez, Le Brusc, 83140 Six-Fours-les-Plages, France, registered in Toulon Trade and Companies Register under registration number 1998B00699) for the provision of hotel services on Ile des Embiez (hereinafter referred to as the “Services“) to its non-business customers (hereinafter referred to as the “Customers“). Any departure from these T&Cs must be expressly accepted in writing by SAHB.
Our general terms and conditions of sale comply with the provisions of Article R. 211-1 of the French Tourism Code (Code du Tourisme) and are valid from March 2021.
Bookings and cancellations
Direct bookings of the Services (hereinafter referred to as a “Booking“) are completed in compliance with the provisions of Articles L. 211-3, R. 211-4 and R. 211-6 of the French Tourism Code and Article 1369-11 of the French Civil Code (Code Civil).
Any Customer wishing to make a Booking for a Service must first read and accept in full all provisions of the T&Cs in force at the time of the Booking. Customers may save and print out the T&Cs using the standard features of their browser or their computer, tablet or smartphone.
Children aged 13 and over are treated as adults. Any person aged 13 or over must be included in the “nombre d’adultes” (number of adults) field during the Booking process.
The total amount, including any extras, must be paid in full by debit or credit card at the time of the Booking. The Customer’s account will be debited in euros.
ANCV holiday vouchers (in paper or electronic format) are accepted.
The provisions of Article L. 121-21 et seq. of the French Consumer Code (Code de la Consommation) providing for a cancellation right do not apply to accommodation services.
Once a Booking has been confirmed in accordance with the provisions of Clauses 1 and 2 of the T&Cs, the following fees will be charged for any partial or total cancellation of the Service:
For public rates (excluding special offers):
– For any cancellation 3 or more days before the arrival date, no cancellation fee.
– For any cancellation 2 days before the arrival date, 50% of the Booking will be charged and will not be refunded.
– For any cancellation 1 day before the arrival date, 100% of the Booking will be charged and will not be refunded.
– After 11:30 p.m. on the day of arrival or in the event of a no show, 100% of the Booking will be charged and will not be refunded.
If the Customer paid for all or part of a cancelled Booking online and is entitled to a refund, the relevant amount will be returned after deducting the cancellation fee (except for non-refundable offers with no right to cancel).
SAHB will only process cancellation requests submitted by the Customer, either online or by email, to be sent to reservation@les-embiez.com only.
Special offers
For any Bookings made without any right to cancel or change the Booking, the Customer must pay the total amount of the stay at the time of the Booking. That amount will not be refunded for any reason whatsoever (cancellation, date changes, no show or early departure etc.).
Partial cancellation by the Customer after arrival
SAHB will not refund any amount of a Booking if the Customer leaves early, for any reason whatsoever.
Cancellation by SAHB
If a Booking is cancelled by SAHB, without any equivalent alternative solution being proposed, all sums paid by the Customer will be promptly refunded.
Debit or credit card payments
Payments must be made using one of the accepted cards listed below, via our secure web pages. The Customer’s card details will be encrypted using the SSL (Secured Socket Layer) protocol, enabling up to 128-bit encryption. The Customer’s card details will never be transferred over the Internet without being encrypted.
– Visa
– MasterCard
– American Express
By providing a card number orally or in writing, the Customer is deemed to consent to a debit of the amount agreed at the time of the Booking, in the same way as for a payment by cheque. SAHB is authorised to use a payment terminal to debit the relevant amount from the debit or credit card (VISA, EUROCARD, MASTERCARD, AMERICAN EXPRESS, MASTER, MAESTRO, VPAY), in order to remotely collect the deposit or the entire amount payable for a Booking in accordance with the payment terms approved at the time of the Booking.
Any extras (bar or telephone charges etc.) that are not expressly included in the rates will be invoiced on top and must be paid directly at the hotel.
Services included for all direct Bookings
The following is included in each Booking:
– Accommodation, in the type of room selected,
– Breakfast,
– One return foot passenger ticket on the Le Brusc-Embiez boat (arrival/departure) per person, excluding vehicles – Your boarding tickets will be emailed to you before your arrival date,
– Access to the HélioSpa wellness area (indoor heated swimming pool, outdoor solarium with sunbeds and fitness area). Treatments and access to the relaxation area may be booked in advance, for an extra charge,
– Unlimited high-speed WiFi,
– VAT.
Our rates do not include the mandatory tourist tax, charged per person and per day. The amount of this tax is set by the local council and changes from one year to the next.
Arrival and departure
Rooms are not available before 4 p.m. on the arrival date and must be vacated by 10 a.m. on the day of departure. A late check-out charge of one extra night will apply for any room that is not vacated before 10 a.m.
A luggage storage facility is available, for Customers wishing to make the most of their last day on the island.
Room occupancy
The Customer undertakes to use the room in a reasonable, prudent manner. SAHB may ask any Customer acting immorally or in a disorderly manner to leave the hotel immediately and may terminate the Service for breach by the Customer. If the Customer has not already paid the full amount of the Service, this must be paid before departure. Each room is designed for a specific number of occupants and the maximum room occupancy must not be exceeded in any circumstances whatsoever. Any young child will be treated as one full occupant for maximum room occupancy purposes. We reserve the right to deny access to the room to groups or families exceeding the maximum room occupancy of the booked room.
Pets
Pets are allowed (except for category 1 and 2 pets, which are not accepted), for a fee of €10 per night and per pet (maximum of 2 pets per accommodation unit). They must be declared at the time of the Booking. They must not disturb the peace, pose a danger to other customers or dirty or damage the facilities. Accordingly, they must always be kept on a lead whenever they leave the rooms. However, they are not allowed in the dining areas. SAHB reserves the right to ask the Customer to leave, with the pet, if the above requirements are not met.
Damage
The equipment and facilities at the Hotel and on the Ile des Embiez must be used for their intended purpose. Any person causing any damage to or the loss or destruction of any movable property will be liable for the foregoing, by operation of law. Customers are personally liable for any harm, loss or damage caused to the Hotel or any facilities on Ile des Embiez by the Customer directly or any persons staying with or visiting the Customer.
The Customer must inform staff of any damage and undertakes to bear the cost of any repairs.
Force majeure
SAHB may be released from its obligations or suspend the performance of its obligations if it is unable to fulfil them due to the occurrence of a force majeure event. For the purposes hereof, force majeure means any external event beyond SAHB’s control that is both unforeseeable and unavoidable, preventing the provision of the Services.
If a force majeure event occurs, SAHB reserves the right to arrange accommodation for its Customers, in whole or in part, at another SAHB site or in a nearby hotel of an equivalent standing, for similar services. SAHB will bear the costs incurred for the transfer and no additional compensation may be claimed.
Liability
SAHB is liable for the proper performance of all obligations arising from the contract but may not be held liable for any non-performance or improper performance of the Services attributable to the Customer, any unforeseeable, unavoidable act of a third party unconnected to the provision of the Services or a force majeure event, as defined in Article 1218 of the French Civil Code.
SAHB disclaims all liability, subject to any statutory liability, for any:
– Theft, loss or damage of any kind whatsoever, during or following a Customer’s stay.
– Technical equipment that breaks down or is out of order or any facilities that do not work or are closed.
– Damage caused or sustained by residents’ vehicles parked and used on the island.
Insurance
SAHB has taken out civil and professional liability insurance with Groupama Méditerranée, under policy number 43 028 809 Z 0017-0018, covering, in particular, the financial consequences it may bear for any physical injury or property or non-property damage caused to the Customer, the Partners or third parties by any wrongdoing, errors of fact or law, omissions or negligence in its operations.
Children
The SAHB hotels do not form part of a Holiday and Leisure Centre, as defined in French Decree No. 2002-883 of 3 May 2002 and are not suitable for group or individual holidays outside the family home for children under the age of 18, unaccompanied by their legal guardians. SAHB reserves the right to deny access to the Hotels to any children under the age of 18 who are not accompanied by their legal guardians when they arrive at the reception desk to collect their keys and to cancel their Booking immediately. SAHB may also cancel the Booking before or at the start of the Services, if it becomes aware that the Booking is for children under the age of 18 who are not accompanied by their legal guardians.
Disturbances and nuisance
The Customer is liable for any disturbance or nuisance caused by the Customer directly or by any persons staying in the Customer’s room or visiting the Customer. If a Customer disturbs or causes nuisance to other customers or undermines the integrity of the facilities, SAHB reserves the right to terminate the Service with immediate effect and without any compensation.
Complaints
Any complaints relating to the conditions of the Service should be reported immediately, to the hotel reception team, for an immediate solution.
Any complaints to be lodged after leaving the hotel should be sent by registered post with acknowledgement of receipt to our registered office: SAHB, Ile des Embiez, 83140 Six Fours Les Plages or by email to the bookings team: reservation@les-embiez.com, within one (1) month of the end of the stay, stating the relevant booking number.
If the Customer is not satisfied with the response given by the customer services team, the Customer may contact the Tourism and Travel Ombudsman at: MTV Médiation Tourisme Voyage, BP 80303, 75823 Paris Cedex 17 or info@mtv.travel. Further information is available at: http://mtv.travel
Governing law and jurisdiction
These T&Cs are governed by French law. All disputes will be subject to the exclusive jurisdiction of the Toulon Commercial Court.
General Terms and Conditions of Sale – Apartments – Ile des Embiez
The provisions set out in these general terms and conditions of sale (hereinafter the “T&Cs“) apply to all direct sales (whether online, by telephone, by email or directly on site) by Société d’Aménagement et Hotelière de Bendor (SAHB, a French société par actions simplifiée (simplified company) with a share capital of €1,600,000.00, whose registered office is located at Ile des Embiez, Le Brusc, 83140 Six-Fours-les-Plages, France, registered in Toulon Trade and Companies Register under registration number 1998B00699) for the provision of hotel services on Ile des Embiez (hereinafter referred to as the “Services“) to its non-business customers (hereinafter referred to as the “Customers“). Any departure from these T&Cs must be expressly accepted in writing by SAHB.
Our general terms and conditions of sale comply with the provisions of Article R. 211-1 of the French Tourism Code (Code du Tourisme) and are valid from March 2021.
Bookings
Direct bookings of the Services (hereinafter referred to as a “Booking“) are completed in compliance with the provisions of Articles L. 211-3-1, R. 211-4 and R. 211-6 of the French Tourism Code and Article 1369-11 of the French Civil Code (Code Civil).
Any definitive acceptance of a Booking by SAHB is conditional on the payment of the total amount of the stay as stated in the “Payment and cancellations” clause of the T&Cs. The Rental is defined at the time of the Booking and cannot be changed without the prior written consent of SAHB.
The Booking will only be processed by the Parties if all provisions of the T&Cs in force at the time of the Booking have first been read and accepted in full. Customers may save and print out the T&Cs using the standard features of their browser or their computer, tablet or smartphone.
Payment and cancellations
The total amount, including any extras, must be paid in full by debit or credit card at the time of the Booking. The Customer’s account will be debited in euros.
ANCV holiday vouchers (in paper or electronic format) are accepted.
The provisions of Article L. 121-21 et seq. of the French Consumer Code (Code de la Consommation) providing for a cancellation right do not apply to accommodation services.
Once a Booking has been confirmed in accordance with the provisions of Clauses 1 and 2 of the T&Cs, the following fees will be charged for any partial or total cancellation of the Service:
For public rates (excluding special offers):
– For any cancellation 4 or more days before the arrival date, no cancellation fee.
– For any cancellation 3 days before the arrival date, 50% of the Booking will be charged and will not be refunded.
– For any cancellation 1 day before the arrival date, 100% of the Booking will be charged and will not be refunded.
– After 11:30 p.m. on the day of arrival or in the event of a no show, 100% of the Booking will be charged and will not be refunded.
If the Customer paid for a cancelled Booking online and is entitled to a refund, all or part of the relevant amount will be returned after deducting the cancellation fee (except for non-refundable offers with no right to cancel).
SAHB will only process cancellation requests submitted by the Customer, either online or by email, to be sent to reservation@les-embiez.com only.
Special offers
For any Bookings made without any right to cancel or change the Booking, the Customer must pay the total amount of the stay at the time of the Booking. That amount will not be refunded for any reason whatsoever (cancellation, date changes, no show or early departure etc.).
Partial cancellation by the Customer after arrival
SAHB will not refund any amount of a Booking if the Customer leaves early, for any reason whatsoever.
Cancellation by SAHB
If a Booking is cancelled by SAHB, without any equivalent alternative solution being proposed, all sums paid by the Customer will be promptly refunded.
Debit or credit card payments
Payments must be made using one of the accepted cards listed below, via our secure web pages. The Customer’s card details will be encrypted using the SSL (Secured Socket Layer) protocol, enabling up to 128-bit encryption. The Customer’s card details will never be transferred over the Internet without being encrypted.
– Visa
– MasterCard
– American Express
By providing a card number orally or in writing, the Customer is deemed to consent to a debit of the amount agreed at the time of the Booking, in the same way as for a payment by cheque. SAHB is authorised to use a payment terminal to debit the relevant amount from the debit or credit card (VISA, EUROCARD, MASTERCARD, AMERICAN EXPRESS, MASTER, MAESTRO, VPAY), in order to remotely collect the deposit or the entire amount payable for a Booking in accordance with the payment terms approved at the time of the Booking.
Any extras (bar or telephone charges etc.) that are not expressly included in the rates must be paid directly on site. If the extras are not paid as above, the corresponding invoice will be sent to the Customer, who undertakes to pay it.
Services included for all Bookings
The following is included in each Booking:
– Rental of the accommodation with its equipment,
– One return foot passenger ticket on the Le Brusc-Embiez boat (arrival/departure) per person, excluding vehicles – Your boarding tickets will be emailed to you before your arrival date,
– Bed linen and towels, a cleaning pack and cleaning at the end of your holiday (except for the kitchen),
– Unlimited high-speed WiFi,
– VAT.
Our rates do not include the mandatory tourist tax, charged per person and per day. The amount of this tax is set by the local council and changes from one year to the next.
Deposit
On arrival at the reception desk, a pre-authorisation of five hundred euros (€500) will be charged to the Customer’s debit or credit card as a deposit, which is not actually debited from the account. The pre-authorisation will be cancelled within no more than seven (7) days of the end of the holiday, after checking the condition of the rental against the schedule of condition prepared on the arrival date. The replacement value of any damage or missing items not recorded in the initial schedule of condition will be charged to the debit or credit card. Please note than bank account details are not saved or retained in our records for more than seven (7) days after the date of departure.
Arrival and departure
The keys will be available at the reception desk of the Hélios Hotel from 5 p.m. on the arrival date and must be handed back in by 10 a.m. on the day of departure.
Apartment occupancy
The Customer undertakes to use the apartments in a reasonable, prudent manner. SAHB may ask any Customer acting immorally or in a disorderly manner to leave the site immediately and may terminate the Service for breach by the Customer. If the Customer has not already paid the full amount of the Service, this must be paid before departure.
Each apartment is designed for a specific number of occupants and the maximum rental occupancy must not be exceeded in any circumstances whatsoever. Any young child will be treated as one full occupant for maximum room occupancy purposes. We reserve the right to deny access to the apartment to groups or families exceeding the maximum rental occupancy of the booked apartment.
Pets
Pets are allowed (except for category 1 and 2 pets, which are not accepted), for a fee of €10 per night and per pet (maximum of 2 pets per accommodation unit). They must be declared at the time of the Booking. They must not disturb the peace, pose a danger to other customers or dirty or damage the facilities. Accordingly, they must always be kept on a lead whenever they leave the apartments. SAHB reserves the right to ask the Customer to leave, with the pet, if the above requirements are not met.
Damage
The equipment and facilities of the apartments and on the Ile des Embiez must be used for their intended purpose. Any person causing any damage to or the loss or destruction of any movable property will be liable for the foregoing, by operation of law. Customers are personally liable for any harm, loss or damage caused to the apartment or any facilities on Ile des Embiez by the Customer directly or any persons staying with or visiting the Customer. The Customer must inform staff of any damage and undertakes to bear the cost of any repairs.
Force majeure
SAHB may be released from its obligations or suspend the performance of its obligations if it is unable to fulfil them due to the occurrence of a force majeure event. For the purposes hereof, force majeure means any external event beyond SAHB’s control that is both unforeseeable and unavoidable, preventing the provision of the Services.
If a force majeure event occurs, SAHB reserves the right to arrange accommodation for its Customers, in whole or in part, at another SAHB site or in a nearby hotel of an equivalent standing, for similar services. SAHB will bear the costs incurred for the transfer and no additional compensation may be claimed.
Liability
SAHB is liable for the proper performance of all obligations arising from the contract but may not be held liable for any non-performance or improper performance of the Services attributable to the Customer, any unforeseeable, unavoidable act of a third party unconnected to the provision of the Services or a force majeure event, as defined in Article 1218 of the French Civil Code.
SAHB disclaims all liability, subject to any statutory liability, for any:
– Theft, loss or damage of any kind whatsoever, during or following a Customer’s stay.
– Technical equipment that breaks down or is out of order or any facilities that do not work or are closed.
– Damage caused or sustained by residents’ vehicles parked and used on the island.
Insurance
SAHB has taken out civil and professional liability insurance with Groupama Méditerranée, under policy number 43 028 809 Z 0017-0018, covering, in particular, the financial consequences it may bear for any physical injury or property or non-property damage caused to the Customer, the Partners or third parties by any wrongdoing, errors of fact or law, omissions or negligence in its operations.
Children
The SAHB apartments do not form part of a Holiday and Leisure Centre, as defined in French Decree No. 2002-883 of 3 May 2002 and are not suitable for group or individual holidays outside the family home for children under the age of 18, unaccompanied by their legal guardians. SAHB reserves the right to deny access to the apartments to any children under the age of 18 who are not accompanied by their legal guardians when they arrive at the reception desk to collect their keys and to cancel their Booking immediately. SAHB may also cancel the Booking before or at the start of the Services, if it becomes aware that the Booking is for children under the age of 18 who are not accompanied by their legal guardians.
Disturbances and nuisance
The Customer is liable for any disturbance or nuisance caused by the Customer directly or by any persons staying in the Customer’s apartment or visiting the Customer. If a Customer disturbs or causes nuisance to other customers or undermines the integrity of the facilities, SAHB reserves the right to terminate the Service with immediate effect and without any compensation.
Complaints
Any complaints relating to the conditions of the Service should be reported immediately, to the reception team, for an immediate solution.
Any complaints to be lodged after leaving the hotel should be sent by registered post with acknowledgement of receipt to our registered office: SAHB, Ile des Embiez, 83140 Six Fours Les Plages or by email to the bookings team: reservation@les-embiez.com, within one month of the end of the stay, stating the relevant booking number.
If the Customer is not satisfied with the response given by the customer services team, the Customer may contact the Tourism and Travel Ombudsman at: MTV Médiation Tourisme Voyage, BP 80303, 75823 Paris Cedex 17 or info@mtv.travel. Further information is available at: http://mtv.travel
Governing law and jurisdiction
These T&Cs are governed by French law. All disputes will be subject to the exclusive jurisdiction of the Toulon Commercial Court.
Reproduction of the articles of the French Tourism Code
R.211-3: Subject to the exclusions in the third and fourth paragraphs of Article L. 211-7, any offers and sales of travel and holiday services are subject to the provision of appropriate documents that meet the rules defined by this section.
In case of sale of airline tickets or travel tickets on a regular line not accompanied by services related thereto, the seller delivers to the purchaser one or several tickets for the entire trip, issued by the carrier or under its liability. In the case of transport on request, the name and address of the carrier, for whom the tickets are issued, must be mentioned.
Separate billing of various elements of a package does not release the seller from the obligations placed upon it by the regulatory provisions of this section
R.211-3- 1: The exchange of pre-contractual information or the provision of contractual terms are done in writing. They may be done electronically in accordance with the conditions of validity and exercising provided for in articles 1369-1 to 1369-11 of the Civil Code. The name or business name and address of the seller and the indication of its registration in the register mentioned in “a” of section L. 141-3 are mentioned or, if appropriate, name, address and the indication of the registration of the federation or union mentioned in the second paragraph of Article R. 211-2.
R211-4: Prior to the conclusion of the contract, the seller must communicate to the consumer the information on prices, dates and other aspects of the services provided during the trip or stay such as :
1° The destination, the means, characteristics and categories of transport used ;
2° The type of accommodation, the situation, its comfort and its main characteristics, its certification and tourist classification corresponding to the regulations or customs of the host country ;
3° The meals provided;
4° The description of the itinerary in the case of a circuit;
5° The administrative and health formalities required by national or by nationals of another Member State of the European Union or a State party to the Agreement on the European Economic Area in the event, especially, border crossing and their deadline for completion;
6° Visits, excursions and other services included in the package or others available at an additional price;
7° The minimum or maximum group size for the journey or stay, and, if the journey or stay is subject to a minimum number of participants, date consumer information limit in the event of cancellation of the trip or stay ; this date can not be set at less than twenty-one days before departure ;
8° The amount or percentage of the price to be paid as a deposit on signing the contract and schedule of the payment of the balance ;
9° The price review procedures as specified in the contract pursuant to Article R. 211-8 ;
10° Contractual cancellation conditions ;
11° Cancellation defined in Articles R. 211-9, R. 211-10 and R. 211-11 ;
12° The information concerning the optional subscription of an insurance policy covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, including repatriation in case of accident or illness ;
13° When the contract includes air transport services, the information, for each flight segment, under section R. 211-15 to R. 211-18.
R211-5: Prior information given to the consumer binds the seller, unless within it the vendor expressly reserves the right to modify certain elements. The seller must, in this case, clear to what extent these changes may occur and on what elements.In any case, changes to the prior information must be communicated to the consumer before the contract is concluded.
R211-6: The contract between the seller and the purchaser must be written, in duplicate, one of which is delivered to the buyer, and signed by both parties. When the contract is concluded by electronic means, is made pursuant to Articles 1369-1 to 1369-11 of the civil code. The contract must include the following clauses:
1° The name and address of the seller, its guarantor and insurer and the name and address of the organizer ;
2° The destination or destinations of the trip and, in case of a holiday, the different periods and dates ;
3° The means, characteristics and categories of transport used, dates and places of departure and return ;
4° The type of accommodation, the situation, its comfort and its main features and tourist classification under the regulations or customs of the host country ;
5° The meals provided ;
6° The itinerary in the case of a tour ;
7° Visits, excursions or other services included in the total price of the trip or stay ;
8° The total price of services invoiced and the indication of any possible revision of this invoicing under the provisions of Article R. 211-8;
9° The indication, if there occurs, charges or fees for certain services such as landing taxes, of landing and boarding at ports and airports, tourist taxes when not included in the price of the service or services provided;
10° The timetable and terms of payment of the price ; the last payment made by the purchaser may not be less than 30 % the price of the trip or stay and must be made upon delivery of the documents enabling the trip or stay ;
11° The special conditions requested by the buyer and accepted by the seller ;
12° The manner in which the purchaser may submit a complaint to the seller for breach or improper performance of the contract, the complaint must be addressed as soon as possible, by any means capable of producing a receipt to the seller, and, if appropriate, notified in writing, the concerned organizer of the trip and service provider ;
13° The deadline for informing the buyer in case of cancellation of the trip or stay by the seller if the journey or stay is subject to a minimum number of participants, in accordance with Article 7 of R. 211-4 ;
14° Contractual cancellation conditions ;
15° The cancellation policy provided for in Articles R. 211-9, R. 211-10 and R. 211-11 ;
16° Details of the risks covered and the amounts guaranteed under the insurance contract covering the consequences of professional civil liability of the seller ;
17° Information concerning the insurance policy covering the consequences of certain cases of cancellation subscribed by the buyer (policy number and name of insurer) as well as those regarding the assistance contract covering certain specific risks, including repatriation in case of accident or illness; in this case, the seller must give the buyer a document specifying at least the risks covered and the risks excluded ;
18° The deadline for informing the seller in case of transfer of the contract by the buyer ;
19° The commitment to provide the buyer, at least ten days prior to scheduled departure, the following information :
a) A) Name, address and telephone number of the seller’s local representative or, failing, names, addresses and telephone numbers of local organizations likely to help the consumer in case of difficulty or, failing, the telephone number to establish urgently a contact with the seller;
b) B) For travel and stays of minors abroad, a phone number and address to establish direct contact with the child or the person’s place of residence;
20° The clause of cancellation and refund without penalties of the sums paid by the buyer in case of non-compliance with the disclosure requirement under Article 13 of R. 211-4 ;
21° The commitment to provide the buyer, in due time before the start of the trip or stay, the times of departure and arrival.
General Terms and Conditions of Sale and Carriage
Preambule
In its capacity as shipowner, SOCIETE PAUL RICARD provides sea links within the framework of the present General Terms and Conditions of Sale and Carriage.
SOCIETE PAUL RICARD is a limited liability company (SA) with a Board of Directors and Supervisory Board, with capital of €24,574,512, registered in the Toulon Trade and Companies Register under registration number 629 501 537, whose head office is located at Ile des Embiez, Le Brusc, 83140 SIX-FOURS-LES-PLAGES, FRANCE.
Carriage on all of SOCIETE PAUL RICARD’s vessels is subject to the French Transport Code and in particular to articles L.5421-1 et seq. of the French Transport Code and more generally to these general terms and conditions.
By agreeing to travel on SOCIETE PAUL RICARD’s vessels and to purchase tickets to make a journey or shipment, the passengers or shippers accepts these terms and conditions without reservation in their own name and in the name of their heirs or assigns. Such acceptance shall also apply to any person travelling with the passengers, including children and any person travelling under the protection, care or control of the passengers, and their insurers.
Embarkation implies the automatic application of all of SOCIETE PAUL RICARD’s terms of carriage, including in particular, the tariff conditions.
The provisions of the present general terms and conditions of carriage apply if a replacement vessel is chartered by SOCIETE PAUL RICARD from another shipowner.
SOCIETE PAUL RICARD is hereinafter referred to as the “Carrier”.
Schedules
The Carrier shall not be liable for changes in routes and/or schedules, or for diversions, service interruptions or in particular for cancellations or delays in the performance of the transport contract, or for the consequences of non-performance of said contract that may result from damage, unfavourable weather conditions, civil or foreign wars, total or partial strikes, coalitions of employers, workers, officers and sailors, or employees of any kind, whether or not they are working for SOCIETE PAUL RICARD.
SOCIETE PAUL RICARD accepts no liability for the consequences of any such irregularities, interruptions or suspension of service. The costs and risks of transport, and the consequences and damage resulting from these events will remain payable by the passengers. Any change of schedule or cancellation of departure that is the consequence of events not attributable to the Carrier (due to force majeure or fortuitous events etc.) shall result in termination of the contract without compensation on either side.
Fares and control
Passengers and shippers must be in possession of a valid ticket in order to board or load. Holders of multi-pass tickets must be in possession of the corresponding non-transferable season ticket. Failure to present a season ticket in a timely manner does not authorise access to the vessel without payment of a unit ticket.
Beneficiaries of special fares must provide proof of their reduction or their season ticket spontaneously, both when purchasing tickets and at the time of boarding control. There shall be no right of recourse against SOCIETE PAUL RICARD if a delay is caused in order to comply with the fare, due to failure to provide proof of a reduction, which prevents the passenger concerned from boarding within the time limit of the stop.
Tickets are free for children under four years of age. Nevertheless, they must have a ticket to enable passengers to be counted when boarding.
If a passenger does not present a valid ticket or a valid season ticket during a control, they will be refused access to the vessel or must pay the full price of the journey.
The fares are specified in the tariff conditions available for consultation from SOCIETE PAUL RICARD, in particular on its website www.lesilespaulricard.com.
Payment of tickets
Tickets can be purchased online on the website of SOCIETE PAUL RICARD at www.lesilespaulricard.com, at ticket machines or at ticket offices.
On SOCIETE PAUL RICARD’s website, payment for tickets is made online by bank card via a secure payment system.
At the ticket offices, payment is accepted in cash, by bank card, cheque or holiday voucher.
Tickets can be sold for immediate departure on the day of travel but do not guarantee a place on board the vessel. Places are limited and are allocated to passengers on a first-come, first-served basis.
Ticket office transactions
Tickets and change given at the ticket offices must be checked by the passenger before leaving the ticket office. No claim concerning the conformity of the ticket issued or the amount of change given will be accepted later.
Passengers benefiting from reductions must claim them before purchasing tickets and must systematically provide proof of their reduction both at the time of purchase and when boarding or in the event of a control. No modification or refund will be possible once the journey has been completed.
Duplicates
No duplicates of passenger tickets will be issued regardless of the grounds for the request. In the event of loss, theft or any other similar event, the passenger must purchase a new ticket.
Terms of payment for account holders
Our invoices are payable on receipt. Failure to comply with this condition shall automatically and without the need for any reminder, result in the application of late payment interest corresponding to three times the legal interest rate, these penalties being payable automatically without prior formal notice. These penalties are calculated on all outstanding amounts including tax, and accrue from the due date of the price until full payment of it. Business passengers must also pay lump-sum compensation of €40 for recovery costs. This is without prejudice to any compensation due under the conditions of ordinary law, for any other damage resulting directly from the late payment.
Modification – Cancellation of the carriage of passengers and vehicles
Tickets are valid for the whole of the current calendar year according to the dates of operation of the lines concerned. Tickets for the Sanary-Les Embiez line are only valid during the summer opening period of the line (2 months).
Tickets cannot be cancelled or modified for any reason whatsoever. Tickets cannot be refunded or exchanged.
Special conditions for vehicles
Vehicles are accepted on board the vessel at the Carrier’s discretion within the limits of the vessel’s loading possibilities (weight, length, width), shipping conditions and compliance with road transport regulations (roadworthiness test, insurance, loading capacity, etc.).
In addition to buying a ticket, drivers must book their place on the ship with SOCIETE PAUL RICARD. Access to the vessel cannot be guaranteed without a booking.
Drivers can modify their ticket up to a limit of at least 24 hours before the date originally planned. The modification will be made according to the remaining places, and SOCIETE PAUL RICARD cannot guarantee their availability.
SOCIETE PAUL RICARD reserves the right to accept the boarding of vehicles according to its capacity and the shape of the vehicle. Drivers cannot on any account hold SOCIETE PAUL RICARD liable in the event of denied boarding or damage caused to the vehicle during boarding, the journey and/or disembarkation of the vehicle. The driver shall alone be fully liable.
Boarding – Disembarkation
Drivers of vehicles boarding waive all rights to priority boarding if they arrive for boarding after the time limit (i.e. 30 minutes before departure for a vehicle and 20 minutes for passengers), and renounce any action against the Carrier on this account. Vehicle drivers must embark and disembark their vehicle. In the event of any interruption of boarding or disembarkation by a vehicle whose driver is absent, resulting in a delay of the vessel, the driver or owner of the vehicle concerned shall be liable for all of the consequences of the delay.
Safety on board
Passengers are subject to discipline on board under the authority of the ship’s captain. As such, passengers must comply with all regulations and appropriate instructions drawn up or provided by SOCIETE PAUL RICARD for embarking or disembarking.
SOCIETE PAUL RICARD reserves the right to carry out checks on bags and/or passengers before boarding within the framework of the regulations in force.
SOCIETE PAUL RICARD, through its staff, in particular the ship’s captain, may refuse access on board a ship to a passenger whose attitude or behaviour is incompatible with respect for the safety of the other passengers or the ship, or is likely to harm public order. No refund or exchange of tickets will then be possible. Passengers must not disturb the peace of the other passengers or the staff of SOCIETE PAUL RICARD by singing, aggressive language or using musical instruments on board vessels or in the holds.
Inebriated passengers are not allowed on board. The consumption of alcohol, drugs and tobacco is prohibited on board.
SOCIETE PAUL RICARD may refuse boarding to a person who is not autonomous and whose safety cannot be completely guaranteed without a personalised and/or qualified accompanying person.
Children accompanied or alone
Minor children travel under the supervision and responsibility of their parents or another adult in charge of them.
Pets
Animals are transported under the responsibility of their owner who must take all necessary measures to avoid any incidents.
All dogs must be kept on a leash. They cannot on any account be allowed on the seats. Very small pets travel free of charge if they are in a basket or in the arms of their owner. 1st and 2nd category dogs must be muzzled and kept on a leash.
Cats or small pets must travel in an appropriate basket.
SOCIETE PAUL RICARD, through its staff, and in particular the ship’s captain, may refuse access on board a ship to an animal which may pose a risk to passengers. No refund or exchange of tickets will be possible.
Any admission of an animal on board in no way releases the passenger in charge of the animal from liability in case of aggression or damage of any kind caused by the animal.
Personal data
For the purposes of data processing inherent in SOCIETE PAUL RICARD’s commercial activity, it is specified that SOCIETE PAUL RICARD may be required to collect, process and transfer passengers’ personal data. Passengers have the right to access, modify, rectify and erase their personal data, in accordance with Law No. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties.
Passengers are asked to read the data protection policy on the website of SOCIETE PAUL RICARD (www.lesilespaulricard.com).
Damage
Any damage caused to the ship, facilities, other passengers or third parties by passengers or by persons or animals in their care shall be the responsibility of the passenger alone. The passenger must compensate for all of the losses recorded, and any other damages that may be claimed by the Carrier or third parties concerned.
Personal injury and property damage
The Carrier can only held liable for damage suffered by passengers or their property during boarding or disembarkation operations or during the crossing, within the limits and under the conditions provided for by the French laws and decrees governing carriage by sea (Law No. 66-420 of 18 June 1966 as amended and its implementing decrees).
Transport of dangerous goods
The transport of dangerous goods on passenger ships is strictly regulated and must be declared to SOCIETE PAUL RICARD. This involves in particular the transport of hydrocarbons, gases, or any flammable or explosive material listed in the International Maritime Dangerous Goods Code (IMDG) published by the International Maritime Organization (IMO), or specified in national laws or the regulations of SOCIETE PAUL RICARD.
Any passenger who has loaded dangerous and prohibited products, without the knowledge of SOCIETE PAUL RICARD, may be subject to prosecution without prejudice to any other damages or penalties provided for by French law. The Special Conditions of Transport of Goods specify the restrictions on transporting dangerous goods.
Parcels
Parcels remain under the responsibility of the shipper until they are received by the staff of SOCIETE PAUL RICARD at the Ile des Embiez post collection point. Only Colissimo parcels delivered by post will be accepted by SOCIETE PAUL RICARD. Other deliveries by private carriers (UPS, Chronopost, DHL, etc.) may be accepted without any liability on the part of SOCIETE PAUL RICARD. Consequently, in general and for all deliveries, SOCIETE PAUL RICARD cannot be held liable on any grounds whatsoever (damage, loss, etc.).
Unclaimed parcels
If a parcel entrusted to SOCIETE PAUL RICARD is not claimed at the port of arrival, SOCIETE PAUL RICARD may store the said parcel in an appropriate warehouse until it is claimed. SOCIETE PAUL RICARD may invoice the appropriate storage costs. SOCIETE PAUL RICARD may dispose of any perishable items contained in the parcel. SOCIETE PAUL RICARD cannot be held liable for loss of, or damage to, the stored parcel.
Luggage
Each passenger may carry their personal baggage free of charge up to a maximum of 30 kg per person without any adjustment between passengers. Luggage means any items transported except live animals or bulky or voluminous goods. Luggage must be labelled and identified with the name and address of the owner. SOCIETE PAUL RICARD cannot be held liable for any loss, damage of any kind, or expenses resulting from the passenger’s failure to comply with this rule. SOCIETE PAUL RICARD has the right to refuse luggage that is not properly prepared and labelled or is visibly damaged. Passengers are responsible for stowing on board and removing the luggage they have brought with them, and must also ensure that their luggage does not block the emergency routes or entrances for security crews.
Luggage and personal effects remain in the care and under the supervision of the passengers during the crossing. Consequently, SOCIETE PAUL RICARD accepts no liability in the event of theft, disappearance, loss or damage to luggage or personal effects. Similarly, SOCIETE PAUL RICARD is not liable for any losses, damage of any kind or expenses relating to luggage or other personal property (other than unclaimed luggage entrusted to SOCIETE PAUL RICARD) left on its premises or vessels.
Luggage must not contain flammable, explosive or corrosive materials, loaded or unloaded firearms or any other items that may result in risks to passengers, the staff of SOCIETE PAUL RICARD and third parties.
Rescue of other vessels
The captain is allowed to tow, assist vessels in all situations, reroute, and carry out any rescues and transshipments, and the passengers waive all claims on this account.
Jurisdiction and applicable law
All disputes regarding the application of these general conditions of carriage shall fall within the jurisdiction of the courts of Toulon. Only French law is applicable.
