Article 1 : Purpose
The present general conditions of sales are intended to give an account of the contractual relations of the parts (in this case of the company Levant'in and the customer) within the framework of the services sold by the company Levantin.
Article 2 : The services concerned
The present general conditions of sale concern and are inseparable from the services open to the public organized by Levant'in.
These services consist of different types of sea outings described on the company's website www.levantin.fr by means of an exhibition of their essential characteristics (it is specified that the photos published on the website are only present as illustrations).
In the event that a cruise includes food services, the menus displayed will be present only as an indication and may be subject to change depending on supply constraints and the choice of cooks, Levant'in guaranteeing a level of quality of identical service for the Customer.
Article 3 : Pre-contractual information - Acceptance of the customer
The Customer acting as a private individual, whether alone or in numbers, acknowledges having been informed, prior to placing his order, in a legible and comprehensible manner, of the present General Conditions of Sale and of all the information and details referred to in Articles L111-1 to L111-7 of the Consumer Code, and in particular :
- the essential characteristics of the service, taking into account the communication medium used; the price of the services and related costs;
- information on the identity of the service provider, its postal, telephone and electronic contact details, and its activities, if not apparent from the context,
- the information relating to the legal and contractual guarantees and their methods of implementation;
- the possibility of resorting to conventional mediation in the event of litigation;
- information on the right of withdrawal, the terms of cancellation and other important contractual conditions.
Article 4 : The price
The invoiced prices are those indicated on our website www.levantin.fr. These are subject to the VAT rate legally in force. Preferential tariffs can be set up but their existence depends on the evolution of the current economic situation.
Article 5 : The conclusion of the online contract
In accordance with Article 1127-1 of the Civil Code, the Levantin company provides information on the various steps to be followed to conclude the contract electronically.
The client may first inform himself of all the essential characteristics of the services open to the public offered on the website www.levantin.fr. After having read the information, the customer must enter his or her essential contact details. The acceptance of the present general conditions of sale, the verification of the order (the purchaser will be able to modify the possible errors or to cancel his order) and finally the payment of this one will imperatively follow.
The sales contract will only be formed once the order has been confirmed. A confirmation of the order will be sent by e-mail to the customer.
Article 6 : Terms of payment
The customer can pay on line by: bank cards approved by the commercial service or on the spot at our office of 39 rue de la loge 13002 Marseille (subject to having reserved before by telephone to the 04 91 24 40 40) by transfer, paypal, cash (in euros), cheques vacations up to 50 % of the sum due or by cheques drawn exclusively on a banking agency domiciled in France.
The payments made by the customer will be considered as final only after effective collection of all the sums due to the company. The company reserves the right, in the event of non-compliance with the payment conditions listed above, to suspend or cancel the provision of services ordered by the client and/or to suspend the execution of its obligations.
No additional costs, higher than the costs borne by the company for the use of a means of payment, can be charged to the customer.
Article 7 : Taking effect of the contract
The contract will only take effect from the moment when the general sales conditions have been made known to the customer and accepted and the ticket paid for.
Article 8 : Rights and obligations of the parties
8.1 : Rights and obligations of the company
The company undertakes to do its utmost to ensure the health and safety of its passengers, in compliance with the regulations in force.
The company declares that it has taken out the necessary insurance for the exercise of its activities.
The cruises being subjected to the rules applicable to the inland navigation, Levant'in reserves the right to modify, without notice nor compensation, its cruises (in particular as regards the itinerary, the duration, the schedules, the boat... ) or to cancel them at any time, including the day of departure, in application of the above-mentioned rules or in case of force majeure, terrorist acts or threats, sudden flooding, bad weather, storms, violent winds, instructions given by the administration, mechanical incidents and in general any event likely to jeopardize the safety of the persons and goods transported.
Levant'in reserves the right to refuse the boarding of passengers whose behavior (for example the state of inebriation) would be likely to disturb the good progress of the cruise. Furthermore, no animal or material that could be dangerous for the staff or the passengers will be allowed on the ship.
8.2 : Rights and obligations of the client
At the latest 15 minutes before the scheduled departure time, the client must present himself at the ship's boarding area. If he/she arrives late, he/she will not be able to claim any refund or compensation from Levant'in.
The customer undertakes on his behalf and on behalf of those for whom he has booked to behave in an exemplary manner on board the ship and to comply with all safety instructions and instructions issued by the crew.
The client agrees not to bring on board any element of an illicit nature or of a nature to disturb the smooth running of the cruise.
Persons with reduced mobility are invited to inform the company prior to boarding so that the company can provide the necessary equipment for their proper navigation.
From the moment he/she is invited to board, each passenger must strictly comply with the instructions and safety instructions given by the ship's staff and must ensure his/her own safety and that of the persons in his/her care and/or property (clothing, luggage and other personal effects) of which he/she is the owner, holder or guardian; It is forbidden to bring food and drink (other than water) on board (unless prior written authorization has been given by a member of the Levantin company). If the customer participates in one of the cruises with a small child, it is however allowed to bring baby food. Smoking is only allowed near the bar. It is forbidden to throw cigarette butts into the sea or onto the ship.
In the event that the client drinks alcoholic beverages in excess of the norm, he/she will be solely responsible for any material or physical damage suffered by him/herself and/or a third party and may be disembarked at the nearest port if the skipper considers that he/she is disrupting the cruise's smooth running.
Article 9 : Cancellation of the service
9.1 : Cancellation by the client
Orders placed via the Internet, despite the fact that they fall within the scope of contracts concluded at a distance in accordance with Article L221-1 of the Consumer Code 'any contract concluded between a professional and a consumer, within the framework of an organized system of sale or provision of services at a distance, without the simultaneous physical presence of the professional and the consumer, by the exclusive use of one or more techniques of distance communication until the conclusion of the contract' do not benefit from the right of withdrawal under Article L.221-28 of the Consumer Code: 'The right of withdrawal cannot be exercised for contracts: ....12° for the provision of accommodation services, other than residential accommodation, transport services, car rental, catering or leisure activities which must be provided on a specific date or at a specific time.
In fact the present article is intended in accordance with the article L221-5 of the Code of the Consumption to inform the customer that he does not profit from the right of retractation.
'L221-5 Code de la Consommation: 'Prior to the conclusion of a contract of sale or supply of services, the professional communicates to the consumer, in a legible and understandable manner, the following information: ... 5° When the right of withdrawal can not be exercised under Article L. 221-28, information that the consumer does not have this right or, where appropriate, the circumstances in which the consumer loses his right of withdrawal.'
Because of this absence of the right of withdrawal, any cancellation on the part of the customer, and this can be the reasons, will not lead to any refund from the company.
However, the customer has the possibility of moving his reservation to a later date, always within the limit of the current season and subject to the availability of places, on the condition that he informs the Levantin company of his withdrawal at the latest 72 hours before the planned date of his cruise by e-mail to the address firstname.lastname@example.org or by telephone on 04 91 24 40 40. He/she can also ask for a gift voucher or a gift certificate to be used on the services offered by Levant'in.
9.2 : Cancellation by the company
If the conditions are not met for a safe navigation, the company reserves the right to cancel the proposed service. This includes, but is not limited to: cases of force majeure, bad weather, technical problems, terrorist threat, administrative ban on navigation, etc...
If this is the case, customers will be offered to move their service to a later date in the current season (within the limits of available places) or to be refunded.
If no request for reimbursement following a cancellation of the service due to the company has been made within 3 months after the cancelled service, then the company reserves the right not to offer a refund to the customer.
Article 10 : Reservations and claims
In the absence of reservations or claims expressly made by the client upon receipt of the services, they will be deemed to be in conformity with the order, in quantity and quality.
The complaints of commercial nature will have to be addressed by registered letter with acknowledgement of delivery to the company Levant' in, at the latest within 15 days as from the date of the carried out service. The complaints will be admitted only insofar as the difficulties of which they are the object will have been announced on the spot in order to make it possible to cure it and to limit the damage which could invoke the customer. The complaints will be examined with the greatest care and Levant'in will endeavor to provide an appropriate response.
No claim can be validly accepted in the event of non-compliance with these formalities and deadlines by the Customer.