SARL (private limited company) with share capital of €8,000 - SIRET number 350 540 324 000 18, RCS Paris Port de la Bourdonnais, 75007 Paris Tel.: 0.825.05.01.01 (€0.15/min) - Fax: 01.44.11.35.55 - Herein after "Compagnie des Batobus"
1. COMMON TERMS AND CONDITIONS: These Terms and Conditions apply to all services provided by Compagnie des Batobus. These Terms and Conditions prevail over all other purchasing conditions. Any contradictory or additional non-contractual clauses or those which are not subject to specific conditions or an agreement between Compagnie des Batobus and the Client are deemed to be lapsed and unwritten. The General Terms and Conditions of Sale are sent to the Client at the same time as the quote, allowing him or her to place their order. By placing an order the Client implies the full acceptance of the present Terms and Conditions. In the event of discrepancies between the quote signed by the Client and the present Terms and Conditions, the provisions of the quote shall prevail. Services may only be ordered by clients who have read and accepted unconditionally and without reserve all the Terms and Conditions of Sale. The placing of an order implies full acceptance without reservation of these General Terms and Conditions of Sale and their provisions. With the aim of Client satisfaction, Compagnie des Batobus may need to amend these Terms and Conditions and also its range of products.
1.1. Data protection: Compagnie des Batobus complies with current privacy legislation. Notably, its Internet sites are registered with the CNIL (French Data Protection Authority) in accordance with French Data Protection law. As part of their business relationship, Compagnie des Batobus may contact the Client by e-mail, for example, to confirm an order. The Client has a right to access, amend or delete personal data concerning them (Law n°2004-801 of the 6th August 2004 on the protection of individuals with regard to the processing of personal data and modifying law n°78-17 of the 6th January 1978 on civil liberties, electronic storage and retrieval of information). This can be done by writing to Compagnie des Batobus at the following address: 42-44 rue de Bellevue, 92100 Boulogne Billancourt or via the order management interface by clicking on "my details". Information required for placing an order is indicated on the site with an asterisk.
1.2. Boat access: Batobus craft operate within the limits corresponding to the regulatory carrying capacity of each boat. Therefore, if the maximum number of passengers is reached for a particular craft, any Clients at the stop must wait to board the next boat.
Furthermore, Compagnie des Batobus reserves the right to deny boarding any passenger under the age of 16 not accompanied by an adult.
Those with reduced mobility are invited to check with Compagnie des Batobus in regard to the accessibility of their craft when they buy their tickets.
1.3. Insurance/Liability: Compagnie des Batobus hereby declares that it is insured with a reputable company for business liability for the waterway transport of passengers. Compagnie des Batobus reserves the right to invoice the Client for any material damage on board carried out by him/herself or a member of his or her group. The cruise boats are subject to waterway navigation rules and Compagnie des Batobus reserves the right to assess the suitability of the waterways. Cruise boats may be cancelled or routes changed at any time, from the time the order is placed up to and including the time of departure or during the journey, in accordance with the rules of waterway navigation, or in the event of adverse weather conditions which may endanger the safety of those on board. Compagnie des Batobus accepts no responsibility whatsoever for the consequences of non-compliance by passengers of the rules imposed by inland navigation and police regulations, without prejudice to any damages and interest they may claim due to losses suffered as a result of such non-compliance. Compagnie des Batobus cannot be held responsible for direct or indirect damages sustained by passengers during the cruise if caused by one of the following reasons: sudden flooding, storm, collision with another vessel which is liable, even partially, for the accident, and any other unpredictable event.
1.4. Force Majeure: Compagnie des Batobus reserves the rights to cancel services in the event of a force majeure (fire, explosion, natural disaster, administrative constraints, etc.) or any other act outside its control.
1.5. Purchase price: Prices are stated in euros, excluding taxes or including all taxes. Prices can be revised at any time without prior warning. Invoiced prices are those which are current on the day of the order. They are subject to the VAT rate current on the day of service provision. Any new taxes or charges which may apply, or any modifications to price or current taxes shall mean an automatic price adjustment.
It is the responsibility of the Client before placing an order to ensure the price is acceptable. Any reclamation in regard to price shall not be further considered.
1.6. Payment methods: Compagnie des Batobus accepts bank transfers, cash payments in euros, cheques issued by a bank domiciled in France as well as travellers cheques or bank cards accepted by the ordering service or listed outside the different locations. Services can also be delivered in exchange for a voucher issued by an agent approved by Compagnie des Batobus.
1.7. Settlement default: In cases involving payments of approved quotes, any delay in payment will result in the automatic invoicing of late payment penalties. Article L.441.6 of the French Commercial Code states that, late payment penalties are payable without the need for a reminder. Late payment penalties are applicable from the date on which the principal becomes payable until payment is effectively made in full. In accordance with the Law on the Modernisation of the Economy (LME), which came into force on 1 January 2009, the applicable late payment penalty is 3% per year. Any partial invoicing dispute cannot in any way justify a default in the total payment for services subject to these conditions. The only permitted default in payment is in regard to a dispute, provided it is objectively well founded and Compagnie des Batobus is notified via registered letter with acknowledgement of receipt.
1.8. Complaints: Complaints of a commercial nature or those relating to the quality of services provided should be addressed to Compagnie des Batobus Customer Services department, Port de la Bourdonnais-75007 PARIS. Suggestions and complaints shall only be accepted if they are submitted in writing and addressed to Compagnie des Batobus within eight days of the end of the provision of services.
1.9. Internal regulation for waterway passenger transport: These General Terms and Conditions of Sale are supplemented by the rules of procedure of the different service areas which the Client agrees to comply with (boats, ticket offices, etc.): behaviour, dress code, health and safety rules, etc.
1) Compagnie des Batobus shall do everything in its power to ensure the smooth running of crafts on the Seine under the conditions set out on the order. Under no circumstances may Compagnie des Batobus be held responsible nor be liable to pay any indemnity or refund whatsoever in the event of changes to the itinerary, timetable or journey times due to a force majeure or instructions given by waterway officials. Frequencies and timetables provided are a guide and may be subject to change.
2) Passenger requirements: From the time a passenger is invited to board, he or she must strictly adhere to the instructions given by on-board staff in the interests of water safety and maintaining order on board. No animals or materials which may be dangerous for passengers or staff are allowed on board. Compagnie des Batobus reserves the right to refuse boarding. It is prohibited for non-staff members to access the engine compartment or the boat's steering position without special permission.
1.10. Confidentiality: Compagnie des Batobus and the Client reciprocally undertake to maintain the strictest confidentiality of all documents and information which is brought to their attention within the framework of service provision. The elements accessible on the sites, such as, but not limited to, texts, photographs, pictures, icons, sounds, are also protected by intellectual and industrial property rights or other private rights. Except where express provisions exist in this document, the Client cannot under any circumstances, reproduce, publish, transmit, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, the contents, the Internet site or any related software without the prior written permission of Compagnie des Batobus. Any use whatsoever, without the prior permission of Compagnie des Batobus, for whatever reason, of all or part of the information, may lead to appropriate legal action, in particular for counterfeiting.
1.11. Intellectual property: Compagnie des Batobus holds the rights to all the intellectual property relating to Compagnie des Batobus, as well as the website "www.batobus.com" owned by or of which it owns the rights. Access to the site does not confer any rights to the users.
1.12. Customer Service: The Client may contact Compagnie des Batobus Customer Service department by telephone from Monday to Saturday from 9am to 8.30pm on 01.76.64.14.67.
2. SPECIFIC TERMS OF PURCHASE FOR LOCAL AUTHORITIES, ORGANISATIONS, BUSINESSES, TOURISM PROFESSIONALS AND EVENTS COMPANIES: These specific measures define the common terms and conditions presented above and apply to local authorities (municipalities, administrations and territorial authorities), not-for-profit organisations (including sporting and professional associations, businesses, tourism professionals and events companies).
Batobus pre-sale ticketing: Local authorities, organisations and companies may buy Batobus cruise tickets at a promotional price subject to bulk purchasing and the prepayment of 100% of the order.
Ticket validity: The validity of Compagnie des Batobus tickets is clearly shown on the tickets themselves. Once they have expired, tickets cannot be exchanged or refunded.
3. SPECIFIC TERMS FOR INTERNET PURCHASING: These specific terms specify the common conditions outlined above for the website "www.batobus.com". After having chosen a product or service he or she wishes to order, the Client shall confirm acceptance of these General Terms and Conditions of Sale. The order is not definitively registered until the final validation. A summary screen of the order is provided. To complete an order on the site, the Client must input, according to indications provided online, their contact details. Required fields are indicated on the site. An e-mail address must be provided in order to inform the Client of their password. The password is automatically generated and prevents the duplication of information for subsequent orders. The password is sent to the Client in the order confirmation e-mail. The Client is advised to print the order summary. The order summary is proof of the order. Order summaries can be printed from the order management interface for any future orders. Once an order has been received, Compagnie des Batobus shall send an e-mail confirmation which includes the Client's order management interface connection address. The system tracks documents sent but not their delivery. In the event of non-delivery, the Client is responsible for informing Compagnie des Batobus. Under no circumstances shall Compagnie des Batobus be held responsible if the Client does not receive an order confirmation due to an error in the inputting of their contact details. Before printing an order, the Client shall ensure that he or she has the required hardware and software configurations required to print the order documents: a computer linked to the Internet running Acrobat Reader software, a laser or ink-jet printer and A4 plain paper. Compagnie des Batobus cannot be held responsible for the inability to print the documents due to a failure to comply with the software and hardware configurations set out above.
3.1. Capacity: To place an order, the Client must be aged 18 or over, be legally competent to contract and use these sites in accordance with these General Terms and Conditions. The Client is financially responsible for the use of the sites on their own behalf as well as on behalf of third parties, including minors, except when it occurs through fraudulent use for which they bear no fault or negligence. The Client also guarantees the truthfulness and accuracy of information provided by them or any other third party using their data on these sites. Fraudulent use or that which contravenes these General Terms and Conditions, of the online ordering service, may lead to, Compagnie des Batobus denying access, at any time, to the services offered online.
3.2. Access to Client order information: The Client may consult their order information at any time via the link on the order management page, the address for which will have been sent in the order confirmation e-mail.
3.3. Modifications/Order cancellations/Cancellation fees: Modifications cannot be made online. If a Client wishes to modify an order, they must contact Compagnie des Batobus by telephone. The telephone number is shown on the confirmation e-mail. To do this, the Client should go to the order history page and click on the link "contact us" located below the order details. A new window summarises the personal details which the Client can send to the Compagnie des Batobus sales team and there is also the option of requesting an order cancellation via the "order cancellation form" link. This form allows the Client to indicate why they wish to cancel an order and provide a telephone number or e-mail address for contact purposes. Once the order request is submitted, it will be sent to the Compagnie des Batobus sales team. The Client can track their cancellation request via the order history page where the order will be shown as cancelled.
3.4. Cooling-off period: Individual Clients have a period of 14 days in which to cancel their order without penalty or justification. Order refunds shall be paid within 30 days of the cancellation date.
3.5. Online payment security: Online bank card payments are made in a fully secure environment. The following bank cards are accepted: Visa/American Express and MasterCard. Information is encrypted by Paybox. An order made by the Client is not deemed to be confirmed until the payment centres concerned have approved it. In the event of payment refusal by the aforementioned centres, the Client is informed immediately by an on-screen message inviting them to contact customer services in order to find a payment solution.
3.6. Responsibilities and guarantees for Internet site use: Compagnie des Batobus cannot guarantee that the website "www.batobus.com" will be free from anomalies, errors or bugs errors, nor that these defects will be corrected, nor that the site will be uninterrupted or without breakdowns, not that it is compatible with particular hardware or configuration other than that expressively validated by Compagnie des Batobus. Compagnie des Batobus will in no way be responsible for failures due to the software of third parties, which may or may not be incorporated into the sites or provided with them. Compagnie des Batobus will in no way be responsible for any foreseeable or unforeseeable damage (including the loss of profits or opportunities) resulting from the use or the total or partial inability to use the site. The Client hereby declares that he/she understands the nature and limitations of the Internet, in particular in regard to technical performance, response times for searching, querying or transferring data, and the risks related to the security of communications.
CGV Batobus 2011-06