BATOBUS and the website

https://www.batobus.com/

 

 

For the purposes hereof, the terms defined below, both in the singular and in the plural, shall have the following meaning:

• “Customer”: any natural person acting as a consumer within the meaning of the French Consumer Code, i.e. for purposes not connected with their commercial, industrial, artisan, professional or agricultural activity;
• “Service Provider”: Batobus, the company responsible for providing the service;
• “Services”: catering services and/or services proposed directly by the Service Provider or indirectly via its website.

PART I – GENERAL TERMS AND CONDITIONS OF SALE

ARTICLE 1 - GENERAL PROVISIONS

1.1 The provision of the Services is subject to the stipulations hereof, complemented by the specific terms and conditions of the Service. These take precedence over all terms and conditions of purchase which may be set against them and express the entirety of the rights and obligations of the parties and are inseparable, where applicable, from the “General Terms and Conditions of Use” section below for any booking and/or order placed via a website of the Service Provider.

1.2 The Service Provider reserves the right to not accept bookings for events of which the electoral, political or religious nature is incompatible with or prejudicial to the image and shared aim of the Service Provider or the venue where the Services are to be provided.
1.3 If any one of the clauses hereof (in full or in part) proves unlawful, invalid or inapplicable, the other provisions shall remain in force.

1.4 The fact that the parties do not exercise the rights recognised as theirs pursuant hereto may not in any event be interpreted as a waiver of the enforcement of said rights.
1.5 This document is written in French.

ARTICLE 2 – PRICES

Prices are expressed in euros, exclusive or inclusive of tax. Prices can be revised at any time without prior notice. The prices invoiced are those in force on the day of the booking. They are subject to the VAT rates in force, applicable on the day of the service. All new taxes or charges which may be created, or any change to current charges or taxes, shall automatically entail the adjustment of prices. Prices may also be subject to a differentiated pricing policy based on the management of the capacities available, and may vary as a result. It is for the Customer to assess, before approving the booking, whether the price is acceptable. Any challenge over prices at a later date will be disregarded. The prices of services other than the main services cannot be amended after the booking.

ARTICLE 3 - BOOKING AND PAYMENT TERMS

3.1 The Service Provider shall make these General Terms and Conditions available to the Customer on its website so that they can read them prior to any booking.
Bookings are made in writing, by email, telephone, messaging service or directly on the Service Provider’s website. To make a booking, the Customer must be at least 18 years of age and have legal capacity to enter into a contract. 
Any fraud in breach of these General Provisions may result in refusal by the Service Provider, at any time, to allow access to the Services.
3.2 All bookings entail acceptance of these terms and conditions and become effective on total or partial payment by the Customer. A deposit of 90% of the total amount of the service, or 100% for online bookings, will be required. In the event of part payment, the balance remaining due must be paid by the Customer on the day of the service.

3.3 The exact number of participants must be confirmed in writing at the latest 3 business days before the date of the service. During this period of more than seventy-two (72) hours, the Customer has the option of reducing the number of participants indicated at the time of the initial booking within a limit of 10% or of increasing their number within the limit of the number of places available.
3.4 Payment may be made in cash (within the maximum permitted by regulations), cheque (drawn exclusively on a bank domiciled in France), bank card, wire transfer or any other means of payment accepted by the Service Provider. Customers who pay by bank card undertake to use only a card owned by them, in person. The Service Provider cannot be held liable in the event of fraudulent use. The Customer shall indicate the number, validity date and security code of their bank card at the time of payment. 
Remote payment by bank card is fully secured by the SSL protocol and provided by an organisation specialising in secure online transactions. Bank data are transferred by a secure link directly to the website of said organisation. In any event, non-availability of the electronic payment service cannot under any circumstances release the Customer from its obligation to pay for the chosen Services.

3.5 Any delay in payment will, after the sending of a letter of formal notice, result in the invoicing of late payment interest exclusive of tax, equivalent to application of a rate equal to the rate of the European Central Bank, increased by 10 points. These penalties will be applied from the due date of the principal up to the date of actual payment in full.
A fixed indemnity compensating recovery costs of €40 will be automatically due by all professionals in the case of any delay in payment (Art. L. 441-5 of the French Commercial Code).
3.6 All services and overtime not stipulated originally will be the subject of additional invoicing after the event.
ARTICLE 4 – CANCELLATION

4.1 Attributable to the Customer
Refer to Article 10- Right of withdrawal.
4.2 Attributable to the Service Provider
Refer to Article 9- Force Majeure.
ARTICLE 5 – INTERNAL REGULATIONS

5.1 The Service Provider will do everything in its power to ensure that the services are provided in accordance with the terms and conditions provided for in the booking.
Under no circumstances may the number of attendees present on the boat exceed the capacity established for each boat.
5.2 Any equipment or items which may prove hazardous for customers or the Service Provider’s staff will be refused.
5.3 Correct dress and respectful behaviour in compliance with the safety rules are required.
5.4 Anyone in breach of the above may be refused access or be removed from the venue where the Service is provided, without the option of being refunded the price paid, the Service Provider also reserving the right to take all measures that it deems appropriate.
ARTICLE 6 – CONFIDENTIALITY

The parties mutually undertake to maintain the strictest confidentiality in respect of all documents and information that are brought to their attention in relation to the performance of the services.

ARTICLE 7 - INTELLECTUAL PROPERTY

The Service Provider is owner of all intellectual property rights relating to the BATOBUS trademark and to the “www.batobus.com” website.
Accessible elements, notably in the form of texts, photographs, images, icons and sound, are also protected by intellectual and industrial property rights and other private rights. Under no circumstances may the Customer reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, using any means whatsoever, or use in any way whatsoever, all or part of the Service Provider’s trademarks without its prior authorisation. Any use that has not been authorised beforehand, on any basis whatsoever, of all or part of the information may be the subject of any appropriate action, including an action for infringement.
ARTICLE 8 – LIABILITY AND INSURANCE

The Service Provider accepts no liability in the event of theft or damage caused to any kind of items or property (personal effects, hand luggage, equipment, etc.) belonging to the Customer or which are entrusted to it.
The Service Provider will invoice the Customer for any theft or damage to property or real property caused at the venue where the service is provided by the Customer or one of its attendees. 
In the event of failure to fulfil its contractual obligations, the Service Provider may not reimburse more than 100% of the service ordered.
The Service Provider represents that it has taken out insurance with a reputedly solvent company covering its civil operating liability for up to 8 million euros, and notably in the event of food poisoning.
ARTICLE 9 – FORCE MAJEURE

The Service Provider or the Customer reserves the right to cancel a Service on the occurrence of a force majeure event (fire, explosion, terrorist attack, pandemic, natural disaster, administrative restrictions, etc.). In this case, the down payment possibly made will be refunded without the Customer being able to claim any additional compensation.

ARTICLE 10 – RIGHT OF WITHDRAWAL

Under Article L. 221-28(12) of the French Consumer Code, the Customer may not exercise the right of withdrawal for the provision of catering services and leisure activities that must be supplied on a specified date or during a specified period.

ARTICLE 11 - PERSONAL DATA

The Customer’s Personal Data are collected and processed in compliance with Act No. 78-17 of 6 January 1978 in force and Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data. For more information, the Customer is invited to consult our Privacy Policy, available on our website https://www.batobus.com/fr/politique-de-confidentialite.
ARTICLE 12. RECEIPT OF NOTIFICATIONS AND NEWSLETTERS

The Customer may, at any time and free of charge, ask us to stop sending advertising or commercial offers by contacting us directly at sales.support.ssl@sodexo.com or via the unsubscribe link included in any offer we may send to the Customer by email. This objection is without prejudice to the legality of any mailings sent out before implementation of that objection. Under Article L. 223-2 of the French Consumer Code, the User is informed of their right to register, free of charge, to opt out of receiving marketing calls (www.bloctel.gouv.fr).

ARTICLE 13 – PROOF

It is expressly agreed that, barring an obvious error established by the Customer or by the Service Provider, the information stored in the latter’s information system has probative force. The information on computer or electronic media retained by the Service Provider constitutes evidence and, if it is produced as evidence in any contentious or other proceedings, it shall be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same probative force as any document that is produced, received or retained in writing.
Article 14 – Complaints

In the event of a complaint regarding the service, the Customer has the option of contacting the Service Provider by post at BATOBUS – Service Relation Client – Port de la Bourdonnais – 75007 PARIS – France or by email at reclamation.suggestion.fr@bateauxparisiens.com.

In the event of a dispute between the professional and the consumer, they shall make an effort to find an amicable solution. If an amicable solution is unable to be reached, the consumer has the option of referring the matter free of charge to the professional’s consumer ombudsman, i.e. the European Ombudsman Association (AME CONSO), within one year of the written complaint sent to said professional. The matter should be referred to the consumer ombudsman:

- either by completing the relevant form provided on the AME CONSO website: www.mediationconso-ame.com ;

- or by sending a letter to AME CONSO, 197 boulevard Saint-Germain – 75007 Paris, France.

This provision regarding referral to the Ombudsman does not apply to legal entities.

ARTICLE 15 - APPLICABLE LAW - DISPUTES

This contract is governed by French law. It must be implemented and interpreted in compliance with this law.
In the event of any dispute, the Customer is first to contact the Service Provider to find an amicable solution. 
Customers are advised that they may, in any event, make use of conventional mediation, including with the Consumer Mediation Commission or with existing sector-based mediation bodies or any alternative dispute resolution method (such as conciliation) in the event of any dispute. If an amicable agreement is not reached, the case will be brought before the competent courts; for the avoidance of doubt, the time limits for the initiation of legal proceedings continue to run during the period when an amicable solution is sought. In the event of any dispute or challenge, the French courts alone will have jurisdiction and French laws alone will apply. Disputes arising with our customers registered on the Trade and Companies Register (RCS) will be submitted to the Commercial Court of Paris.
All of the above clauses will be respected in full by each party.

 

 

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PART II – GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE

The purpose of this section of the General Terms and Conditions of Sale and Use of the Website is to define the terms and conditions of availability of, access to and use of the Service Provider’s website, which are enforceable on the Users.

PLEASE READ THESE GENERAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE AS THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. YOUR ACCESS TO AND USE OF THE WEBSITE, INCLUDING ITS CONTENT, ARE SUBJECT TO THESE GENERAL TERMS AND CONDITIONS OF USE, AS WELL AS APPLICABLE LAWS AND REGULATIONS.

For the purposes of this section, the terms defined below, both in the singular and in the plural, have the following meanings:

“Contribution”: all content (photographs, images, information, remarks, comments, CVs, covering letters, etc.) that may be published, edited, drafted, shared, deleted and/or modified on the Website by the User;
“GTCU” : these General Terms and Conditions of Use;
“Publisher”: the company or companies publishing the website(s) mentioned in the Legal Notices;
“Website”: the Website and the portals and variations of associated URLs, where applicable;
“User”: anyone logging on to the Website, such as the Customer, visitors, etc.;
“Functionality”: services made available to the User on the Website, as described below;
“Services”: the services offered, which may be booked by the User under the terms and conditions set out on the Website.

 

Article 16 – Access to the Functionalities

Access to the Functionalities of the Website is open to anyone browsing on said site and is conditional on compliance herewith. Users are informed that they have the option of saving and printing these GTCU by using the standard functionalities of their browser or computer. By using the Functionalities, Users acknowledge that they have obtained from the Service Provider all the necessary information about the Functionalities and that they unconditionally accept the GTCU. 
All Users undertake, having accepted the GTCU, to comply with them scrupulously. Failure to comply with the GTCU renders Users liable and may entail immediate and automatic suspension, or permanent and automatic cessation of access to the Website and to the associated Functionalities. Users are responsible for the use they make of the information made available to them by the User in connection with the Functionalities and must take into consideration all notices featuring in these GTCU and on the Website. The conditions of access to and use of the Functionalities may be changed without prior notice by the Service Provider. Availability of each Functionality depends on the Website and a User might therefore not have access to all or part of the Functionalities below.

Article 17 – Functionalities

The Website allows the User to access some or all of the following Functionalities:

17.1 Viewing information about the Services. This functionality allows the User to have access to information relating to the Services (e.g. times, descriptions and specific terms and conditions of the Services, information about products offered, etc.).
17.2 Booking. Users may book Services on the website. The terms and conditions of access to the Services and how to order them are shown on the Website and herein. In any event, Users undertake to ensure that all information provided to the Publisher (including Personal Data) at the time of registration is always truthful, accurate, complete and up-to-date. In particular, Users undertake not to create a false identity likely to mislead the Publisher or any third party and not to steal the identity of another natural person. In the event of any changes, Users undertake to update all the information concerning them immediately. If Users provide any false, inaccurate, outdated, incomplete, deceitful or misleading data, the Publisher may immediately suspend or terminate their account and temporarily or permanently refuse access to all or part of the Functionalities.
17.3 Receiving notifications and newsletters from the Service Provider and/or its partners. Depending on the choices made at the time of booking, Users may receive commercial notifications where applicable and/or newsletters from the Service Provider and/or its commercial partners.

17.4 Submission of applications. Users may submit an unsolicited application in accordance with the terms and conditions set out on the Website.

Article 18 – User Contributions

Users undertake to ensure that their Contributions comply with all applicable laws and regulations. Prohibitions include, but are not limited to, publishing any Contribution the content of which would, or would be likely to, infringe:

- Public order or morality,
- Third-party rights (image rights, privacy rights, etc.),
- The intellectual property rights of any third party and/or Sodexo.

In this respect, Users undertake to ensure that their Contributions are relevant to the context. They must not contain subjective comments, especially if they are excessive or insulting, or reveal, directly or indirectly, any information considered sensitive (racial or ethnic origin, political, philosophical or religious opinions, trade union membership, information relating to health or sex life, offences, convictions or security measures). 
Users represent that they accept all civil and criminal liability that might result from the publication of their Contributions on the Website. In addition, Users will hold the Publisher harmless against any action, of any kind whatsoever, which might be brought against it by any interested person regarding Users’ failure to comply with the foregoing provisions.
It is specified that in the event of failure by Users to comply with the provisions of this article, Sodexo reserves the right to remove from the Website any disputed Contribution, notwithstanding Sodexo’s right to suspend or terminate the User’s access to the website without prior notice.

 

Article 19 – Terms and conditions for providing access to the Website
19.1 Availability. Access to the website is open and free to any User with Internet access. All costs relating to access for hardware, software or internet access shall be exclusively borne by the User. Users shall have sole responsibility for the correct functioning of their computer equipment and for their internet access.
The Publisher will use all reasonable means to provide the User with continuous access to the Website, but certain Functionalities may be subject to varying availability. 
The Publisher may not be held liable for the unavailability of the Website in the event of operations relating to maintenance, testing, security or repair, or of any other nature whatsoever.
However, the Publisher reserves the right, without prior notice or compensation, to temporarily or permanently close down the Website or access to one or more Functionalities, including in order to perform an update, maintenance operations, or modifications or changes concerning operational methods, servers and hours of accessibility, this list of reasons not being exhaustive. The Publisher also reserves the right to suspend, interrupt or bring a permanent end to any access to all or part of the Website in the event of force majeure, as defined by case law, or any other event beyond its control.
The User acknowledges the Publisher’s right to choose and/or change the infrastructure and/or the country where the Website is hosted as it sees fit.
19.2 Anomalies – Malfunctions. The Publisher does not guarantee that the Website will be free from faults, errors or bugs, or that these can be rectified, or that the Website will function without interruption or failure, or that it is compatible with particular hardware or particular settings. Under no circumstances may the Publisher be held liable for technical problems attributable to third parties, particularly in the event of malfunctions attributable to third-party software, regardless of whether or not they are incorporated into the Website or provided therewith, or for issues related to communication or unavailability of the Website due to technical problems beyond the Website’s control, whether due to:
- The User’s equipment;
- The Internet Service Provider;
- The User’s hosting provider;
- Or resulting in general terms from a case of force majeure.
Users further represent that they are aware of the nature and limitations of the internet, particularly its technical performance, the response times for viewing, querying or transferring data and the risks related to the security of communications. Users will be responsible for monitoring possible developments in computing and data transmission resources at their disposal in order to adapt them to developments on the Website.

Article 20 – Publisher’s liability
The Publisher may not be held liable for loss or harm of any kind (including loss of profit or of opportunity, etc.) which may result from changes and/or any temporary or permanent, total or partial, unavailability of the Website or of any Functionality, regardless of its origin or source. More broadly, unless it is at fault, the Publisher shall not under any circumstances liable for damages of any kind (including loss of profits or opportunity, etc.) that may result from the use of the Website, such as, in particular, loss of data, including Personal Data, intrusion, viruses, suspension of the service and/or Functionalities, fraudulent use of credit card, etc.
In the event of abnormal or unlawful use of the Website by a User, the latter shall remain solely liable for damage of any kind caused to third parties and to the Publisher and for the consequences, claims and/or actions that may result therefrom. 
Furthermore, Sodexo will not be liable in the event of “force majeure” situations as defined by applicable laws and French case law. 

 

 

Article 21 - Cookies
Some of the User’s information may be collected when accessing this Website for the purposes of personalising and improving the User’s experience. For more information, the User is invited to consult our Cookie Management Policy.

Article 22 - Term and termination
This agreement is entered into for an indefinite term and shall remain in full force and effect as long as the User uses the Functionalities or retains their personal account.
The Publisher reserves the right to take all necessary measures, including the removal of a personal account, without having to give any reason or notice, undertake any formalities or pay any compensation to the User in the event of a binding court decision, force majeure event, breach of these GTCU or the law, or suspected fraud.
The Publisher will notify the User by any appropriate means of the measure taken and the reasons for taking such a decision. The User’s personal account will no longer be accessible from the date of termination and all Functionalities will be immediately suspended. Such termination shall take place without prejudice to any damages that may be claimed as compensation for the loss suffered as a result of such breaches.
At the time of termination, the rights and licences granted to the User will be terminated and the User must cease all use of the Website. The User will not be entitled to any compensation.

Article 23 - Hypertext links
This Website may contain links (including hyperlinks) to other websites or applications that are not under the Publisher’s control. The Publisher is not liable for the content of these sites or applications, the links they contain, or for any changes or updates made to them. It is not possible to create a hyperlink to third-party websites without the express authorisation of the Publisher. Under no circumstances may the Publisher be held liable for the creation of a hyperlink on this Website.

Article 24 - General Provisions
24.1 Modification of the GTCU. The Publisher reserves the right to change, supplement or update all or part of the GTCU at any time, particularly in order to comply with any legislative, regulatory, technical and case-law changes that may arise. In this case, the applicable provisions will be those in force on the date they are published online and will be enforceable on the date of use of the Website by the User.
24.2 Entire agreement. If any of the clauses hereof (in full or in part) proves to be unlawful, invalid or inapplicable, the other provisions shall remain in force. The invalid or unenforceable portion will be replaced by a valid provision having the same legal effect.
24.3 Non-waiver. The fact that the parties do not exercise rights recognised as theirs pursuant hereto may not in any event be interpreted as a waiver of the exercise of said rights.
24.4 Agreement on proof. It is expressly agreed that, barring an obvious error established by the User or by the Publisher, the data stored in the Publisher’s information system has probative force. The data on computer or electronic media retained by the Publisher constitute evidence and, if they are furnished as evidence in any litigation or other proceedings, they will be admissible, valid and enforceable between the parties in the same way, under the same conditions and with the same probative force as any document that is produced, received or retained in writing.

 

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