Article 1. Purpose
These general terms and conditions apply to all the services offered by Bélana Croisières: aboard cruising and moored boats, and to the associated services such as, for example, catering, entertainment, and so on.
These general terms and conditions of sale shall prevail over any general terms and conditions of purchase, which shall in no case be enforceable against Bélana Croisières.
The General Terms and Conditions of Sale are sent to the Client together with the order form, to enable them to make their booking. Any booking therefore implies on the part of the Client full and unreserved acceptance of these terms and conditions.
Article 2. Booking Arrangements
The booking of a service is firm and final only after:
- acceptance and signature of the order form,
- acceptance and signature of the general terms and conditions of sale,
- payment of an initial deposit in accordance with the following arrangements: payment of a first deposit of 60% (sixty per cent) upon receipt of the order form,
- the balance 7 days before the date of the service,
- any supplements shall be the subject of an additional invoice, payable upon receipt. Should the first deposit or the single deposit not be paid within the time limits mentioned above, Bélana Croisières does not guarantee the availability of the suppliers with whom the order form was priced. The Client nevertheless remains bound by the obligations entered into hereunder, in particular as regards the payment arrangements and the cancellation conditions.
In the absence of payment, the order form shall automatically lapse,
without prejudice to Bélana Croisières’ right to claim damages.
The exact number of guests is that stated in the Bélana Croisières order form. A variation of +/- 10% on the total number of participants will be tolerated. The Client must communicate the final number of guests no later than 15 days before the service.
In the event of an increase in the number of participants exceeding the 10% variation tolerated, without this having been the subject of a written amendment to Bélana Croisières, and subject to the capacity of the chosen venue, the inability to accommodate the additional guests shall not constitute grounds for cancellation of the order.
In the event of a decrease in the number of participants exceeding the 10% variation tolerated, the amount invoiced will be calculated on the basis of the minimum billing noted on the order form.
Article 3. Cancellation Arrangements on the Part of the Client
The Client may cancel their booking under the following conditions: any cancellation must be notified to Bélana Croisières by registered letter with acknowledgement of receipt; the date of receipt of the cancellation shall serve as proof for the application of the cancellation charges set out below:
- In the event of cancellation by the Client for any reason whatsoever, more than 60 days before the date of the service, the deposit paid shall remain acquired by Bélana Croisières as of right, even if it has not yet been collected.
- In the event of cancellation by the Client for any reason whatsoever between 60 days and 15 days before the service, the latter shall be invoiced at 80% of the total amount of the service.
- In the event of cancellation by the Client for any reason whatsoever less than 15 days before the date of the event, the service shall be invoiced in full.
- Any modification of the booking, in particular a change of date, shall be considered a case of total cancellation.
Article 4. Cancellation Arrangements on the Part of the Organiser Bélana Croisières or of the Carrier/Shipowner
Being subject to the rules of inland navigation, cruises may be cancelled or modified at any time from the booking onwards, including at the moment of departure or during navigation, in the event of inclement weather liable to endanger the safety of those transported, of flooded or inaccessible quays, of unnavigable or difficult river conditions, or any case of force majeure.
In the event that navigation is impossible, the service (meal, any entertainment) shall take place while moored, and accordingly no refund or right to damages shall be granted.
In the event of complete cancellation, the sums paid by the Client shall be refunded, to the exclusion of any damages.
The provider may in no case be held liable for damage of any kind resulting in particular from force majeure, acts or threats of terrorism, strikes, demonstrations, the rising of the river, floods, inclement weather, storms, technical incidents, a failure of one of its service providers or of those chosen, where applicable, by the Client, and generally any other event of any nature whatsoever beyond the provider’s will and outside its control.
Article 5. Payment Arrangements
Payment terms:
- payment of a first deposit of 60% (sixty per cent) upon receipt of the order form,
- any supplements shall be the subject of an additional invoice, payable upon receipt. Any late payment shall automatically result in the charging of late-payment penalties. Article L.441-6 of the Commercial Code states that late-payment penalties are due without the need for a reminder. These late-payment penalties shall be applied from the date on which the principal becomes due to that of effective and full payment. In accordance with the Economic Modernisation Act (LME), which came into force on 1 January 2009, the late-payment penalty rate applied is 11.37% per annum.
No discount is granted for early payment.
Methods of payment:
Bélana Croisières accepts inter-bank transfers and cheques drawn exclusively on a bank branch domiciled in France.
Article 6. Prices
Prices are expressed in euros, exclusive of tax or inclusive of all taxes.
Article 7. Regulations Governing the Cruise and Access to the Boats
Bélana Croisières will do everything possible to ensure the smooth running of the service under the conditions agreed at the time of booking. In no case may Bélana Croisières be held liable or required to provide any compensation or refund in the event of a modification of the itinerary, the timings or the duration of a cruise due to force majeure or to instructions given by the navigation authorities, or due to the guests (illness, lateness, etc.).
Guests must present themselves at the boat’s point of embarkation no later than
thirty minutes before the cruise departs. If a passenger is unable to embark due to lateness, no right to a refund shall be granted.
Furthermore, Bélana Croisières reserves the right to reduce the cruise meal by a time equivalent to the delay caused by the passenger.
The internal rules governing the conduct of the service are determined by the following obligations:
- On board, each passenger must comply with the instructions of the boat’s staff in the interest of the safety of navigation and of order on board.
- The Client and the passengers proceed to the upper deck or any open-air areas of the boat at their own risk: they expressly waive all recourse against the provider for any material, bodily or immaterial damage arising from the acts of third parties or from equipment external to the boat.
- Appropriate attire will be required for catered cruises. Bélana Croisières reserves the right to refuse access on board to any person or group of persons whose behaviour is judged and deemed inappropriate.
- No animal, nor any equipment liable to prove dangerous to the passengers, the boat, the staff or third parties, shall be admitted on board.
- Access to the wheelhouse, the kitchens and the engine area is strictly prohibited.
- Bélana Croisières may in no case be held liable in the event of theft of or damage to clothing, luggage or other personal effects.
- Bélana Croisières reserves the right to invoice the Client for any damage to equipment caused on board by the Client or by a member of their group.
- The provider may not be held liable for damage caused to vehicles and their contents parked in the car parks or spaces located near the designated point of embarkation. The same applies to losses or damage caused to clients on the embarkation or parking areas, or any other location within the public domain.
- The Client is solely responsible for the conduct and actions of their guests and of the providers they may have chosen themselves (caterer, entertainment, etc.). The provider shall in no case be liable for the consequences, for themselves or for third parties, of the consumption of alcoholic beverages by one or more passengers. The Client or their representatives expressly waive all recourse against the provider and guarantee the observance of this waiver of recourse on the part of their guests and/or their own providers. This provision is an essential element of these General Terms and Conditions of Sale.
In general, the provider declines all liability in the event of the Client’s non-observance of these general terms and conditions of sale, of the general and specific police regulations, and of the provider’s internal rules, without prejudice to the damages it may claim by reason of the damage and loss it has suffered as a result of such non-observance.
Article 8. Complementary External Services
Bélana Croisières organises the entertainment. Should the Client wish to organise this part of the service themselves, they must provide Bélana Croisières with the following documents:
a quote or invoice from the provider, or the prior declaration of employment of the performers;
a valid third-party liability (RC) insurance certificate;
proof of the declaration made to SACEM and of payment.
Providers or performers will be refused access to the boat if the documents mentioned above are not produced no later than 8 working days before the service.
Article 9. Competent Jurisdiction and Applicable Law
Any complaints relating to the conduct of the service must be brought to the provider’s attention in writing by registered letter and within 2 working days of the performance of the service.
In the event of a dispute or contestation, the Courts of Paris shall have jurisdiction; and for commercial disputes alone concerning the charter contract or a navigation incident, these shall fall exclusively within the jurisdiction of the Paris Arbitration Chamber.