General Terms And Conditions Of Sale for cruises of the society des Vedettes de Paris (here in after "VDP")

GENERAL TERMS AND CONDITIONS OF SALE

Cruises open to the general public

1. Definitions

When used in these General Terms and Conditions of Sale (hereinafter referred to as the “GTCS”) or in connection with the performance hereof, the following terms shall have the meanings set out below:

“VDP” means the French simplified joint stock company (“société par actions simplifiée”) VEDETTES DE PARIS, registered in the Paris Trade and Companies register under number 490 628 955, having its registered office at Port de Suffren – 75007 Paris ; info@vedettesdeparis.com

“Customer” means the consumer or non-professional party ordering the Services under these GTCS;

“Service(s)” means the various cruises open to the public and associated services organized by VDP and ordered by the Customer from VDP under these GTCS.

2. Purpose and scope

By booking or purchasing a Service, the Customer automatically and unreservedly agrees to these GTCS. VDP makes these GTCS available on its website so that the Customer can read them before making a booking. These GTCS are liable to be updated. The applicable version on the date of Service is the version in force on the order date.

Bookings, ticket purchases and the provision of Services are subject to these GTCS, which set out the parties’ full rights and obligations and take precedence over any document, prospectus or advertisement issued by VDP or the Customer, which are not enforceable against VDP.

These GTCS only apply to cruises open to the public;

If you wish to make a booking for a private event, please refer to the Special Terms and Conditions of Sale for private events.

If any clause within the contract is deemed unlawful, invalid or unenforceable, the remaining contractual clauses shall continue to apply.

Failure by VDP or the Customer to exercise any of the rights conferred upon them in the Contract shall not be interpreted as a waiver by either party of the option to exercise such right in the future.

3. Booking or Ticket Purchase

Cruise tickets can be purchased online on the VDP website, in person at the on-site ticket offices located on VDP’s premises, or from authorized resellers.

All passengers must have a cruise ticket, including children traveling free of charge (infants aged 0-3). ‘Infant’ tickets can be purchased online under the ‘Guided cruise’, ‘Paris with Kids cruise’ and ‘Musical Aperitif cruise’ sections, at the ticket office and from our resellers. Children under the age of 4 are considered ‘infants’. The ‘child’ rate applies to children aged 4 to 11. The ‘adult’ rate applies to all passengers over 12 years of age. Passenger ages may be checked upon boarding, and boarding will be denied if the ticket price does not correspond to the person’s age at the time of the cruise.

Bookings for Services or ticket purchases are only deemed final once VDP has received full payment for the Service purchased, and (i) written confirmation has been emailed to the Customer, for online purchases, or (ii) the ticket has been issued, for purchases made at the ticket office.

For tickets purchased at the VDP ticket office: a screen will display a summary of the Customer’s order with the total amount due. Once the Customer has double-checked the ticket amounts, they will be asked to pay for the entire order using one of the accepted payment methods. A receipt is issued upon request.

For tickets purchased on the VDP website: Online payment is handled by a secure payment system, enabling the Customer to pay for their order in keeping with the terms set out in Article 4 hereof. The Customer must first check the box confirming that they have read and accepted these GTCS. Once payment has been made, VDP will send the Customer an order confirmation and ticket to the email address provided by the Customer when placing the order.

If the Customer does not receive the tickets, they must contact VDP using the contact details provided in Article 1 of these Terms and Conditions, so that a confirmation email containing the tickets can be resent. Under no circumstances shall VDP be held liable if the Customer does not receive the confirmation email due to the Customer entering the wrong contact details.

The digital records securely stored in VDP’s IT systems shall be considered proof of contact, orders and payments between the parties, and may be used as evidence.

For tickets purchased on an authorized reseller’s website: the Customer shall comply with the requirements of the reseller’s online sales system. As with the VDP website, they will receive a purchase confirmation and their tickets by email or via a dedicated application.

If the Customer does not receive the tickets, they must contact the reseller so that a confirmation email containing the tickets can be resent. Under no circumstances shall VDP be held liable if the Customer does not receive the tickets.

The Terms and Conditions of Use apply to all passengers, regardless of where their tickets were purchased, and can be viewed on our website www.vedettesdeparis.com.

The applicable date or validity period is printed on each e-ticket issued. Fixed date e-tickets are refundable up to 24 hours before the start of the activity. Flexible date e-tickets, which are valid for one year, are non-refundable. Any vouchers the Customer wishes to use will only be accepted if they have been issued by an intermediary approved by VDP. Tickets purchased on site at the VDP ticket office are only valid on the day of purchase.

Cruises open to the public require a minimum of 10 passengers and may only carry passengers up to the boat’s regulatory capacity.

For groups of 15 or more people, the Services cannot be purchased directly online, and must be requested from VDP by using the contact details provided under the ‘Contact’ section on the VDP website. VDP will provide a quote including the total booking amount, date and booked time slot. Bookings are mandatory and will only be accepted after VDP has received  confirmation from the Customer (no later than eight (8) days before the date of the Service) by any written means (for which VDP will acknowledge receipt) and payment of the flat-rate deposit applicable to groups, equal to 50% of the booking amount. The remaining balance for the Service must be paid by the Customer when arriving on site, before boarding at the latest. An invoice will be issued the day following the Service. The Customer acknowledges that failure to pay the price (deposit and remaining balance) by the exact deadlines specified in these GTCS will result in the contract being terminated automatically at the Customer’s expense, and the Services shall be deemed to have been canceled by the Customer pursuant to Article 5.2. Under no circumstances shall VDP be held liable if all or some of the group is refused boarding, due to the boat exceeding its regulatory capacity.

VDP reserves the right to refuse boarding to minors under the age of 16 who are not accompanied by adults. Cruise options including alcoholic beverages are reserved for passengers over 18 years of age. VDP reserves the right to verify the age of individuals at the bar and to refuse to serve alcohol to anyone who is underage. A non-alcoholic beverage will be offered as a replacement, without any other compensation.

When making a booking, passengers with reduced mobility are encouraged to contact VDP for information on boat accessibility and arrival times prior to boarding.

4. Price and payment

The prices charged by VDP are listed in euros, including all taxes, and are set based on the pricing conditions in force on the date the order is placed, as displayed at the ticket office, on VDP’s premises, or on the VDP website.

Prices are subject to VAT. Prices may be revised by VDP at any time and without prior notice. Prices will be automatically adjusted in the event of new or revised applicable taxes or charges.

Payment may be made (i) at the ticket office in cash (within the regulatory limit), or by credit card or gift cards accepted by VDP, and (ii) online by credit card or any other payment method accepted by VDP.

Customers paying by credit card agree to use a card held in their own name. VDP shall not be held liable in the event of fraudulent use of a bank card. Online payments are made through a secure system that uses the SSL (secure sockets layer) protocol, so that the information transmitted is encrypted by software and no third party can access it during transmission over the network.

5. Cancellation

5.1 Withdrawal period

The Customer is informed that, in accordance with Article L. 221-28, 12 of the French Consumer Code, Services (leisure activities and/or catering) to be provided on a specific date or during a specific period are not subject to a right of withdrawal.

5.2 Cancellation by the Customer

All purchases made at the VDP ticket office are final, non-cancellable, due, non-exchangeable and non-refundable.

Any booking (fixed date) made on the VDP website may be canceled free of charge no later than 24 hours before the beginning of the service. Requests for cancellation must be emailed to info@vedettesdeparis.com. The date and time of the email shall be considered proof.

From 24 hours before the start of the service, all bookings are final, non-cancellable, due, non-exchangeable and non-refundable.

Any flexible date ticket ordered, valid for one year and without a specific date of service, is final, non-cancellable, due, non-exchangeable and non-refundable.

In the event of a cancellation of a group booking for 15 or more people at least 24 hours in advance, any amounts already paid as a deposit will not be refunded but will be used as a deposit for a new booking. The new booking date cannot be later than 3 months after the original booking date. Beyond 3 months, the amount already paid will be retained by VDP, and no compensation will be granted. If cancellation occurs less than 24 hours before the booked cruise or if the group does not arrive on time for boarding, the amount already paid will be retained by VDP without compensation.

Any partial or total interruption attributable to the Customer of any of the Services shall not give rise to any refund or compensation.

5.3  Cancellation by VDP

Given that cruises are subject to the rules applicable to inland navigation and that access to the boarding dock may be prohibited by the relevant authorities, VDP reserves the right to determine whether or not the river is navigable and to alter the Services (in particular with regard to the itinerary, duration, timetable, boat, etc.) or to cancel the Services at any time, without notice or compensation, including on the day of departure, in accordance with the above-mentioned rules or in the event of (but not limited to) a pandemic, terrorist acts or threats, river flooding, floods, bad weather, storms, instructions handed down by the authorities (government decision, prefectural order, etc.), mechanical incidents and, in general, any event outside VDP’s control and/or likely to jeopardize the safety of the Customers, persons and property transported.

If VDP cancels a cruise for any reason whatsoever, in particular in the cases referred to above, the Customer shall be entitled, to the extent possible as assessed by VDP, to replacement of the Service not provided by VDP with an equivalent service and, failing that, to termination of the contract and reimbursement of amounts already paid.

5.4 Postponement

For groups and for online purchases of fixed date tickets, in case of a request for postponement by the Customer, and depending on availability, VDP shall make every effort to postpone the Service to a date acceptable to the Customer; the feasibility of the postponement remains at the discretion of VDP, which shall not be bound by any obligation to achieve a specific result. If the booking cannot be postponed, the Customer shall have the choice between retaining the selected Service date or canceling the booking, under the conditions set out in Article 5.2.

5.5 Combined tickets

VDP sells combined tickets, comprising a combination of a VDP Service and a service provided by a partner. The Customer agrees that for the purchase of combined tickets, VDP shall only be responsible for the performance of its own Services and shall in no way be liable for any damage caused by the performance or non-performance by the partner of its own services. As such, if the partner is unable to perform its own service, VDP shall not be required to refund the Customer for the partner’s service.

6. Regulations applicable to cruises

VDP agrees to take the appropriate measures to ensure that cruises run smoothly, in keeping with the terms and conditions specified in the booking, and represents that it has taken out the necessary insurance coverage for the performance of its activities.

The passenger or entire group of passengers must arrive at the VDP boarding dock no later than 20 minutes before the scheduled departure time.

If the passenger or group of passengers arrives less than 20 minutes prior to departure or after the boat has left, they may be permitted to join the next boat scheduled to depart, depending on availability, without being entitled to any refund or compensation.

The Customer shall refrain from consuming food or beverages not sold on board during the Service. VDP sells food and beverages on board. Depending on the type of ticket purchased, food and drinks may be included in the ticket price or must be paid for on site. The Customer acknowledges and agrees that the sale and consumption of alcoholic beverages is prohibited for passengers under the age of eighteen (18) and VDP shall not be liable in any way for the consumption of alcohol on board by a minor. VDP or its service provider reserves the right to refuse to serve alcohol to passengers who cannot prove their age, without this giving rise to any refund or compensation.

VDP reserves the right to refuse boarding or to request the disembarkation of passengers whose behavior (e.g., intoxication, aggressive or antisocial behavior) is liable to disrupt the smooth running of the cruise and/or the safety or integrity of the boat. No animals (excluding guide dogs accompanying visually impaired passengers) nor any equipment that, in the crew’s opinion, could be dangerous to staff or passengers will be permitted on board.

All inside and outside areas of our boats are non-smoking. The presence of flames or gas is strictly prohibited on all boats.

From the moment passengers are invited to board the boat, they must strictly comply with the instructions and safety guidelines set out in the safety pack and/or provided by the boat’s crew, and must ensure their own safety and that of any persons in their care and/or any property (clothing, luggage, and other personal effects) that they own, are in possession of, or are responsible for. In particular, passengers are prohibited from entering unauthorized areas of the boat, including the engine room and the helm.

7. Liability – Insurance

The Customer shall be liable for any property damage or bodily injury incurred by VDP and/or third parties as a result of their actions or resulting from an act committed by them and, in general, by any person for whom they are responsible (accompanied minors, members of their group, etc.). VDP reserves the right to charge the Customer for any property damage caused on board, either by the Customer or by a member of their group.

VDP declines all responsibility and shall not be held liable for any compensation in the event of:

• Loss, theft, or damage to passengers’ clothing, carry-on luggage, and other personal belongings;
• Failure by the Customer and/or their group to comply with these GTCS and general and specific police regulations, without prejudice to any damages it may claim for the loss incurred due to such non-compliance;
• Changes to schedules, itineraries, boats, and/or cruise durations due to a case of force majeure or any of the circumstances set out in Article 5.3, or due to directives handed down by the navigation authorities.

In the event that VDP is held liable, only persons holding a valid ticket issued by VDP may be entitled to compensation.

VDP represents that it holds civil liability and P&I insurance with an insurance company.

8. Personal data

The personal data provided by the Customer to VDP is necessary for processing requests, performing the Service, and issuing invoices. Such data is processed by VDP as data controller. It may be shared with VDP’s partners responsible for the performance, processing, management and payment of Services. VDP hereby undertakes to comply with the laws and regulations applicable to personal data protection, in particular EU Regulation 2016/679 of April 27, 2016 (the “GDPR”) and French Law No. 78-17 of January 6, 1978, as amended by Law No. 2018-493 of June 20, 2018.

Should you have any further questions about the privacy policy or how VDP processes personal data, please contact the data protection officer at the following address: info@vedettesdeparis.com

9. Complaints – Mediation

Complaints of a commercial nature or relating to the quality of the Services provided must be sent by registered letter with acknowledgment of receipt to VEDETTES DE PARIS, Port de Suffren 75007 Paris, no later than 15 days following the date on which the Service was provided. Complaints will only be considered by VDP if the grievances raised were reported on site, so that such grievances can be remedied and any loss the Customer may invoke may be limited.

In accordance with Articles L.611-1 et seq. of the French Consumer Code, VDP offers its Customers effective access to alternative dispute resolution procedures.

The proposed alternative dispute resolution entity is the Centre National de Médiation des Avocats (National Center for Mediation by Lawyers). If VDP is unable to resolve a dispute via its internal complaint handling procedure, or if the consumer is not satisfied with the solution provided by the internal complaints department, and if the consumer’s complaint dates back less than one year, they may submit their complaint to the National Center for Mediation:

• by mail:  108 bd Haussman 75008 Paris.
• online: https://cnma.avocat.fr/

10. Governing law and courts with jurisdiction

In the event of a dispute relating to these GTCS and the cruises and related Services they govern, the parties hereby agree that French law shall be solely applicable. Disputes between VDP and its Customers registered in the Trade and Companies Register shall be heard by the Paris Commercial Court. In case of a dispute between VDP and a Customer (consumer), in accordance with Article R. 631-3 of the French Consumer Code, the Customer may bring the matter before either (i) one of the courts with territorial jurisdiction under the French Code of Civil Procedure, or (ii) the court with jurisdiction in their place of residence on the date the contract was signed or the triggering event occurred.

11. Disputes

In case of a dispute relating to these General Terms and Conditions of Sale and to the cruises and related Services they govern, unless another jurisdiction is expressly designated by the parties, the French courts shall have sole jurisdiction, and French law shall be solely applicable. Disputes between VDP and its Customers registered in the Trade and Companies Register shall be heard by the Paris Commercial Court.