Terms of sale
ARTICLE 1 - ABOUT THE SITE www.benjihorizonvoile.com
The site www.benjihorizonvoile.com is in the single member company BENJI HORIZON-VOILE SARL, with a capital of 1,000.00€, whose headquarters are located 32, avenue Bernard Percevault - 86100 CHATELLERAULT - RCS Poitiers No. 532482866 - Manager: Mr. Benjamin BIDEAU-Tondusson.
The website www.benjihorizonvoile.com provides navigation services on board the vessel BENJILEA II.
Photographs, images, or descriptions presented on the site www.benjihorizonvoile.com have an indicative value and are not contractual.
ARTICLE 2 - ABOUT THE SHIP BENJILEA II
- The Ship BENJILEA II is a ship equipped for navigation within 20 miles of the coast.
- Type : Dufour 40
- Year built: 2004
- Number of berths: 6
- Design Category A, B, C, D
- Equipped Class A for 8 people, class B for 8 people, class C for 8 people, class D for 12 people.
- Port: La Rochelle
- No registration: LR 930747G
- Captain : Benjamin BIDEAU-TONDUSSON
ARTICLE 3 - DEFINITIONS
Each time they are used as part of these Terms and Conditions, the following terms have the following meanings:
- « Website » means the website www.benjihorizonvoile.com.
- « We »: the company BENJI HORIZON VOILE
- « You » or «Purchaser»: means any person placing an order for delivery via www.benjihorizonvoile.com website.
- « Vessel »: the ship BENJILEA II
- « Delivery »: the provision of navigation on board BENJILEA II sold on the site www.benjihorizonvoile.com
- « Order »: means any reservation of navigation service made and validated by you on the site www.benjihorizonvoile.com.
- « Passenger »: means any person who is not a member of the crew aboard the ship BENJILEA II.
- « Ticket » is for boarding the BENJILEA II that we give to you upon confirmation of acceptance of your order on the website www.benjihorizonvoile.com
ARTICLE 4 - APPLICATION
These Conditions of Sale apply, without restriction or reserve, to all sales made via LLC BENJI HORIZON VOILE with people wishing to book navigation services on the Site www.benjihorizonvoile.com.
The validation of the order by the Buyer is unconditional acceptance of these Terms and Conditions.
These Terms and Conditions are available at any time on the Site and prevail, if required, over any other version or any contradictory document.
Unless proved otherwise, the data recorded on the Site constitutes proof of all transactions.
We invite you to read these Terms and Conditions carefully. We recommend that you download and / or print and keep a copy. We also recommend that you read the Terms and Conditions on each visit to the site, since they can be changed.
Changes to these Terms and Conditions are binding for users of the site www.benjihorizonvoile.com from the moment they are on line and may not apply to transactions concluded before.
ARTICLE 5 - ORDERS
5.1 - Conditions for placing orders:
Offers of services can be accepted within the limits of available places on the ship. The information on the availability of services is provided at the time of placing the order.
To order on the www.benjihorizonvoile.com Website you must be of age and have the capacity to enter into contracts.
You are financially responsible for using the Site whether on your behalf or on behalf of third parties, including minors, except to report evidence of fraudulent use resulting from any fault or negligence on your part.
You guarantee the accuracy of information you provide when ordering.
5.2. Procedure for placing orders:
- Step 1: Customer Information sheet: The first time you order on the website www.benjihorizonvoile.com, you must fill out an information sheet.
- Step 2: Booking. You select a date for the service, and the number of passengers with you. After selection, the price inclusive of your order will be displayed.
- Step 3: Registration and checkout. The recap of your order appears after having read and accepted these Terms and Conditions and then you will submit your order by clicking the button. "Command (or validate)."
- Step 4: Payment and confirmation of the order (see article 6 below)
- The sale shall be considered final only after we have confirmed acceptance of your order by email and once you have paid what is due when placing the order under the conditions defined in Article 6 the terms and conditions of sale.
- An e-mail confirmation of your order will invite you to print the ticket(s) that you must show when boarding.
Any amount paid by you when placing the order is due. No refund will be made if cancellation of an order is requested by the Buyer.
By applying Article L. 121-20-4 of the Consumer Code, the services offered on the Site are not subject to the Right to Cancel provided for in Articles L 121-20 of the Consumer Code on distance selling.
ARTICLE 6 - PRICE - PAYMENT TERMS
6-1 - Price
Our prices are expressed in euro and VAT included.
6-2 - Payment terms
If the price of the order is equal to or higher than 400 euros and the order was placed at least two months before the date of the service (cumulative conditions):
- Payment of a deposit of 50% of the price of the service on the day of placing the order,
- And payment of the balance due no later than one month before the date of the service.
In all other cases, the price of the service is to be paid in full at the time of placing the order.
All payments are payable by you for services ordered on the website www.benjihorizonvoile.com and are to be made directly on the site.
Payments are secured through PAYBOX system.
Thus, banking information concerning the Buyer (credit card number and expiration date) is encrypted by the system PAYBOX then processed by our financial partner: CREDIT AGRICOLE Bank.
Payments by bank card will be debited following confirmation of the acceptance of your order.
In case of non-compliance with payment terms listed above, we reserve the right to suspend or cancel orders.
ARTICLE 7 - CONDITIONS FOR BOARDING
7.1. The only persons allowed to board the ship
- Persons of age, possessing a valid ticket
- Minors possessing a valid ticket and accompanied by an adult who is legally responsible.
- In addition: Pets are not allowed on board the Vessel. Only light and compact hand luggage is allowed on board the ship.
7.2. We can refuse boarding:
To any person who does not meet the conditions referred to in paragraph 7.1 above. Pregnant women, when there is a risk of premature birth near the end of pregnancy. People in a state of intoxication or showing obvious signs of narcotics use. A person who, by his conduct may cause any disturbance to the peace of the other passengers or to the quality of the service provided.
In all these cases, any person who is denied boarding will not be refunded the amount paid for the service.
It is not recommended for people suffering from travel sickness or seasickness to board.
If you have a health problem, please let us know and consult your physician before placing an order.
ARTICLE 8 - SAFETY
Customers will be informed about safety instructions upon embarkation
ARTICLE 9 - CANCELLATION OF ORDER
Except in cases of force majeure referred to in Article 12 below, requests for cancellation or denied boarding determined by us for any of the reasons referred to in Article 7.2 of the general conditions of sale shall not give rise to any reimbursement of sums paid by you for the services.
It is for any Buyer who so wishes, to get cover from the insurance company of his choice and at his own expense for risk of cancellation or denied boarding not corresponding to a case of force majeure. In all other cases, and as a cancellation fee, we will retain all the payments made.
ARTICLE 10 - INSURANCE
The Ship and our company are insured:
- Insurance of Ship
- Company: Generali PLAISANCE LA ROCHELLE
- Liability insurance BENJI HORIZON VOILE
- Company: Generali PLAISANCE LA ROCHELLE
ARTICLE 11 - LIABILITY OF PURCHASER
Upon embarkation and throughout the service provided, you are responsible for any damage caused by yourself , by the people on whose behalf you placed an order, or persons or things of which you have custody:
- To the ship, its material and equipment
- To a member of the crew
- To other passengers.
People who suffer from travel sickness or seasickness and who, despite our recommendations, have embarked on the ship, will assume full responsibility. They can not therefore get any early return to port, unless approved by all the other passengers.
ARTICLE 12 - LIABILITY OF BENJI HORIZON VOILE
We will be relieved of our obligation to fulfill the service at the agreed date in any case of force majeure or circumstances beyond our control.
Included and treated as force majeure: storms and other adverse weather conditions, fires and floods and all natural disasters, strikes including any of our staff, shortages of raw materials and energy. Decisions of administrative authorities impeding the performance of the service, or a technical problem making it impossible or dangerous to set sail.
In this case, we will refund the full amount you have paid us immediately and without penalty, unless agreement on your part to conclude a new contract for a new request for our navigation services, replacing the one previously offered.
Moreover, we do not guarantee that the operation of the order service online Site will be uninterrupted, error free or secure. In addition, concerning the process of selling online, we can not be held liable for damages resulting from the use of the Internet, such as: loss of data, intrusion, viruses, its being out of order or unsolicited emails from third parties.
ARTICLE 13 - TRANSFER OF CONTRACT
You can transfer the Contract to a transferee who fulfills the same conditions as you to make the voyage aboard the ship, provided the contract has not produced any effect. In this case, you must notify us within 24 hours before boarding, and specify the name, age and contact details of the transferee.
ARTICLE 14 - RIGHT OF WITHDRAWAL
We remind you that in application of Article L. 121-20-4 of the Consumer Code, the services offered on the Site are not subject to the right of withdrawal provided for in Articles L 121-20 of the Consumer Code for distant sales.
ARTICLE 15 - DATA PROTECTION
In application of the law 78-17 of 6 January 1978, you are reminded that any personal data requested is required to process your order. The processing of the information through the website has been declared to the CNIL. You have, in accordance with national and European regulations a permanent right to access, modify, rectify and oppose as regards any information about you.
ARTICLE 16 - INTELLECTUAL PROPERTY
The content is the property of SARL BENJI HORIZON VOILE and its partners and is protected by French and international laws on intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute copyright infringement.
ARTICLE 17 - APPLICABLE LAW - DISPUTES
Contracts resulting from purchases and sales transactions concluded through the site www.benjihorizonvoile.com are subject to French law. All disputes arising out of such operations are subject to the relevant courts in accordance with ordinary law.
ARTICLE 18 - NOTIFICATION
All correspondence, including any claims that the Purchaser would like to address to the Seller shall be sent to the head office at the address: SARL BENJI HORIJON VOILE - 32, avenue Bernard Percevault - 86100 CHATELLERAULT.
Terms and Conditions established by the Lawyers TEN France
23 rue Victor Grignard - Pole Republic II - 86061 Poitiers Cedex 9