1. Preamble
1.1 Definitions
Seller, we : these terms designate “Aventure Lavande” the commercial name of the sole proprietorship represented by Anthony FRANCK, acting as an individual, 3641 Route de Gréolières 06750 Andon, entrepreneur within the CAE Mosaïque, SIRET 501 196 398 00041, Professional Card 02107ED0055, whose corporate purpose is the teaching of sports disciplines and leisure activities.
Site : refers to the “Aventure Lavande, un retour aux sources!” website (www.aventure-lavande.fr).
Activity : refers to an activity sold on the Site.
Service : refers to the service or product provided by the Seller.
Gift Card : refers to the Gift Card sold on the Site.
Instructor : refers to the qualified instructor(s) supervising the Activities.
Subscriber : refers to the contracting party who has booked a service or product on our Site. The Subscriber may or may not be the Beneficiary.
Beneficiary : refers to the person benefiting from the service or product sold.
Participant : the person taking part in the Activity booked by the Subscriber.
Insurance : Professional Civil Liability Insurance.
1.2 Purpose of the contract
The purpose of these General Terms and Conditions of Sale (GTC) is to define the terms and conditions under which the Seller offers to market its services. Consequently, any registration and reservation by the Subscriber implies their unreserved acceptance of and full and entire adherence to these GSC, which prevail over any other document, unless special conditions are expressly agreed in writing by the Seller. The Subscriber acknowledges having read the GTC prior to placing the order. The Seller reserves the right to modify these GCS at any time by publishing a new version on its Site. In the event of modification, the applicable GTC are those in force on the date of the order.
2. Admissions
The Activities are open to all, subject to meeting the following conditions. Participants are asked to read and accept these safety conditions :
- For canyoning, all participants must be able to swim and immerse themselves without fear of water.
- All participants must bring the equipment indicated in the route descriptions and must wear sports shoes with laces in good condition that protect the feet from impact. Sandals, ballet flats, aquashoes and other light shoes that do not provide sufficient protection for the feet are totally forbidden.
- A little fear of heights is natural, but participants should not be subject to pathological vertigo.
- Participants must not be medically contraindicated for the chosen Activity and must be in good physical condition.
- Participants must meet the minimum age, sporting ability and experience requirements for each Activity.
- At the time of the outing, Participants must be in full possession of their means and not be under the influence of alcohol, drugs or fatigue.
- Children under 12 must be accompanied by an adult.
- Parental authorisation is required for all minors not accompanied by their legal guardian.
- Participants must follow the safety instructions given by the Instructor.
- The Participants accept the risks associated with the natural environment they will be exploring and are aware that the only obligation incumbent on the professional is to use their best endeavours to ensure their safety.
- In the Alpes Maritimes, in accordance with prefectoral decree no. 2016-852, groups are limited to a maximum of 8 people per instructor, with the exception of the Raton canyon, where the maximum number of people per instructor is reduced to 6.
- If a Participant does not have a medical contraindication, but is dependent on special medical care or treatment, or if his/her state of health requires special attention (asthma, diabetes, disability, phobia, recent injury, etc.), the Participant or his/her legal guardian must inform the Instructor before the start of the Activity.
- Activities are not recommended for pregnant women at any stage of pregnancy.
- Activities are not recommended for people with breathing difficulties, cardiovascular problems, pathological obesity, tetany seizures, epileptic seizures, etc…
The Monitor is entitled to refuse a Participant if it deems that the Participant does not meet these admission conditions.
3. Supervision of group activities for minors
The interministerial order of 25 April 2012 implementing article R. 227-13 of the Code de l’Action Sociale et des Familles specifies that canyoning is one of the physical activities requiring special conditions in holiday camps, leisure camps and scout camps. The practice of canyoning may be subject to the provision of either :
- A document certifying the minor’s ability to: jump into the water; float on their back for five seconds; stand upright for five seconds; swim on their stomach for twenty metres; cross a water line or pass under a boat or floating object. This test may be carried out in a swimming pool or at the Activity venue. In the cases set out in the appendix to this decree, this test may be carried out using a safety armband. This document is issued by a person meeting the conditions laid down in 1°, 2° and 3° of the aforementioned article R. 227-13 in the following disciplines: canoeing-kayaking and associated disciplines, white water swimming, sailing, canyoning, sea surfing and swimming or by a person holding the national water safety and rescue certificate.
- A certificate of successful completion of the test common to all swimming federations, meeting at least the requirements defined in 1 above.
- A “savoir-nager” school certificate issued in accordance with article D. 312-47-2 of the Education Code.
The Canyoning Instructor may, prior to the Activity concerned and in addition to the presentation of one of the above-mentioned certificates, test the Participants’ aquatic fluency under the conditions of practice.
According to appendix 4 of the interministerial order of 25 April 2012, for minors under the age of 12, the activity is limited to canyons with a maximum rating of v2 a2 EII in reference to the technical classification standards of the French Mountain and Climbing Federation. The downstream section of the Ruisseau d’Audin, rated v2 a2 EII, is therefore accessible to under-12s in group accommodation for minors.
Annex 4 also states that each group of minors must be accompanied by at least two adults.
According to prefectoral decree No. 2016-852, any group of participants may not exceed 8 people, not including supervisors. The term “supervisor” should be understood to mean any person working professionally or on a voluntary basis who holds a canyoning qualification. In other words, if the person accompanying the group of minors is not qualified to supervise canyoning, the group may not exceed 8 people, including the accompanying person(s).
According to Circular no. 99-136 of 21 September 1999 on the organisation of school outings, canyoning, which presents particular risks, must not be practised in nursery and primary schools.
4. Registration and booking
Before registering, the Subscriber must be aware of the different levels of difficulty of the Activities, the minimum age, the sporting abilities required, the experience required and the information given in the description sheet for the activity in question.
In the case of group bookings or bookings for several people, the Subscriber undertakes to make these General Terms and Conditions of Sale and the description of the Activities chosen known to and approved by all the Participants. The Subscriber also undertakes to provide each Participant with all the practical and logistical information required for the Activity to run smoothly.
In the case of a group or registration for several people, the Participants must consult each other to agree on a level of difficulty and a route in line with their wishes and abilities, so as not to put anyone in an uncomfortable situation.
All registrations are made via the online schedules and registration forms. The information shown on the schedules is not contractual.
Once the registration form has been received by the Seller, the Seller will contact the Subscriber as soon as possible. A deposit may be required for groups of up to 8 participants. These deposits are made by bank transfer through our trusted third party Swikly. For groups of more than 8 participants, full payment may be required.
Rental of an on-board camera is optional and subject to availability. This hire will be confirmed and guaranteed when a deposit is validated by the Subscriber. The deposit is made by bank transfer with our trusted third party Swikly.
Full payment for the Activity must be made to the Instructor on the day in accordance with the payment methods accepted and indicated.
5. Prices and payment methods
This price includes supervision by a state-certified instructor and the provision of safety equipment. The prices in force are those displayed on our Site. The Seller reserves the right to modify its prices at any time, while guaranteeing the Subscriber the application of the price in force on the day of the order.
An additional charge may be requested for groups of 1 to 3 people if there is no other Participant during the Activity.
The Subscriber may, on request, privatise an Activity in order to benefit from exclusive supervision. In this case, the Subscriber must pay for all the places available.
Payment must be made in full to the Instructor on the day before the Activity. Payment may be made by cheque or in cash, in which case Participants must provide a deposit.
Payments by credit card, ANCV holiday vouchers or ANCV sports vouchers are not accepted.
6. Price reductions
The promotional offers proposed on the various advertising media are valid only on the current prices indicated on our Site and cannot be combined with other discounts.
7. Deposits and sureties
To guarantee deposits and guarantees, the Seller uses the Swikly trusted third party, which is an extra-secure service. The “Swiks” are a bank card imprint. They are not a payment. The amount requested for the deposit Swik will only be debited under the cancellation conditions indicated. The deposit Swik for the hire of an on-board camera will only be debited if the hired equipment is returned damaged, partially returned or not returned. The costs of the Swikly service are at our expense.
8. Gift card
The Subscriber selects the amount of their choice for the Gift Card. The Gift Card is payable by credit card with our trusted third party Swikly when the order is placed. In accordance with the current French Consumer Code, the Subscriber may exercise his/her right of withdrawal within 14 days of placing the order if no Service has been consumed. After this period, the Gift Card cannot be exchanged or reimbursed. The Gift Card is valid for one year from the date of delivery. Delivery is made by post or e-mail according to the Subscriber’s choice. The Beneficiary of the Gift Card must register in order to participate and is free to choose the Activity when booking. The Gift Card is valid as a method of payment. If the amount of the Gift Card is less than the current price, the balance will be requested from the Participant on the day of the Activity. If, on the other hand, the amount of the Gift Card is greater than the current price, the Participant will be able to benefit from a credit note valid for the same period of time as the one initially subscribed to when purchasing the Gift Card.
9. Rental
Hire of an on-board camera is optional and subject to availability. This hire is valid for the duration of a single Activity. The current price for this hire service is shown on our Site. The Seller reserves the right to modify its prices at any time, while guaranteeing the Subscriber the application of the price in force on the day of the order. This hire cannot be made without validation of a deposit, the amount of which is indicated on our Site. The Beneficiary of this rental will leave directly with his/her photos and videos on a memory card provided by Aventure Lavande. The Hirer is responsible for the equipment hired during the Activity. The deposit will only be debited if the equipment hired is returned damaged, partially returned or not returned.
10. Services
Information concerning routes, timetables, distances and illustrative photos are given for information purposes only. They are part of the current services provided by us, but can under no circumstances be used as a contractual basis.
11. Keeping to appointment times
You will be informed of the meeting time when you make your reservation. For the activities to run smoothly and out of respect for the other participants, we ask you to be on time. If you are more than 20 minutes late, the instructor will not wait, he or she will leave for the activity and your deposit will be deducted. Please allow at least 30 minutes for the journey times indicated by the navigators, as the roads in the Alpes Maritimes are winding and very busy in high season.
12. Theft and damage
It is not advisable to take any items with you on the Activity other than those indicated in the list of equipment requested. Cans do not protect against shocks and are not guaranteed 100% waterproof. As far as possible, valuables should not be left in the vehicles, as the various car parks at the Activity sites are unguarded. Participants are advised to leave their jewellery and valuables at home. The Instructor cannot be held responsible in the event of theft, loss or damage to Participants’ equipment in Participants’ vehicles or in the Instructor’s vehicle.
13. Cancellation policy
13.1 Weather conditions
Only the Instructor is authorised to cancel an Activity if he/she considers that the weather forecast is too bad to carry out the Activity. In this case, you will be free to choose between a full refund or a replacement programme, subject to availability. No reimbursement of mileage costs or allowances can be claimed, even if the cancellation takes place once you are on site.
13.2 Cancellations by the Seller
In the event of unforeseen force majeure beyond our control (road accident, major traffic problem, health problem of the Instructor, etc.), or for reasons concerning the safety of the Participants (excessively high water flow, risk of flooding, bad weather, etc.), or due to a lack of Participants (minimum required of 4 people), we reserve the right to cancel the outings without prior notice or compensation. If none of the Services have been used, you will be free to choose between a full refund or a replacement programme, subject to availability.
If the Participants are more than 20 minutes late, the Instructor will start the Activity and the deposit of 30% of the total amount will be debited from the latecomers’ account.
In addition, and in exceptional circumstances, the Instructor is entitled to refuse a Participant if he/she considers that the Participant does not meet the conditions for admission and that this could lead to a dangerous situation (drunkenness, not knowing how to swim, too weak physical abilities, forgetting to bring the required equipment, etc.). In this case, the activity is due and the Participant will have to pay his/her share in full.
13.3 Cancellation by Participants
All cancellations must be notified by e-mail. If the cancellation is made within 15 days of the date of the Activity, the deposit of 30% of the total amount will be cashed.
For group bookings, if there are fewer Participants than expected, the Subscriber must inform us at least 15 days before the date of the Activity. If this is not done, all places booked will be forfeited.
Refunds will only be made in the event of inability to carry out the Activity as a result of :
- proven injury or illness, on presentation of a medical certificate. This reimbursement only concerns the person named in the said certificate; with the exception of Participants who are minors, who are the responsibility of the accompanying adult concerned.
- car breakdown or accident, on presentation of proof. This reimbursement applies only to the group transported in the vehicle, within the limit of the number of seats in the vehicle.
14. Insurance
For all Activities, the Instructor has Professional Civil Liability Insurance which covers material, immaterial or physical damage caused to third parties as a result of errors, mistakes or negligence. In order to be covered by Professional Liability Insurance, Participants must pay the full amount of the Services BEFORE the Activity. Any information relating to insurance conditions can be provided on request.
However, it is strongly recommended that you are individually insured for damage caused or suffered in the event of incidents or accidents :
- Not directly related to the practice of Activities.
- Not resulting from a fault on the part of the Monitor or a fault in the equipment.
15. Audiovisual Property and Image Rights
Participants expressly accept, without restriction, that their image during the Activities may be used for promotional and advertising purposes on all our media and communication tools, unless they request otherwise in writing by registered letter with acknowledgement of receipt and photo identification. In accordance with the amended French Data Protection Act of 6 January 1978, the Participant has the right to access, modify and/or delete his/her personal data.
16. Information technology and civil liberties
We are concerned about the personal data that may be collected on the Site. We are committed to ensuring that such data is collected in compliance with the French Data Protection Act of 6 January 1978, as amended. Personal data is collected solely for the purpose of: processing registrations and bookings, tracking orders, ensuring the correspondence necessary for the smooth running of the Activity, carrying out surveys for statistical purposes, measuring the audience and combating fraud. The data collected on the Site is exclusively for our use and will not be transmitted. We undertake not to use this information for purposes other than those mentioned above. The collection of personal data and its use to process orders and compile customer files is subject to the consent of the person concerned. In accordance with the amended French Data Protection Act of 6 January 1978, the Subscriber has the right to access, modify and/or delete personal data concerning him or her. The Policyholder may exercise this right by writing to us, stating his/her surname, first name and address and the purpose of the request.
17. Intellectual property rights
The elements reproduced, in particular the trademarks, illustrations, images, logos and photographs on the Site are the exclusive property of the Seller and are protected by copyright and trademark law. Any total or partial reproduction, modification or use of these trademarks, illustrations, images, logos and photographs for any reason and on any medium whatsoever, without the Seller’s express prior consent, is strictly prohibited.
18. Quality and environmental ethics charter
We are very concerned about the satisfaction of our customers and we will do everything in our power to ensure that each Participant keeps good memories of our Activities. We are also very attentive to the impact of our activity and we undertake to respect the charter of good conduct published by the Commission Canyon Inter-fédérale, the recommendations of the Département des Alpes Maritimes and the legislation in force.