Terms & Conditions – Individuals

GENERAL TERMS AND CONDITIONS FOR CARRIAGE OF THE UNION DES BATELIERS ARCACHONNAIS

I / GENERAL TERMS

The present general terms and conditions are applicable to maritime carriage provided by the UNION DES BATELIERS ARCACHONNAIS organisation, a listed on the tour operator register of ATOUT FRANCE under the number IM 033120029, headquartered at: 76 Boulevard de la Plage, 33120 ARCACHON. These terms and conditions apply to all vessels and itineraries, regardless of the port of departure or arrival, operated by the UNION DES BATELIERS ARCACHONNAIS. All maritime transport service provisions by the vessels operated by the UNION DES BATELIERS ARCACHONNAIS are governed by the laws and decrees of 18 June 1966, 3 January 1967, 21 December 1979, 23 December 1986 and 1 December 1988, and by the related decrees. 

I / General terms

II/ Acceptance of terms and conditions of sale

III/ Travel fares

IV/ Schedules

V/ Bookings / Modifications / Cancellations / Refunds

VI/ Payment means

VII/ Safety recommendations

VIII/ Disabled passengers

IX/ Accompanied /non-accompanied children

X/ Animals

XI/ Transporter liability

XII/ Limitation of liability

XIII/ Passenger baggage and personal property

XIV/ Claims

XV/ Jurisdiction

II/ ACCEPTANCE OF TERMS AND CONDITIONS OF SALE

The present terms and conditions of sale apply to all products sold by the UNION DES BATELIERS ARCACHONNAIS organisation and to all bookings made by a travel professional or a customer (hereafter referred to as the ‘Passenger’).

Bookings are governed by the terms and conditions of sale in effect on the day of booking. 

According to the types of service provision sold, special conditions may be applicable. 

The Passenger declares the ability to enter into the engagements of the present terms and conditions, i.e. is of legal age and is under neither guardianship nor curatorship.

The Passenger and accompanying persons purchasing a ticket and travelling on the vessels of the UNION DES BATELIERS ARCACHONNAIS acknowledge they have read the present terms and conditions of sale and accept without reservation on their behalf, that of their descendants or beneficiaries, the present clauses and transport provisions, including those in the event of the sale of particular service provisions.

All Passengers declare knowledge of these terms and conditions and failing this, there shall constitute be an irrefutable presumption in favour of the company, whose liability cannot be extended beyond the present terms and conditions. 

In all cases, Passengers undertake to abide by the rules established by the Company on board the vessels and to follow the orders of their Captains and representatives. 

All bookings entail the Passenger’s full acceptance of the general terms and conditions of sale of the UNION DES BATELIERS ARCACHONNAIS.

The text of the present terms and conditions of sale may be obtained on request from the Company headquarters. 

These terms and conditions are cumulative.

III/ TRAVEL FARES

All prices are indicated in euros. 

All Passengers, regardless of age, must hold a ticket (including Passengers entitled to gratuity), which must be conserved until the end of the service provision. Passengers may be required to present their ticket for inspection during disembarking. 

Passengers entitled to special fares (resident fare) must present supporting documents when purchasing a ticket, during boarding or any form of inspection.  Failure to produce supporting documents will result in the payment of the service provision at full price.

Travel fares must be paid in full, before each departure, according to the prices in effect.  Travel fares are to be considered as definitively acquired and will not be refunded under any circumstances except those set out hereafter. 

Fares include user charges, port fees, VAT and TPM (tax in effect since 01/06/1997 for maritime passengers travelling to nature reserves). 

The Company reserves the right to modify fares at any time, in line with economic circumstances (fuel costs) or changes in tax rates (VAT, TPM, port fees and user charges, etc.).

Duplicates will not be issued in the event of ticket loss or theft, etc.  The Passenger is required to purchase another ticket.

IV/ SCHEDULES

Regarding excursions, all departures require a minimum of 10 persons.

The Company will not be held liable for changes to the schedules or itineraries, for delays, diversions or cancellations of a departure due to an event of force majeure, unforeseen events, damage, poor weather conditions, strikes, exceptionally high passenger numbers or other events.

The Company will not be held liable for consequences due to such events or for direct or indirect expenses incurred (hotel accommodation, catering, transport, etc.) as a result of these events.

The cancellation of the transport contract will come into effect without compensation for any Party, in the event of an occurrence which is not attributable to the carrier, an event of force majeure, or an unforeseen or other event which results in a modification of the schedule or cancellation of the departure. 

The Company undertakes to do its utmost to carry passengers with due diligence on the scheduled itineraries.

The Captain may modify or cancel the itinerary or a stopover scheduled on the ticket, if they alone deem it necessary for safety reasons or to provide assistance in saving human lives or property.  In this regard, scheduled departure and arrival times, itineraries and stopovers may be modified without prior notice and without entitling the Passenger to invoke any form of resulting prejudice in order to obtain compensation.

V/ BOOKINGS – MODIFICATIONS – CANCELLATIONS – REFUNDS

V – A/ Bookings

Booking of a ticket is free of charge, but will not be confirmed until full payment of the ticket price has been made. 

Passengers are advised to book as early as possible.

The following payment means are accepted for bookings:

-credit card,

-cheque,

-holiday vouchers,

-cash.

If the payment or cashing-in of the booking cannot be made in the conditions set out, the UNION DES BATELIERS ARCACHONNAIS will consider the customer has cancelled their booking.

Bookings can be made:

-On the Company’s internet site: www.bateliers-arcachon.com

-At the Company’s points of sale,

-At Company-approved points of sale.

Tickets are issued upon full payment only.

Passengers are advised to be present for boarding 15 minutes before the departure of the vessel.  Last-minute boarding is possible, depending on the available capacity. 

V – B/ Modifications

Full price single ticket: Modification is free of any charge up to the day before departure, depending on the available capacity.

The present conditions do not apply to bookings made for:

– 14 July and 15 August fireworks display

-Gourmet Trips (Dining cruise/Tasting platter)

-Fishing in the Bay.

If  the ticket cannot be used on the date and time scheduled due to an event of force majeure, ticket holders should go, on the day in question, to the point of sale or the booking centre (76 Bd de la Plage, 33120 ARCACHON). If a request is made after the day scheduled, ticket holders may be able to exchange their unused ticket for a similar excursion at a later date, depending on available capacity.

V – C / Cancellations and refunds

Ticket booth staff are not authorised to make refunds.

A modified ticket will not be refunded.

In the event of cancellation of an excursion, requests for refunds must be made by recommended letter with acknowledgement of receipt and with supporting documents to the following address: UNION DES BATELIERS ARCACHONNAIS

76 Boulevard de la Plage

33120 Arcachon

Single passenger ticket:

-Note: If the total or partial cancellation results in an insufficient number of passengers on board the vessel, the Company may cancel the service provision in full.  The provisions of the clauses above are applied.

VI/ PAYMENT MEANS

The Company accepts the following means of payment:

-Cheque

-Credit card, except American Express

-Bank transfer

-Cash,

-ANCV holiday vouchers.

The handling of a booking is conditional upon reception of payment by the UNION DES BATELIERS ARCACHONNAIS.

For bookings made online by credit card, the Passenger must print or display the e-tickets on their smartphone; Passengers must check in at the pier 15 minutes before departure, and may be asked to provide proof of identity.

All tickets may be purchased from the booths, tickets for immediate departure will depend on the available capacity.

VII/ SAFETY RECOMMENDATIONS

To ensure your safety, the Company requests that you bear in mind the specific behaviour of a sea-going vessel, which is subject to motion. You are advised to limit your movements on board the vessel, or to request help from the crew.

Children under 18 travel under the responsibility of their parents and may not move around the vessel unaccompanied.

Adults must ensure that children under their responsibility do not run on board, climb on the guardrails, cabinets, seats or life-saving devices.

You are reminded that smoking is forbidden on board.

Passengers on board are subject to the Captain’s authority, and that of his representatives. In this regard, Passengers must abide by the regulations and instructions displayed or given during boarding, disembarking, the crossing or the excursion.

Company agents or the Captain of the vessel may refuse access on board to any person whose behaviour threatens to disturb public order, the safety of other passengers, or of the vessel.

Passengers must show due respect to Company agents and vessel crews.

Passengers are reminded that it is forbidden to consume alcohol or drugs on board, under penalty of prosecution. 

The consumption of alcohol sold on board (Gourmet Trip, ‘Côte d’Argent’ service offers) is authorised.

VIII/ DISABLED PASSENGERS

The Company is certified to welcome disabled passengers. However, in certain conditions, access on board is not always possible (harbour facilities non-accessible for safe boarding or disembarking, the size of the vessel, access gate sizes making boarding physically impossible, the number of manual and/or electric wheelchairs, etc.)

We recommend contacting our office 72 hours in advance in order to confirm boarding arrangements.

IX/ ACCOMPANIED /NON-ACCOMPANIED CHILDREN

Minors travel under the supervision and responsibility of their parents or accompanying adult.

The Company may refuse access on board to children under 14 years of age travelling alone.  Nevertheless, non-accompanied minors under 14 may be accepted on board with the Captain’s consent.

An adult must accompany the minor during boarding.

X/ ANIMALS

Dogs and cats are accepted on board our vessels, except for the following service provisions: Dining cruise/Tasting Platter, Fishing in the Bay, 14 July and 15 August fireworks display, Excursions and shuttles to the Banc d’Arguin.

Animals travel free of charge and under the responsibility of their owners.  Animals are accepted on a leash, in accordance with the regulation in effect, or in a carrier, and are not guaranteed against loss, illness or death.

Transport of animals other than dogs and cats is subject to authorisation from the Company.

The Captain of the vessel may refuse access to any animal if he considers the animal presents a risk or a danger to the safety of other passengers.

Animals must not occupy seating.

XI/ TRANSPORTER LIABILITY

During boarding, disembarking and crossings, the liability of the Company is limited in all circumstances to the duration in which the Passengers or their belongings are under its direct control, on board its vessels or in its premises, with the exclusion of all public installations and facilities.

The public liability of a sea-vessel owner is covered by a French maritime insurance policy.  The insurance policy is governed by French laws and decrees, in particular the provisions of title VII of the Insurance Code relating to maritime insurance policy.

This policy serves to cover any claims, damages, loss or prejudice incurred due to events occurring on board the insured vessel, or related to its navigation, use or operation, and which occurred during the guarantee period.

XII/ LIMITATION OF LIABILITY

In the event of personal injury or accidental death for which the Company is liable, compensation cannot exceed the limit per passenger, currently governed by the London Convention of Limitation of 19 November 1976 (Article 7).

Legal action against the Company is time-barred after two years.

In the event of damage to baggage or personal belongings for which the Company is liable, compensation cannot exceed the limit per passenger, as set out by decree n° 67 268 of 23 March 1967 (Article 43).

Legal action against the Company is time-barred after one year.

XIII/ PASSENGER BAGGAGE AND PERSONAL BELONGINGS

Baggage allowance per passenger is limited to one item of carry-on baggage weighing 20kg maximum.

Each item of baggage must be labelled with the owner’s address.

Baggage must be stored correctly on board and must not obstruct passageways and emergency exits.

The Company cannot be held responsible for baggage or any other items belonging to the Passenger. The Company cannot be held responsible for the loss, damage or theft of money, tickets, jewellery or any other items of value taken on board by Passengers.

Depending on the number of passengers on board, the Captain or crew may request that pushchairs be folded up.

A limited number of bicycles may be taken on board shuttle boats only, in exchange for a transport fee. Bicycles must be fully unloaded (baskets, batteries, etc.).

Passengers are forbidden to transport dangerous goods such as: oils, gas, inflammable, corrosive or explosive materials as listed in the IMDG code of maritime regulation.

The Company reserves the right to take any necessary measures to prevent the transport of dangerous goods. Unless specifically authorised, it is forbidden to transport unattended baggage.

XIV/ CLAIMS

All claims relative to service provisions must be addressed by recommended letter with acknowledgement of receipt, no later than 8 days after the service in question to:

UNION DES BATELIERS ARCACHONNAIS

76 Boulevard de la Plage

33120 Arcachon

XV / JURISDICTION

All limitations, exclusions or stipulations of the present regulations apply, where necessary, to the liability of agents, employees and other representatives of the Company, in addition to vessels and facilities on land or water.

All legal action in a French Court, relative to the Company, will be subject to the application of the law of 18 June 1966 on Maritime Transport and subsequent decrees.

The illegality or invalidity of any clause, paragraph or provision whatsoever of this contract will not affect or invalidate any other of the terms and conditions.

For any claim or action brought against the Company by Passengers or their representatives, the Bordeaux Trade Court shall have sole jurisdiction.

French law shall be exclusively applicable.