GENERAL SALE CONDITIONS


COMPANY: Cityfloating Debilly, SAS (JOINT-STOCK COMPANY) with registered capital of 800,000 €
3 ESPLANADE FONCET
92130 ISSY-LES-MOULINEAUX

Telephone: +33 1 58 00 22 08

E-mail address: contact@ducasse-seine.com


SIRET (business ID) no: 798 358 180 00023 – Nanterre Register of Commerce and Companies
INTRA-COMMUNITY VAT no. AUTAIRE FR22 798,358,180

Hereinafter referred to as ‘the Service Provider Company’
WEBSITE: WWW.DUCASSE-SEINE.COM

Publication manager: Mr Vianney COLLIGNON

Host: OVH SAS – www.ovh.com

2 rue Kellermann
59100 Roubaix
E-mail: support@ovh.com

Website commercialised under the Cityfloating Debilly: Ducasse sur Seine brand.


1. PURPOSE

The purpose of these General Conditions is to determine the conditions under which the Customer may, online via the LaFourchette reservation system accessible on the www.ducasse-seine.com website, make a reservation to benefit from the catering services proposes by Ducasse sur Seine.


2. COMMON CONDITIONS

These general conditions apply to all the services offered by the Service Provider Company.
These conditions prevail over all the other purchasing conditions. Any non-contractual contrary or complementary clauses or clauses which are not the subject of special conditions or an agreement between the Service Provider Company are considered to be obsolete and unwritten. These General Conditions of sale are sent to the Customer at the same time as the cost estimate to enable the Customer to make their reservation. All reservations, therefore, involve the Customer adhering fully and without reservation to these conditions. In the event of contradiction between the provisions detailed in the cost estimate signed by the Customer and those detailed in these conditions, the provisions of the cost estimate shall prevail. The reservation and/or the order for services is reserved for the Customer having familiarised themselves with these conditions in full and having accepted them without reservation. Accordingly, the taking of the order equates to adhesion in full with these general conditions of sale and the unconditional acceptance of all of their provisions. With the purpose of satisfying the Customer, the Service Provider Company may be called upon to amend these general conditions and their product ranges.

2.1. Data Protection
The Service Provider Company complies with current legislation on the protection of private life. Their websites in particular are registered with the CNIL (French Data Protection Agency), in compliance with the French Data Protection Act. In its commercial relations the Service Provider Company is called upon to contact the Customer by e-mail, for example, to send the Customer the confirmation of their order. Since the DUCASSE-SEINE.COM uses cookies, the customer agrees, by default, to their being used for a period of 13 months which may be renewed if expressly requested by the Service Provider Company. The Customer has the right to access, correct and delete data about it (Act no. 2004-801 of 6 August 2004 on the protection of natural persons (individuals) in respect of the processing of personal data amending act no. 78-17 of 6 January 1978, the Data Protection Act). Similarly, the customer may refuse the use of cookies. To do so, the Customer merely has to contact the Service Provider Company at the following address: Cityfloating Debilly – 3 ESPLANADE FONCET, 92441 ISSY-LES-MOULINEAUX CEDEX. An ID document copy must be appended to the letter. Data essential to the processing of the order is indicated by asterisks on the site.
Click on this link to read our personal data confidentiality and processing policy: www.ducasse-seine.com/en/personal-data

2.2 Availability of the services
The reservations for all services are possible based on the availabilities of the various locations. At certain special dates, referred to below as ‘feast days’, these availabilities may be subject to specific conditions. List of feast days: 14 February, 21 March, 24 April, 14 July, 24 December, 25 December, 31 December.

2.3 Reservations
Reservation of an individual service (up to 10 guests) becomes firm and final only after acceptance and payment of the whole balance relating to the service. The reservation of a group service (upwards of 11 people) becomes firm and final only after acceptance and signing of the cost estimate and payment of the corresponding total sum.

2.4. Cancellation and Amendment

2.4.1. Modification of an individual reservation (up to 10 guests)
For any reservation made using the online reservation system, modification of the date and time is authorised without penalty up to 72 hours before the date and time of the initial reservation and subject to availability for 30 days following the initial reservation date.

2.4.2. Cancellation of an individual reservation (up to 10 guests)
All cancellations using the online reservation system at the latest seven calendar days before the scheduled reservation date shall be reimbursed to the customer, with the exception of administration costs equivalent to 3% of the total amount paid by the customer. Reimbursement will be made within five to 10 days of receiving the cancellation request.
In order to cancel a reservation within the above period the Customer can:
- Send an e-mail to the address opposite: contact@ducasse-seine.com (date and time of the sending of the e-mail is binding), specifying the details of their reservation (name, date, time and time of covers).
Once the above deadlines have passed, the following conditions shall be applied:
- For a cancellation between seven calendar days and 72 hours before the reservation: a penalty representing 50% (fifty percent) of the amount incl. VAT of the reservation is owed by the Customer;
- For a cancellation less than 72 hours before the time of the reservation or if the Customer fails to show on that day: a penalty representing 100% (one hundred percent) of the amount incl. VAT is owed by the Customer, the service provider company reserving the right to re-sell any unused seats.
The penalties remain in any event due to the Service Provider Company. After receiving the cancellation request the reimbursement shall be made within five to 10 working days.

2.4.3. Cancellation of a group service (11 guests and more)
Any unilateral cancellation of the agreement by the CUSTOMER or cancellation of a group reservation or service (more than 11 guests) must be done at the latest 30 (thirty) days before the reservation date or scheduled service to be entitled to a full reimbursement. After receiving the cancellation request the reimbursement shall be done within five to 10 days.
In order to cancel a reservation within the above period the Customer can:
- send an e-mail to the address opposite: contact@ducasse-seine.com (date and time of the sending of the e-mail is binding), specifying the details of their reservation (name, date, time and number of covers).
Once the above periods have passed the following conditions shall apply:
- For a cancellation made between the 30th and 20th day before the date and time of the reservation: a penalty representing 40% (forty percent) of the amount incl. VAT of the reservation is owed by the Customer;
- For a cancellation made between the 19th and 10th day before the date and time of the reservation: a penalty representing 75% (seventy-five percent) of the amount incl. VAT of the reservation is owed by the Customer;
- For a cancellation made between the 9th and 3rd day before the date and time of the reservation: a penalty representing 90% (ninety percent) of the amount incl. VAT of the reservation is owed by the Customer;
- For a cancellation made less than three days before the date and time of the reservation: a penalty representing 100 (a hundred percent) of the amount incl. VAT of the reservation is owed by the Customer;
The penalties remain, in any event, due to the Service Provider.

2.4.4. Cancellation and modification by the service provider companies
In the event of cancellation of all the services by the Service Provider Company, the amount of the deposit paid by the customer will be reimbursed to the customer in full. The Service Provider Company is exempted from any liability in the partial or total performance of the agreement resulting from a fortuitous event such as, for example, total or partial strikes, lock-outs, floods, terrorist attacks or other serious adverse events. The Service Provider Company, however, may not be held liable for any direct or indirect damage that may result from this cancellation. Furthermore, in the event of an inability to take the scheduled cruise for any reason whatsoever (mechanical failure, extreme tides, extreme weather, administrative ban, etc.), a price reduction may be applied to the Customer according to the following rule:
- should the cruise route be changed: 10% (ten per cent) reduction in the total service amount,
- should it be impossible to sail (the boat remaining docked): reduction of 15% (fifteen percent) of the total service amount.

2.5 Insurance/Liability
The Service Provider Company declares that is duly insured by a notably solvent company for its public operating liability, particularly in the event of food poisoning and in relation to riverway transport of passengers. The Service Provider Company reserves the right to invoice the Customer for any damage caused on board by the Customer themselves or a member of their group. Since the cruises are subject to the rules of river sailing, the Service Provider Company reserves the right to assess the practicable character of the navigable routes. The cruises may be cancelled or changed at any time once the reservation is made, including at the time of departure or during the sail, in application of the above-mentioned rules or in the event of extreme weather likely to endanger the safety of the persons transported. The Service Provider Company declines any liability in respect of the consequences of passengers’ failing to comply with the above rules and police regulations, without prejudice to any damages payments that may be claimed due to the loss they occurred due to this failure to comply. The Service Provider Company may not be held liable for the direct or indirect damage incurred by passengers during the cruise if the latter was caused by one of the following: flash flooding, storms, collision with another boat responsible for the accident, even partially, and any other unforeseeable event.

2.6 Force Majeure
The Service Provider Company reserves the right to cancel a service in the event of force majeure (extreme tides, fire, explosion, collapse, natural disaster, administrative constraints, etc.) or any other fact out of its control affecting the site or its vicinity, obliging it to stop its commercial activity as Ducasse sur Seine, temporarily or permanently. The Service Provider Company is exempt from any liability in the partial or total performance of the agreement resulting from an act of force majeure such as, for example, floods, fires, terrorist attacks or other causes|. The Service Provider Company shall not be held liable for any direct or indirect loss resulting from a cancellation resulting from an act of force majeure.

2.7 Sale price
Prices are quoted in euros, excl. VAT or incl. VAT.
The prices can be revised at any time without prior notice. The prices invoiced are those in force on the day of the order. They are subject to the VAT rates in force applicable on the day of the service. Any new taxes/duties or charges that may be created or any change in the current charges or taxes would automatically lead to the prices being readjusted. It is up to the Customer to assess whether the price suits them before validating the order. No subsequent objection to the price may be taken into consideration.

2.8 Payment methods
The Service Provider Company accepts inter-bank transfers, payments in cash in euros, cheques drawn exclusively on a bank branch domiciled in France and certain gift vouchers issued by the Service Provider Company or bankcards approved by the reservation department or indicated at the location’s reception. The services may also be delivered in exchange for an (exchange) voucher issued by a company which MUST be approved by the Service Provider Company.

2.9 Conditions of sale of the giftboxes
The giftboxes distributed by the Service Provider Company are valid 12 (twelve) months from the day of purchase. Beyond the limit data giftboxes may be neither reimbursed nor exchanged. The reservations for the giftbox services are mandatory and are made subject to the sites’ availability. The giftboxes MUST be presented at the site’s reception on the day of the service. The reservations recorded may be amended or cancelled under the same conditions as those detailed in article 1. 4 and 1. 5 of these general conditions of sale. If the customers or beneficiaries are not present on the day of the reservation, the giftboxes may be neither reimbursed nor exchanged. The giftboxes must be paid for in full when the order is placed and can be sent subject to the payment being collected Lost or stolen giftboxes may be neither exchanged nor reimbursed.

2.10 Failure to pay
In the event of agreement on a cost estimate for payment, any payment delay shall, as of right, give rise to late-payment penalties being invoiced. Article L.441.6 of the French Commercial Code specifies that late-payment penalties may be demanded without need for a reminder. These late payment penalties shall be applied on the due date of the principal at the date of the actual payment in full. In accordance with the Law on Modernising the Economy (LME), which came into force on 1 January 2009, the late-payment rate applied is 3% per annum. Any partial objection to the invoice may under no circumstances justify failure to pay the entire service covered by these general conditions. The only failure to pay which will be admitted may relate solely to the amount objected to, subject to the latter being objectively justified and notified to the Service Provider Company by registered letter with acknowledgement of receipt.

2.11 The Service Provider Company’s Internal regulations
These general conditions of sale are completed by the internal regulations of the various locations of the services with which the customer undertakes to comply: behaviour, dress code, prudence and security rules, etc.
1) The Service Provider Company shall do its utmost to ensure that the cruises on the Seine run well and under the conditions provided for upon reserving. Under no circumstances may the Service Provider Company be held liable for any indemnity or reimbursement in the event that the route, times or duration of the cruise is changed due to force majeure or instructions given by the sailing agents.
2) Compliance with times: the passenger must arrive at the boat embarkation point at the latest 15 minutes before the scheduled departure time. If the passenger arrives after the boat departs they cannot claim reimbursement.
3) Passengers’ obligation: From the time they are invited to embark, each passenger must comply immediately and strictly with the instructions given by the boat’s crew in the interest of the safety of the cruise and order on board. No animals shall be allowed on the boat nor any material that may prove dangerous for the passengers or the personnel. The Service Provider Company reserves the right to invoice the Customer for any damage to equipment caused on board by the Customer him/herself or a member of their group. Correct dress will be required (no short, sports clothing, no open-toed shoes for the men) for dining cruises. The Service Provider Company reserves the right to refuse access to the boat. It is prohibited for any person not belonging to the service to enter the engine compartment, the navigation station and kitchen without special permission.

2.12 Intellectual Property
The data accessible on the Service Provider Company’s site, notably in the form of text, photographs, pictures, icons and sounds are also protected by intellectual and industrial rights and other private rights. Unless explicit provisions exist which are indicated in this document, the Customer may under no circumstances reproduce, represent, change, communicate, publish, adapt – on any medium whatsoever and by any means whatsoever – or use in any way whatsoever, all or some of the websites without the prior authorisation of the Service Provider. Any use, for any purpose whatsoever, of all or some of the data may be the subject of any appropriate proceedings, including copyright infringement proceedings. The Service Provider Company own all the intellectual property rights relating to the service provider company and ‘Ducasse sur Seine’ brands, along with the WWW.DUCASSE-SEINE.COM websites owned by them or over the rights of which they hold. Access to these companies’ sites grant no rights to users.

2.13 Customer Service
The Customer can contact the Service Provider Company’s Customer Service department Monday to Friday between 10:00 and 6 pm by phone on + 33 (1) 58 00 22 08 or by e-mail at the following address: contact@ducasse-seine.com

2.14 Complaints and out-of-court settlement of disputes
Commercial complaints or complaints about the quality of the services provided must be sent to the Cityfloating Debilly Customer Service department at 3 ESPLANADE FONCET, 92,441 ISSY-LES-MOULINEAUX CEDEX FRANCE. No objection or complaint can be dealt with unless it is communicated in writing by registered, signed for letter to the Service Provider Company. By virtue of article L. 612-1 of the French Consumer Code ‘All consumers have the right to call in a consumer mediator free of charge to settle the dispute opposing the consumer to a professional out of court.’ Disputes entering into the scope of application of article L. 612-1 of the Consumer Code are the disputes defined in article L. 611-1 of the Consumer Code, i.e. contractual disputes relating to the performance of a sale or provision of services agreement opposing a consumer and a professional. The text covers national and cross-border disputes.
In the event of any difficulty, please contact us first or contact our after-sales department:
Cityfloating Debilly
Ducasse-sur-Seine After-sales department
92441 Issy-les-Moulineaux Cedex France
Phone: 01.58.00.22.08
contact@ducasse-seine.com
In the year following your request made to our services, in application of article R. 616-1 of the Consumer Code, you can have your claim examined by a mediator, whose contact details you will find below, given that a dispute may only be examined by one mediator, except in extraordinary circumstances:
Maître Florence MILLELIRE, barrister to the Paris bar and mediator.
8, rue Joseph Bara 75006 Paris
www.avocatmillelire.com
Cross-border disputes: Centre européen des consommateurs France (French European consumers’ centre)
www.europe-consommateurs.eu
You may, at your expense, be assisted by a legal counsel.

2.15 Applicable law
In the event of a dispute or objection, French law alone shall apply. Commercial disputes are the exclusive reserve of the Paris Commercial Court.

2.16 Attribution of jurisdiction
The French courts alone shall be competent to hear any dispute resulting from the formation, interpretation or performance of the services or of these conditions, notwithstanding multiple defendants or introduction of third parties.

3. SPECIAL PURCHASE CONDITIONS FOR LOCAL AUTHORITIES, CHARITIES, TOURISM FIRMS AND EVENTS AGENCIES

These special conditions specify the common conditions presented above and are applicable to local authorities (‘Communes’–villages, towns, municipalities, etc., charities/associations covered by the 1901 Charities Act–‘Associations de Loi 1901’–including sports and professional associations and charities), to companies and events agencies.

3.1 Sale price
The reservation, payment and cancellation conditions are the same as those detailed in the common conditions.

3.2 Catering service or services for groups
In order to guarantee the members of a group high-quality catering and services, the choice of menus must be made when the order is placed with the Service Provider Company for groups of more than 10 (ten) people.

3.3 Payment conditions for local authorities, charities/associations, tourism firms and professionals and events agencies
The Service Provider’s reservation may confirm an order placed by local authorities, charities/associations and firms excluding tourism professionals and events agencies by issuing a pro forma invoice and/or an e-mail in lieu of the agreement, drawn up on the basis of the number of services ordered and specifying the payment conditions.


4. SPECIAL CONDITIONS FOR PURCHASING ON THE INTERNET

These special conditions specify the common conditions presented above and concerning the following ‘DUCASSE-SEINE.COM’ websites for which the Customer wishes to make a reservation; the Customer shall manifest his/her/its/their acceptance of these General Conditions of Sale. The order shall be definitively recorded only after final validation.
A screen presenting the summary of the reservation shall be available. To place an order on the sites the Customer must, according to the indications provided online, fill in a form in which the latter’s contact details appear. Mandatory information is indicated on the sites. The password is automatically created and sent to the Customer by clicking on the ‘forgotten password’ link. The Customer must print out the e-mail confirming their reservation, providing the Customer with proof of their order. The system checks that the documents have been safely sent but not their receipt. If not received, it is up to the customer to inform the service provider thereof. Under no circumstances may the Service Provider Company be held liable if the Customer does not receive confirmation of the order due to an error on the latter’s part in inputting their contact details. Before printing any order, the Customer must ensure that they may have the soft and hardware configuration required to print the documents relating to their order: a computer hooked up to the Internet loaded with Acrobat Reader software, a printer and blank sheets in A4 format. The Service Provider Company declines any liability should it not be possible to print the documents due to failure to comply with the soft and hardware configuration referred to above.

4.1 Capacity
To order the Customer must be 18 years old or older, be legally entitled to enter into a legal agreement and use these sites in compliance with these General Conditions. The Customer is financially responsible for using the sites in their name as well as on behalf of third parties, including minors, unless fraudulent use is demonstrated resulting from no serious failing or negligence on their part. The Customer also vouches for the veracity and accuracy of the information provided by them or any other third party using their data on these sites. Fraudulent use or use which may contravene these General Conditions or these sites’ reservation department, may lead to the Service Provider Company refusing access to the services proposed on the Internet at any time.

4.2 Access to information about the Customer’s order
The Customer may consult the information on the detail of their reservation by logging on to the ‘my account’ page.

4.3 Changing/Cancelling the order/Cancellation charges
No change may be made online. For all changes the Customer must contact the Service Provider Company departments by phone. The phone number is indicated to the Customer in the confirmation e-mail. Once the cancellation request is recorded it is processed as quickly as possible by the Service Provider Company’s departments. Should the Customer or the Service Provider cancel, the general cancellation conditions specified in article 1.3. above apply.

4.4 Special payment conditions for online sales
- For the ‘à la carte’ services: the total amount for the service shall be paid when making the reservation. The amount varies depending on the nature of the services bought and their amount is clearly indicated on the websites services and their amount is clearly indicated on the websites.
- For the ‘giftboxes’, ‘menus’, ‘lump-sum offerings’, ‘special dates’, ‘combined offerings’ and all non ‘à la carte’ services: the whole customer order amount shall be paid immediately by bankcard online.
The additional services consumed in situ on the day of the service shall be settled in full on the day of the service directly in situ.

4.5 Validity of the services bought online. All the services are valid for the reservation date chosen by the Customer. They cannot be extended. All ‘giftbox’ and ‘combined offering’ type services must be taken up one occasion for the reservation dates chosen by the Customer.

4.6 Protection of online payments
Payment is by bankcard using the Stripe secure system, the general conditions of use of which the User is invited to consult on this page: https://stripe.com/fr/legal. The bankcards accepted for payment are the following: Visa, American Express and Mastercard. The order validated by the Customer shall be considered effective only when the payment centres have given their agreement. Should the said centres refuse, the Customer is immediately informed by an on-screen message by which the Customer is invited to contact the Customer service department in order to find a payment solution.

4.7 Responsibilities and guarantees for the use of the websites
The Service Provider Company does not guarantee that the ‘DUCASSE-SEINE.COM' sites will be free from anomalies, errors or bugs, nor that they may be corrected, nor that the sites will work without interruption or failures, nor that they are compatible with a particular hardware or configuration other than that expressly validated by the Service Provider Company. The Service Provider Company is in no way responsible for malfunctions due to third-party software, whether or not these are incorporated into the sites or supplied with the latter. Under no circumstances shall the Service Provider Company be responsible for any type of foreseeable or unforeseeable damage (including the loss of profits or opportunity) due to the use or the total or partial impossibility to use the sites. The Customer declares being familiar with the characteristics and limits of the Internet, in particular its technical performance, the response time for consulting, looking up or transferring data and the risks related to the security of communications.


5 UPDATES

The Service Provider Company reserves the right to change and update these general conditions of sale.