CONDITIONS OF THE EXCURSION
Eco Nautisme Marseille (ENM) reserves for itself the right to modify the routes or to cancel the services in case of bad weather conditions. Only the captain is authorized to judge the conditions of navigation, and is likely to cancel a maritime service. In case of cancellation by Eco Nautisme Marseille (ENM)), the passengers can be refunded or the excursion is postponed to another date with your agreement.
The swimming is authorized during the stops under your responsibility. In no case, the loan of swimming equipment can be assimilated to a supervised nautical activity.
The passengers commit in all cases to submit themselves to the regulation on board the ships, established by Eco Nautisme Marseille (ENM) as well as to submit themselves to the orders of the captain and his assistants. The passengers must present themselves 15 min before the hour of departure. No refund will be able to be demanded in case of delay of the passenger.
CONDITIONS OF CANCELLATION OF YOUR EXCURSION – PRIVATIZATION –
-By the fact of Eco Nautisme Marseille (ENM):
If for reasons of bad climatic conditions the outing could not take place and this, only at the appreciation of the owner or the captain, you would be integrally refunded of the sums advanced, no fee would be retained.
– By the fact of the customer :
If for personal reasons you choose to cancel your excursion 1 month before the date of the excursion, your deposit will be returned to you and no fee will be retained.
In the case where you would be led to cancel your excursion between 15 days and 1 month before the date of the excursion, your deposit will not be returned to you (within the limit of 30% of the total amount of the excursion).
In the case where you would be led to cancel your excursion less than 15 days before the date of the excursion, the entirety of the sums received will remain acquired.
CONDITIONS OF CANCELLATION OF YOUR EXCURSION – TICKETING –
-By the fact of Eco Nautisme Marseille (ENM):
– In case of proposition of change of program
It may be that the weather does not allow to follow the classic program, but allows a beautiful navigation in another direction. In this case, the captain and the team of Eco Nautisme Marseille (ENM)) will be able to propose to you before the departure a change of itinerary.
– In case of acceptance of the change of itinerary, the customer will participate in the entirety of the day and will not be able to demand any refund or a reduction afterwards
– In case of refusal, the customer will not participate in the day and will be refunded integrally.
If for reasons of bad climatic conditions, the outing could not take place at all, you would be integrally refunded of the sums advanced, no fee would be retained.
– By the fact of the customer :
If for personal reasons you choose to cancel your excursion 1 week before the date of the excursion, you would be integrally refunded
In the case where you would be led to cancel your excursion between 6 days and 3 days before the date of the excursion, we will keep 50% of the sum paid.
In the case where you would be led to cancel your excursion less than 48 hours before the date of the excursion, the entirety of the sums received will remain acquired.
ELECTRONIC TICKET (for the outings in ticketing)
The electronic ticket is a non-materialized ticket. For all the reservations, you must present yourself, provided with the document of confirmation of your reservation, "the confirmation email" this one serves as electronic ticket.
TRANSPORT TITLE AND ACCEPTANCE OF THE CONTRACTUAL CONDITIONS :
The subscription of an online reservation on the internet site of Eco Nautisme Marseille (ENM) is a contract which entails the acceptance of the present general conditions of sale and of transport by all the participants in the nautical and aquatic activities proposed by Eco Nautisme Marseille (ENM) for the account of whom the reservation was made.
The electronic ticket, which corresponds to the online confirmation (or by electronic mail) of your reservation by Eco Nautisme Marseille (ENM) is personal and non-transferable. It must be kept by the customer who proceeded to the online reservation for one or several persons.
STATE OF HEALTH OF THE PASSENGERS :
The passengers will have to signal to Eco Nautisme Marseille (ENM) any contraindication or incapacity which would contravene the execution of the services that it proposes (Nautical activities: maritime excursion, nautical and aquatic sports, swimming, diving with mask and snorkel, etc…).
The passengers embark under their own responsibility and will not be able to hold responsible Eco Nautisme Marseille (ENM) in case of occurrence of a bodily damage in connection with their state of health (Disability, illness, etc…), either on board, or during the operations of embarkation or disembarkation, or during the nautical or aquatic activities.
The passengers having need, in view of their state of health, of a particular assistance during the excursion or the nautical and aquatic activities (person with reduced mobility, visually impaired,…) are invited to signal it to the navigating personnel of Eco Nautisme Marseille (ENM) at the time of the reservation and at the embarkation.
PREGNANT WOMEN :
The pregnant women can carry out an excursion at sea, under their entire responsibility.
However, they will not be able to engage the responsibility of Eco Nautisme Marseille (ENM) for any cause whatsoever in case of occurrence of a bodily damage.
Eco Nautisme Marseille (ENM) will not be able to be held responsible in case of occurrence of a bodily damage, or of any other incident, in connection with the pregnancy.
MINORS :
Eco Nautisme Marseille (ENM) does not ensure the transport of the unaccompanied minors. They will embark and participate in the excursions, as well as in the nautical and aquatic activities under the exclusive responsibility of their accompanying person(s).
For the children of less than two years, the wearing of an adapted life jacket is obligatory. The parents will have to signal their presence to Eco Nautisme Marseille (ENM) at the time of the reservation or before the embarkation.
BEHAVIOR OF THE PASSENGERS :
During the navigation the passengers will have to remain seated. They will have to conform during the operations of embarkation and disembarkation, as well as on board, to the regulation of the ship, in particular that established by Eco Nautisme Marseille (ENM)) and, in a general way, to submit themselves to the recommendations or instructions of the captain or his assistants.
Eco Nautisme Marseille (ENM) declines any responsibility for all the bodily damages occurred to the passengers who will not have conformed to this prescription, either on board, or during the operations of embarkation or disembarkation.
The passengers will be held responsible for any damage of any nature whatsoever, that they could cause to themselves, or to the other passengers, to third parties, or still to the persons and goods of Eco Nautisme Marseille (ENM).
It is the same for all the damages of any nature whatsoever caused by the persons or the goods which are under the guard of the passengers.
Eco Nautisme Marseille (ENM) authorizes the swimming during the excursions on the occasion of the "swimming breaks" in the calanques. However, this one is not supervised and takes place under the own responsibility of the passengers. On this occasion, the minors will remain under the responsibility of their accompanying person(s). The persons not knowing how to swim or swimming badly will have to signal it to the navigating personnel.
Eco Nautisme Marseille (ENM) puts at the disposal of the passengers buoys and floating vests.
Eco Nautisme Marseille (ENM) declines any responsibility in case of incidents or bodily damages occurred on the occasion of the swims.
BODILY DAMAGES :
Any damage occurred during the excursions or the nautical and aquatic activities will have to be signaled by the passenger to Eco Nautisme Marseille (ENM) before leaving the ship.
In case of damages on their person and/or on their good (personal objects…), the passengers will have to signal it to the personnel of the ship. Eco Nautisme Marseille (ENM) will establish in the presence of the passenger(s) concerned a contradictory statement before leaving the ship. Failing to conform to this prescription, the passengers will be presumed to have disembarked safe and sound and their goods in good state.
Eco Nautisme Marseille (ENM) declines any responsibility, apart from the cases envisaged by the articles L5421-2 and following of the Transport Code, for the bodily accidents occurred in the course of navigation, during the excursions or the nautical and aquatic activities, or during the operations of embarkation or disembarkation, either at the ports of departure or of destination, or at the ports of stopover, or at sea during the swims.
OBJECTS OR PERSONAL MATERIALS :
The passengers can, embark their personal material(s) (Camera, Mask, snorkel, fins) under their own responsibility.
Eco Nautisme Marseille (ENM) declines any responsibility concerning the luggage, object(s) or personal material(s) embarked by the passengers, as well as for the money, the jewels or other objects of value which remain during the excursions and any other activity proposed by Eco Nautisme Marseille (ENM) under the exclusive responsibility of their owners.
LOAN OF MATERIAL ON A GRATUITOUS BASIS :
Eco Nautisme Marseille (ENM)) puts at the disposal of the passengers, on a gratuitous basis, material within the framework of the nautical and aquatic activities that it proposes (Fins, masks, snorkels, windbreaker, etc…).
If need be, the defectiveness of the material does not open right to a refund or any reduction whatsoever.
Eco Nautisme Marseille (ENM)) reserves the right to engage legal proceedings against the passengers who will have voluntarily deteriorated or degraded the material lent gratuitously.
ORGANIZATION OF EVENINGS AND FESTIVE EXCURSIONS :
Within the framework of the evenings and festive excursions organized by Eco Nautisme Marseille (ENM) Cocktails, evenings in the calanques, bachelor or bachelorette parties etc…) the consumption of alcohol and of tobacco in a moderate way is admitted.
For reasons of safety and comfort of the passengers, the personnel of Eco Nautisme Marseille (ENM) could be led to limit or prohibit the consumption of alcohol or of tobacco, or still of drug.
Eco Nautisme Marseille (ENM) could implement all the steps, or constraints, necessary with regard to the passengers who by reason of their behavior :
Put in danger a person or a member of the personnel, degrade or deteriorate goods belonging to Eco Nautisme Marseille (ENM) prevent the personnel from fulfilling its functions, do not respect the recommendations and instructions of the members of the personnel or the captain.
Eco Nautisme Marseille (ENM) reserves the right to disembark the passengers who by reason of their behavior harm the safety, the tranquillity, or the comfort of the other passengers or the members of the personnel.
FINANCIAL CONDITIONS
The descriptions of the Services presented on the Site specify, for each service, the services included in the price. The prices are indicated in Euros. The prices of the services are understood as All Taxes Included (TTC) and or as Excluding taxes (HT) according to the cases and to specify on the proposed estimate, the fees and costs of service pertaining thereto are included or as extra as specify on the estimate.
For our Ticketing activity, our prices are expressed in TTC with a VAT of 10%.
For our Privatization activity :
– The Cruises with our imposed routes are proposed with a VAT of 10%.
– The tailor-made events are proposed with a VAT of 20%.
The payments carried out on the Site are done by bank card (the cards of the networks Carte Bleue, Visa, Eurocard/Mastercard, American Express are accepted) by means of a secure payment system.
In the case where the payment would prove to be irregular, incomplete or non-existent, for a reason which is imputable to You, the sale of these services would be cancelled, the
fees resulting from it being at your expense, a civil and/or penal action being able, if necessary, to be undertaken against you.
INTELLECTUAL PROPERTY
Eco Nautisme Marseille (ENM) is holder of all the intellectual property rights relating to the Site which belong to them or hold the rights of use pertaining thereto.
The access to the Site confers you no right on the intellectual property rights relating to the Site which remains the exclusive property of Eco Nautisme Marseille (ENM).
The elements accessible on the Site, in particular in the form of texts, photographs, images, icons, charts, sounds, videos, software, data base, data are also protected by rights of intellectual property.
Unless explicit provisions signaled in the present document, You cannot, in no case, reproduce, represent, modify, transmit, publish, adapt, on any support whatsoever, by any means whatsoever, or exploit in any manner whatsoever, all or part of the Site without the preliminary written authorization of Eco Nautisme Marseille (ENM).
DELAY
We wish to remind you that, as a transport company, we put a point of honor to respect precise schedules in order to ensure a pleasant experience for all our passengers. That is why we leave at the planned time, and ask the passengers to be in front of the landing stage 10 minutes before the departure.
If ever you are delayed, we would be grateful to you to please :
1) Notify us by telephone as soon as possible.
2) Indicate to us your estimated hour of arrival.
We understand that unforeseen events can occur, but we specify that in case of delay superior to 10 minutes, we will be unfortunately constrained to leave without you. In this case, no refund nor postponement will be able to be carried out.
We thank you also to please note that we cannot be responsible for the eventual problems related to the transports (traffic jams, delays of subway/train, etc.).
We count on your punctuality so that your voyage takes place in the best conditions
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