General terms and conditions of sale English translation provided for information only. In the event of any discrepancy, the French version shall prevail.
Private hire
Article 1: Purpose and scope
The purpose of these General Terms and Conditions of Sale, hereinafter the “T&Cs”, is to define the framework within which Les Grands Bateaux de Provence, hereinafter “GBP”, sells the private hire of its spaces and boats and, where applicable, the associated services (catering, drinks, entertainment or any other service agreed in the quote).
These T&Cs apply to any booking of a private service made by an individual, professional, association, local authority or any other legal entity or natural person, and prevail over any other document of the client, unless expressly agreed in writing by GBP.
Article 2: Definitions
Whenever the following terms are used in these General Terms and Conditions of Sale (hereinafter the “T&Cs”) or in connection with their performance, they shall have the meaning defined below:
“GBP” means the simplified joint-stock company Les Grands Bateaux de Provence, registered with the Avignon Trade and Companies Register under no. 334 875 242, whose registered office is located:
at Allées de l’Oulle – 84000 Avignon, France – contact@bateauxprovence.com
“Client” means any natural or legal person ordering a private hire service;
“Service(s)” means any total or partial private hire of a boat, with or without additional services.
“Contract” means the whole formed by the signed quote, these T&Cs and, where applicable, any additional document expressly accepted by GBP.
“Participants” means the people present as part of the service booked by the Client.
Article 3: Formation of the contract and booking
When requesting a private hire, the Client may place an option on a specific date and service. This option gives the Client priority on the date concerned for fifteen (15) calendar days, with no firm commitment for either party.
The option must be taken up and the booking confirmed by the Client before the quote expires, its validity being thirty (30) calendar days from the date of issue. Failing written confirmation within this period, the option will lapse without further formality and the date will be released for sale.
If there is a competing request for the same date, Les Grands Bateaux de Provence will inform the Client holding the option in writing. The Client will then have three (3) calendar days from this notification to take up the option and confirm – or not – their booking.
A booking will only be considered firm and final once Les Grands Bateaux de Provence (GBP) has received the quote duly signed by the client with the words “bon pour accord” (approved), together with payment of a deposit of 50% of the total amount of the service.
The Client undertakes to provide, under their sole responsibility, all the information necessary for the proper organisation of the service, in particular the date of the event, the times agreed with GBP, the nature of the event, the expected number of participants and any particular constraints likely to affect the proper performance of the services.
Les Grands Bateaux de Provence (GBP) reserves the right to refuse any booking request that is incomplete, technically impossible, not compliant with the safety rules in force, or exceeding the regulatory capacity of the boat concerned.
Article 4: Prices and payment terms
Prices are stated in euros including all taxes, on the basis of the price conditions in force on the day the quote is issued. Unless otherwise stated, the prices quoted apply exclusively to the service as described in the quote.
For private hire, a deposit of fifty per cent (50%) of the total amount including tax is required on signature of the quote. The balance must be paid no later than fifteen (15) calendar days before the date of the service.
Any extras consumed, ordered, requested or approved by the Client on the day of the service will be invoiced additionally and must be paid immediately using the payment methods accepted by Les Grands Bateaux de Provence (GBP), excluding cheques (bank card, instant transfer, cash).
Failing payment within the agreed deadlines, GBP reserves the right to suspend performance of the service, refuse boarding or terminate the booking automatically through the Client’s sole fault, without prejudice to any claim for compensation.
In accordance with article L.441-10 of the French Commercial Code, any late payment may result in penalties calculated on the basis of the rates in force, as well as a fixed indemnity for recovery costs, without prejudice to any other action.
Article 5: Changes to a booking
Any request for changes must be sent in writing to Les Grands Bateaux de Provence (GBP) at the following address: gbp-pro@bateauxprovence.com. It will only be taken into account after GBP’s express acceptance and subject to operational feasibility, compliance with safety rules, availability and capacity.
Adjustments to the number of participants may be requested up to ten (10) calendar days before the date of the service:
Any reduction in the number of participants of more than five per cent (5%) of the total initially planned must be notified within the same deadline and is subject to GBP’s prior agreement. Failing this, invoicing will remain based on the number initially agreed.
Any increase in the number of participants is subject to GBP’s prior agreement, within the limit of the boat’s regulatory capacity, and may give rise to additional invoicing.
The final number of participants used for invoicing is the one contractually validated with GBP. Absences on the day of the service will not give rise to any price reduction.
Article 6: Cancellation and postponement by the Client
Any cancellation or postponement request must be notified in writing to Les Grands Bateaux de Provence (GBP), in particular at the following address: gbp-pro@bateauxprovence.com. No request will be taken into account without written confirmation of receipt by GBP.
The date on which GBP receives the notification alone will determine the applicable cancellation fees, under the following conditions:
More than thirty (30) calendar days before the date of the service: the deposit paid will be retained by GBP as a fixed indemnity.
Between thirty (30) and ten (10) calendar days before the date of the service: an indemnity equal to fifty per cent (50%) of the total amount of the service including tax will be invoiced.
Less than ten (10) calendar days before the date of the service, or if the Client fails to show on the day of the service: one hundred per cent (100%) of the total amount of the service including tax will be invoiced and payable automatically.
Any postponement request made by the Client is treated as a cancellation and will be subject to the financial conditions set out above.
On a purely commercial basis and without this constituting an obligation, GBP may, subject to availability and at its sole discretion, offer to postpone the service. Such postponement will only take effect after GBP’s express written agreement. If postponement is not possible or not accepted by GBP, the request will be definitively treated as a cancellation under the conditions set out above.
Article 7: Cancellation or changes by GBP
Force majeure – Weather conditions – Navigation
Les Grands Bateaux de Provence (GBP) cannot be held liable for the non-performance or partial performance of the service in the event of force majeure, as defined by article 1218 of the French Civil Code and the case law of the French courts. This includes in particular, without limitation: bad weather, floods, falling water levels, strong winds, storms, fog, navigation restrictions or bans issued by the competent authorities, technical failures making navigation impossible, or any external event beyond GBP’s control.
If such an event partially or totally prevents performance of the service, GBP reserves the right, at its sole discretion:
either to offer to postpone the service to a later date, subject to the parties’ availability;
or to hold the service at the quay, without this giving rise to any compensation;
or to cancel the service if the boarding area cannot be accessed (flooded road, riverbanks evacuated by the authorities, etc.)
In the event of cancellation due to force majeure, the sums paid by the Client will be retained by GBP up to the amount of the costs already incurred by GBP in preparing the private hire.
Any balance received in excess of these costs (costs incurred deducted from the total amount of the service) may be issued as a credit note valid for six (6) months, excluding any refund.
The Client acknowledges and accepts that navigation and safety conditions take precedence over any commercial consideration, and that no compensation, penalty or refund may be claimed if the service is adapted, modified or cancelled for the reasons set out above.
Article 8: Conditions of performance of the service
The Client and all participants must arrive at the boarding point at the exact time indicated by Les Grands Bateaux de Provence (GBP). Any delay, for whatever reason, may result in a shorter service or, where operational constraints so require, refusal of boarding, without any refund, compensation or postponement being due.
Participants undertake to comply strictly with all safety instructions, the instructions of the crew and the regulations applicable to navigation. Access to unauthorised areas, in particular technical areas, is strictly prohibited. Any breach may result in immediate exclusion, without refund.
Smoking is strictly prohibited in the indoor areas of the boats. The use of any flame, heat source or gas device is prohibited on board. A dedicated smoking area is available outside, on the sun deck.
Unless expressly agreed in advance and in writing by GBP, bringing outside food or drinks on board is prohibited. Only food and drinks provided or approved by GBP or its service providers may be consumed, as set out in the quote.
In accordance with the regulations in force, the sale and consumption of alcoholic drinks are strictly prohibited for minors. GBP and its service providers reserve the right to refuse to sell or serve alcohol without proof of age or in the event of behaviour deemed inappropriate, without this being open to dispute.
GBP reserves the right, at any time, to refuse boarding to or immediately disembark any person whose behaviour, drunkenness, aggressiveness or failure to follow instructions is likely to disrupt the service or endanger the safety of people and property, without refund or compensation.
Animals are strictly prohibited on board, with the exception of guide or assistance dogs, in accordance with the applicable regulations. Minors under sixteen (16) must be accompanied by a responsible adult, who assumes full responsibility for them.
The boat is accessible to people with reduced mobility and has toilet facilities adapted for wheelchair users. The Client must report the presence of people with reduced mobility when booking. Without prior notice, GBP cannot be held responsible if they cannot be welcomed in optimal conditions.
Article 9: Liability, insurance and damage
The Client is solely responsible for all damage, direct or indirect, material, physical or immaterial, caused by themselves, their guests, employees, participants or any person under their responsibility, to GBP, its service providers or any third party. The Client therefore undertakes to fully compensate GBP for any loss suffered. GBP reserves the right to invoice the Client automatically for any damage, deterioration or loss found on board the boat or to the equipment provided.
GBP declines all liability for the loss, theft or damage of participants’ personal belongings, including clothing, luggage, bags, phones, equipment or any other item, including when left on board or entrusted to third parties.
GBP cannot be held liable for the consequences of non-performance or improper performance attributable to the Client, its participants, a third party unrelated to the service, or force majeure as defined in the article on force majeure.
In any event, should GBP be held liable, its liability is strictly limited to direct, certain damage duly substantiated by the Client. Only holders of a confirmed booking or of a ticket validly issued by GBP may, where applicable, claim compensation, to the exclusion of any third party.
GBP declares that it holds the insurance necessary for its activity, including in particular operating liability insurance and, where applicable, insurance relating to navigation, without this constituting any admission of liability beyond the cases provided for by law.
Article 10: Personal data
The personal data provided by the Client are necessary to process the booking, organise the service, invoice, take payment and follow up the business relationship.
These data are processed by GBP as data controller and may be passed on to its service providers or partners where strictly necessary for performing the service. They are processed in accordance with the applicable personal data protection regulations.
Any question regarding the processing of personal data may be sent to GBP at the contact address given on the company’s website.
Article 11: Complaints and mediation
Any complaint relating to a service must be sent in writing to Les Grands Bateaux de Provence (GBP), preferably by registered letter with acknowledgement of receipt, within a strict deadline of fifteen (15) calendar days from the date of the service. Any complaint made after this deadline will automatically be inadmissible.
The admissibility of any complaint is also expressly subject to the difficulties being reported immediately on site to GBP or its staff, so that they can be dealt with without delay. Failing such reporting at the time of the events, the Client is deemed to have accepted the service without reservation, which they expressly acknowledge.
In the event of a persistent dispute, and in accordance with the French Consumer Code, a Client acting as a consumer may only use a consumer mediation scheme after first sending a written complaint to GBP and attempting in good faith to resolve the dispute amicably.
Article 12: Applicable law and final provisions
These general terms and conditions of sale (T&Cs) are governed by and interpreted in accordance with French law.
If any provision of these T&Cs is declared null, illegal or unenforceable by a competent court, it shall be deemed unwritten, without affecting the validity or enforceability of the other provisions, which shall remain in full effect.
The fact that Les Grands Bateaux de Provence (GBP) does not at any given time rely on any of the provisions of these T&Cs shall not be interpreted as a waiver of its right to rely on them later, nor as an amendment of those provisions.
