For any organization and cruise planning by our boats in Marseille, thank you to take note of our General Conditions of Sale.
In order to ensure your safety and ensure the best possible sailing conditions, we inform you of all the terms and conditions of our onboard service sales.
1/ Application of the General Conditions of Sale
These General Conditions of Sale (GTC) apply to services related to the sale of services provided by the company CROISIERES MARSEILLE CALANQUES (CMC). These GTC are sent to the Client at the same time as the contract, to enable him to make his reservation. Any reservation therefore implies that the Customer has full and unreserved adherence to these conditions, to the exclusion of any other document such as prospectus, commercial documents, etc. These T & Cs and the associated contract form an inseparable whole.
In the event of contradiction between the provisions appearing in the contract signed by the Customer and those appearing in the present GTCS, the provisions of the contract prevail.
If the Customer intends to assert its General Conditions of Purchase (CGA), and in the event of contradiction between the provisions of the Client's CGAs and the provisions of these GCS or the contract agreed between the Customer and CRISIERES MARSEILLE CALANQUES, the present provisions of the GTC and those of the contract prevail.
The Customer is informed that he is sailing on a commercial vessel, as such, he must comply with all requests made by the Captain of the ship and his crew to protect the safety of persons and property.
3/ Change of ship
In case of force majeure, technical problem on the ship or for any other reason, CRISIERES MARSEILLE CALANQUES reserves the right to embark the Participants on another ship for services of the same nature, all the costs involved in the transfer remain in the charge of CRISIERES MARSEILLE CALANQUES (except in case of force majeure), which can not be sought in payment of any compensation.
4/ Evolution of the service for meteorological reasons
If the meteorological conditions during all or part of the service, do not allow the exit at sea, or that the Captain of the ship is forced to follow a route other than that initially envisaged, the company CRUISES MARSEILLE CALANQUES will not be held to the payment of 'compensation.
5/ Organization of the Reservation
CRUISES MARSEILLE CALANQUES provides the Customer with a commercial vessel on which services are provided. The Customer is solely responsible for his choice of services performed on the ship and their adequacy to his needs, so that the responsibility of CRISIERES MARSEILLE CALANQUES can not be sought in this regard.
The Customer must confirm his choice of catering (menu, buffet, cocktail ...) no later than 15 working days before the date of the event. Beyond, CRISIERES MARSEILLE CALANQUES reserves the right to impose a choice in the category chosen by the Customer.
It is here specified that the restoration not consumed within the framework of a fixed price can not give rise to a reduction of the price and that this one can not be carried away by the Customer. The Customer must specify in writing (fax, mail or email) addressed to CRUISES MARSEILLE CALANQUES the exact number of covers provided for each meal, at least 8 working days before the start date of the event. Reducing the number of Participants is considered a partial cancellation of the booking.
Reduction of the services ordered (number of meals, buffet, cocktail or other) is also considered as a partial cancellation of the reservation. Partial cancellations give rise to the application of Article 9 of these conditions. Any request to modify the services in relation to the accepted contract must be sent in writing to CRISIERES MARSEILLE CALANQUES. CRUISES MARSEILLE CALANQUES can, at any time and without any reason, refuse the request for modification of the services.
Without written acceptance of CRISIERES MARSEILLE CALANQUES within 8 days of receipt of the request, the contract is deemed to continue under the terms and conditions determined in the contract accepted by the Customer. In this case, CRISIERES MARSEILLE CALANQUES can not be sought in payment of any compensation.
- 1 / No-shows
In case of "no-shows" (cancellation without notice), CRISIERES MARSEILLE CALANQUES will invoice to the Client an indemnity equal to 100% of the total amount of the services TTC, reserved.
The Customer agrees to pay the sums due in case of no show in the conditions defined in the contract or in article 9 of these Terms.
- 2 / Provision of vessels
The Customer must inform CRUISIERES MARSEILLE CALANQUES before the date of the event, significant changes in the number of participants to the event.
If the number of Participants is greater than the number indicated on the contract, the provision of the vessel (s) will only be confirmed after receipt of the additional deposit corresponding to the reservation differential.
If the number of Participants is lower than the number provided for in the contract, the Customer may be allocated another boat than the one originally planned for reasons related to the management and security of the spaces.
The Client will not be able to obtain financial compensation or damages in the event of modification of the boat initially planned.
The period of provision of the vessel (s) is provided for contractually.
Any exceeding of the schedule which would not be due to a cause external to the Customer will be invoiced to him at the cost fixed in the estimate.
7/ Confirmation of reservation
The company CRISIERES MARSEILLE CALANQUES, after study of the requests of the Client emits an estimate corresponding to the service chosen by this one. The Customer must confirm his reservation before the option date indicated in the contract and return to CRUISES MARSEILLE CALANQUES, a copy of the contract and the duly dated GTC, initialed on each page and signed by the Customer, bearing the mention "Good for agreement" And his stamp.
These documents must necessarily be accompanied by the payment of the deposit referred to in Article 8 which constitutes a substantial and determining condition of the reservation. In the absence of payment of the deposit, CRISIERES MARSEILLE CALANQUES does not confirm the reservation and does not guarantee the availability of the reserved boats.
8/ Terms of payment
1 / Down payments
The price will be settled as follows:
From a first deposit of 50% of the total amount inclusive of the event on the day of the reservation,
A second deposit of 30% of the total amount inclusive of the event payable 45 days before the start of the event
A third installment of 20% of the same total amount of tax payable before the start of the event
The payment of a deposit gives rise to issue by CRISIERES MARSEILLE CALANQUES of a deposit invoice. It will be issued after cashing it by CRISIERES MARSEILLE CALANQUES.
It is recalled here that the amounts paid in advance will not be productive of interest.
2 / Payment deadline
Installments paid will be deducted from the price remaining due by the Customer, subject to the possible application of cancellation indemnities. Unless otherwise stipulated in the contract, the invoice corresponding to the balance of the price will be established by CRISIERES MARSEILLE CALANQUES, at the latest within 48 hours after the performance of the service and its payment will be due upon receipt.
3 / Methods of payment
Only bank transfers or otherwise bank checks issued on a bank established in France, or cash (within the legal limit) are accepted for payment of bills and payments.
Bank charges related to the payment of invoices are the responsibility of the Customer.
4 / Modification of the invoicing / payment methods
The special provisions stipulated in the contract deviating from the invoicing / settlement rules set out in this article, as well as any request for a subsequent modification of these terms, must be submitted to MARSEILLE CALANQUES CRISIERES for formal acceptance.
5 / Failure to pay
In the absence of payment at the contractual deadline, late penalties will be due the day after the due date of the invoice at the rate of 15% per year, applied to the amount inclusive of the invoice. In addition, a lump sum indemnity amounting to 40 € per claim will be due the day after the due date of the invoice to which will be added a supplementary indemnity to cover all costs incurred in case of litigation recovery. .
It's recalled that any settlement occurring beyond 60 days from the date of issue of the invoice is legally considered as abusive practice liable to engage the responsibility of its author.
In addition, any failure to pay at the contractual maturity will result in the modification of the terms of payment, the company CROISIERES MARSEILLE CALANQUES can in this case require a total payment of outstanding debts before any new reservation request.
6 / Intermediary commission
In the event of intermediation in the organization of the event, the commissioning relates only to the amounts of the services consumed and duly cashed by CRISIERES MARSEILLE CALANQUES and will be subject to specific invoicing by the intermediary. It is recalled here that the regulation of the commission is subordinated to the complete collection of the event. No-shows, late cancellations are commissionable according to the provisions of the contract
The invoicing being made on the basis of the ordered services, the Customer is invited to pay the greatest attention to the conditions of cancellation hereafter. Cancellations of all or part of the initial booking must be made in writing to CRISIERES MARSEILLE CALANQUES.
1 / Total cancellation
The change of date of the event is considered as a total cancellation and gives rise to the application of the cancellation conditions. Is also a cancellation, the failure to pay the installments contract.
In the event of non-respect of payment deadlines stipulated by contract, CRISIERES MARSEILLE CALANQUES will be entitled to demand from the Customer the immediate payment of the balance of the event, in the absence of payment within 8 days from the request made in writing by CROISIERES MARSEILLE CALANQUES, the event will be considered canceled by the Customer and CRISIERES MARSEILLE CALANQUES may ask for the payment of the entire service.
- If the cancellation notice is received more than 45 days before the first day of the event, CRISIERES MARSEILLE CALANQUES will keep the amount of the installments paid as compensation or installments due at the time of cancellation.
- If the cancellation notice is received less than 45 days before the first day of the event, the Customer must pay the balance of the amount of the service listed in the quote.
2 / Partial cancellations
A partial cancellation corresponds to a reduction of the amount of the contract regardless of its origin: decrease in the number of people and / or services ordered.
In case of partial cancellation of the contract by the Customer, and not justified by the non-fulfillment of the obligations of CRISIERES MARSEILLE CALANQUES, a cancellation indemnity will be invoiced and calculated according to the date on which the notice of cancellation is received:
The customer has the possibility to cancel, without penalty, 10% of the number of participants / or the total amount of the estimate, until the 31st day preceding the event. Beyond this percentage, penalties may be billed to him as follows:
- If the cancellation notice is received more than 121 days before the event, no penalty will be due.
- If the cancellation notice is received between 120 and 61 days before the first day of the event, the amount of the penalty will be equal to 40% of the amount of the cancellation.
- If the cancellation notice is received between 60 and 31 days before the first day of the event, the amount of the penalty will be equal to 65% of the amount of the cancellation.
- If the cancellation notice is received between 30 days and 8 days before the event, the amount of the penalty will be equal to 90% of the amount of the cancellation, without the 10% cancellation deductible being applied.
- If received less than 7 days before the first day of the event, any cancellation will be charged on the basis of 100% of the amount of the cancellation, without the 10% cancellation deduction being applied.
3 / Revision of the cancellation conditions
The cancellation conditions above may be modulated depending on the operational requirements of our vessels and / or the exceptional or complex nature of the event.
Rates are in euros and excluding taxes. The VAT rate applied will be the rate in effect on the date of invoicing.
The rates listed on the contract are given for a period expiring on the option date.
11/ Photographic report - filming or reporting
The Customer is requested to inform in advance CRISIERES MARSEILLE CALANQUES of the possible presence of a photographer or a cameraman and makes his personal case of obtaining all the necessary authorizations that would prove necessary. Before any shooting of film or reportage the Customer must first ask permission to film or shoot at CRISIERES MARSEILLE CALANQUES.
Otherwise, CRISIERES MARSEILLE CALANQUES will have to refuse access to the ship to the photographer or cameraman.
The Customer wishing to broadcast music on CRISIERES MARSEILLE CALANQUES ships must ensure that all declarations and the payment of all rights, notably to SACEM and SPRE, for the distribution of musical works have been made.
The Customer guarantees CRISIERES MARSEILLE CALANQUES against any claim related to the use of these rights and undertakes to cover all the costs related thereto.
It is specified that CRISIERES MARSEILLE CALANQUES does not provide any services related to the transport of the participants except service on the ship. He can not in any case be held responsible for the problems related to the transport of the Participants (delay, cancellation, etc.).
14/ Insurance - Deterioration - Breakdown
The Customer must ensure the custody of the goods and materials brought by himself or the Participants, including changing rooms, excluding locker rooms monitored by the crew, outside the leased spaces. The Client certifies to be insured with a notoriously solvent company to cover the pecuniary consequences of his civil liability and guaranteeing in particular the damages and risks related to the exercise of his profession and more generally, all losses caused to the ship.
He undertakes to maintain sufficient coverage of his responsibility throughout the duration of the service. The Customer is particularly invited to take out specific insurance in the event of the presence of large equipment or valuable goods insofar as the liability of CRISIERES MARSEILLE CALANQUES can not be engaged in case of deterioration or theft of said goods.
The Customer is responsible for all damages caused by his / her intermediary (in particular by the Participants or their guests) and undertakes, in case of deterioration of the places made available, to bear the costs of restoration of these places. Under no circumstances can the establishment be held responsible for damages of any nature whatsoever, in particular fire or theft, likely to reach the objects or materials deposited by the Customer or the Participants on the occasion of the event. manifestation object of the present reservation.
Similarly, any package, package, etc. delivered on the ship before and during the event may be received by CRISIERES MARSEILLE CALANQUES but in no case it can not be responsible for any incident, any damage, incorrect package number, damaged package, any delivery problem. The Customer agrees in case of problems to contact the supplier or carrier directly.
The Client and his insurers waive all recourse against CRISIERES MARSEILLE CALANQUES, his staff and his insurers for any direct or indirect damage resulting from the total or partial destruction of all materials, movable objects, amenities, values, merchandise, as well as Deprivation or disturbance of enjoyment of the premises
15/ Personal Data
The Parties undertake, throughout the duration of this contract, to comply with the applicable regulations on the protection of data, and in particular, Law 78-17 of 6 January 1978, known as "Data Protection", in concerning the collection, use, processing, storage, transmission, correction, deletion and / or disclosure of any Data communicated under this contract.
The Parties undertake to implement all appropriate technical and organizational measures to protect the Data against loss, misuse and unauthorized access, dissemination, alteration and destruction; the nature and level of these security measures should take into account the more or less sensitive nature of the data. The Parties undertake to use the Data in a fair manner and for the sole purpose of this contract, which is the subject of this contract (loyalty actions, commercial prospection, satisfaction survey, etc.)
16/ Events on the ship
The Customer undertakes not to invite any person whose behavior would be likely to harm CRISIERES MARSEILLE CALANQUES, the latter reserving the right to intervene if necessary. The Customer may not bring from the outside any food or any food except in the case of a banquet and in compliance with the conditions of Article 21.
The Customer undertakes to ensure that the Participants and their guests respect all the instructions and regulations in force on board. The Customer shall ensure that the Participants do not interfere with the operation of the vessel or impair the safety of the ship and the persons therein.
In the event that CRISIERES MARSEILLE CALANQUES suffers injury from the Client or one of the Participants to the event, he may turn against the Client to obtain compensation for the damage suffered.
The Customer will be obliged to compensate CRISIERES MARSEILLE CALANQUES for all the acts of the Participants he has invited; It is up to him to turn in a second time against the said Participant if necessary. The general ban on smoking in salons is applicable in France since 2 January 2008 in all public places. The Customer undertakes to remind the Participants of the above provisions.
If the Customer contracts in the name and on behalf of a third party, he is deemed to have a legally valid mandate to do so. The Customer agrees to inform CRISIERES MARSEILLE CALANQUES of the name of the final Customer and the name of the event organized.
At any time CRISIERES MARSEILLE CALANQUES may ask him to justify his mandate and, in the absence of a valid warrant may terminate the contract without compensation and without prejudice to the damages and interest that CRISIERES MARSEILLE CALANQUES could claim.
The photographs presented on the websites of CRISIERES MARSEILLE CALANQUES are not contractual. Although every effort is made to ensure that the photographs, graphic representations and texts reproduced to illustrate the ships presented give as accurate an overview as possible of the services offered, variations may occur, in particular due to the change of furniture or renovations. possible. The Customer can not claim any claim for this fact.
CRISIERES MARSEILLE CALANQUES is not liable for any consequential damages as a result of the present, in particular loss of exploitation, done by the third party, made by the Customer or made by its partners.
In the event of a breach by one of the parties to any of its obligations hereunder, the other party may immediately terminate the agreement after sending to the other party a registered letter with notice of delivery giving notice to perform the obligation in question, which has not been valid for a period of five (5) days.
The exercise of this right of cancellation does not relieve the defaulting party from fulfilling the obligations incurred until the termination takes effect, without prejudice to any recourse available to the other contractor.
20/ Force Majeure
The obligations contained herein will not be applicable or will be suspended if their execution became impossible due to a case of force majeure such as: act of public authority, hostilities, war, fact of the Prince, natural disaster, fire, flood , strikes without notice, ....
The parties shall use all their efforts to prevent or reduce the effects of a breach of contract caused by a force majeure event; the party wishing to invoke an event of force majeure shall immediately notify the other party of the beginning and end of this event, failing which it may not be released from its responsibility.
It is reminded that children who could participate in the event are placed under the sole responsibility of the parents and / or the Client. It is reminded that the Customer can not bring restoration for the event whether in whole or in part.
If he wishes to take part of the banquet at the end of the banquet, he undertakes to comply with the laws and regulations in force concerning food and beverages, their transport, hygiene and hygiene standards and in general, to all the provisions relating to the Restoration part so that the ship can not be worried or looked for in liability. The Customer undertakes to respect all the rules in force relating to hygiene and the cold chain and that the premises are left in a perfect state of cleanliness.
It is stated here that the ship is released from all liability for food reported by the Customer. This clause is equivalent to CRISIERES MARSEILLE CALANQUES liability waiver
These Terms may be modified at any time. In this case, CRISIERES MARSEILLE CALANQUES will transmit the modifications to the Customer before the start of the services. Therefore, the new version of the GTC will apply to the relationship between the Customer CRISIERES MARSEILLE CALANQUES.
23/ Partial Nullity
The invalidity of one or more articles of these Terms will not invalidate all of them. All other stipulations herein will remain applicable and will produce all their effects.
24/ Claims and disputes
All disputes and claims may be taken into account only if they are formulated in writing and sent to CRUISES MARSEILLE CALANQUES within a maximum period of 8 days after the end of the event.
25/ Applicable Law
The applicable law is French law.
26/ Assignment of the Contract
The present can not, under any circumstances, be the subject of an assignment by the Customer, either free or expensive, without the prior written consent of CRISIERES MARSEILLE CALANQUES.
27/ Election of Home
All written communications between the parties (letters, notifications, ...) must be sent to CRISIERES MARSEILLE CALANQUES 1, La Canebière 13001 MARSEILLE and for the Customer to the address indicated in the quote.
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