OLDERFJORD – Terms and Conditions of Sale
ARTICLE 1 – GENERAL PROVISIONS
These General Terms and Conditions of Sale apply to all services provided and all sales concluded within France and internationally with OLDERFJORD, a simplified joint-stock company with a share capital of €10,000.00, having its registered office at 1, boulevard Gambetta – LE RELEC-KERHUON (29480), registered with the BREST Trade and Companies Register under number 993 201 300, (hereinafter referred to as ‘the COMPANY’) by Customers, acting as consumers or professionals, regardless of any clauses that may appear in documents provided to the Customer by an intermediary company, and concerning all of the COMPANY’s activities, namely: “the purchase, management and operation of motorised floating saunas intended for the well-being, rest and relaxation of users; – the provision of a wellness area on the water, allowing in particular for the alternation between the heat of the sauna, swimming in a natural environment and exploring the water;– the organisation and operation of leisure and wellness activities, including in particular trips aboard floating saunas; – the on-site sale of drinks, including alcoholic beverages covered by a Category 3 licence, as well as simple food items intended to accompany these drinks;– the private hire, one-off rental or provision of floating saunas to individuals, businesses or local authorities for leisure or wellness services.
These General Terms and Conditions of Sale (hereinafter referred to as ‘the General Terms and Conditions’) form the basis of the commercial relationship between the COMPANY and the Customer.
ARTICLE 2 – APPLICATION
By placing an order with the COMPANY, the Customer: fully and unreservedly agrees to these General Terms and Conditions; and waives the right to rely on any provisions that conflict with or deviate from these General Terms and Conditions. If the COMPANY were to sign general terms and conditions of purchase provided by the Customer, its signature would constitute acceptance only of those clauses that do not conflict with these General Terms and Conditions. Any order placed on the COMPANY’s website or on any intermediary site (Airbnb Experiences, etc.) is subject to the Customer’s acceptance of these General Terms and Conditions by checking the box provided for this purpose. By accepting these General Terms and Conditions, the Customer declares that they have the legal capacity to enter into a contract within the meaning of Articles 1123 et seq. of the Civil Code. The General Terms and Conditions will be sent to the Customer by email upon written request. The fact that the COMPANY does not exercise, at any time, a right granted by these General Terms and Conditions, or to not require the performance of any clause of the General Terms and Conditions, shall not be interpreted as a modification of the contract, nor as an express or implied waiver of the right to exercise said right in the future, or of the right to require the performance of the commitments undertaken herein. These General Terms and Conditions shall enter into force on May 5, 2026. In accordance with applicable regulations, the COMPANY reserves the right to deviate from certain provisions of these General Terms and Conditions, depending on the type of service, by establishing Special Terms of Sale. At any time, the COMPANY may be required to modify certain provisions of these General Terms and Conditions. Such modifications are binding on the Customer as of their publication online and will apply to reservations made after such publication.
ARTICLE 3 – SERVICES
THE COMPANY offers hybrid experiences combining recreational boating and wellness (floating sauna). The services offered are described on the COMPANY’s website (www.olderfjord.fr). The COMPANY undertakes to exercise all due care to ensure the proper performance of the services. The General Terms and Conditions apply to all services offered by the COMPANY.
ARTICLE 4 – QUOTATION AND BOOKING
4.1. Booking
Bookings can be made via the COMPANY’s website, via an external website or by telephone.
4.1.1. Booking via the COMPANY’s website
Bookings can be made directly via the COMPANY’s website (www.olderfjord.fr). When doing so, the Customer selects the desired service and provides the required information, including their surname, first name, address, email address and telephone number. The booking is only confirmed and finalised upon receipt of full payment. . A booking confirmation email will be sent to the Customer automatically once the booking has been made.
4.1.2. Booking by telephone
Bookings can be made by telephone on 06 32 63 75 08. In this case, the Customer shall provide the COMPANY with the information necessary to process their request, in particular their surname, first name, address, email address and telephone number, and the type of service required. The COMPANY reserves the right to require, when booking by telephone, full advance payment by bank transfer to be made within five (5) days prior to the date of the service. In this case, the Customer undertakes to provide the COMPANY with proof of payment within two (2) days. Unless the COMPANY requests advance payment, the booking is registered, and it only becomes firm and definitive upon receipt of full payment in accordance with the terms set out in Article 6 of these General Terms and Conditions.
4.1.3. Booking via an external website
When making a booking via specialist booking websites such as the tourist office website, Airbnb (this list is not exhaustive), the Customer selects the services they wish to book in accordance with the procedures set out on the website: type of services, checking and confirming the booking details, the terms and conditions of the rate and its amount, providing contact details, entering credit card details if prepayment is required (depending on the website), and confirming the booking. The booking is deemed firm and final in accordance with the terms and conditions specific to the platform used.
4.1.4. Common provisions
In any event, work on the service shall not commence until the COMPANY has received full payment. The Customer acknowledges that they are aware of the nature, purpose and booking procedures for the services offered by the COMPANY and that they have all the information necessary to make their booking in full knowledge of the facts.
4.2. Preparation of quotes
At the Customer’s request, the COMPANY may prepare and provide a quotation. The quotation is valid for a period of one (1) month from the date of issue. Any acceptance of the quotation made after the expiry of one (1) month from the date of the proposal shall require written confirmation from the COMPANY of the entire quotation, including the price. Signing the quotation constitutes a firm and definitive commitment on the part of the Customer. The services are expressly limited to those specified in the quotation.
ARTICLE 5 – PRICE
The prices of the services are those listed on the COMPANY’s website. Prices are quoted in euros (€) and calculated exclusive of tax (excl. VAT). Consequently, they will be subject to the applicable VAT rate. Any change in the applicable rate, or any modification or introduction of new taxes legally imposed by the competent authorities, will be automatically applied to the prices quoted on the date of invoicing. The COMPANY reserves the right to amend its prices at any time. Services will be invoiced on the basis of the price in force at the time the booking is confirmed. Where a quotation is provided, the COMPANY undertakes to invoice
the Customer at the prices indicated at the time the quotation is signed by the Customer. However, should the quotation be accepted by the Customer more than one (1) month after it was issued, the COMPANY reserves the right to issue a new quotation and to update its prices in line with economic conditions. The rates quoted include any discounts and rebates that the COMPANY may grant to the Customer.
ARTICLE 6 – PAYMENT TERMS
The cost of the services is payable in full:
- either online, at the time of booking via the COMPANY’s website or via a partner platform. Payment is made by credit card via a secure payment gateway. The payment is debited at the time of booking.
- or, in the case of a booking made by telephone, by advance payment where this is required by the COMPANY, in accordance with the terms specified at the time of booking (Article 4); failing that, payment shall be made on site, prior to the start of the service. Payment shall be made by credit card, in cash (for amounts under one thousand (1,000.00) euros) or by cheque, subject to the presentation of a valid identity document (national identity card or passport) and only for services not exceeding the sum of one hundred and fifty (150.00) euros. A service cannot be provided unless the COMPANY has first received full payment of the price. Payment shall be deemed final, subject to the
provisions set out in these General Terms and Conditions, in particular regarding cancellation as provided for in Article 8 of these General Terms and Conditions.
ARTICLE 7 – RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.221-18 of the French Consumer Code, the Customer generally has a period of fourteen (14) days from the date the contract is concluded to exercise their right of withdrawal, without having to give any reason for their decision or incur any penalties. However, in accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised in respect of contracts for the provision of leisure services supplied on a specific date or at specific intervals. The services offered by the COMPANY, consisting of leisure activities on a specific date and at a specific time, fall within the scope of this exception. Consequently, the Customer expressly acknowledges and accepts that they have no right of withdrawal in respect of bookings made with the COMPANY.
ARTICLE 8 – CANCELLATION AND MODIFICATION BY THE CUSTOMER
8.1. Cancellation by the Customer
Any cancellation or modification must be made by sending an email to the COMPANY (contact@olderfjord.fr). The Customer’s right to cancel services is subject to the following conditions:
For services provided at the quay
On-quay services refer to the provision of the floating sauna whilst it is moored, without any navigation or movement. They include private or shared use of the sauna and, where applicable, access to associated facilities provided by the COMPANY
➢ Cancellation more than 72 hours before the booking: the service will be refunded in full or rescheduled.
➢ Cancellation less than 72 hours before the booking: 80.00% of the amount is due. A refund of 20.00% will be issued.
➢ Cancellation less than 48 hours before the reservation, or no-show by the Customer: 100.00% of the service fee will be retained by the COMPANY. No refund will be issued.
For services at sea
Services at sea refer to the provision of the floating sauna, including travel on the water. They include private or shared use of the sauna and, where applicable, access to associated facilities provided by the COMPANY during the duration of the trip
➢ In the event of cancellation more than 72 hours before departure, the service will be fully refunded or rescheduled.
➢ Cancellation less than 72 hours before the booking, or if the Customer fails to attend: 100.00% of the service fee will be retained by the COMPANY. No refund will be made.
The services offered by the COMPANY are available in all weather conditions. Weather conditions deemed unfavorable by the Customer (rain, overcast skies, cold) do not constitute a valid reason for cancellation or refund as long as the safety conditions set forth in Section 8.2 are met and the COMPANY approves the departure.
8.2. Cancellation by the COMPANY
The provision of services is subject to favourable weather conditions and the state of the water. Sailing is technically restricted by sustained or gusting winds exceeding 15 knots and wave heights exceeding 0.3 metres. Notwithstanding these restrictions, the COMPANY retains full discretion to cancel the service, alter the itinerary or shorten the service at any time if conditions so require.
As such, the COMPANY reserves the right to cancel all bookings for safety reasons. If the COMPANY is forced to cancel the service for meteorological or technical reasons prior to departure, a new date will be proposed (rescheduling). If rescheduling is not possible, the Customer will be fully refunded. The Customer shall not be entitled to any additional compensation or damages.
ARTICLE 9 – ADHERENCE TO SCHEDULES
The Customer must arrive at the meeting point at least five (5) minutes before the scheduled time of the service.
For services provided at the quay
In the event of the Customer being late for a service provided at the quay, the service will continue within the limits of the originally booked time slot. The duration of the service will then be reduced by the amount of time the Customer is late, and the Customer shall not be entitled to an extension of the session or a rescheduling. No refund, whether full or partial, nor any compensation may be claimed by the Customer in this regard.
For services at sea
For services at sea, particularly in the context of group bookings, departure takes place strictly at the scheduled time and cannot be delayed. Should the Customer arrive late and be unable to board before departure, they shall be deemed not to have turned up for the service. In this case, the Customer’s absence shall be treated as a cancellation on their part made less than 48 hours before the booking, within the meaning of Article 8.1. Consequently, the full price of the booking shall be retained by the COMPANY and no refund, postponement or credit note may be granted. Notwithstanding the foregoing provisions, the COMPANY reserves the right, at its sole discretion and without this constituting an obligation, to offer the Customer a special commercial arrangement in the event of a delay. Such an offer may consist, depending on operational, safety and organisational constraints, either of postponing the service to a later date; or of adjusting the duration of the service (in particular by extending the initial time slot if the booking schedule permits). These provisions apply only to services provided at the quay and to services at sea that are subject to exclusive hire. They are expressly excluded for group services. Any decision to this effect remains exceptional, cannot be demanded by the Customer and shall not be interpreted as creating a right or as a waiver by the COMPANY of the application of these terms and conditions.
ARTICLE 10 – ACCESS
10.1. Capacity
For safety and organisational reasons, the maximum capacity of the facility is strictly limited to twelve (12) people, unless otherwise expressly stated by the COMPANY. The number of participants specified at the time of booking is binding on the Customer. Under no circumstances may this number be exceeded. The COMPANY reserves the right to refuse access to any additional person not included in the booking, without refund or compensation. In the event of non-compliance with the maximum authorised capacity, the COMPANY may refuse access to the service or interrupt its provision, without the Customer being entitled to any refund or compensation, unless there is proven fault on the part of the COMPANY.
10.2. Age
For safety reasons relating to the nature of the service, children under the age of twelve (12) are strictly prohibited from entering the COMPANY’s premises. Presentation of a valid official identity document is mandatory for
any person wishing to access the service. If proof of age is not provided, the COMPANY reserves the right to refuse access to the service, without refund or compensation.
Minors aged between twelve (12) and eighteen (18) are only permitted to enter if they are accompanied, for the entire duration of the activity, by a legal guardian of legal age. The accompanying adult is solely responsible for the minor, in particular with regard to their constant supervision, behaviour, physical fitness and compliance with safety instructions, both within the facilities and in the surrounding area.
THE COMPANY shall not be held liable for any consequences resulting from a failure by the accompanying adult to supervise the minor or from a failure to comply with safety instructions, except in the event of proven negligence on its part, in particular in the event of a breach of its duty of care.
10.3. State of health
The services provided by the COMPANY involve exposure to specific thermal conditions, including, in particular, exposure to high temperatures and, where applicable, immersion in cold water. These temperature fluctuations are likely to cause significant physiological effects, particularly on the cardiovascular system, blood circulation and blood pressure, due to the vasodilation and subsequent vasoconstriction caused by the alternating hot and cold conditions.
Booking is not recommended, and may even be contraindicated, particularly for people with:
- unstabilised cardiovascular conditions (arrhythmias, heart failure, recent history of a heart attack or stroke);
- blood pressure disorders, including hypotension, hypertension or blood pressure instability;
- significant circulatory or respiratory problems;
- feverish conditions, active infections or skin conditions;
- any medical condition that is incompatible with exposure to heat or cold;
- as well as for pregnant women.
Immersion in cold water, particularly after exposure to heat, constitutes a thermal shock that can place significant strain on the body, especially the cardiovascular system. This practice must be introduced gradually, tailored to the customer’s capabilities, and carried out with caution.
Particular caution is required for people taking medication, as certain drugs may impair the body’s ability to adapt to heat or cold, or affect heart rate, blood pressure or blood circulation.
The Customer acknowledges that they have been fully informed of the above provisions and will use the facilities in full knowledge of the facts and under their own personal responsibility regarding their state of health. In the event of any doubt regarding their physical fitness, the Customer undertakes to consult a healthcare professional beforehand. The Customer undertakes to behave with caution and to immediately cease their
participation should they feel unwell, uncomfortable or experience any abnormal symptoms. In any event, the COMPANY undertakes to comply with its legal obligations regarding personal safety.
10.4. Behaviour
Throughout the duration of the service, the Customer undertakes to behave in a respectful and prudent manner, in accordance with the safety and usage instructions provided by the COMPANY or its staff.
In particular, the Customer shall refrain from: entering areas restricted to staff; behaving in a manner that is dangerous to themselves, other participants or staff; or disrupting the smooth running of the service.
Access to the service is strictly prohibited to any person under the influence of substances likely to impair their faculties, including but not limited to alcohol, narcotics or certain medications. The COMPANY reserves the right to refuse access to the service or to interrupt the service for any Customer whose condition or behaviour is incompatible with the safety requirements of the service.
The consumption of alcohol, where permitted at the end of the service, is strictly regulated and limited to two (2) units of alcohol per person. The end of the service refers to the period beginning from the Customer’s last use of the sauna cabin and continuing until the end of the booking slot. During this period, and once the Customer has consumed alcohol, they are no longer permitted to access the sauna cabin. One unit of alcohol is defined as 10 grams of pure alcohol. It may only be consumed at the end of the service and excludes any continuation of the activity after consumption. The COMPANY reminds Customers that the sale of alcohol is prohibited to minors.
In the event of inappropriate, dangerous or non-compliant behaviour, the COMPANY reserves the right to exclude the Customer from the service, including whilst it is in progress, or to proceed with their immediate disembarkation where
the service takes place at sea.
Any service that is interrupted, curtailed or not carried out due to the Customer’s behaviour, failure to comply with instructions or their condition (in particular if they are intoxicated or under the influence of drugs) shall not give rise to any refund, credit note or compensation.
10.5. Pets
Pets are strictly prohibited.
10.6. Smoking
Smoking is strictly prohibited in the sauna and in the surrounding area.
This ban applies to all tobacco and similar products, including, in particular, cigarettes, cigars, pipes and electronic vaping devices.
Any breach of this ban may result in the Customer being immediately excluded from using the facility.
ARTICLE 11 – PHOTOGRAPHY, VIDEO AND PRIVACY
As this service is intended for leisure and relaxation, each Customer undertakes to respect the privacy, image rights and peace and quiet of other participants and of the COMPANY’s staff.
Any photographs, videos or recordings taken by a Customer during the service may only be used for strictly personal and private purposes, provided that they do not capture, record, reproduce or broadcast the image, voice or any other element that could identify another person without that person’s prior consent.
In particular, no Customer is permitted to photograph, film or record other participants or members of staff in a manner that infringes upon their privacy, peace and quiet or safety.
The broadcasting, publication or sharing, on any medium and in particular on social media, of the image or voice of an identifiable person recorded during the performance may only take place with the prior consent of the person concerned and, in the case of minors, of their legal guardian.
The COMPANY reserves the right, for reasons relating to security, privacy, the smooth running of the event, or the protection of its staff and customers, to prohibit, restrict or put a stop to any filming, recording or broadcasting taking place during the event.
The Customer remains solely responsible for any recordings, publications or broadcasts it produces and indemnifies the COMPANY against any claim, action or judgment arising from an infringement of a third party’s image rights, privacy rights or any other rights as a result of its actions.
The COMPANY will not take or use any photographs or video recordings that could identify a Customer for communication or promotional purposes without the Customer’s prior, express and specific consent, obtained separately.
ARTICLE 12 – LIABILITY
THE COMPANY shall not be held liable for any loss, theft or damage to the Customer’s personal belongings (including clothing, luggage, valuables or electronic devices), as these remain in the Customer’s sole custody throughout the duration of the service. Items left behind at the end of the service may, where applicable, be returned to the Customer. Shipping and handling costs shall be borne exclusively by the Customer.
The Customer is expressly informed that the specific conditions of the service, in particular exposure to high heat and humidity, are likely to damage sensitive items, particularly electronic devices. The bringing in and use of such items is the sole responsibility of the Customer. In general, it is the Customer’s responsibility to remove any personal belongings that may pose a risk to their safety or that of third parties, in particular metal objects that may cause burns due to the heat.
THE COMPANY shall not be held liable for any personal injury or property damage resulting from the use of unsuitable personal belongings or failure to comply with safety instructions. The Customer is liable for any damage, whether direct or indirect, that they may cause to the facilities, equipment or materials made available to them. THE COMPANY reserves the right to charge the Customer for the full cost of any necessary repairs or replacements.
THE COMPANY shall not be held liable for any incident occurring outside the scope of the service itself, in particular on land, outside areas under its supervision or after the service has ended.
ARTICLE 13 – SAFETY INSTRUCTIONS
The COMPANY is bound by a duty of care regarding safety measures towards the Customer in the provision of its services. As such, the COMPANY undertakes to implement all necessary measures to ensure the Customer’s safety. The floating sauna is equipped with safety devices that comply with current regulations, particularly in terms of fire safety and rescue equipment. A trained member of the COMPANY’s staff is present on board throughout the duration of the service to ensure supervision, the Customer’s safety and a rapid response in the event of an incident.
The Customer acknowledges that this system is intended to ensure their safety, without however excluding the risks inherent in the nature of the activity, and undertakes to strictly comply with the instructions provided to them. As such, the Customer undertakes to strictly comply with all safety, usage and organizational instructions provided to them by the COMPANY or its staff, both before and during the service. In the event of the Customer’s failure to comply with the safety instructions, the COMPANY shall not be held liable for any resulting damage where such failure is the sole cause of the damage, unless the fault
lies with the COMPANY, in particular in the event of a breach of its safety obligation.
13.1. Swimming and Water Play Area
THE COMPANY does not provide any teaching, coaching or supervision services relating to diving, swimming or underwater activities.
As part of the services provided on the quay, a designated immersion area around the floating sauna is made available to the Customer, within which periods of immersion in the water are offered, under the Customer’s sole responsibility, as this area does not constitute a swimming zone.
As part of the services provided at sea, swimming sessions are offered. These take place under the Customer’s sole responsibility. Swimming is strictly reserved for persons who: can swim; are physically fit; and have no particular fear of being far from the shore.
The Customer acknowledges that they have been informed of the risks inherent in any immersion or swimming in a natural environment (currents, water temperature, etc.) and participates in full knowledge of these risks.
The Company shall not be held liable in the event of an incident or accident occurring during immersion or swimming, except in the case of fault attributable to it, in particular in the event of a breach of its safety obligations.
13.2. Use of heating equipment
As part of the service, a wood-burning stove integrated into the installation is used to generate heat.
This appliance generates intense heat and contains components that can reach temperatures capable of causing serious burns or posing a fire risk if handled incorrectly. The Customer is authorised to pour water onto the stove stones, using only the equipment provided for this purpose (bucket and ladle), and in strict compliance with the instructions provided by the COMPANY. Such use must be reasonable, gradual and appropriate, in order to avoid any excessive steam spray or any risk to the safety of other people.
The Customer is strictly prohibited from using any product other than the water provided for this purpose (including essential oils, perfumes, alcohol, or any other liquid, the list being non-exhaustive), to open the stove, to place any items inside it, to handle the wood or any combustion material, to pour any liquid or product onto the heating system, or to touch hot surfaces or areas marked as such. Only the COMPANY’s staff are authorised to work on the technical components of the heating system. The Customer acknowledges having been informed of the hazardous nature of this system and undertakes to strictly comply with these instructions as well as any further instructions that may be given. The COMPANY shall not be held liable for any incident resulting from failure to comply with these provisions, except in the event of fault attributable to it, in particular in the event of a breach of its safety obligations.
The Customer acknowledges that the service provided by THE COMPANY involves risks inherent to this type of activity. The Customer declares that they are fully aware of these risks and agrees to take part in the service in full knowledge of the facts.
ARTICLE 14 – INTELLECTUAL PROPERTY
The content available on the website (text, photographs, images, audio and video) is protected by intellectual property rights. Under no circumstances may the Customer reproduce, modify or publish all or part of the website without the prior written consent of OLDERFJORD.
ARTICLE 15 – INSURANCE
THE COMPANY declares that it holds professional indemnity insurance covering the financial consequences of its liability in connection with its business activities. It is responsible for the quality of the services provided. However, the COMPANY shall not be held liable for any incidents or accidents caused by malicious acts, natural disasters, wars, floods, earthquakes, fires, storms or force majeure.
The Customer undertakes to hold personal liability insurance and, where applicable, personal accident insurance covering any damage they may suffer or cause through their own actions during the service. A copy of the insurance policy may be requested by THE COMPANY at the time of booking or before the start of the service. In any event, the Customer remains liable for any damage that they, or persons in their care, may cause: to any third parties and to THE COMPANY’s property.
ARTICLE 16 – COMPLAINTS
Any complaint regarding a service must be sent by post or email to the COMPANY within seven (7) days of the date on which the service was provided. After this period, no complaints will be considered. The COMPANY undertakes to acknowledge receipt of the complaint and to respond to it within seven (7) days.
ARTICLE 17 – UNFORESEEABLE CIRCUMSTANCES
These General Terms and Conditions expressly exclude the legal regime governing unforeseeable events set out in Article 1195 of the Civil Code. The COMPANY and the Customer each waive the right to rely on the provisions of Article 1195 of the Civil Code and the regime of unforeseeable events provided for therein, each undertaking to fulfil their obligations even if the contractual balance is disrupted by circumstances that were unforeseeable at the time the contract was concluded, even even if their performance proves to be excessively onerous, and to bear all the economic and financial consequences thereof.
ARTICLE 18 – FORCE MAJEURE
Neither Party to the contract shall be held liable for any delay or failure to perform any of its obligations under the contract if such delay or failure is the direct or indirect result of a force majeure event. In this context, force majeure refers to any external, unforeseeable and unavoidable event within the meaning of Article 1218 of the Civil Code. The following, in particular, may constitute cases of force majeure, although this list is not exhaustive: weather conditions rendering the provision of the service impossible or dangerous; decisions or restrictions issued by administrative authorities; natural disasters
; fires; unforeseeable breakdowns or damage affecting the COMPANY’s facilities, as well as any external event preventing the performance of the service under normal safety conditions, accidents, serious illnesses or events preventing the presence of the Customer or the COMPANY’s staff, subject to the provision of a medical certificate. The Party invoking a force majeure event must inform the other Party as soon as possible, by any means. In the event of a temporary impediment, performance of the obligation shall be suspended for the duration of the event. The COMPANY may propose postponing the service to a later date, subject to availability. If the impediment continues beyond the scheduled date of the service and renders its performance definitively impossible, the contract shall be automatically terminated. In this case, the Parties shall be
released from their obligations, and any sums paid by the Customer shall give rise to a refund or the issue of a credit note, to the exclusion of any additional compensation.
ARTICLE 19 – MEDIATION
In accordance with Article L111-1(6) of the Consumer Code, the COMPANY hereby informs the consumer that they have the right to refer the matter to a consumer mediator under the conditions set out in Title I of Book VI of the said Code. Pursuant to Article L. 612-1 of the Consumer Code, any consumer has the right to refer a dispute with the COMPANY to a consumer mediator free of charge with a view to reaching an amicable resolution. The COMPANY may establish its own consumer mediation scheme or offer the consumer the option of using any other consumer mediator meeting the requirements of Title I of Book VI of the Consumer Code. In the event of any difficulty, the COMPANY invites the Customer to lodge a complaint within the time limit set out in Article 16 of these General Terms and Conditions. Within one year of the complaint, pursuant to Article R. 616-1 of the Consumer Code, the Customer may have their claim examined by a mediator whose contact details are set out below, bearing in mind that, barring exceptions, a dispute may only be examined by a single mediator:
CM2C
49 rue de Ponthieu
75 008 PARIS
Phone : 01 89 47 00 14
Website : https://www.cm2c.net/declarer-un-litige.php
Mail : litiges@cm2c.net
ARTICLE 20 – GOVERNING LAW
By express agreement between the Parties, this contract is governed by and subject to French law. It is drafted in French. Should it be translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute. In the event of a dispute with a business customer and in the absence of an amicable resolution, jurisdiction is assigned to the courts of the COMPANY’s registered office. In the event of a dispute with a consumer Customer and in the absence of an amicable resolution, pursuant to Article R. 631-3 of the French Consumer Code, the consumer may bring the matter before either: one of the courts with territorial jurisdiction under the Code of Civil Procedure; or the court of the place where they were resident at the time the contract was concluded or the harmful event occurred.
ARTICLE 21 – PERSONAL DATA
The information collected about the Customer is processed electronically by the COMPANY and is essential for processing their booking. This information and personal data is also retained for security purposes and to comply with legal and regulatory obligations. It will be retained for as long as necessary to fulfill the service. The data controller is the Chairman of the COMPANY located at [*].
Access to personal data will be strictly limited to employees of the data controller who are authorized to process such data by virtue of their duties. The information collected may be disclosed to third parties contracted by the COMPANY to carry out subcontracted tasks, without the Customer’s authorization being required. In accordance with Law No. 78-17 of 6 January
1978 on data processing, files and freedoms, as amended by Law No. 2004-801 of 6 August 2004, and by European Regulation No. 2016/679, the Customer has the right to access, rectify, erase and transfer data concerning them, as well as the right to object to processing on legitimate grounds; they may exercise these rights by contacting the data controller at the postal or email address mentioned above, enclosing valid proof of their identity. In the event of a complaint, the Customer may contact the French Data Protection Authority (CNIL).
