Terms and conditions

Article 1 – Preamble

Article 1.1. Seller designation
OHAY Canoë-Kayak
Registered office: 54 Rue Waldeck Rousseau, Pouilly Sur Loire, 58150
SIRET: 935 234 633 00011
Phone: +33 685418812
Email: hello@ohaycanoekayak.fr
Legal representative: Hicham HACHKAL
Hereinafter referred to as "the Lessor"

Article 1.2. Purpose
These general conditions define the rights and obligations of the parties within the framework of the rental of canoes and kayaks by the Lessor to any person legally capable of contracting (hereinafter referred to as "the Client(s)"), whether a consumer or a professional under the Consumer Code.

Article 1.3. Definitions

Client: natural or legal person contracting with the Lessor under these general terms and conditions of sale. The Client must be over 18 and legally capable of contracting.
Group: set of nine or more persons under a single reservation by a representative.
Participant: any person taking part in the service, even if not directly contracted with the Lessor.
Service: canoe and kayak rental and possibly an ancillary shuttle service.
Online contract: contract concluded through purchase of service(s) on the Lessor’s website at https://ohaycanoekayak.fr
Distance contract: any contract concluded through an organized system of remote sale or service provision, without simultaneous physical presence of the professional and consumer, by exclusive use of one or more remote communication techniques until the contract/quote conclusion, excluding the website.

Article 2 – Scope and applicability
These general terms of sale apply automatically to all services sold or offered for sale by the Lessor. They apply to sales made through all distribution and marketing channels.

Any order or purchase implies unreserved acceptance of these general terms of sale, which prevail over any other terms except those expressly accepted by the Lessor and included in the signed reservation contract/quote.

The Client declares having read and accepted these terms prior to booking and signing the contract/quote.

Article 3 – Pre-contractual information
The Client acknowledges having received, prior to placing their order and/or signing the contract/quote, in a readable and understandable manner, these general and specific conditions of sale and all information listed in article L. 221-5 of the Consumer Code when acting as a consumer.

Article 4 – Price

Article 4.1. Final price and additional taxes‍

The rental price is quoted in euros, all taxes included (TTC) per boat. It may be expressed as a package for groups. It may be calculated depending on the number of participants.

The price includes elements indicated in the signed quote/contract.

Article 4.2. Payment methods
The Client guarantees the Lessor that they have any necessary authorizations to use the chosen payment method at contract validation/signing. The Lessor reserves the right to suspend any reservation handling and service execution if card payment authorization is refused by accredited institutions or in case of non-payment of any amount due under the contract.

Payments by the Client are only final once effectively received by the Lessor.

The Client may pay by one of the following secure methods depending on the service reserved:
a. Credit or debit card online (Visa, Mastercard, etc.)
b. Bank check
c. Bank transfer (transfer fees borne by the Client)
d. Holiday vouchers ("chèques vacances")
e. Cash

Article 5 – Equipment rented
The rented equipment ("Equipment") includes what is indicated in the service description.
It always includes:

The boat
Paddles
Buoyancy aids (life jackets)
A dry bag

Article 6 – Security deposit
The Lessor may request a security deposit upon booking, the amount of which is indicated on the quote and service description.

This deposit may be retained in whole or in part if damage occurs to the Equipment while under the Client’s responsibility (without prejudice to additional compensation corresponding to the full amount of damage).

Article 7 – Use of rented Equipment
The rental confirmation transfers custody of the rented Equipment to the Client for the duration of the rental. Rental starts at handover of the Equipment by the Lessor and ends upon its return to the Lessor according to the contract.

The Client agrees to take care of the Equipment and return it in the same condition as at handover.

In case of damage, the Client agrees to reimburse the full cost. The base price for rented equipment is as follows:

Canoe: €1000
Kayak: €700
Paddle: €100 each
Life jacket: €100
Dry bag: €50

Article 8 – Client obligations
The Client commits on behalf of themselves and all participants they represent:

That each participant can swim 25 meters and submerge
That each participant wears a buoyancy aid
That each participant wears closed shoes during the entire navigation period
To return all rented Equipment in original condition
To hold valid personal civil liability insurance on the day of the service
To have no physical or psychological contraindications to the activity (e.g. pregnancy)
To refrain from navigating with children under 5 years old, wearing boots, abandoning equipment or trash on the route, or entering private property without authorization
That all participants grant image rights to the Lessor according to the next article
To generally comply with safety instructions in article 8, the Safety Charter (appendix), and on-site instructions from the Lessor or its team

Article 9 – Image rights transfer
The Lessor may take photos or videos in which the Client may appear.

By accepting these terms, the Client authorizes without reservation the Lessor to capture and use images taken during the service.

Images may be used worldwide by the Lessor for ten years free of charge.

The Lessor shall not commercialize or use images in a way that harms privacy or reputation.

Article 10 – Reservations
Reservation methods:

Online sales: Client selects services, adds to cart, accepts terms, pays online, receives confirmation email.
On-site sales: Client chooses services on-site, reads and accepts displayed terms, pays on site.
Remote sales: Client books by email or phone; Lessor records reservation and sends confirmation email. On service day, Client accepts displayed terms.

For Group bookings, the final number of participants must be confirmed no later than 3 days before the service.

Article 11 – No right of withdrawal
According to articles L. 221-28 and L. 221-2 of the Consumer Code, no right of withdrawal applies to services related to accommodation, transportation, car rental, catering, or leisure activities to be provided on a specific date or period.

The Lessor invokes this and the Client has no right of withdrawal for such services.

Article 12 – Safety
Client agrees to respect the Safety Charter (appendix).

Minors under 18 not accompanied by an adult may not rent equipment.

Activity open from age 5 if child can swim, submerge, and is comfortable in water.

Lessor cannot verify participants’ skill or health; Client ensures participants are able and medically fit.

Participants must not be under influence of alcohol, drugs, or substances altering judgment.

Lessor may refuse or exclude participants for safety or behavior reasons without refund.

Article 13 – Liability
Lessor holds professional liability insurance.

Participants must have civil liability insurance (preferably accident insurance).

For non-guided rentals, participants act at their own risk and responsibility.

Participants acknowledge risks due to aquatic environment and must follow safety rules.

Lessor not responsible for loss, theft, or damage of personal items (phones, cameras, etc.).

Participants should protect valuables with waterproof cases; Lessor not responsible for damaged contents of dry bags.

Article 14 – Contract modification
Shortened or unused services due to Client do not entitle refunds.
Only contracted services are guaranteed by Lessor.
Changes must be agreed in writing and may incur extra charges.
For Groups, if fewer participants than confirmed show up, full original price applies. If more, Lessor may refuse extra participants; refusal to reduce group size may result in contract termination without refund.

Article 15 – Contract termination

15.1 By Client:
Client may cancel before service start by informing Lessor by email or mail at least 48 hours prior.
Lessor may charge cancellation fees and retain deposits/payments as per schedule.
Group cancellations after final confirmation are non-refundable.
Cancellation due to force majeure exempts fees.

15.2 By Lessor:
Lessor may cancel before service start; Client offered rescheduling or refund.
No additional compensation if cancellation due to safety or force majeure.

Article 16 – Personal data protection

16.1 Data collected:
Lessor collects personal data: first name, last name, title, postal address, email, phone number, contract details, payment info.

16.2 Purpose:
Data collection is essential to contract execution; refusal may impede service and does not engage Lessor’s liability.
Data used exclusively for client management, contract execution, accounting, communication, and marketing with Client’s consent.

16.3 Authorized persons:
Lessor’s employees, partners, and subcontractors involved in service delivery have access, complying with law.

16.4 Data retention:
Data kept for legal duration or max 5 years. Card data retained only as long as needed for transaction. Prospective clients’ data retained for 3 years if no contract.

Newsletter data kept until unsubscribe.

Lessor implements security measures but cannot guarantee internet security.

A document detailing rights and obligations related to data processing is available on request.

16.5 Data subject rights:
Users have rights to access, correct, oppose, and delete data. Requests must be signed and sent to the data controller with ID proof.
DPO is Hicham HACHKAL, hello@ohaycanoekayak.fr.
Complaints may be filed with CNIL (https://www.cnil.fr).

16.6 Clause modification:
Lessor may update this clause anytime, will publish updates 15 days before effect and notify users by email.

16.7 Telephone marketing opposition:
Users can register at http://www.bloctel.gouv.fr/ to opt-out of telemarketing.

Article 17 – Insurance
Lessor holds professional civil liability insurance.
Client commits to have their own civil liability insurance.

Article 18 – Dispute resolution

18.1 Applicable law:
These conditions are governed by French law. Consumer protection laws of Client’s residence apply.

18.2 Mediation:
Lessor offers consumer mediation via SAS CNPM - MÉDIATION - CONSOMMATION. Claims can be filed at http://cnpm-mediation-consommation.eu or by mail at CNPM - MÉDIATION - CONSOMMATION, 27 avenue de la Libération, 42400 SAINT-CHAMOND.

18.3 Online sales:
Clients who purchased online can file disputes per EU regulation 524/2013 at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.

18.4 Proof:
Data stored in Lessor’s information systems have probative value and may be used as evidence in court equivalent to written documents.

GENERAL TERMS AND CONDITIONS OF SALE