EURL YO DEMAER
GENERAL AND SPECIAL CONDITIONS OF SALE
GENERAL CONDITIONS OF SALE
Cause
The general conditions of sale described below detail the rights and obligations of the company EURL YO DEMAER located at 2 lot les Hauts de Saint-Francois 97118 SAINT FRANCOIS with share capital of €3,000, registered in the Trade and Companies Register of Pointe à Pitre under SIRET number 81965636400018 represented by Mr. POURCHAUX Yannick, as manager, duly authorized for the purposes hereof and of his client in the context of the sale of the following goods: excursions on board the Flibustier and H2O boats.
Any service provided by EURL YO DEMAER therefore implies the buyer's unreserved acceptance of these general and specific conditions of sale.
Price
Excursion prices are those in effect on the day of booking. They are quoted in euros and include the tax on maritime passengers embarked to protected natural sites. As EURL YO DEMAER is not subject to VAT (Article 262.II of the French General Tax Code), invoicing will therefore be exclusive of VAT.
Rates are per person if there is no privatization or a single rate if there is privatization. In the case of privatization, the rate is applicable regardless of the number of passengers (1 to 12 passengers for the Flibustier and 1 to 35 passengers for the H2O).
EURL YO DEMAER reserves the right to modify its prices at any time. However, it undertakes to charge for excursions at the prices indicated at the time of booking.
Discounts and rebates
The proposed prices include the discounts and rebates that EURL YO DEMAER may grant taking into account its results or the assumption by the buyer of certain services.
Discount
No discount will be granted for early payment.
Payment terms
Payment for excursions and deposits is made:
• either by check;
• either by bank card;
• either by PayPal;
• either by transfer.
To confirm the reservation, the buyer must pay a deposit of €15 per person, with the balance to be paid no later than the morning before the excursion.
Late payment
In the event of total or partial non-payment of the excursion on the scheduled day of its execution, the company EURL YO DEMAER reserves the right to cancel the service. In this case, the buyer is liable for cancellation fees as defined in the CANCELLATION paragraph.
Force majeure
EURL YO DEMAER cannot be held liable if the non-performance or delay in the performance of one of its obligations described in these general terms and conditions of sale results from a case of force majeure. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code. Thus, EURL YO DEMAER reserves the right to cancel or postpone an excursion without notice if weather conditions do not allow an outing in acceptable safety conditions.
SPECIAL CONDITIONS OF SALE
Right of withdrawal
In accordance with Article L 121-21 of the Consumer Code, the consumer has a period of fourteen days to exercise his right of withdrawal after the day of conclusion of the contract, without having to justify his decision or bear any costs other than those provided for in Articles L. 121-21-3 to L. 121-21-5. Any clause by which the consumer waives his right of withdrawal is null and void.
Exception to the right of withdrawal: The exercise of the right of withdrawal is subject to exceptions and is excluded in particular for contracts for the provision of accommodation, transport, catering and leisure services, which must be provided on a specific date or at a specific frequency.
You cannot therefore use the right of withdrawal concerning reservations made with our company.
Ship capacity
As EURL YO DEMAER's ships have limited capacity (12 passengers for the Flibustier and 35 passengers for the H2O), we cannot accommodate more people than indicated above. We therefore ask that you please specify the number of people who will be taking the excursion when booking.
Animals
No animals of any species or size are allowed on board our ships.
Cancellation by the customer
In the event of cancellation, the client or their beneficiaries must immediately notify EURL YO DEMAER verbally with written confirmation. The cancellation will take effect on the date of receipt of the letter, email, or telephone message. Any cancellation will result in the following fees being payable: Cancellation more than 48 hours before the start date of the excursion, no fees. Cancellation between 24 and 48 hours before the date of the excursion, 20% of the amount of the excursion. Less than 24 hours before the start of the excursion, the total amount of the excursion will be required. Regardless of the reason for your cancellation, the amount of these fees cannot be reduced, as the company cannot be held liable for any situations specific to you. Any excursion interrupted or shortened by the client for any reason whatsoever will not give rise to any refund.
Cancellation by the company
Apart from the cases of force majeure described above, EURL YO DEMAER reserves the right to cancel or postpone the excursion without notice if the minimum number of participants is not reached (except for private bookings).
Participant's abilities in excursions
Each participant in the excursion remains the sole judge of his or her physical capacity to participate in the various activities of the program.
Swimming during the excursion is the participant's responsibility.
Personal effects
EURL YO DEMAER cannot be held responsible for any damage or loss relating to the personal effects of participants in excursions on its ships.
Last modified date: January 2020
