General terms and conditions of sale
SAILCOOP is a société coopérative d’intérêt collectif (SCIC) (cooperative society of collective interest) which has set itself the mission of creating the first cooperative network for sailing trips, designed as an alternative to carbon-based transport, in order to offer the first crossings to Corsica and to open other lines in Europe and the Mediterranean, and finally to launch transatlantic crossings in a flotilla, with the ambition of creating a maritime network to cross the seas and oceans without leaving a trace.
Preliminary article – Definitions
For the purposes of interpreting these General Terms and Conditions, the Parties agree to the following definitions:
– Passenger(s).
– The persons, members of the SAILCOOP cooperative or not, booking and benefiting from the Services.
General Conditions or General Sales Conditions or GSC:
The present General Conditions.
Special Conditions:
The Particular Conditions, a standard example of which is shown in Appendix No. 2, generated through the SAILCOOP platform, according to the characteristics of the Services chosen, governed by the General Conditions and the Particular Conditions.
Contract :
The contract, which is made up of the General Terms and Conditions and their appendices and the Special Terms and Conditions, applicable to the Services.
Subscription :
The price of the Services.
Sailcoop :
The SAILCOOP cooperative, acting in its capacity as shipowner, Société coopérative d’intérêt collectif, Société anonyme à capital variable, entreprise de l’économie sociale est solidaire, in the process of being registered with the RCS of Vannes and having its registered office at 4 allée du Clos de Bernus, 56000 VANNES, represented by its manager with full powers for the purposes hereof. E-mail: bonjour(a)sailcoop.fr – telephone: 06 75 94 40 81.
Services:
The Services booked by the Passenger on the sailcoop.fr website and governed by the Contract.
Parties:
Together, Sailcoop and the Passenger(s).
Article 1 – Scope of application – Acceptance
The present General Terms and Conditions of Sale, or GTC, apply, without restriction or reservation, to any booking of a crossing (the Services) offered by SAILCOOP to consumers and non-professional Passengers on its website voilasailcoop.fr. The main characteristics of the Services are presented on the voilasailcoop.fr website. Passengers are obliged to read them before making any reservation. The choice and purchase of a Service is the sole responsibility of the Passenger. These terms and conditions apply to the exclusion of all other terms and conditions, in particular those applicable to other Service marketing channels. They may be supplemented by special conditions, set out on the website, prior to any transaction with the Passenger, formalised in accordance with the model attached hereto, which refers to and is governed by these General Terms and Conditions of Sale. These General Terms and Conditions of Sale can be accessed at any time on the website and shall prevail, where applicable, over any other version or any other contradictory document. In the absence of proof to the contrary, the data recorded in Sailcoop’s computer system constitutes proof of all transactions concluded with the Passenger. In accordance with the French Data Protection Act of 6 January 1978, reinforced and supplemented by the RGPD (General Data Protection Regulation) which came into force on 25 May 2018, Passengers have the right to access, rectify, object to, delete and port all their personal data at any time by writing, by post and providing proof of their identity, to: SAILCOOP, 4 allée du Clos Bernus – 56 000 VANNES or bonjour(a)sailcoop.fr. The Passenger declares that they have read these General Terms and Conditions of Sale and have accepted them by ticking the box provided for this purpose before starting the online booking procedure, as well as the general terms and conditions of use of the voilasailcoop.fr website. Validation of the reservation of Services by the Passenger implies acceptance without restriction or reservation of these General Terms and Conditions of Sale. Passengers acknowledge that they have the required capacity to contract and acquire the Services offered on the voilasailcoop.fr website. As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Passenger’s purchase is that in force on the website on the date of the reservation. Modifications to these General Terms and Conditions of Sale are enforceable against users of the voilasailcoop.fr website from the date they are put online and cannot be applied to transactions concluded previously.
Article 2 – Booking – Modification – Cancellation
2.1 Booking procedures
Advance booking via the voilasailcoop.fr website is compulsory. The Passenger must present themselves at the boarding gate with a ticket, the Special Conditions generated at the time of reservation being deemed to be the ticket.
Passengers select the Services they wish to book on the site, according to the following procedures, by choosing the characteristics of the Services in particular:
Dates and times of departure and arrival;
Port of departure and arrival;
Any options.
After choosing the characteristics and options, the Passenger is informed of the price, which corresponds to the total amount of the Services excluding any additional costs, determined under the conditions set out in article 4.
These characteristics are set out and detailed in the Special Conditions generated at the time of booking, which constitute the ticket. Contractual information is presented in French and is confirmed at the latest when the reservation is validated by the Passenger. A reservation is recorded on the Sailcoop website when the Passenger accepts these General Terms and Conditions of Sale by ticking the box provided for this purpose and validates their reservation.
Passengers have the opportunity to check the details of their booking, its total price and to correct any errors before confirming their acceptance (article 1127-2 of the French Civil Code). This validation implies acceptance of these General Terms and Conditions of Sale in their entirety and constitutes proof of the sales contract.
It is therefore the Passenger’s responsibility to check the accuracy of the booking and to report any errors immediately.
The sale of Services will only be considered definitive once Sailcoop has sent the Passenger confirmation of acceptance of the reservation by e-mail and once Sailcoop has received payment in full for the Participation.
Any reservation made on the voilasailcoop.fr website constitutes the formation of a contract concluded remotely between the Passenger and Sailcoop.
Sailcoop reserves the right to cancel or refuse any reservation from a Passenger with whom there is a dispute relating to the payment of a previous reservation.
2.2 Changes to the booking
Any changes to the reservation made by the Passenger may only be taken into account by Sailcoop within the limits of its possibilities and on condition that they are notified in writing (by e-mail or post) to Sailcoop at least 8 days before the planned date of embarkation for the provision of the reserved Services.
Where applicable, these modifications will give rise to the drawing up of a new quotation and a price adjustment.
In the event that these modifications cannot be accepted by Sailcoop, the sums paid by the Passenger will be refunded within a maximum period of 30 days from the notification of the impossibility of accepting the modifications made by Sailcoop to the Passenger, unless the Passenger prefers to benefit from a credit note.
2.3 Cancellation conditions
Reservations may be cancelled by the Passenger within the time limits and subject to the charges shown below:
Cancellation more than 15 days before the date on which the Services are to be provided (pick-up date defined in the Special Conditions) without charge;
Cancellation between 15 and 8 days before the date of provision of the Services (pick-up date defined in the Special Conditions), in which case Sailcoop will retain 50% of the total amount of the participation defined in the Special Conditions;
Cancellation less than 8 days before the date on which the Services are provided (pick-up date defined in the Special Conditions), in which case Sailcoop will retain 100% of the total amount of the participation defined in the Special Conditions.
In the event of cancellation due to weather conditions, the Passenger will be offered several alternatives, including :
– postponement of their journey to a later date and subject to availability on Sailcoop routes.
– a full refund of their ticket.
Article 3 – Prices
3.1 Participation
The Passenger’s Contribution constitutes the price of the Services, corresponding to the crossing booked.
As an option, when available for the Service in question, the Passenger may add the following items:
– Cancellation insurance
– Bicycle transport (subject to availability, only 6 bicycles may be taken on board simultaneously on each ship).
3.2 Information on the amount of the Booking Fee
The Services offered by Sailcoop are provided at the prices in force on the voilasailcoop.fr website according to the characteristics chosen by the Passenger when the reservation is recorded by Sailcoop.
Prices are expressed in Euros, excluding VAT and including VAT. The price of options is indicated before the reservation is made and the Passenger is informed of the total amount before the reservation is validated.
Fares take into account any reductions that may be granted by Sailcoop under the conditions specified on the voilasailcoop.fr website. These prices are firm and non-revisable during their period of validity, as indicated on the voilasailcoop.fr website, Sailcoop reserving the right, outside this period of validity, to modify the prices at any time. For the application of preferential rates, Sailcoop reserves the right to request documents justifying the age and situation of the Passengers concerned.
An invoice is drawn up by Sailcoop and given to the Passenger when the reserved Services are provided.
The Services offered by Sailcoop are provided at the rates in force on the date of confirmation of acceptance of the reservation by Sailcoop, as communicated to the Passenger prior to making the reservation. The passenger fee and the tax on the maritime transport of passengers to protected natural areas are included. The price indicated in the confirmation of the reservation by Sailcoop is the definitive price, expressed in Euros, exclusive of tax and inclusive of all taxes, subject to the portion corresponding to taxes or duties that Sailcoop must collect at the rate applicable on the date of the Services and whose rate has been modified subsequent to the reservation by the authorities.
Article 4 – Terms of payment
4.1 Payment for Services
The price is payable in cash, in full, on the day the reservation is made by the Passenger, in accordance with the terms and conditions specified in the “Reservation” article above, by secure payment in accordance with the following terms and conditions:
by bank card: Carte Bancaire, Visa, MasterCard, American Express, other bank cards, etc.
by electronic purse,
by cheque, for all bookings of €20 or more including VAT,
by bank transfer.
No deposit or advance payment within the meaning of Articles L214-1 et seq. of the French Consumer Code will be made, as this is explicitly excluded.
Payment by bank card is irrevocable, except in the event of fraudulent use of the card. In this case, the Passenger may request the cancellation of the payment and the return of the corresponding sums.
If payment is made by cheque, it must be issued by a bank domiciled in mainland France or Monaco.
The cheque will be cashed on receipt.
Payment data is exchanged in encrypted mode.
Sailcoop will not be obliged to provide the Services booked by the Passenger if the price has not been paid in full in advance in accordance with the above conditions.
Payments made by the Passenger will only be considered as final once Sailcoop has actually received the sums due.
4.2 Obligation to pay – no right of withdrawal
As this is a passenger transport contract, the right of withdrawal is excluded pursuant to article L221-2 9° of the French Consumer Code.
Before booking, Sailcoop will remind the Passenger, in a legible and comprehensible manner, of the information relating to the essential characteristics of the goods or services which are the subject of the order and their price, and that the Passenger’s obligation to pay is definitive in the absence of a right of withdrawal.
Article 5 – Provision of Services – Conditions of carriage – Information on passenger rights
5.1 Provision of Services
The Services booked by the Passenger are provided within the framework of the Contract, which constitutes a contract of carriage to the exclusion of any tourist package or “cruise”.
The Services will be provided under the conditions set out in these General Terms and Conditions of Sale supplemented by the Special Terms and Conditions of Sale given to the Passenger together with these General Terms and Conditions of Sale, at the address indicated by the Passenger when making their reservation on the voilasailcoop.fr website.
Sailcoop undertakes to make its best efforts to provide the Services booked by the Passenger, within the framework of an obligation of means. Sailcoop will do its utmost to use the wind to propel its vessel within the framework of an obligation of means. However, it reserves the right to use engines for technical, safety or meteorological reasons.
The professional is identified as follows
Name – Denomination: SAILCOOP
Corporate form: Société Sailcoop d’intérêt collectif, a public limited company with variable capital
Share capital: 30,000 euros,
Registered office: 4 allée du Clos de Bernus – 56 000 VANNES
Registration number: B 904 141 678 at the RCS of Vannes.
5.2 Information on passenger rights
The Services are governed by REGULATION (EC) No 392/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents. The rights of passengers arising from the application of this text are described in the Appendix.
However, Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway is not applicable to the Services, by application of Article 2, excluding carriage :
on ships authorised to carry up to twelve passengers ;
on ships where the crew responsible for operating the ship comprises no more than three people;
on ships that are not propelled by mechanical means and on original historic passenger ships or individual copies of such ships designed before 1965 and built essentially of original materials, authorised to carry up to thirty-six passengers.
5.3 Image rights
The customer or beneficiary expressly authorises Sailcoop to use the photographs taken during the crossings and/or services, provided that there is no infringement of his/her image and respect for his/her individual privacy. The customer understands that he/she will never receive any payment for this. The customer or beneficiary is informed and authorises the present photograph(s) to be used for advertising purposes, or to be exhibited or published in the commercial or non-commercial circuit. Sailcoop undertakes
– not to invade the customer’s privacy
– not to distribute the customer’s image in any medium of a pornographic, xenophobic, violent or illegal nature,
xenophobic, violent or illicit.
– Not to damage the customer’s reputation by any captions accompanying the use of all or part of the customer’s image.
Article 6 – Conditions of carriage
6.1 Boarding
Passengers are requested to present themselves for boarding at least 30 minutes before the scheduled departure time.
Sailcoop may refuse boarding to any person who objects to their baggage being visually inspected or searched or to security checks being carried out, as well as to any person who contravenes provisions the non-observance of which is likely either to compromise the safety of persons or to disturb public order. For international transport, Sailcoop may refuse boarding or disembarkation to any passenger who does not present a document authorising him/her to disembark at the point of arrival and at the scheduled stopovers.
6.2 Baggage
Each passenger may carry up to 20 kilograms of personal baggage per person in soft bags such as rucksacks or soft bags (suitcases are not permitted).
Luggage is in the custody of passengers during the crossing. Sailcoop declines all responsibility in the event of theft, disappearance, loss or damage of this luggage or personal effects. If luggage confined to Sailcoop is not claimed at the port of arrival, Sailcoop may store this luggage (excluding any deposit contract) until it is claimed and charge the storage costs. It will dispose of any perishable items contained in the baggage. Sailcoop cannot be held responsible for the loss or deterioration of luggage stored in this way.
Bicycles are considered as special luggage and may be taken on board, subject to prior reservation of the option referred to in article 3.2, subject to availability, as only six bicycles may be taken on board simultaneously on a vessel.
Sailcoop reserves the right to refuse the embarkation of products which are dangerous to the safety or health of the vessel, the crew, passengers or third parties, in particular: weapons, illicit, noxious or dangerous substances, bulky objects or objects likely to endanger the safety of navigation due to their volume or mass.
Customs duties, import duties or taxes of any kind may be payable, in particular when the Passenger is carrying goods likely to incur such duties or when fixed costs are required for entry into a third country or for return to France from a third country (visa, local taxes, tourist taxes, etc.). These costs will be borne by and are the sole responsibility of the Passenger.
6.3 Minors
Minors travel under the full supervision and responsibility of their parents or the adult responsible for their care or supervision. Sailcoop may refuse to transport minors travelling alone.
6.4 Pets
Pets are not accepted on board the boat, with the exception of guide dogs.
6.5 Safety on board
For safety on board, it is recommended to limit movement on board the boat.
Passengers are subject to on-board discipline under the authority of the ship’s captain. They must comply with all regulations and appropriate instructions given by Sailcoop, the ship’s captain or any member of the crew.
Sailcoop may refuse access to a passenger whose behaviour is incompatible with the safety of other passengers or the ship. No refund or exchange of ticket will then be possible.
6.6 Passenger’s liability
The Passenger will be liable in the event of damage caused to the Vessel or to the crew or to third parties as a result of his/her fault, under the conditions of common law.
Any damage caused to the Vessel, the facilities, the Baggage, other Passengers or third parties by a Passenger or by persons in his/her custody is the sole and entire responsibility of the Passenger.
Article 7 – Sailcoop’s liability – Guarantees
7.1 Responsibility of Sailcoop
Sailcoop shall keep the vessel seaworthy, suitably manned, equipped and provisioned for the voyage in question and shall take all reasonable care to ensure the safety of the passengers. Sailcoop’s vessels are passenger vessels complying with current safety standards. Sailcoop may be held liable under the conditions of common law.
Sailcoop complies with the insurance obligations imposed by the regulations, the characteristics of the guarantees taken out being described in the appendix.
In order to simplify the handling of situations of delay, cancellation or modification, Sailcoop undertakes to pay a flat-rate compensation on simple request, under the conditions set out in article 7.2 below of the General Terms and Conditions.
7.2 Travel guarantee
The company undertakes to do its best to transport passengers on time and on the scheduled routes.
The company will not be held responsible in the event of delay or suspension of a crossing or cruise due to adverse weather conditions or force majeure, fortuitous events or any other circumstances which will result in the cancellation of the contract without compensation on either side.
The timetable and itinerary of the ship may be modified or cancelled by the company for safety reasons or to provide assistance in order to save lives or property. The company reserves the right to refund the price of the journey not made or to arrange transport by another company.
The company declines all responsibility for any direct or indirect costs incurred as a result of these events.
Sailcoop reserves the right to cancel the Services in the event of circumstances of force majeure as defined by the case law of the French courts. In view of the nature of the Services, the following are considered to be causes of force majeure: unforeseen meteorological phenomena (hurricanes, typhoons, etc.) or weather conditions preventing navigation or political situations (war, strike). Similarly, Sailcoop reserves the right to delay or cancel the Services in order to provide assistance to save human life or property. In the event of force majeure or in order to provide assistance, Sailcoop will offer the passenger, depending on the circumstances, in particular the state of seaworthiness, to the exclusion of any other compensation:
cancellation and reimbursement of services ;
an equivalent transport solution offered by a partner company, Sailcoop being bound by an obligation of best endeavour to limit any delay on arrival, without prejudice, where applicable, to the guarantees applicable in the event of delay on arrival set out below.
For the application of the guarantee, the Passenger is invited to send a complaint to Sailcoop under the conditions set out in article 13 of these General Conditions.
Article 8 – Protection of personal data
Pursuant to Act 78-17 of 6 January 1978 as amended by Act no. 2018-493 of 20 June 2018, Passengers are reminded that the personal data requested from them is necessary for the processing of their booking and the preparation of invoices, in particular.
This data may be communicated to any Sailcoop partners responsible for the execution, processing, management and payment of bookings.
The processing of information communicated via the voilasailcoop.fr website complies with the legal requirements relating to the protection of personal data, as the information system used ensures optimum protection of this data.
In accordance with national and European regulations in force, Passengers have a permanent right of access, modification, rectification, opposition, portability and limitation of the processing of information concerning them.
This right may be exercised under the terms and conditions defined on the voilasailcoop.fr website.
Article 9 – Intellectual property
The content of the voilasailcoop.fr website is the property of SAILCOOP and its partners and is protected by French and international laws relating to intellectual property. Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
Article 10 – Anticipation
In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor.
The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, within the meaning of article 1218 of the French Civil Code and for the causes usually recognised by French case law.
Article 12 – Applicable law – Language
These General Terms and Conditions of Sale and the transactions arising from them are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
Article 13 – Disputes
Complaints should be sent in writing to SAILCOOP, 4 allée du Clos Bernus – 56 000 VANNES or bonjour@sailcoop.fr.
Consumer mediation
All disputes to which the purchase and sale operations concluded in application of these general terms and conditions of sale may give rise, concerning their validity, interpretation, performance, termination, consequences and consequences and which could not be resolved between Sailcoop and the Passenger, will be submitted to the competent legal courts.
Article 14 – Pre-contractual information – Acceptance by the Passenger
The Passenger acknowledges having been informed, prior to making their reservation and concluding the contract, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all the information listed in article L. 221-5 of the French Consumer Code, and in particular the following information: the essential characteristics of the Services ; the price of the Services, options and ancillary costs; in the absence of immediate performance of the contract, the date or deadline by which Sailcoop undertakes to provide the reserved Services; information relating to the identity of Sailcoop, its postal, telephone and electronic contact details, and its activities, if this is not apparent from the context, information relating to legal and contractual guarantees and their implementation procedures; the possibility of mediation in the event of a dispute; information relating to the absence of a right of withdrawal; the means of payment accepted; the conditions for modifying and cancelling the Services. The fact that an individual (or legal entity) makes a reservation on the voilasailcoop.fr website implies full and unreserved acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Services reserved, which is expressly recognised by the Passenger, who waives, in particular, the right to rely on any contradictory document, which would be unenforceable against Sailcoop. Unreserved acceptance applies to the Passenger and any person travelling under their protection, custody or supervision.
Appendix 1 – Information on Passenger Rights
Passengers who are victims of an accident at sea must be able to benefit from an appropriate level of compensation for any damage or loss incurred. To this end, shipowners must be properly insured. Regulation (EC) No 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accidents aims to harmonise the rules on the liability and insurance of shipping companies carrying passengers at sea. This legislation applies to all ships flying the flag of an EU country, travelling to or from a European port or under a European contract of carriage (i.e. a contract between the carrier and passengers setting out rights, obligations and liabilities). It currently applies to all national and international transport, but excludes national transport where the route followed by the ship is less than 5 nautical miles from the coast. Operators’ liability covers passengers, their luggage and vehicles, as well as mobility equipment for people with reduced mobility. In the event of damage or bodily injury caused by a maritime event (i.e. the ship sinking, capsizing, collision or grounding of the ship, an explosion or fire on board the ship or a defect in the ship), the burden of proof for compensation purposes does not lie with the victims. Ship operators are required to make advance payments to cover the immediate economic needs of passengers in the event of death or personal injury caused by a maritime incident. This advance payment does not constitute an admission of liability by the shipping company. The advance in the event of a passenger’s death is €21,000.
Appendix 2 – Model special terms and conditions
Passenger information : Last name : First name : Address : Date of birth : Nationality : Representative or manager, if applicable : Characteristics of the Services Date, time and place of embarkation : Date, time and place of disembarkation : Options subscribed: □ Food on board; □ Cancellation insurance ; □ Bicycles Total amount : □ I acknowledge that I have read the General Terms and Conditions of Sale and their appendices. The order implies an obligation to pay.
