GENERAL TERMS OF SALE OF TICKETS FOR CRUISES AND PRIVATE VENUE BOOKINGS– VEDETTES DE PARIS


Vedettes de Paris, hereinafter referred to as "VDP"

1. PURPOSE AND SCOPE

The reservation and carrying out of VDP cruises as well as the services which may be associated with them are subject to these general terms of sale which prevail over any document issued by VDP, in particular any flyer, advertisement and/or any document issued by the customer, in particular any general terms of purchase, the latter not being applicable to VDP. Any reservation or purchase of a service automatically entails the acceptance by the customer, without reservation, of these general terms of sale.

 

2. RESERVATIONS AND PAYMENT

VDP offers private cruises as well as cruises open to the public on part or all of its vessels.

 

2.1 Private cruises

2.1.1 Reservations are mandatory for all private cruises and the Customer must request a quote beforehand. The reservation only becomes final upon receipt by VDP of the quote duly signed by the Customer and of a first payment of 50% of the total amount of the quote, inclusive of tax and, as the case may be, of a security deposit which VDP may request, at its option, and the amount of which shall be agreed with the Customer.

2.1.2 At the latest 8 days prior to the event, a second payment of 50% of the total amount of the quote, inclusive of tax, shall be made by the Customer. Should this second payment not be received in time, VDP shall deem the reservation cancelled by the Customer and shall apply the terms of clause 4.1.1 hereof.

2.1.3 At the latest 5 days prior to the date of the event, the Customer shall confirm to VDP by any written means (post, fax, email) the exact number of passengers. Should this confirmation not be received within that timeframe and should the number of passengers be lower than the number initially stated at reservation by the Customer, VDP shall invoice the Customer on the basis of the number which had initially been communicated.

2.1.4 Should the Customer wish to make their own arrangements for services associated with a private cruise and/or use the services of third party providers, he/she shall also inform VDP of such services at the latest 3 days beforehand and supply the documents necessary for the performance of such services, in particular valid insurance certificates covering the Customer’s and/or the chosen service provider’s civil liability. Should these documents not be supplied, VDP shall consider that the reservation has been cancelled by the Customer and shall apply the provisions of clause 4.1.1 hereof.

2.1.5 Once the services have been discharged by VDP, a document listing any additional supplements payable by the Customer, in particular where catering services were not managed by VDP, shall be drawn up by both the Customer and VDP’s onboard crew. This document may, as the case may be, cover any damage caused to the vessel and its equipment during the cruise in question. The balance of the services including such additional costs shall be payable by the Customer immediately upon receipt of VDP’s invoice.

 

2.2 Public cruises

2.2.1 Cruises are open to the public for a minimum of 10 passengers and up to the legal capacity of the vessel, VDP reserving the right to refuse to embark minor passengers younger than 16 years old who are not accompanied by adults.

2.2.2 Reservations for these cruises only become final upon receipt of 100% of the full price, with tax, of the service purchased, it being specified that vouchers shall only be accepted when they are issued by a VDP-approved agent.

2.2.3 Upon making a reservation, persons with disabilities should contact VDP regarding the accessibility of the vessels and when to arrive prior to boarding.

2.2.4 For groups of at least 20 passengers, reservations are mandatory and only become final upon receipt by VDP, at least 48 hours prior to the date of the cruise, of a confirmation by the Customer by any written means (post, fax, email), the receipt of which shall be acknowledged by VDP. This confirmation shall also involve the payment of a lump-sum payment applicable to groups based on the then-applicable VDP price-list, the balance of the cost of service to be paid by the Customer upon receipt of VDP’s invoice.

 

3. PRICE – INVOICING - PAYMENT

3.1 The prices invoiced by VDP are set out in euros, inclusive of tax, and are set based on the pricing terms applicable on the day of reservation, which are available upon request of the Customer. They are subject to VAT as legally applicable and may be revised without notice in particular if new taxes or charges are levied and/or in case of any change to current taxes or charges which would automatically result in price adjustments.

3.2 Unless otherwise agreed by VDP, the services invoiced by VDP must be paid by check, credit card or bank transfer upon receipt of the corresponding invoice.

3.3 Any delay in payment shall result, automatically and without need for notification, in the application of interest calculated on the principal amount owed, before tax in accordance with applicable regulations.

 

4. CANCELLATION

4.1 Cancellation attributable to the Customer

4.1.1 For private cruises, in case of cancellation attributable for any reason to the Client, and taking place:

4.1.2 For cruises that are open to the public, in case of cancellation for any reason:

  • which is attributable to the groups mentioned in clause 2.2.4 hereof, the sums already paid to VDP shall remain the property of VDP,
  • which is attributable to other Customers, the tickets sold by VDP shall not be exchangeable or refunded by VDP.

4.1.3. In the case of long-distance contracts as construed under article L.221-1 of the Consumer Code, VDP highlights to the Customer that he/she does not benefit from the right to withdraw in accordance with articles L.221-28-12° and L. 221-5 of said Code.

4.2 Cancellation attributable to VDP.

In case of cancellation of a cruise attributable to VDP for any reason whatsoever, and in particular in the cases described in clauses 7.1.2 and 6 hereof, the customer shall be entitled, to the extent possible, to a replacement by a service similar to the service not supplied by VDP and, failing that, to a refund of the corresponding amount.

 

5. CLAIMS

Claims of a commercial nature or relating to the quality of the supplied services shall be submitted by registered letter with acknowledgement of receipt to the company, VEDETTES DE PARIS, Port de Suffren 75007 Paris, within 15 days at the latest of the date of the service supplied.

Tourism and Travel Mediator: Jean-Pierre Teyssier - - MTV Médiation Tourisme Voyage - BP 80 303 - 75 823 Paris Cedex 17

 

6. OPERATION OF THE CRUISE

6.1. Rights and Obligations of VDP

6.1.1 VDP undertakes to put in place all appropriate means to ensure the proper operation of the cruises in the conditions set out upon reservation, and states that it has taken out the insurance policies necessary to the carrying out of its activities.

6.1.2 As cruises are subject to the rules applicable to domestic navigation, VDP reserves the right to modify its cruises without notice or indemnification (in particular with respect to itinerary, duration, timing, vessel…) or to cancel them at any time, including on the day of departure, in application of the abovementioned rules or in case, in particular and without limitation, of force majeure, terrorist acts or threats, high waters on the river, floods, bad weather, storms, instructions issued by the authorities, mechanical incidents and generally any event which may jeopardize the safety of persons or property being transported.

 

6.2 Rights and Obligations of the Customers

6.2.1 Should the Customer wish to personally arrange services associated with a private cruise and/or use external service providers, he/she shall:

  • ensure that the performance of these services complies with applicable laws and regulations,
  • carry out the entire process and formalities necessary to secure all necessary authorizations to carry these services out properly,
  • and as set out in clause 2.1.4 hereof, provide VDP with the relevant documentation.

6.2.2 At the latest 15 minutes prior to the departure time, the Customer or the entire group must arrive at the vessel’s boarding location. For private cruises, VDP reserves the right, in case the Customer is delayed, to reduce the duration of the cruise by the duration of the delay or to charge for the corresponding time extension based on the rule that any hour block which has been started is owed in full, the time of the end of the service provided being, in any case, recorded by the crew with the agreement of the customer when the last passenger leaves.

For cruises which are open to the public, should the Customer arrive late, he/she may, if possible, be able to board the following vessel based on available seats, but he/she shall not be entitled to a refund for the service purchased.

6.2.3 VPIF reserves the right to deny boarding to passengers whose behavior (for example, in case of drunkenness) could disturb the smooth operation of the cruise. In addition, no animal or equipment which may be dangerous to the crew or passengers shall be admitted on the vessel.

6.2.4 As from the time when he/she is invited to board, each passenger shall strictly comply with the instructions and safety directions given by the vessel’s crew and must take care of his/her own safety and that of the persons under his/her care and/or any property (clothing, luggage or other personal effects) he/she owns or has in his/her possession or care. Each passenger shall in particular refrain from accessing unauthorized areas of the vessel and in particular the engine room and the cockpit.

 

7. LIABILITY

7.1.1 The cruises being subject to all rules applicable to domestic navigation, VDP reserves the right to decide on whether the river can be navigated or not and shall under no circumstances be held liable in case of modification or cancellation of a cruise resulting from the enforcement of the abovementioned rules and, more generally, any event which may jeopardize the safety of persons and property being transported.

7.1.2 VDP shall under no circumstances be held liable for any damage of any nature resulting namely from force majeure, terrorist acts or threats, high waters on the river, floods, bad weather, storms, mechanical incidents, defaults by one of its service providers or those, as the case may be, selected by the Customer and generally any other event of any nature whatsoever which would be beyond VDP’s control.

7.1.3 VDP shall not accept any liability in case of theft or damage caused to clothing, hand luggage and other personal effects of passengers and reserves the right to charge the Customer for any physical damage caused to the vessel and its equipment by the Customer him/herself, any person for whom he/she is responsible (accompanying child, member of his/her group, service provider he/she had selected etc.).

7.1.4 VDP shall not accept any liability should the Customer not comply with these general terms of sale or general or specific policy regulations, without prejudice to the damages and interests it may claim by reason of the damages and loss it may have suffered due to this non-compliance.

 

8. APPLICABLE LAW AND COMPETENT JURISDICTION

In case of a dispute arising out of these general terms of sale as well as the cruises and relevant services to which they apply, and unless a separate jurisdiction is expressly agreed by the parties, French courts shall be solely competent and French law the only law applicable. Disputes arising between VDP and its customers registered with the Registry of Commerce and Companies shall be submitted to the Commercial Court of Paris.

 

 

GENERAL TERMS OF RENTAL OF THE “SALON DES VEDETTES” VENUE BY SOCIETE DES VEDETTES DE PARIS (« VDP»)

 

1. PURPOSE AND SCOPE

The reservation and availability of the “Salon des Vedettes” venue, as well as the sale of the services which may be associated to it, are subject to these general terms which shall prevail over any document from VDP, in particular any flyer, advertisement and/or any document issued by the customer, including any general terms of purchase, the latter not being applicable to VDP. Any reservation or rental of the “Salon des Vedettes” and/or purchase of an associated service automatically entails the acceptance without reservation by the Customer, whether a physical person or a legal entity, of these general terms.

 

2. RESERVATION AND PAYMENT

VDP offers to make available to the Customer a venue named “Salon des Vedettes” for the purpose of organizing events and/or private parties.

2.1. Reservations are mandatory for all events and/or private parties and the Customer must request a quote. The reservation process is as follows:

2.1.1. When the Customer contacts VDP and requests a quote for a given date, the issuance of the quote to the Customer by VDP generates an option for the Customer. This option is valid for 10 days from the date of the quote. During this period, the Customer has priority for the chosen date.

2.1.2. Before the end of this period, the customer must exercise the option by sending back the duly signed quote, as well as the corresponding payment set out in the quote. If the duly signed quote and payment are provided in the applicable timeframe (the postmark being used as proof), the reservation becomes final. If the option is not exercised within this timeframe, the option automatically lapses and VDP reserves the right to allocate the reservation to another customer.

2.1.3. Unless stated otherwise in the quote itself, and notwithstanding the provisions of articles 3.2.1 and 3.2.2 relating to the option, the quote established by VDP is valid for a duration of 30 days, subject to the intangibility of the elements it contains and which were used for the issuance of the quote (in particular: number of guests, date, duration, types of services…).

2.2. The reservation only becomes final upon receipt by VDP of the quote duly signed by the Customer with the first payment of 50% of the total quote amount, inclusive of tax and, as the case may be, the security deposit which VDP reserves the right to request, and the amount of which is determined amicably with the Customer.

2.3. At the latest 8 days prior to the date of the agreed event, the second payment of 50% of the total quote amount, inclusive of tax, shall be made by the Customer. Should this second payment not be received within that time-frame, VDP shall consider the reservation cancelled by the Customer and shall apply the provisions of clause 4.1.1 hereof.

2.4. At the latest 5 days prior to the date of the agreed event, the Customer must confirm to VDP by any written means (post, fax, email) the exact number of guests participating in the relevant event and/or private party. Should this confirmation not be received in that time frame, and in the case where the number of guests should be lower than the number communicated at first upon reservation by the Customer, VDP shall charge the Customer based on the number of guests initially communicated.

VDP reserves the right to deny access to the “Salon des Vedettes” to any person exceeding the number of guests indicated by the Customer.

2.5. Should the Customer wish it, VDP may arrange some additional services (caterer, music, flowers…) by entering on behalf of the Customer into the corresponding contracts with third party service providers. In that case, VDP shall not however be held liable for a possible breach or faulty performance of the service by said provider, the latter being directly liable vis-à-vis the Customer.

2.6. Should the Customer wish to personally organize services associated with a private event and/or use service providers or third parties shall also inform VDP at the latest 3 days prior to the agreed service and provide the documents necessary to the proper carrying out of these services, in particular valid insurance certificates covering its civil liability and/or that of the chosen service providers. Failure to provide these documents shall result in VDP considering that the reservations has been cancelled by the Customer and the application of the provisions of clause 4.1.1 hereof.

2.7. Upon completion of the service, a document setting out all the possible additional charges payable by the Customer, in particular in case of services associated with the relevant event, shall be established by both the Customer and VDP personnel. This document may take into account, as the case may be, damages suffered by the “Salon des Vedettes” and/or its equipment during the relevant event. The balance for the services, including such additional charges, shall be paid by the Customer upon receipt of VDP’s invoice, after deduction of the security deposit which may have been paid in accordance with clause 2.2 above.

 

3. PRICE – INVOICING - PAYMENT

3.1. The prices invoiced by VDP are set out in euros and are established based on the quote issued by VDP based on the statements and requests of the Customer and/or the pricing terms applicable on the date of reservation. They are subject to the applicable VAT rate and may be amended without notice, unless a quote is still valid.

3.2. Unless otherwise agreed beforehand by VDP, the services invoiced by VDP must be settled by cheque, credit card or bank transfer under the terms of the quote accepted by the Customer, and/or upon receipt of the corresponding invoice.

3.3. Any delay in payment shall automatically result, without notice, in a late interest calculated on the principal amount before tax in accordance with applicable regulations.

 

4. CANCELLATION

4.1. Cancellation attributable to the Customer

  • Up to 30 days prior to the day of the event, VDP shall invoice the Customer for 50% of the total amount of the service, inclusive of tax,
  • From the 29th to the 9th day prior to the date of the agreed service, VDP shall invoice the Customer for 80% of the total amount of the service, inclusive of tax,
  • As of the 8th day prior to the date of the agreed service, VDP shall invoice the Customer for 100% of the total amount of the service, inclusive of tax.

4.2. Cancellation attributable to VDP

In case of service cancellation attributable to VDP for any reason whatsoever and in particular in the cases set out in clause 6.1.2 hereof, the Customer shall be entitled, to the extent possible to a replacement by a service similar to the service not supplied by VDP and, failing that, to a refund of the corresponding amount already paid to VDP.

 

5. CLAIMS

Claims of a commercial nature or relating to the quality of the services supplied (notwithstanding the application of clause 2.5 hereof) shall be submitted by registered letter with acknowledgement of receipt to the company, VEDETTES DE PARIS, Port de Suffren 75007 Paris, within 15 days at the latest of the date of the service supplied.

Claims shall only be admissible if the issues they relate to have been notified in order for them to be rectified and to mitigate the damage which the Customer is invoking, and within the limits set out in clause 2.5 hereof.

 

6. PROVISION OF SERVICES

6.1. Rights and Obligations of VDP

6.1.1. VDP undertakes to put in place all appropriate means to ensure the proper provision of the services in the conditions set out upon reservation and states that it has taken out the insurance policies necessary to the carrying out of its activities.

6.1.2. As the Salon des Vedettes is located on the Port de Suffren, a public venue owned by the Port Autonome de Paris which is subject to the vagaries of the weather, VDP reserves the right to change, without notice or indemnity, the services which are the purpose hereof, or to cancel them at any time, including on the day of the event, in application of the rules of use of public venues or, in particular and without limitation in case of force majeure, terrorist acts or threats, high waters on the river, floods, bad weather, storms, instructions issued by the authorities, and generally any event which may jeopardize the safety of persons or property.

 

6.2. Rights and Obligations of the Customers

6.2.1. Should the Customer wish to personally arrange services associated with the use of the Salon des Vedettes and/or use external service providers, he/she shall:

  • ensure that the performance of these services complies with applicable laws and regulations,
  • carry out the entire process and formalities necessary to secure all necessary authorizations to carry these services out properly,
  • and as set out in clause 2.6 hereof, provide VDP with the relevant documentation.

6.2.2. At the latest 15 minutes prior to the opening time of the “Salon des Vedettes”, the Customer must arrive at the location to carry out an initial inventory with VDP.

VDP reserves the right, in case the Customer is delayed, to reduce the duration of the availability of the “Salon des Vedettes” by the duration of the delay or to charge for the corresponding time extension based on the rule that any hour block which has been started is owed in full, the time of the end of the service provided being, in any case, recorded by the VDP personnel with the agreement of the Customer when the last guest leaves.

Upon the departure of the last guest, an exit inventory is drawn up jointly by the VDP personnel and the Customer. Any damage and/or loss which may have been caused to the “Salon des Vedettes” and to its equipment shall be determined by comparing the initial inventory and the exit inventory, which shall be final between the parties.

6.2.3. VDP reserves the right to deny access to the Salon des Vedettes to guests whose behavior (for example, in case of drunkenness) could disturb the smooth operation of the event and the safety of guests. In addition, no animal or equipment which may be dangerous to the personnel or guests shall be admitted to the “Salon des Vedettes”.

6.2.4. As from the time when he/she is admitted to the Salon des Vedettes, each guest shall strictly comply with the instructions and safety directions applicable to the Salon des Vedettes and must take care of his/her own safety and that of the persons under his/her care and/or any property (clothing, luggage and other personal effects) he/she owns or has in his/her possession or care. Each guest shall in particular refrain from accessing unauthorized areas of the Salon des Vedettes.

 

7. LIABILITY

7.1. VDP shall under no circumstances be held to be liable for any damage of any nature resulting namely from force majeure, terrorist acts or threats, high waters on the river, floods, bad weather, storms, mechanical incidents, defaults by one of its service providers or, as the case may be, selected by the Customer, and generally any other event of any nature whatsoever which would be beyond VDP’s control.

7.2. VDP shall not accept any liability in case of theft or damage caused to clothing, hand luggage and other personal effects of passengers, and reserves the right to charge the Customer for any physical damage caused to the “Salon des Vedettes” and its equipment by the Customer him/herself, any person for whom he/she is responsible (accompanying child, member of his/her group, service provider he/she had selected etc…), if applicable by deduction from the security deposit described in clause 2.1 hereof.

7.3. VDP shall not accept any liability should the Customer, or any person for which he/she is responsible (as described in clause 7.2 above) not comply with these general terms or general or specific policy regulations, without prejudice to the damages and interests it may claim by reason of the damages and loss it may have suffered due to this non-compliance.

 

8. APPLICABLE LAW AND COMPETENT JURISDICTION

In case of a dispute arising out of these general terms as well as the provision of the “Salon des Vedettes” venue and relevant services to which they apply, French courts shall be solely competent and French law the only law applicable. Disputes arising between VDP and its customers registered with the Registry of Commerce and Companies shall be submitted to the Commercial Court of Paris.