ENHANCED HEALTH PROTOCOL
This protocol is written in the context of the COVID 19 health crisis to respond to the pandemic in the territory.
Following government announcements on January 24, 2022, all passengers over 16 years of age must present a valid Vaccine Pass upon boarding (full vaccination). The Health Pass remains mandatory for passengers aged 12 to 15 (negative PCR test less than 24 hours old or vaccination certificate). No refunds will be given to customers who are unable to present a valid Vaccine Pass.
A certain number of measures have been implemented to avoid any contamination of incoming flows (laundry, food products, etc.) and, in general, all products delivered to the establishment:
– The usual hygiene rules are respected.
– The frequency of cleaning the hands of the staff is increased.
– The air conditioning and VMC are regularly checked and cleaned.
– The products delivered are cleaned in a dedicated area before being returned and stored in the establishment.
– A cleaning and disinfection plan has also been set up for surfaces depending on the location, work equipment, door handles and knobs, handrails, furniture and more generally any object and surface likely to have been contaminated (in contact with hands). The frequency of cleaning of surfaces, equipment, utensils and supports is increased compared to normal.
– A hydroalcoholic gel dispenser is systematically made available to customers as soon as they enter the establishment.
– All staff will be equipped with gloves and masks during preparation and service.
– The sanitary facilities will be disinfected frequently.
– The rules of physical distance from the public (clients, users …) will be defined and respected, based on 1 linear meter between 2 tables of constituted guests. The limit of guests per table is 10 people, forming a homogeneous group of people (family, friends) and pre-constituted.
– Spacing measures between people are specified by means of posters, floor markings and oral instructions.
– Only persons with a seated place can be accommodated in the establishment. The organization of the public flow is managed in order to limit crossings: limitation of the number of simultaneous customers, direction of traffic to avoid customer crossings.
– Wearing a mask is compulsory for customers except when they are at the table.
– The menus will be presented in the form of QR Code or plasticized and cleaned between each manipulation.
– Contactless payments are preferred. All contactless payment methods (pre-payment, bank transfer, credit cards, QR code…), and payment at the table is favoured.
This document and the advice on health measures have been drawn up on the basis of information available to date from the WHO, the Ministries of Health and Labour and the INRS. It will be modified according to the evolution of the legislative framework and new decisions that will be taken by management if necessary.
TERMS AND CONDITIONS OF SALE
The present General Terms and Conditions of Sale (hereafter the “GCS”) are offered to the Clients (hereafter the “Client”) by the company MARINA DE BERCY whose head office is located at 1 Port de Bercy Aval 75012 Paris and registered with the Paris Trade and Companies Register under the number 419 769 518 (hereafter “MARINA DE BERCY”).
MARINA DE BERCY can be reached at the following telephone number: 01 43 43 40 30 or at the following email address: firstname.lastname@example.org and its intra-community VAT number is as follows: FR 52 419 769 518.
MARINA DE BERCY has taken out a general liability insurance policy with The Shipowners’ Club located at 10 Whitechapel High Street, London E1 8QS, United Kingdom.
MARINA DE BERCY is a company specialising in the organisation of receptions on the Seine for companies and individuals (hereinafter the “Services”).
The present GCS govern the contractual relationship (hereinafter the “Contract”) between MARINA DE BERCY and the Client (hereinafter referred to jointly as the “Parties” and individually as the “Party”).
These GCS are systematically communicated to each Client before the conclusion of the Contract. Consequently, the fact of placing an order for the Services (hereinafter the “Order”) implies the Client’s full and unreserved acceptance of the said GCS, to the exclusion of all other documents.
The Services offered by MARINA DE BERCY are intended for consumers according to the definitions given by the Consumer Code.
It is specified that in accordance with article L.221-28-12° of the Consumer Code, the right of withdrawal does not apply to the Services provided by MARINA DE BERCY.
Article 1 – Reservation and payment
All Services require a prior reservation and imply the acceptance of these GCS.
Any reservation will only be considered effective as from
– The acceptance by MARINA DE BERCY of the reservation ;
– The payment of the service;
– The reception of a confirmation e-mail;
Article 2 – Price
Prices are firm and final.
The prices include all the services indicated in the description of each Service.
The prices mentioned are expressed per person, in euros and all taxes included (VAT included).
Article 3 – Cancellation and modification policy
3.1. Cancellation and modification at the client’s initiative
3.1.1 Cancellation at the initiative of the client
The Customer may cancel all or part of his service subject to compliance with the following conditions:
Any cancellation must be notified to MARINA DE BERCY, in writing, the date of cancellation will be taken as proof for the application of the cancellation fees provided for below:
Date of cancellation of the service
More than 72 hours before the service
Between 72 hours and 48 hours before
the date of the service
Less than 48 hours before the date of the service
15€ per person (adult or child)
50% of the benefit, including tax
100% of the Benefit
Special cancellation fees will apply for Services on special dates (January 1st // February 14th // July 14th // December 24th // December 25th // December 31st):
Cancellation date of the Event
More than 8 days before the Benefit date
Less than 8 days before the Benefit date
15€ per person (adult or child)
100% of the Benefit
3.1.2. Client-initiated modification
Any request for modification must be notified to MARINA DE BERCY by e-mail to email@example.com at least six (6) hours before the date of the Event.
Date of cancellation of the Service
Change of Benefit :
Changing the Benefit Date :
15€ per person (adult or child)
15€ per person (adult or child)
In the event of a more expensive Service, the Customer must also pay the difference between the two Services.
3.2 Cancellation at the initiative of MARINA DE BERCY
MARINA DE BERCY reserves the right to cancel the Service at any time in case of total or partial non-payment. Any deposit received will then be retained.
As the cruises are subject to navigation rules, MARINA DE BERCY reserves the right to assess whether or not the river is navigable. The cruises may be cancelled or modified at any time (in particular the place and time of embarkation) from the moment of booking, including at the time of departure or during navigation, in application of the rules in force, or in the event of bad weather or any other cause likely to endanger the safety of the persons transported.
In the event of inability to navigate (boat remaining at berth), MARINA DE BERCY, will grant a reduction of fifteen (15) percent on the price of the Service.
MARINA DE BERCY also reserves the right to cancel a Service in its entirety, particularly in the event of force majeure, strike, natural disaster, cultural event, administrative decision, exceptional closure or any other event beyond its control. Force majeure is understood to mean any event outside the affected party, of an unforeseeable, irresistible and insurmountable nature, which would prevent MARINA DE BERCY from carrying out all or part of the obligations under the present Contract for which it is responsible.
The amount of the Service will be fully reimbursed to the Client but will not be liable for any additional compensation.
In case of total cancellation of the Service, MARINA DE BERCY will not be responsible for any indirect or collateral damage that may result from this cancellation.
Article 4 – Liability
Within the limits of the applicable law, MARINA DE BERCY cannot be held responsible for the non-performance of the Contract in case of force majeure as defined by article 1218 of the Civil Code and the jurisprudence of the French courts, or in case of damage caused by a third party outside its control or attributable to a misuse or non-conforming use by the Client of the Services, in violation of MARINA DE BERCY’s prescriptions.
4.1 Personal objects
MARINA DE BERCY cannot be held responsible for the loss or theft of personal objects or luggage during the Service and cannot undertake to find or return them. All costs incurred in this respect will be borne by the Client.
4.2 Compliance with schedules
The Client must present himself/herself in full at the place where the boats are parked, no later than fifteen (15) minutes before the scheduled time of departure. MARINA DE BERCY will not be able to delay the departure time of the restaurant boat.
The Customer undertakes to adopt a behaviour which is not contrary to the rules of common sense and to the respect of the laws and regulations in force.
In the context of the COVID 19 health crisis and the resulting pandemic, MARINA DE BERCY has had to implement a number of health measures. The details of these measures are developed in the Health Protocol annexed to these GTC. This protocol may be subject to modification in order to follow the evolution of the legislative framework and the new decisions that will be taken by the management.
The Client undertakes to respect these sanitary measures, the safety rules on board as well as any instructions that may be given to him by MARINA DE BERCY and its on-board personnel.
MARINA DE BERCY reserves the right to refuse access on board to a person who contravenes these measures/regulations and/or whose behaviour is clearly of such a nature as to put the other Clients, the captain or a third party at risk, without the Client being able to demand compensation or reimbursement.
We remind you that alcohol abuse is dangerous for your health.
MARINA DE BERCY cannot be held responsible for behaviour or accidents that occur to Clients in a state of drunkenness or under the effect of drugs or for any damage they may cause.
MARINA DE BERCY reserves the right to invoice the Client for any damage to equipment caused on board by himself or by one of his guests.
Animals are not allowed on board with the exception of guide dogs on presentation of the guide dog card.
Article 5 – Insurance
MARINA DE BERCY has an insurance policy covering the pecuniary consequences of the civil liability it incurs as a result of its activity, with The Shipowners’ Club insurance company located at 10 Whitechapel High Street, London E1 8QS, United Kingdom.
Article 6 – Personal data
Article 7 – Amendment and nullity of the contract
Should any provision of the Contract be invalid for any reason, such invalidity shall not affect the validity of the other provisions of the Contract. The Parties shall endeavour in good faith to replace the stipulation in question with an equivalent clause.
Any modification requires the written agreement of both Parties.
Article 8 – Warranty and claims
MARINA DE BERCY guarantees the conformity of the Service to the Contract and the Customer has the possibility to make a claim under the legal guarantee of conformity provided for in articles L217-1 and following of the Consumer Code or the guarantee of defects of the item sold in the sense of articles 1641 and following of the Civil Code.
This guarantee covers defects of conformity or hidden defects resulting from a defect in the design or execution of the services ordered.
The Customer must inform MARINA DE BERCY of the defects and/or defects of conformity within a maximum period of forty-eight (48) hours from the provision of the services.
Any defects and/or latent defects noticed by MARINA DE BERCY will give rise to a commercial proposal (rectification, reimbursement, credit note, etc.) within fifteen (15) days from the discovery of the defect/defect invoked.
MARINA DE BERCY’s guarantee is limited to the reimbursement of the services actually paid for by the Customer. This guarantee is excluded in case of delay or non-performance resulting from a case of force majeure as defined in article 4.
Article 9 – Applicable law
These GTC are governed and interpreted in accordance with French law, without regard to the principles of conflict of laws.
If any provision of these GTC or its application to any person or circumstance is found to be invalid, such invalidity shall not affect the other provisions or applications of these GTC, which shall remain in force, regardless of the provision found to be invalid. To this end, the provisions of these GTC are declared autonomous.
In the event of a dispute that may arise in connection with the interpretation and/or execution of these GCS or in relation to these GCS, the Customer may decide to submit the dispute with MARINA DE BERCY to a conventional mediation procedure or any other alternative method of dispute resolution.
In particular, the Customer may contact La Médiation conventionnelle, judiciaire et de la consommation Agrément CECMC –
222 chemin de la bergerie 01800 Saint Jean de Niost
Tel. 04 82 53 93 06 https://sasmediationsolution-conso.fr
The Customer is informed that :
– in order for the dispute to be examined by the mediator, the Client must justify that he has made a written complaint to MARINA DE BERCY or its customer service department and must keep written proof of the steps taken ;
– the request must be well-founded and legitimate.
– The Customer may refer the matter to the mediator within a maximum period of one year following his written complaint to MARINA DE BERCY .
Finally, if this mediation procedure fails or if the Customer wishes to take the matter to court, the rules of the Code of Civil Procedure will apply.
Terms and Conditions of Use of the Website
The Terms and Conditions of Use are up-to-date as of 1rst January 2020
MARINA DE BERCY proposes functions and restauration on the Seine for individuals and businesses directly or indirectly via affiliated websites (hereinafter the “Services”).
The website https://www.marina-de-paris.com/ (hereinafter the “Website” is published by are available to Customer (hereinafter « Customer ») by the company MARINA DE BERCY a société par actions simplifiée, having its registered office at 1 Port de Bercy Aval 75012 Paris, registered with the Paris Trade & Companies Register under No. 419 769 518 (hereinafter the “MARINA DE BERCY”).
Its intra-community VAT No. is: FR60421197005.
MARINA DE BERCY can be contacted by email at the following address: firstname.lastname@example.org or by telephone at the following number: FR 52 419 769 518.
The director of the publication is: Krystel MITTERAND.
The Website is hosted by ANIL INFORMATION SYSTEMS, with a capital of EUR 38,868, registered with the Créteil Trade & Companies Register under No. _ B 500 139 274, having its registered office at_2, avenue Herbillon – 94 160 Saint Mandé. Its telephone number is: +33 (0)1 75 43 22 22
MARINA DE BERCY has taken out third-party insurance with The Shipowners’ Club, situated at 10 Whitechapel High Street, Londres E1 8QS, Royaume-Uni.
ACCEPTANCE OF THE TERMS AND CONDITIONS OF USE
The purpose of this document is to define the terms and conditions (hereinafter the “Terms and Conditions of Use” or “TCU”) in accordance with which the Company provides users (hereinafter the “Users”) with the possibility to browse and use the Website.
Use of the Website implies complete and unconditional adherence to these TCU.
The Company reserves the right to change these TCU at any time and to inform the Users by any means whatsoever. These changes will enter into force as soon as they are uploaded to the Website. The User is invited to familiarize himself with such amendments. If the User does not accept these amendments, he should not use the Website.
USE OF THE WEBSITE
The User must ensure that he has the technical and electronic means to browse and use Website before use thereof. He must also ensure that his hardware/equipment is in a good state of repair and is not infected by viruses.
THE WEBSITE CAN ONLY BE USED BY PEOPLE AGED EIGHTEEN AND OVER. IF A PERSON AGED UNDER EIGHTEEN WISHES TO USE THE WEBSITE, HE SHOULD OBTAIN THE EXPRESS CONSENT OF HIS LEGAL REPRESENTATIVE
The Company reserves the right to amend, revise, erase, validate or change, in full or in part, any Content (“Content”) contained on the Website or displayed thereon.
The Company can erase, change or amend the Website and/or its Content at any time, without notice.
THE USER’S OBLIGATIONS
By using the Website, Users agree:
- to abstain from using the Website illegally, for any illegal purpose or in any way which is not compatible with these TCU;
- not to use the Website to publish offensive, defamatory, harassing, obscene, pornographic or threatening remarks and/or remarks which invade the privacy of others;
- not to sell, copy, reproduce, rent, lend, distribute, transfer or grant sub-licenses on all or part of the elements, information or Content set forth on the Website and/or to allow any third party to use or have access to the Website for any purpose whatsoever or to decompile, take apart, disassemble, modify, display in a format which is legible by the Users or try to discover any source code or use any software activating or including any part of the Website;
- to respect other Users;
- not to collect and store User personal data for any purposes whatsoever;
- not to circulate content which may constitute incitement to felonies or misdemeanors; provoking discrimination, racial hatred and more generally which could be contrary to laws and regulations in force, these rules of use, good morals and public policy;
- not to circulate ideological, religious or political information or information regarding ethnic claims;
- not to circulate content which could put minors in peril, notably violent or pornographic messages;
- not to seek to mislead other Users by appropriating the name or pseudonym of other persons;
- not to display or communicate by email or any other means, any element breaching a patent, trademark, trade secret, intellectual property right or any other property right belonging to someone else;
- not to display or communicate by email or any other means an advertisement or any unrequested or unauthorized advertisement materials (in particular “spam” or any other form of request);
- not to use the Website for abusive purposes by voluntarily introducing viruses or any other malware and not to try to access the Website in an unauthorized manner;
- not to denigrate the Website and/or the Company and/or the other Users on social networks or any other means of communication.
If, for any reason whatsoever, the Company deems that the Users are not respecting these TCU, it can at any time and at its own discretion, remove their access to the Website and take all measures, including legal action, against them.
ACCURACY AND LAWFULNESS OF THE INFORMATION
Each User undertakes that all information, in particular personal information, which he provides is sufficient, accurate, up-to-date and complete. In order to do so, he undertakes to regularly update said information.
The User acknowledges that the Company does not have the material means to verify the truthfulness of all information present on the Website. The Company cannot therefore be held liable in the event of identity theft or for information mentioned which is incorrect or misleading.
The Company does not guarantee the appropriateness, lawfulness, integrity or quality of information communicated by the Users.
The Company cannot, under any circumstances, be held liable for content which the Users communicate and make available online, in particular their illegal nature under regulations in force, or for errors or omissions or any loss or damage following use, communication by internal mail or any other means via the Website.
By accessing the Website, Users expressly acknowledge that the Website and the Content created by the Company and made available to Users are the exclusive property of the Company and are protected by the French Intellectual Property Code and the applicable international treaties and agreements regarding the protection of intellectual property rights. To this end, they cannot be reproduced without the Company’s express authorization subject to civil or criminal proceedings.
The Company alone holds all rights, titles and interests regarding the Website and its Content, including all intellectual property rights, including all rights regarding copyrights, designs and models, brands, trade names, commercial names, corporate names, domain names, technology, know-how, procedures, formulae, source codes and executable codes, data and similar rights, including information regarding any request, filing or renewal thereof which may be protected by laws, regulations or rules regarding intellectual property in any country.
The Company grants a non-exclusive license to Users to allow them to use the Website and Content within the strict framework of these TCU.
Any reproduction, representation, adaptation, use, distribution, circulation, commercial use, translation, arrangement, transformation or any creation of derived works or composites of all or part of works and/or any other Content set forth on the Website on any medium whatsoever and by any process whatsoever, whether current or future. These actions may constitute counterfeits punishable by civil or criminal sanctions, incurring the liability of the author thereof.
The systematic and repeated extraction of information and Content set forth on the Website is strictly prohibited and punishable under intellectual property law and sui generis law on databases. Any unlawful extraction can incur the civil and criminal liability of the author thereof.
“MARINA DE BERCY” and all of the Company’s other brands and logos are protected trademarks under French intellectual property law (hereinafter collectively the “Trademarks”). Without the Company’s express, written authorization, the User undertakes not to use or diffuse the Trademarks in any way whatsoever.
The Company declines all liability for any harm resulting from the fraudulent interference of a third party, outside its control, resulting in a modification or alteration in information/Content on the Website or harming any User of this Website; and in general any harm, regardless of the causes, origins, nature or consequences, thereof, resulting from access to any Website or the impossibility of accessing it, which is outside its control.
The Company cannot, under any circumstances be held liable for technical problems or defaults related to telephony networks, online IT systems, servers, Internet providers, IT hardware and/or User software.
The Company cannot be held liable for any hypertext links included on the Website to other Websites or other sources of Internet content (the “External Sources”).
As the Company cannot control these External Sources, the User acknowledges that the Company cannot be held liable for making available these External Sources and cannot be held liable for the content, advertisements, products, services or any other materials available on or via External Sources.
GOVERNING LAW AND COMPETENT COURTS
These TCU are governed and interpreted in accordance with French law, without taking into account conflicts of law.
In the event of a dispute arising when interpreting and/or performing these TCU or in relation to these TCU, the User can decide to seek to settle said dispute with the Company through traditional mediation proceedings or any other alternative means of dispute settlement. The User can notably make contact with:
Médiation conventionnelle, judiciaire et de la consommation Agrément CECMC.
Madame Eliane SIMON, médiateur
Sas Médiation Solution
222 chemin de la bergerie
01800 Saint Jean de Niost
Tel. 04 82 53 93 06
email@example.com or https://www.sasmediationsolution-conso.fr
The User is informed that:
- To allow a dispute to be examined by the mediator, the User must justify that he has made a written claim to the Company or keep written proof of measures taken;
- The request must be founded and lawful.
The User can bring the matter before the mediator within a maximum period of one year following the Company’s written claim.
Finally, in the event that this mediation procedure fails or if the User wishes to bring proceedings, the French Code of Civil Procedure will apply.
The Company can be contacted, at any time, by sending an email to the following email address: firstname.lastname@example.org or by phoning the following number: +33 (0)1 43 43 40 30.