General Terms and Conditions of Sale
GENERAL TERMS AND
CONDITIONS OF SALE
AND GENERAL TERMS AND
CONDITIONS OF USE
OF ITS WEBSITES
PART I – GENERAL TERMS AND CONDITIONS OF SALE
the purposes hereof, the terms defined below, both in the singular and in the
plural, shall have the following meaning:
- “Customer”: any natural person or
legal entity acting as a consumer within the meaning of the French Consumer
Code, i.e. for purposes not in connection with its commercial, industrial,
artisan, professional or agricultural activity;
- “Service Provider”: the Seino Vision
and/or SEVPTE companies in charge of providing the services;
- “Services”: catering services and/or
services proposed directly by the Service Provider or indirectly via its
- “Website”: the Service Provider’s
Website and the portals and variations of associated URLs, where applicable.
Article 1–General provisions
provision of the Services is subject to the stipulations hereof, complemented
by the specific terms and conditions of the Service. These take precedence over
all terms and conditions of purchase which may be set against them and express
the entirety of the rights and obligations of the parties and are inseparable,
where applicable, from the “General Terms and Conditions of Use” section below
for any booking and/or order placed via a website of the Service Provider.
Service Provider reserves the right not to accept bookings for events of which
the electoral, political or religious nature is incompatible with or
prejudicial to the image and shared aim of the Service Provider or the venue
where the Services are to be provided.
If any one of the clauses hereof (in full or in part) were to prove unlawful,
invalid or inapplicable, the other provisions would remain in force.
The fact that the parties do not exercise the rights recognised as theirs
pursuant hereto may not in any event be interpreted as a waiver of asserting
document is written in French.
Article 2 – Prices
are expressed in euros, exclusive or inclusive of tax. Prices can be revised at
any time without prior notice.
prices invoiced are those in force on the day of the booking. They are subject
to the VAT rates in force, applicable on the day of the service. All new taxes
or charges which may be created, or any change to current charges or taxes,
shall automatically entail the adjustment of prices. Prices may also be subject
to a differentiated pricing policy based on the management of the capacities
available, and may vary as a result. It is for the Customer to assess, before
approving the booking, whether the price is acceptable. Any challenge over
prices at a later date will be disregarded. The prices of services other than
the main services cannot be amended after the booking.
Article 3?– Booking and payment terms
Service Provider shall make these General Terms and Conditions available to the
Customer on its website so that they can read them prior to any booking.
shall be made in writing, by email, telephone, messaging or data exchange or
directly on the Service Provider’s website. To make a booking, the Customer
must be at least 18 years of age and have legal capacity to enter into a
fraud in breach of these General Provisions may result in refusal by the
Service Provider, at any time, to allow access to the Services.
booking implies acceptance of these General Terms and Conditions and shall
become effective once confirmed to the Customer by email or approved on a
Customer extranet or via a data exchange.
must be made immediately and in full. Payments may be made in cash (within the
maximum permitted by the regulations), cheque (drawn exclusively on a bank
domiciled in France), bank card, wire transfer or any other payment method
accepted by the Service Provider. Customers who pay by bank card undertake to
use only a card owned by them, in person. The Service Provider cannot be held
liable in the event of fraudulent use. The Customer shall indicate the number,
validity date and security code of their bank card at the time of payment. Remote payment by bank card is fully
securitised by SSL protocol and provided by an organisation specialising in
online securitised transactions. Bank data are transferred by a secure
link directly to the website of said organisation. In any event,
non-availability of the electronic payment service cannot under any
circumstances release the Customer from its obligation to pay for the chosen
3.4 Any delay in payment will, after the sending of a notice to
remedy, result in the invoicing of late payment interest exclusive of tax,
equivalent to application of a rate equal to the European Central Bank rate,
plus 10 points. These penalties will be applied from the due date of the
principal up to the date of actual payment in full.
fixed indemnity compensating recovery costs of €40 will be automatically due by
all professionals in the case of any delay in payment (Art. L. 441-5
of the French Commercial Code).
additional invoice will be issued after the event for all services and overtime
not previously included.
Article 4 – Cancellation
is final, must be paid for and cannot be
cancelled or refunded. Gift vouchers cannot be cancelled, refunded or
4.2 In the event of full or partial cancellation of the
scheduled service or its content, or change of boat itinerary, caused by a
refusal of authorisation by the authorities or by any fact independent of the
will of the Service Provider, the Service Provider shall refund the Customer
for the amount corresponding to the part of the Service not provided. The
Customer has 6 (six) months from the initial scheduled date of the service to
request payment of this refund from the Customer Relations Department (see
Article 14). Under no circumstances may the Customer
claim payment of any costs, indemnities or damages which may be claimed in this
respect; the Customer will be responsible for the organisation of the event at
Article 5–Internal regulations
Service Provider will do everything in its power to ensure that the services
are provided in accordance with the terms and conditions provided for in the
booking. Under no circumstances may the number of attendees present in the
room, on the boat or craft exceed the safe capacity established for each room,
boat or craft.
equipment or items which may prove hazardous for customers or the Service
Provider’s staff will be refused.
dress and respectful behaviour in compliance with the safety rules are
in breach of the above may be refused access or be removed from the venue where
the Service is provided, without the option of being refunded the price paid,
the Service Provider also reserving the right to take all measures that it
parties mutually undertake to maintain the strictest confidentiality in respect
of all documents and information that are brought to their attention in
relation to the performance of the services.
Article 7 – Intellectual property
Service Provider is the owner of all intellectual property rights relating to
its brands and Website. Accessible elements, notably in the form of texts,
photographs, images, icons and sound, are also protected by intellectual and
industrial property rights and other private rights. Under no circumstances may
the Customer reproduce, represent, modify, transmit, publish, adapt, on any
medium whatsoever, using any means whatsoever, or use in any way whatsoever,
all or part of the Service Provider’s trademarks without its prior
authorisation. Any use that has not been authorised beforehand, on any basis
whatsoever, of all or part of the information may be the subject of any
appropriate action, including an action for infringement.
Article 8 – Liability – Insurance
Service Provider accepts no liability in the event of theft or damage caused to
any kind of items or property (personal effects, hand luggage, equipment, etc.)
belonging to the Customer or which are entrusted to it. The Service Provider
will invoice the Customer for any theft or damage to property or real property
caused at the venue where the service is provided by the Customer or one of its
attendees. In the event of failure to fulfil its contractual obligations, the
Service Provider may not reimburse more than 100% of the service ordered. The
Service Provider represents that it has taken out insurance with a reputedly
solvent company covering its civil operating liability for up to 8 million
euros, and notably in the event of food poisoning.
9 – Force majeure
Service Provider or the Customer reserves the right to cancel a Service on the
occurrence of a force majeure event (fire, explosion, attack, natural disaster,
administrative restrictions, etc.). Any event, such as a pandemic, which meets
the criteria of force majeure and significantly affects the performance of the
Services ordered or the performance of the contract because of compliance with
the health control measures put in place by the French government authorities
is considered a case of force majeure. In such circumstances, the sums paid by
the Customer will be refunded without the Customer being entitled to any
Article L. 221-28(12) of the French Consumer Code, the Customer may
not exercise the right of withdrawal for the provision of catering services and
leisure activities that must be supplied on a specified date or during a
Customer’s Personal Data are collected and processed in compliance with Act No.
78-17 of 6 January 1978 in force and Regulation (EU) 2016/679 of 27 April 2016
on the protection of natural persons with regard to the processing of personal
data and on the free movement of such data. For more information, the Customer
Service Provider concerned.
Article 12 – Receipt of notifications and newsletters
The Customer may, at any time and
free of charge, ask us to stop sending advertising or commercial offers by
contacting us directly at email@example.com or via the unsubscribe link included in any offer we
may send to the Customer by email. This objection is without prejudice to the
legality of any mailings sent out before implementation of that objection. Under Article L. 223-2 of the French Consumer Code, the
User is informed of their right to register, free of charge, to opt out of
receiving marketing calls (www.bloctel.gouv.fr).
Article 13 – Proof
It is expressly agreed that, barring
an obvious error established by the Customer or by the
Service Provider, the information stored in the latter’s information system has
probative force. The information on computer or electronic media retained by
the Service Provider constitutes evidence and, if it is produced as evidence in
any contentious or other proceedings, it shall be admissible, valid and
enforceable between the parties in the same way, under the same conditions and
with the same probative force as any document that is produced, received or
retained in writing.
Article 14 – Complaints
the event of a complaint regarding the service, the Customer has the option of
contacting the Service Provider by post at Bateaux Parisiens?–?Service Relation
Client – Port de la Bourdonnais – 75007 PARIS or by email at .
In the event of a dispute between the
professional and the consumer, they shall make an effort to find an amicable
solution. If an amicable solution is unable to be reached, the consumer has the
option of referring the matter free of charge to the professional’s consumer
ombudsman, i.e. the European Ombudsman Association (AME CONSO), within one year
of the written complaint sent to said professional. The matter should be
referred to the consumer ombudsman:
- either by completing the relevant form
provided on the AME CONSO website:www.mediationconso-ame.com;
- or by sending a letter to AME CONSO, 197 boulevard
Saint-Germain – 75007 Paris, France.
This provision regarding referral to the Ombudsman does not apply
to legal entities.
Article 15–Applicable law - Disputes
This contract is governed by French law. It must be implemented
and interpreted in compliance with this law.
the event of any dispute, the Customer will contact the Service Provider in order to find an amicable solution.
Customers are advised that they may, in any event, make use of
conventional mediation, including with the Consumer Mediation Commission or
with existing sector-based mediation bodies or any alternative dispute
resolution method (such as conciliation) in the event of any dispute.
If an amicable agreement is not reached, the case will be brought
before the competent courts; for the avoidance of doubt, the time limits for
the initiation of legal proceedings continue to run during the period when an
amicable solution is sought.
In the event of any dispute or challenge, the French courts alone
will have jurisdiction and French laws alone will apply. Disputes arising with
our customers registered on the Trade and Companies Register (RCS) will be
submitted to the Commercial Court of Paris.
All of the above clauses will be respected in full by each party.
PART II –
GENERAL TERMS AND CONDITIONS OF USE
purpose of this section of the General Terms and Conditions of Sale and Use of
the Service Provider’s Website is to define the terms and conditions of
availability of, access to and use of the Service Provider’s website; said
terms and conditions are enforceable on the Users.
READ THESE GENERAL TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE
WEBSITE AS THEY AFFECT YOUR RIGHTS AND OBLIGATIONS. YOUR ACCESS TO AND USE OF
THE WEBSITE, INCLUDING ITS CONTENT, ARE SUBJECT TO THESE GENERAL TERMS AND
CONDITIONS OF USE, AS WELL AS APPLICABLE LAWS AND REGULATIONS.
the purposes of this section, the terms defined below, both in the singular and
in the plural, have the following meanings:
all content (photographs, images, information, remarks, comments, CVs, cover
letters, etc.) that may be published, edited, drafted, shared, deleted and/or
modified on the Website by the User;
these general terms and conditions of use;
the company or companies publishing the Service Providers’ Website(s) mentioned
in the Legal Notices;
the Service Provider’s Website and the portals and variations of associated
URLs, where applicable;
anyone logging on to the website, such as the Customer, visitors, etc.;
“Functionality”: services made available
to the User on the website, as described below;
“Services”: the services offered, which
may be booked by the User under the terms and conditions set out on the
to the Functionalities
to the Functionalities of the Website is open to anyone browsing on said site
and is conditional on compliance herewith. Users are informed that they have
the option of saving and printing these GTCU by using the standard
functionalities of their browser or computer. By using the Functionalities,
Users acknowledge that they have obtained from the Service Provider all the
necessary information about the Functionalities and that they unconditionally
accept the GTCU.
Users undertake, having accepted the GTCU, to comply with them scrupulously.
Failure to comply with the GTCU renders Users liable and may entail immediate
and automatic suspension, or permanent and automatic cessation of access to the
Website and to the associated Functionalities.
are responsible for the use they make of the information made available to them
by the User in connection with the Functionalities and must take into
consideration all notices featuring in these GTCU and on the Website.
conditions of access to and use of the Functionalities may be changed without
prior notice by the Service Provider. Availability of each Functionality
depends on the Website and a User might therefore not have access to all or
part of the Functionalities below.
Website allows the User to access some or all of the following Functionalities:
Viewing information about the Services.
This functionality allows the User to have access to information relating to
the Services (e.g. times, descriptions and specific terms and conditions of the
Services, information about products offered, etc.).
Booking. Users may book Services on the website. The
terms and conditions of access to the Services and how to order them are shown
on the Website and herein. In any event, Users undertake to ensure that all
information provided to the Publisher (including Personal Data) at the time of
registration is always truthful, accurate, complete and up-to-date. In
particular, Users undertake not to create a false identity likely to mislead
the Publisher or any third party and not to steal the identity of another
natural person. In the event of any changes, Users undertake to update all the
information concerning them immediately. If Users provide any false,
inaccurate, outdated, incomplete, deceitful or misleading data, the Publisher
may immediately suspend or terminate their account and temporarily or
permanently refuse access to all or part of the Functionalities.
Receiving notifications and newsletters from the Service Provider and/or its
partners. Depending on the
choices made at the time of booking, Users may receive commercial notifications
where applicable and/or newsletters from the Service Provider and/or its
Submission of applications. Users may
submit an unsolicited application in accordance with the terms and conditions
set out on the Website.
18 – User Contributions
undertake to ensure that their Contributions comply with all applicable laws
and regulations. Prohibitions include, but are not limited to, publishing any
Contribution the content of which would, or would be likely to, infringe:
Public order or accepted standards of behaviour,
The rights of third parties (image rights, privacy, etc.),
The intellectual property rights of any third party and/or Sodexo.
this respect, Users undertake to ensure that their Contributions are relevant
to the context. They must not contain subjective comments, especially if they
are excessive or insulting, or reveal, directly or indirectly, any information
considered sensitive (racial or ethnic origin, political, philosophical or
religious opinions, trade union membership, information relating to health or
sex life, offences, convictions or security measures).
represent that they accept all civil and criminal liability that might result
from the publication of their Contributions on the Website. In addition, Users
will hold the Publisher harmless against any action, of any kind whatsoever,
which might be brought against it by any interested person regarding Users’
failure to comply with the foregoing provisions.
is specified that in the event of failure by Users to comply with the
provisions of this article, Sodexo reserves the right to remove from the
Website any disputed Contribution, notwithstanding Sodexo’s right to suspend or
terminate the User’s access to the website without prior notice.
19 – Terms and conditions for providing access to the Website
Availability. Access to the website is
open and free to any User with Internet access. All costs relating to access
for hardware, software or internet access shall be exclusively borne by the User.
Users shall have sole responsibility for the correct functioning of their
computer equipment and for their internet access.
Publisher will use all reasonable means to provide the User with continuous
access to the Website, but certain Functionalities may be subject to varying
Publisher may not be held liable for the unavailability of the Website in the
event of operations relating to maintenance, testing, security or repair, or of
any other nature whatsoever.
the Publisher reserves the right, without prior notice or compensation, to
temporarily or permanently close down the Website or access to one or more
Functionalities, including in order to perform an update, maintenance
operations, or modifications or changes concerning operational methods, servers
and hours of accessibility, this list of reasons not being exhaustive. The
Publisher also reserves the right to suspend, interrupt or bring a permanent
end to any access to all or part of the Website in the event of force majeure,
as defined by case law, or any other event beyond its control.
User acknowledges the Publisher’s right to choose and/or change the
infrastructure and/or the country where the Website is hosted as it sees fit.
Faults – Malfunctions. The Publisher
does not guarantee that the Website will be free from faults, errors or bugs,
or that these can be rectified, or that the Website will function without
interruption or failure, or that it is compatible with particular hardware or
no circumstances may the Publisher be held liable for technical problems
attributable to third parties, particularly in the event of malfunctions
attributable to third-party software, regardless of whether or not they are
incorporated into the Website or provided therewith, or for issues related to
communication or unavailability of the Website due to technical problems beyond
the Website’s control, whether due to:
the User’s equipment;
the internet service provider;
the User’s hosting provider;
or generally to a force majeure event.
further represent that they are aware of the nature and limitations of the
internet, particularly its technical performance, the response times for
viewing, querying or transferring data and the risks related to the security of
communications. Users will be responsible for monitoring possible developments
in computing and data transmission resources at their disposal in order to
adapt them to developments on the Website.
20 – Publisher’s liability.
Publisher may not be held liable for loss or harm of any kind (including loss
of profit or of opportunity, etc.) which may result from changes and/or any
temporary or permanent, total or partial, unavailability of the Website or of
any Functionality, regardless of its origin or source. More broadly, except in
the event of wrongdoing on its part, the Publisher is not liable under any
circumstances for loss or harm of any kind (including loss of profits or of
opportunity, etc.) which might result from the use of the Website, including
loss of data, including Personal Data, intrusion, virus, suspension of service
and/or Functionalities, fraudulent use of a bank card, etc.
the event of improper use or illegal exploitation of the Website by a User, the
User shall bear sole liability for any damage of any kind caused to third
parties and to the Publisher, and for any resulting consequences, claims and/or
Sodexo will not be liable in the event of “force majeure” situations as defined
by applicable laws and French case law.
of the User’s information may be collected when accessing this Website for the
purposes of personalising and improving the User’s experience. For more
information, the User is invited to consult our Cookie Management Policy.
22 – Term and termination.
agreement is entered into for an indefinite term and shall remain in full force
and effect as long as the User uses the Functionalities or retains their
Publisher reserves the right to take all necessary measures, including the
removal of a personal account, without having to give any reason or notice,
undertake any formalities or pay any compensation to the User in the event of a
binding court decision, force majeure event, breach of these GTCU or the law,
or suspected fraud.
Publisher will notify the User by any appropriate means of the measure taken
and the reasons for taking such a decision. The User’s personal account will no
longer be accessible from the date of termination and all Functionalities will
be immediately suspended. Such termination shall take place without prejudice
to any damages that may be claimed as compensation for the loss suffered as a
result of such breaches.
the time of termination, the rights and licences granted to the User will be
terminated and the User must cease all use of the Website. The User will not be
entitled to any compensation.
23 – Hyperlinks
Website may contain links (including hyperlinks) to other websites or
applications that are not under the Publisher’s control. The Publisher is not
liable for the content of these sites or applications, the links they contain,
or for any changes or updates made to them. It is not possible to create a
hyperlink to third-party websites without the express authorisation of the Publisher.
Under no circumstances may the Publisher be held liable for the creation of a
hyperlink on this Website.
24 – General provisions
Changes to the GTCU. The Publisher
reserves the right to change, supplement or update all or part of the GTCU at
any time, particularly in order to comply with any legislative, regulatory,
technical and case-law changes that may arise. In this case, the applicable
provisions will be those in force on the date they are published online and
will be enforceable on the date of use of the Website by the User.
Entire agreement. If any of the clauses
hereof (in full or in part) proves to be unlawful, invalid or inapplicable, the
other provisions shall remain in force. The invalid or unenforceable portion
will be replaced by a valid provision having the same legal effect.
No waiver. The fact that the parties do not exercise
rights recognised as theirs pursuant hereto may not in any event be interpreted
as a waiver of the exercise of said rights.
Agreement on proof. It is
expressly agreed that, barring an obvious error established by the User or by
the Publisher, the data stored in the Publisher’s information system has
probative force. The data on computer or electronic media retained by the
Publisher constitute evidence and, if they are furnished as evidence in any
litigation or other proceedings, they will be admissible, valid and enforceable
between the parties in the same way, under the same conditions and with the
same probative force as any document that is produced, received or retained in