LHOOQ GENERAL CONDITIONS OF SALE
1/REGISTRATION and PAYMENT
The general conditions of sale are recognized as having been read and approved upon receipt of the first payment (deposit included) or following online registration via our website. The registration then becomes effective. In accordance with article L.121-20-4 of the Consumer Code, people registered for a service do not benefit from the seven-day withdrawal period.
1.1 Payment methods:
Check payable to Lhooq, cash, transfer (bank details provided on request) or online payment from our website.
1.2 Terms:
1.2.1 Internet:
The customer undertakes, prior to any reservation, to complete the information requested on the site. The customer certifies the veracity and accuracy of the information transmitted. After the final choice of the services to be reserved, the reservation procedure includes entering the bank card, consulting and accepting the general conditions of sale and the conditions of sale of the reserved rate before validation of the reservation and, finally . , validation of the reservation by the customer.
The reservation platform subcontracted by Ultinow acknowledges receipt of the customer's reservation by sending an email without delay. In the case of online booking, the acknowledgment of receipt of the booking by email summarizes the contract offer, the services reserved, the prices, the cancellation conditions relating to the selected rate, accepted by the customer, the date of reservation made, information relating to after-sales service, as well as the address of the seller's establishment to which the customer can submit complaints.
On the Internet via our online reservation platform subcontracted by Ultinow, the sale of certain services is requested upon registration regardless of the registration period before the service. When registering for certain travel or stopover services, only payment of an online deposit is required. This is indicated in “price category” on the platform. In this case the sale will be paid online or on site on the day of the activity by check or cash.
1.2.2 Mail:
Registration for more than 30 days: Upon registration, payment of a deposit of the amount indicated on the “Registration File”. The balance will be paid no later than 7 days before departure. Registration within 7 days: Payment of the total amount of the service
2/CHANGES REQUESTED BY THE CUSTOMER
2.1 Cancellation:
Any notification of cancellation must be made by any means enabling acknowledgment of receipt to be obtained. In all cases, Lhooq charges cancellation fees calculated on the total price including tax of the service and varying depending on the date of cancellation, according to the conditions below. Cancellation fees (variable depending on the number of days preceding the service): – less 7 days: 50% of the price of the service – less 2 days: 100% of the price of the service
2.2 Change or modification of the service:
Any change of service or dates must be notified at the latest 30 days before the departure date by any means allowing an acknowledgment of receipt to be obtained. Any modification request sent at least 30 days before the departure date is considered a cancellation and results in the application of the cancellation conditions above. The renunciation of one of the services included in a service cannot be subject to any reimbursement.
2.3 Modification during the service:
Any modification of the program made at the request of the participant can only be implemented after agreement of the guide and the entire group. In this case, additional costs incurred are the responsibility of the participant.
2.4 Transfer of contract:
In the event of transfer of the Registration File to a third party, the customer is required to inform Lhooq no later than 7 days before departure by any means enabling them to obtain an acknowledgment of receipt.
2.5 Interruption of service:
Any service interrupted by the participant's decision (for reasons of health, level, or other) does not entitle Lhooq to any reimbursement for unused services. Additional costs incurred by the participant as a result will not be reimbursed. Following medical repatriation by the participant's assistance, unused services cannot be reimbursed.
3/MODIFICATIONS BY LHOOQ
3.1 Cancellation
• Lack of sufficient number of participants. When the minimum number of 4 participants is not reached, the service may be canceled at the latest on the day of departure. In this case, the customer is informed by e-mail or telephone. The customer then has the choice between full reimbursement of the sums paid or deferral of the sums paid to another service of their choice. He cannot claim any compensation.
• Due to very unfavorable weather conditions. In this case, the customer will be informed as soon as possible by e-mail or telephone. The customer then has the choice between reimbursement or deferral up to the amount paid for another service of his choice. He cannot then claim any compensatory compensation.
• In the event of force majeure (unforeseeable and insurmountable incidents or events such as: wars, political unrest, strikes, riots, climatic conditions, natural disasters, etc.).
Only the Lhooq instructor guide provided for the supervision of the service can cancel the service for weather reasons linked to the safety of the participants and elements of a meteorological nature. The participant may under no circumstances request a postponement or cancel his or her participation without the cancellation fees in paragraph 2.1 applying.
3.2 Changes before departure
Before departure, an itinerary, a program and a boarding location may be modified for weather reasons. These details are stipulated in the registration files, on the website and on the online reservation platform. The guide in charge of the service can redefine a route at any time, so that it is the most sheltered from sea conditions and in optimal navigation conditions depending on the level of the participants. The participant will therefore not be able to cancel without losing the entire price of the service.
3.3 Modifications during the service
For safety reasons or organizational issues linked in particular to current weather conditions or at group level, the program and itineraries may be subject to modifications. In these cases, only the guide is authorized to make the necessary decision(s), without notice. Lhooq may then be required to cover the additional services incurred or to reimburse, except in cases of force majeure, the difference in price between the services planned and those provided.
3.4 Interruption of service:
Any service may also be interrupted by decision of the guide for duly justified reasons (safety, insufficient level, weather). In this case, unless the interruption is due to force majeure, Lhooq reimburses the price difference between the services planned and those provided.
4/ RESPONSIBILITIES
4.1 Civil Liability
Lhooq is insured for professional civil liability with an insurance company. However, Lhooq's liability does not replace the individual civil liability which each participant must hold.
4.3 Events outside Lhooq
Lhooq cannot be held responsible for the partial or total non-performance of the planned service due to events external to it and in particular in the event of:
– incidents attributable to the participant (lateness, absence, risky attitude, etc.)
– incidents attributable to a third party,
– force majeure (unforeseeable and insurmountable incidents or events such as: wars, political unrest, strikes, riots, climatic conditions, natural disasters, etc.).
4.4 Rules of caution
The services taking place in the natural environment (at sea and on land), exemplary individual conduct and strict compliance with the safety rules formulated by the guide are required of each participant. Lhooq will not be held responsible for the individual imprudence of one or more participants. Lhooq reserves the right to exclude, at any time, one or more participant(s) whose behavior would endanger the security of the group or its well-being, without any compensation being due to the incriminated participant.
4.5 Prerequisites and technical levels
When registering, each participant acknowledges that they know how to swim. He also acknowledges having a physical condition and a technical level of the corresponding service. Lhooq cannot be held responsible in the event of physical insufficiency revealed during the trip.
4.6 Minors
Lhooq agrees to welcome minors provided that their age and physical fitness make it possible to provide the service under normal conditions. Except during services reserved for them, minors must be accompanied by at least one of their parents or any other adult person authorized by them.
4.7 Transport and accommodation before and after the service
In the event of modification or cancellation of the service for the reasons mentioned above, Lhooq is not responsible for the possible loss of the value of the transport tickets or accommodation services that the customer would have contracted to get to the location. of the start of the service and/or to return home after the service. Lhooq therefore strongly recommends that the customer opt for modifiable and/or refundable transport tickets and accommodation services.
5/HARDWARE
5.1 Material provided
The materials and equipment provided by Lhooq are listed in the technical sheet or registration file for the corresponding service. They are entrusted to the participant who becomes responsible for them during the duration of the service. Any damage may result in repair or replacement costs. As such, the participant is advised to ensure that his personal civil liability insurance policy covers possible damage caused during a sea kayaking service. The participant is free to use his personal equipment under its own responsibility without being able to claim any reduction or compensation from Lhooq.
5.2 Equipment to be provided.
The equipment to be provided is listed in the technical sheet of the corresponding service. It is important to check your equipment; the safety, comfort and smooth running of the service may depend on it. The customer is solely responsible for his personal equipment.
6/PRICE
6.1 Price and payment:
The prices of Lhooq services only include the transport, loan or rental of navigation equipment and the corresponding equipment.
Additional costs :
Most trips are clearly defined in their prices and the associated additional costs are detailed in the registration files. Accommodation, catering and sometimes transport services during a trip are invoiced directly by the service provider or may be the subject of a common fund organized and advanced by Lhooq.
It is up to the customer to refer to the technical sheet of the chosen service to find out the exact list of services included and the list of equipment to be provided.
The prices of Lhooq's services have been calculated as accurately as possible based on the economic conditions known at the time of printing its documentation. They are applicable from publication until the day of publication of the following edition. They have no contractual value and are confirmed to the buyer upon registration. They are subject to possible modifications which apply to all people already registered or wishing to register. Promotions and discounts are neither cumulative nor retroactive.
The establishment has chosen ultinow.com/stripe.com in order to secure online payments by credit card. The validity of the customer's payment card is verified by stripe.com. The payment card may be refused for several reasons: stolen card, blocked card, ceiling reached, entry error, etc. In the event of a problem, the customer will have to contact their bank on the one hand, establishment on the other hand to confirm their reservation and method of payment. In the case of a rate subject to online prepayment, the amount paid in advance, which is the deposit, is debited at the time of booking.
6.2 Small group supplement:
In order to avoid canceling a service due to a lack of sufficient participants (see 3.1), Lhooq can offer a small group departure for an additional charge. The customer is then free to accept or refuse. In the event of refusal, Lhooq will reimburse the amounts paid. If on the day of departure the size of the group reaches the minimum number required, the supplement becomes undue by the customer, it is, depending on the case, refunded or not claimed.
7/RESPECT FOR PRIVACY
Respect for privacy is a subject that is at the heart of the reservation platform's concerns. The customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the responses by the presence of an asterisk. The information processed is only intended for the establishment and online payment providers. This information is not passed on to other third parties. When paying online, the customer's bank details must be transmitted by the payment provider Stripe.com to the establishment's bank, for the execution of the reservation contract. The customer is informed that this data transfer may therefore take place in foreign countries that do not have adequate protection of personal data within the meaning of the Data Protection Act. However, the customer consents to this transfer necessary for the execution of his reservation. Ultinow SAS / Stripe.com, in their professional capacity, have committed to the establishment to take all security measures and respect data confidentiality for said data transfers. Requests for information and registrations are processed electronically. In accordance with the provisions of Law No. 78-17 of January 6, 1978, you have the right to access and rectify personal information concerning you by mail to the following address: Lhooq - orphanage bay. Nouméa, 9884 New Caledonia
8/CONTESTATION
8.1 Complaint:
Any complaint relating to the service must be sent by the customer to Lhooq - orphanage bay. Nouméa, 9884 New Caledonia by registered letter with acknowledgment of receipt, no later than 1 month after the return date, accompanied by all supporting documents.
8.2 Dispute:
Subject to the status of the applicant, any dispute falls under the exclusive jurisdiction of the Nouméa District Court.