Conditions of the excursion
Passengers must inform LE DON DU VENT of any contraindication or inaptitude that would prevent them from taking part in the services offered by LE DON DU VENT (nautical activities: sea excursions, water sports, swimming, snorkelling, etc.). Passengers embark under their own responsibility and cannot hold LE DON DU VENT responsible in the event of physical injury related to their state of health (disability, illness, etc...), either on board or during embarkation or disembarkation operations, or during water sports or aquatic activities. Passengers who, due to their state of health, require special assistance during the excursion or water sports activities (persons with reduced mobility, visually impaired, etc.) are invited to inform the crew or captain of LE DON DU VENT at the time of booking and on boarding. COMPANY NAME: AU GRÉ DU VENT BUSINESS NAME: LE DON DU VENT Registered Office: 20 Boulevard Louis Salvator 13006 MARSEILLE SIRET: 43392107900029 RCS de Marseille GENERAL CONDITIONS OF SALE
Pregnant women may take part in a sea excursion, under their own responsibility, after 2 months and up to 6 months of pregnancy, subject to presentation to LE DON DU VENT of a medical certificate stating that they are not contra-indicated to sea navigation. However, LE DON DU VENT cannot be held liable for any reason whatsoever in the event of physical injury. LE DON DU VENT cannot be held responsible in the event of physical injury or any other incident related to pregnancy.
LE DON DU VENT does not transport unaccompanied minors. They will embark and take part in excursions, as well as nautical and aquatic activities, under the sole responsibility of their accompanying adult(s). Children aged between 10 months and 6 years must wear a suitable lifejacket. Parents must inform LE DON DU VENT of their presence when booking or before boarding.
Durant la navigation les passagers devront rester assis. Ils devront se conformer lors des opérations d’embarquement et de débarquement, ainsi qu’à bord, au règlement du navire, notamment celui établi par LE DON DU VENT et, d’une manière générale, se soumettre aux recommandations ou instructions du capitaine ou de ses préposés. LE DON DU VENT décline toute responsabilité pour tous les dommages corporels survenus aux passagers qui ne se seront pas conformés à cette prescription, soit à bord, soit pendant les opérations d’embarquement ou de débarquement. Passengers will be held responsible for any damage of any nature whatsoever that they may cause to themselves, or to other passengers, to third parties, or to the persons and property of LE DON DU VENT. The same applies to any damage of any kind caused by persons or property in the care of passengers. LE DON DU VENT authorises swimming during excursions during "swimming breaks" in the calanques. However, swimming is not supervised and takes place under the passengers' own responsibility. Minors remain under the responsibility of their accompanying adult(s). People who do not know how to swim or who swim badly must inform the sailing staff. LE DON DU VENT provides passengers with life jackets. LE DON DU VENT declines all responsibility in the event of incidents or personal injury during swimming.
Any damage occurring during excursions or water sports activities must be reported by the passenger to LE DON DU VENT before leaving the ship. Passengers must report any damage to their person and/or property (personal objects, etc.) to the ship's staff. LE DON DU VENT will draw up a joint report in the presence of the passenger(s) concerned before leaving the vessel. Failing to comply with this requirement, passengers will be presumed to have disembarked safe and sound and their belongings in good condition. LE DON DU VENT declines all responsibility, except in the cases provided for in articles L5421-2 and following of the French Transport Code, for accidents involving physical injury occurring during navigation, excursions or nautical and aquatic activities, or during embarkation or disembarkation operations, either at the ports of departure or destination, or at the ports of call, or at sea during swimming.
Passengers may take on board their personal equipment (camera, mask, snorkel, flippers) under their own responsibility. LE DON DU VENT declines all responsibility for luggage, objects or personal equipment taken on board by passengers, as well as for money, jewellery or other valuables which remain during excursions and any other activity offered by LE DON DU VENT, under the exclusive responsibility of their owners.
Free loan of equipment
LE DON DU VENT provides passengers, free of charge, with equipment for the nautical and aquatic activities it offers (masks, snorkels, windbreakers, etc.). In such cases, the defectiveness or lack of equipment does not entitle the passenger to any reimbursement or reduction whatsoever. LE DON DU VENT reserves the right to take legal action against passengers who have deliberately damaged or defaced the equipment loaned free of charge.
Consumption during the excursion
On excursions organized by LE DON DU VENT, the moderate consumption of alcohol and tobacco is permitted. For reasons of passenger safety and comfort, LE DON DU VENT staff may limit or prohibit the consumption of alcohol or tobacco. The consumption of drugs or other narcotics is strictly prohibited. LE DON DU VENT may take all necessary steps, or impose constraints, on passengers who, because of their behavior: endanger a person or a member of staff, damage or deteriorate property belonging to LE DON DU VENT, prevent staff from carrying out their duties, do not respect the recommendations and instructions of members of staff or the captain. LE DON DU VENT reserves the right to disembark passengers who, due to their behavior, endanger the safety, tranquility or comfort of other passengers or members of staff. Passengers will not be entitled to any refund. Translated with www.DeepL.com/Translator (free version)
Booking cancellation conditions
In the event of sailing being impossible, the captain reserves the right to cancel the service. Photos and videos during excursions LE DON DU VENT makes every effort to provide photos and illustrations giving an overview of the services selected. Unless expressly agreed in writing by DON DU VENT, it is strictly forbidden to use photos and videos taken during the excursion and representing all or part of the Vessel for commercial, promotional and/or profit-making purposes. Unless explicitly stated otherwise, the passenger may not, under any circumstances, reproduce, represent, modify, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or exploit in any way whatsoever for commercial, promotional or lucrative purposes all or part of the photos and videos taken during the excursion and representing all or part of the vessel LE DON DU VENT. Translated with www.DeepL.com/Translator (free version)
It may happen that certain activities offered by LE DON DU VENT and indicated in the description on the Site are cancelled, notably for climatic reasons or in the event of force majeure.
Responsibilities and warranties
The liability of the maritime carrier is governed by the laws of June 18, 1966, January 3, 1967 and December 21, 1984. The carrier cannot be held liable in the event of schedule changes or cancellation of departures due to force majeure, fortuitous events or other reasons. Passengers must keep their ticket for inspection purposes. They undertake to respect the rules on board and to submit to the captain's orders. No claims will be accepted once the departure has taken place. The shipowner reserves the right to cancel or modify services in the event of bad weather.
The general terms and conditions, and more generally the contract concluded between the passenger and LE DON DU VENT are subject to French law. Any dispute relating to their conclusion, execution, termination and/or interpretation shall be settled by the French courts.