General Terms and Conditions of Sale
1. Purpose
These General Terms and Conditions of Sale (GTCS) govern the booking of eFoil sessions offered by eFoil Estérel, located in Saint-Raphaël / Agay, and define the rights and obligations of the parties involved. Any booking implies full and unconditional acceptance of these GTCS by the client.
2. Identification – Organizer – Payment collection – Partner
2.1 Organizer/Seller – Booking and payment collection Online bookings, website management, customer relations and payment collection are handled by: SAS VESPER WAVE – SIRET: 99494326400014 Registered office: 60 rue François 1er, 75008 Paris President: Paul Quentel Clients enter into a contract with SAS VESPER WAVE. 2.2 Partner – Supervision of certain sessions Some sessions may be supervised by an independent partner acting on behalf of the organizer, in particular: SRL GLIDE AND FLY – SIRET: 94452629200023 Registered office: 3055 Quartier Fougerette RD8, 83370 Fréjus Managing Director: Denis Kremer The partner acts as an independent professional. Clients contract exclusively with SAS VESPER WAVE, the organizer of the activity and the commercial contracting party.
3. Booking and payment
A booking is confirmed once payment has been made online by credit card via the secure Stripe platform. At the time of booking, the client may choose to pay: • Either a deposit equal to 50% of the total session price, • Or the full amount of the session. Any remaining balance shall be paid according to the terms indicated during the booking process. A confirmation email is sent to the client once payment has been received.
4. Cancellation and refunds
4.1 Cancellation by the client Any cancellation must be notified in writing (email or the method indicated at the time of booking). The date and time of receipt of the request shall be taken into account. • More than 72 hours before the session: full refund of the amount paid. • Between 72 and 24 hours before the session: - If a 50% deposit was paid, no refund will be issued; - If 100% of the amount was paid, 50% of the total price will be retained by eFoil Estérel. • Less than 24 hours before the session or in case of no-show: no refund will be granted, regardless of the amount paid. 4.2 Cancellation or rescheduling by the organizer In the event of unfavorable weather conditions, unsafe navigation conditions, or any reason related to participant safety, eFoil Estérel reserves the right to cancel or reschedule the session. In such cases: • A rescheduling will be proposed as a priority; • If rescheduling is not possible or is refused by the client, a full refund of the amount paid will be issued. The decision to cancel or reschedule lies solely with the organizer. 4.3 Refund process Refunds are processed within an indicative timeframe of 5 to 10 business days, using the same payment method as the original transaction.
5. Participation requirements and safety
To take part in an eFoil session, the participant declares that he/she: • Is at least 12 years old; minors must be accompanied by a legal guardian • Is able to swim at least 25 meters and is comfortable with full immersion • Is in good physical condition and has no medical contraindication to practicing eFoiling • Is not under the influence of alcohol, drugs, or any substance likely to impair abilities • Is covered by a personal civil liability insurance • Has a weight compatible with the equipment used, recommended equal to or below 100 kg, corresponding to a technical limitation. The participant agrees to strictly follow all safety instructions and guidelines provided by the instructor before and during the session.
6. Lateness, interruption and conduct
Participants are required to arrive at least 15 minutes before the scheduled session time. Any delay may result in: • A reduction of the session duration, • Without any compensation or refund. eFoil Estérel reserves the right to interrupt or cancel a session without refund in the event of: • Failure to comply with safety instructions, • Inappropriate behavior, • Behavior endangering the participant or others.
7. Photos and videos
Photos and/or videos may be taken during the sessions, in particular for communication and promotional purposes on eFoil Estérel's website, social media, or other media. Unless expressly stated otherwise before or during the session, the participant authorizes eFoil Estérel to use his/her image, without time limitation and for non-commercial promotional purposes. The participant may object to the use of his/her image at any time, verbally or in writing, by notifying the organizer.
8. Liability - Personal belongings – Insurance
8.1 Liability eFoil Estérel shall not be held liable for: • Accidents resulting from failure to follow safety instructions, • Inaccurate declarations made by the participant, • Inappropriate behavior during the session. Under no circumstances shall eFoil Estérel be held liable for indirect or intangible damages, or for situations beyond its control. 8.2 Personal belongings The organizer declines all responsibility for the loss, theft or damage of personal belongings of participants. 8.3 Insurance The activity is covered by professional civil liability insurance held by the organizer and its partner.
9. Force majeure
The organizer shall not be held liable in the event of non-performance or delay resulting from a force majeure event, as defined under French law.
10. Applicable law and disputes
These GTCS are governed by French law. In the event of a dispute and failing amicable resolution, the competent courts shall be those under the jurisdiction of Draguignan.