TERMS AND CONDITIONS
1. Unexpected circumstances such as the weather, lock closures and repairs, low water levels caused by lack of rain or drought conditions, high river levels caused by flood conditions, and/or changes to the yearly maintenance schedule of the French Waterway Authority, may require changes and modifications to our cruise routes and/or excursions. Such changes are rare, but they can occur, and we reserve the right to alter cruise routes accordingly. A change in routes or excursions cannot be accepted as a cause for cancellation of a cruise. Alternative and accessible routes and/or excursions will be chosen in the event of any of the foregoing.
2. The owners of Randle wish to provide a safe and carefree cruise for our guests, and we will manage and operate Randle accordingly. Nevertheless, by booking a cruise on Randle with SARL Edge Charter guests recognize and acknowledge the existence of hazards natural to travel by boat or vehicle on related excursions, such as, but not limited to, slipping, falling, tripping, and/or injuries resulting from collision. Moderate level changes, steps and uneven ground surfaces are a normal part of rural barge cruising. The barge operators and its owners assume no responsibility or liability for a guest's illness, injury, death or loss or damage of personal property while aboard the barge, its vehicles, or its bicycles, however caused.
3. Insurance against personal accident and loss of personal effects is not included in the cruise price and no responsibility can be accepted for such accidents or losses. Guests are strongly advised to insure themselves and their belongings.
4. In the unlikely event that Randle cannot be made available for dates reserved for the cruise, or the cruise is cancelled by the owners for circumstances beyond their control, all sums received shall be returned fully and promptly to guests and the guests shall have no claim against the owners. Sums will be prorated if only a portion of the trip is cancelled. There will be no refunds for days missed by guests on the cruise.
5. Cancellations: all deposits and payments are non-refundable unless the reserved space is resold. If it is sold at a full or discounted price, the proportionate refund will be made. These conditions are standard in the European barging industry. We strongly recommend purchasing trip cancellation insurance at the time of initial booking.
6. For the comfort and safety of all, smoking is not allowed aboard the barge.
7. We regret that we cannot carry guests under 18 years of age unless accompanied by a parent. Randle is not suitable for infants or small children. Exceptions may be made for families who charter the entire barge; however, furnishings, appointments, equipment and fittings are not child-proof and the barge's physical dimensions are scaled for adults. Pets cannot be carried on the barge.
PAYMENT OF THE DEPOSIT INDICATES ACKNOWLEDGEMENT AND ACCEPTANCE OF THESE TERMS & CONDITIONS BY ALL GUESTS AND MEMBERS OF THE CHARTER PARTY.
Your contract is with SARL Edge Charter Lieu dit Pressures, 58500, Clamecy, France. When making your booking you guarantee that you have the authority to and do accept on behalf of your party the terms of these booking conditions. A contract exists as soon as we issue our Booking Confirmation Form. You should check the details of your confirmation carefully to ensure that it accurately reflects the booking you have requested and immediately inform us of any discrepancies. If the date of the booking is less than 14 days from the date of issue of the Booking Confirmation Form this should be done within 24 hrs of that date. Otherwise we would expect a response within 7 working days.
You should also send us the requested outstanding information, either by returning the completed Form or online as described on the Form. This information forms part of the contract between us.
This contract is made on the terms of these booking conditions which are governed by French Law and we both agree to submit to the jurisdiction of the French Courts at all times. By accepting this Contract you, the party leader, are confirming that you and/or members of your party are suitable to undertake the charter.
Your Charter Price
All prices are in United States Dollars, USD $. Prices are accurate at the date of publication, but could have since changed. This does not apply to invoice errors or omissions. Once a booking has been made, offers and discounts cannot be applied retrospectively.
The balance of the price of your charter must be received in cleared funds at by two weeks prior to your charter embarkation date. If the balance is not paid in time, we may cancel your arrangements and retain your deposit.
If you change your booking
If, after our confirmation invoice has been issued, you wish to change your arrangements in any way, we will do our utmost to make these changes, but it may not always be possible. If you or any members of your party are unable to proceed with the charter, you can transfer the booking to a substitute person, providing they satisfy all the conditions applicable to the original booking. Any request for changes to be made must be in writing. Should you request a major alteration within two weeks of the embarkation date then this will be treated as a cancellation and re- booking.
If You Cancel Your Charter
You or any member of your party may cancel your arrangements at any time. Written notification from the Lead Name must be received by us. Cancellation will be effective on the date which it is received by SARL Edge Charter together with any documents by then issued to you.
If We Change or Cancel Your Charter
The arrangements for charters in this booking maybe made many months in advance and it is sometimes inevitable that changes or cancellations may need to be made. We reserve the right to make such changes should they become necessary. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your booking. If we are unable to provide the booked arrangements and have had to cancel them before the charter is due to start for any reason (including Force Majeure) you can either:
(a) Accept our offer of a replacement charter of equivalent or higher quality (subject to availability)
(b) Accept our offer of a replacement charter of lower value (subject to availability) and we will refund the difference in cost.
(c) Accept a full refund of the money you have paid.
Force Majeure means unforeseeable and unusual circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised. Such circumstances or events include (but are not limited to) war or threat of war, riot, civil strife, terrorist activity, natural or nuclear disaster.
You must accept responsibility for the proper conduct of yourself and any members of your party. SARL Edge Charter cannot be held responsible for consumption of alcohol. We reserve the right in our absolute discretion to terminate without further notice the charter arrangements of any client who refuses to comply with the instructions or orders of the company staff or other responsible person whose behaviour in their opinion is likely to cause distress, damage, danger or annoyance to other guests, staff, any third party or to property. Upon such termination our responsibility for your charter ceases and we shall not be liable for any extra costs incurred by you.
If You Have a Complaint
If you have a problem during your charter, please inform a relevant member of staff immediately, who will endeavour to put things right. If your complaint is not resolved locally, please follow this up within 28 days of your charter by writing to us, giving your booking reference and all other relevant information. It is strongly suggested that you communicate any problem to our staff without any delay. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on charter and this may affect your rights under this contract.
Our Liability to You
Subject to the limitation of liability set out in the following paragraph, our liability to you for any loss or damage which you may suffer (other than personal injury resulting from the non-performance or improper performance of the services involved in the charter) is limited to three times the price of your charter. We accept responsibility for any death, bodily injury or illness caused to you as a result of the proven negligent acts and/or omissions of our employees, suppliers and sub-contractors and their servants and/or agents while acting within the scope of, or in the course of, their employment. We also accept responsibility for any damage caused to you as a result of any failure to perform, or improper performance of the services we have agreed to provide to you, except where such failure or improper performance is not our fault or that of our suppliers because:
(a) Such failure is attributable to you or a member of your party.
(b) Such failure is attributable to a third party unconnected with the provision of the services to be provided to you and is unforeseeable or unavoidable.
(c) Such failure is due to Force Majeure. (See the Definitions section in paragraph 5).
(d) Or an event which could not be foreseen or prevented even with all due care.
SARL Edge Charter accepts no responsibility for the acts or omissions of its clients whether negligent or otherwise and shall not be held liable for any claims made against them (or as a result of their actions) either by other clients of SARL Edge Charter or hired parties. SARL Edge Charter does not accept liability for losses that were actually unforeseeable to those involved at the time of booking, losses that were not caused by any breach on the part of SARL Edge Charter or its suppliers and any business losses or similar to the client as a result of unforeseeable circumstances.
As with other activity based charters there is an element of risk. It should be understood that participation in these activities is your decision and at your risk. In the interests of safe conduct of your charter, SARL Edge Charter staff may order a change to your itinerary or decide whether or not conditions are safe to proceed.
Condition of Goods
The client will be afforded the opportunity to inspect the vessel at the beginning of the charter. Once the vehicle is accepted by the client it is deemed to be in full working order and w holly free from damage at the time of charter.
Lost, Non Returned or Damaged Goods
The client must immediately notify both SARL Edge Charter and the police of any loss of theft of any goods. When the goods are not returned or are returned incomplete the liability of the client shall only cease w hen the client pays to SARL Edge Charter the manufacturers current list price for the goods or vehicles. The client agrees to pay all costs incurred by SARL Edge Charter in rectifying the goods or vehicles if returned damaged or incomplete. Charter fees will continue until such rectification is complete.
Brochure & Website Accuracy
The brochure and website are prepared from information gathered prior to publication. Every care is taken to ensure that this information is still correct at the time of going to press (October 2011) but it has to be remembered that facilities may be withdrawn from SARL Edge Charter and charter particulars altered as a result. These circumstances are regrettably beyond our control and we are unable to accept liability.
Our staff are instructed to advise enquirers of amendments which the company regard as significant. SARL Edge Charter shall be entitled to make any modifications it feels appropriate at any time, without prior notice.
Our staff are often asked for information not contained in the brochure. However, whilst every effort is made to ensure that all information given is correct, SARL Edge Charter cannot be held responsible if this should prove inaccurate, unless requested and answered in writing.