Water Activities – Guadeloupe: General Terms and Conditions of Sale
General Terms and Conditions of Sale
Signature in Progress
1- Purpose
These general terms and conditions define the rights and obligations of the parties in the remote booking of services offered by Blue Soley, whose contact details are specified in this booking confirmation document. They govern all the steps required for booking and managing the reservation between the contracting parties. The client acknowledges having read and accepted these general terms and conditions of sale and the sales conditions of the reserved rate available on our booking platform. These general terms and conditions of sale apply to all reservations made through the internet via our booking platform.
2- Reservation
The client selects the services presented on our booking platform. The client acknowledges having understood the nature, destination, and booking procedures of the services available on our platform and having requested and obtained the necessary and/or additional information to make the reservation with full knowledge. The client is solely responsible for their choice of services and their suitability to their needs, so our liability cannot be sought in this regard. The reservation is considered accepted by the client at the end of the booking process.
3- Reservation Process
Reservations made by the client are done through the online booking form accessible on our booking platform. The reservation is considered made upon receipt of the booking form. Prior to any reservation, the client agrees to complete the information requested on the reservation form. The client certifies the truthfulness and accuracy of the information provided. After the final selection of the services to be reserved, the reservation process includes entering the credit card details if a guarantee or prepayment is required, reviewing and accepting the general terms and conditions of sale and the sales conditions of the selected rate before confirming the reservation, and finally, the client’s confirmation of the reservation.
4- Acknowledgment of Reservation
Our booking platform acknowledges receipt of the client's reservation by sending an email without delay. In the case of an online reservation, the acknowledgment email summarizes the contract offer, the services reserved, the prices, the sales conditions of the selected rate accepted by the client, the reservation date, and the address where the client can present their complaints.
5- Cancellation or Modification by the Client
It is reminded to the client, in accordance with Article L. 121-21-8 12° of the Consumer Code, that they do not have the right of withdrawal provided for in Article L. 121-21 of the Consumer Code.
The sales conditions of the reserved rate specify the cancellation and/or modification terms for the reservation:
-Within 24 hours: 100% of the deposit received
-Within 48 hours: 50% of the deposit received
After 48 hours: 5% of the deposit corresponding to banking fees
No-show on the day of the service: 100% of the deposit received
Cancellation of the reservation can be made directly with Bluesoley, whose contact details are provided in the reservation confirmation sent by email.
5.2 Cancellation or Modification by Bluesoley
Bluesoley reserves the right to cancel or adjust the activity based on weather conditions or the number of participants.
The activity may be canceled for weather, safety reasons, or any other case of force majeure. In such cases, the client will be informed as soon as possible by email or phone. If the activity cannot take place, the service may be rescheduled based on availability. If the activity is canceled during the service due to reasons beyond our control, participants will not be entitled to any compensation. The scheduled meeting time will always be communicated to you upon booking. To ensure smooth activity and out of respect for other participants, we kindly ask you to adhere to these times. During high season, with potentially high traffic, we recommend arriving 15 minutes early.
Gift cards that have expired will no longer be valid.
For the refund of deposits made through the online platform, Bluesoley has a 30-day period to process the refund.
Bluesoley reserves the right to exclude, at any time, one or more participants whose behavior jeopardizes the safety or well-being of other clients, without any compensation being owed to the excluded participant.
Consumption of the Service
In accordance with applicable regulations, the client will be required to complete the rental contract upon arrival before departure. Any behavior contrary to public decency and order will result in the termination of the service without any compensation and/or refund. The client agrees to respect the Rental Contract. In case of non-compliance with any provision of the Rental Contract, Bluesoley will be obliged to ask the client to cease the service without any compensation and/or refund. If the service is interrupted, the client or participant will not be entitled to any refund.
6- Responsibility
The photographs presented on our booking platform are contractual. Every effort is made to ensure that the photographs, graphic representations, and texts give an accurate preview of the services offered, though variations may occur between the time of booking and the actual service. Bluesoley cannot be held responsible for non-performance or poor execution of the reservation in the case of force majeure, third-party issues, client fault, or unauthorized prepayment by the bank of the cardholder. Any irregular, void, incomplete, or fraudulent reservation or payment attributable to the client will lead to the cancellation of the order at the client’s expense, without prejudice to any civil or criminal action against the client.
Bluesoley is insured for professional liability regarding the rental of beach crafts and the sports and leisure activities it offers, but its responsibility will not apply to activities booked with other service providers. It has insurance coverage with BPCE IARD. However, Bluesoley's responsibility does not replace the individual civil liability that each participant must have.
6.2 Safety and Caution Rules
Each participant is aware that due to the specific nature of the activities offered, they may encounter certain risks due to isolation, distance, and the specific environment (e.g., Coral Reef). Participants assume these risks knowingly and must follow safety rules.
Instructions are given before each departure. In specific weather conditions, Bluesoley may determine a mandatory route or direction. Failure to comply with this instruction directly implies the participant's responsibility.
Activities taking place in a natural environment require exemplary individual conduct and strict adherence to safety and environmental rules. Bluesoley provides a life jacket for each participant, which must be worn throughout the rental/course. For kitesurfing and wingfoiling activities, participants must also wear a helmet and shoes.
Bluesoley cannot be held responsible for any individual recklessness by one or more participants.
6.3 Prerequisites and Technical Level
Our activities are open to everyone; however, depending on the activity and course, certain conditions must be met (e.g., knowing how to swim, age limit, technical level, physical condition).
Bluesoley is not able to verify the sporting level of its clients.
Each participant is responsible for assessing their physical condition in relation to the courses they wish to undertake.
For canoe-kayak activities, it is essential to know how to swim 25 meters and submerge.
The client must not have a medical contraindication to the chosen activity.
IMPORTANT: If you do not have a medical contraindication but are dependent on special medical care or treatments (e.g., asthma, diabetes), or your health requires special attention (e.g., fragile joints, back problems, mandatory glasses), you must inform Bluesoley before the activity and bring any necessary emergency medications as per medical recommendations.
6.4 Minors
Bluesoley accepts minors as long as their age, physical ability, and technical level allow the activity to be performed under normal conditions.
Before each departure, a signature is required, involving the legal responsibility of the signatory for all minors present. By signing, the legal representative (father or mother) certifies the minor’s ability to swim at least 25 meters and submerge (for canoe-kayak activities) and agrees to ensure constant supervision of the entire group during the rental and the wearing of life jackets.
7- Equipment
7.1 Provided Equipment
The participant is responsible for the equipment provided for the activity. The service provider cannot be held responsible for any damage caused by the equipment.
In case of loss, theft, or damage to the provided equipment, the participant/client will be required to compensate for the wear or provide full reimbursement of the equipment as per the amounts below:
-Life jacket: €40
-Paddle: €50
-Anchor: €30
-Waterproof bag: €25
-Kayak/Pedal boat: upon estimate
Wingfoil (wing/board/foil) / kitesurf (wing and board): upon estimate
-Cooler: €50
-Kite harness: €90
-Helmet: €60
For torn sails, a price list for repairs will be displayed on-site.
7.2 Equipment to Bring
To have a good and unforgettable experience, please bring:
-Appropriate clothing for the weather
-Sun protection (hat, t-shirt, sunglasses, sunscreen, etc.)
-A water bottle
Avoid wearing jewelry or valuables.
Bluesoley cannot be held responsible for the loss, theft (including from vehicles or personal belongings left at Bluesoley), or damage to items (e.g., glasses, cameras, phones) brought by participants during the activity. The provided bag is waterproof but does not guarantee full protection. Bluesoley disclaims responsibility for any damage to items placed in the waterproof bag.
8- Claims
Any incident or dispute may, at the request of the parties, result in a contradictory expert assessment within 8 days at the requestor’s expense. Any claim related to this contract or billing must be made no later than one month from the date the invoice was issued.
9- Price
The prices for booking services are stated before and during the reservation. Prices are confirmed to the client including VAT in euros and are valid only for the duration specified on the booking platform. If the payment to the company is made in a currency other than the one confirmed on the reservation, exchange fees will be borne by the client. All bookings, regardless of their origin, are payable in euros, unless specified otherwise on-site. Unless otherwise stated on the booking platform, supplementary services are not included in the price. Prices include the applicable VAT on the day of the order, and any change in the VAT rate will automatically be reflected in the prices on the invoice date. Any modification or imposition of new taxes by the competent authorities will automatically be reflected in the prices on the invoice date.
10- Payment
The client provides their banking details as a guarantee for the reservation, except for special conditions or rates, by credit or debit card (Visa, Mastercard, American Express… depending on the possibilities offered by the booking platform), entering the card number (no spaces between digits), expiration date (the card used must be valid at the time of service consumption), and the security code. The client must present the card used for the reservation upon arrival.
The total amount or a deposit for the service must be paid to confirm the reservation.
In case of no-show on the day of the service, Bluesoley will charge the client 100% of the total reservation amount.
Bluesoley has chosen a secure booking system for online credit card payments. The validity of the customer's payment card is verified. There may be a payment card refusal for several reasons: stolen card, blocked card, reached limit, input error, etc. In case of a problem, the customer should contact their bank on one hand, and Bluesoley on the other hand, to confirm their reservation and payment method.
The remainder of the service is to be paid directly on-site on the day of the activity. Accepted Payment Methods: credit card, cash, or vacation checks.
11- Privacy Protection
The customer is informed, on each of the forms collecting personal data, about the mandatory or optional nature of the answers by the presence of an asterisk. The information processed is intended for Bluesoley, its entities, partners, and service providers (especially online payment providers). The customer authorizes the communication of their personal data to third parties as long as such communication is compatible with the performance of the operations related to the booking system under these general terms and in connection with the Customer Data Protection Charter. Specifically, during online payment, the customer's banking details must be transmitted by the payment provider to the bank of the establishment to execute the booking contract. The customer is informed that this data transfer may take place in foreign countries that do not offer adequate protection for personal data under the Data Protection Act. However, the customer consents to this transfer, which is necessary for the execution of their reservation. SHHAKER SAS / lyra.com, in their capacity as professionals, have committed to taking all security and confidentiality measures regarding these data transfers.
12- Evidence Agreement
The entry of the required banking information, along with the acceptance of these general terms and conditions and the booking confirmation or request, constitutes an electronic signature that holds the same value as a handwritten signature between the parties. The computerized records stored in the information systems will be kept under reasonable security conditions and will be considered as proof of the communications, orders, and payments between the parties. The customer is informed that their IP address is recorded at the time of booking.
13- Force Majeure
Force majeure refers to any event outside the control of the parties, which is both unforeseeable and insurmountable, that prevents either the customer or the establishment from fulfilling part or all of the obligations outlined in the contract. Events typically recognized as force majeure or fortuitous events by French court jurisprudence are considered. Neither party will be held responsible to the other for the non-performance of its obligations resulting from a force majeure event. It is expressly agreed that force majeure suspends the performance of reciprocal obligations, with each party bearing the costs arising from it.
14- Dispute Resolution
These Terms and Conditions of Sale are governed by French law, without prejudice to any mandatory protective provisions that may apply in the consumer's country of residence.
Entirety
These Terms and Conditions of Sale, the specific conditions of the tariff reserved by the customer, and the booking request express the entirety of the parties' obligations. No general or specific condition communicated by the customer may be integrated into these general terms. The documents forming the contractual commitments between the parties are, in decreasing order of priority, the booking request (including the specific conditions of the reserved rate) and these general terms. In case of contradiction between the booking confirmation and the general terms, the provisions in the booking confirmation shall prevail for the obligation in question. These online Terms and Conditions of Sale may be modified and/or supplemented by the establishment at any time. In such a case, the new version of the Terms and Conditions will be published online by the establishment. Once posted online, the new version of the Terms and Conditions will automatically apply to all customers.
Privacy and Personal Data Protection
In accordance with the French Data Protection Act of January 6, 1978, you have the right to access and correct the data concerning you.
To exercise this right, please contact: reservations@bluesoley.com
1. Use of Collected Data:
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It is used for the processing of services offered by the website.
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