Tour conditions
Passenger health
Passengers must inform ELEANOR MARY of any contraindication or unfitness that would prevent them from taking part in the services offered by ELEANOR MARY (nautical activities: sea excursions, water sports, swimming, snorkelling, etc.). Passengers embark under their own responsibility and cannot hold ELEANOR MARY 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 ELEANOR MARY crew or captain when booking and when boarding. COMPANY NAME: AU GRÉ DU VENT BUSINESS NAME: ELEANOR MARY Registered office: 20 Boulevard Louis Salvator 13006 MARSEILLE SIRET: 43392107900029 RCS de Marseille GENERAL CONDITIONS OF SALE
Pregnant women
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 ELEANOR MARY of a medical certificate stating that they are not contra-indicated to sea navigation. However, ELEANOR MARY cannot be held liable for any reason whatsoever in the event of bodily injury. ELEANOR MARY cannot be held responsible in the event of bodily injury or any other incident related to pregnancy.
Minors
ELEANOR MARY does not provide transport for unaccompanied minors. They will embark and take part in excursions, as well as water sports 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 ELEANOR MARY of their presence when booking or before boarding.
Passenger behaviour
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 ELEANOR MARY et, d’une manière générale, se soumettre aux recommandations ou instructions du capitaine ou de ses préposés. ELEANOR MARY 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. Les passagers seront tenus pour responsables de tout dommage de quelque nature que ce soit, qu’ils pourraient se causer à eux-mêmes, ou aux autres passagers, aux tiers, ou encore aux personnes et biens de ELEANOR MARY. Il en est de même pour tous les dommages de quelque nature que ce soit causés par les personnes ou les biens qui sont sous la garde des passagers. ELEANOR MARY autorise la baignade lors des excursions à l’occasion des « pauses baignades » dans les calanques. Toutefois, celle-ci n’est pas surveillée et a lieu sous la propre responsabilité des passagers. Minors will remain under the responsibility of their accompanying adult(s). People who cannot swim or who swim badly must inform the sailing staff. ELEANOR MARY provides passengers with life jackets. ELEANOR MARY declines all responsibility in the event of incidents or personal injury occurring during swimming.
Bodily injury
Any damage incurred during excursions or water sports activities must be reported by the passenger to ELEANOR MARY before leaving the ship. Passengers must report any damage to their person and/or property (personal items, etc.) to the ship's staff. ELEANOR MARY will draw up a joint report in the presence of the passenger(s) concerned before leaving the ship. In the absence of compliance with this requirement, passengers will be presumed to have disembarked safe and sound and their belongings in good condition. ELEANOR MARY declines all responsibility, except in the cases provided for in articles L5421-2 and following of the French Transport Code, for physical accidents 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.
Personal items
Passengers may take on board their personal equipment (camera, mask, snorkel, fins) under their own responsibility. ELEANOR MARY 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 ELEANOR MARY, under the exclusive responsibility of their owners.
Free loan of equipment
ELEANOR MARY provides passengers, free of charge, with equipment for the nautical and aquatic activities it offers (masks, snorkels, windbreakers, etc.). In such cases, the defect or lack of equipment does not entitle the passenger to any reimbursement or reduction whatsoever. ELEANOR MARY reserves the right to take legal action against passengers who have deliberately damaged or defaced the equipment loaned free of charge.
Drinks during the excursion
As part of the excursions organised by ELEANOR MARY, the consumption of alcohol and tobacco in moderation is permitted. For reasons of passenger safety and comfort, ELEANOR MARY staff may limit or prohibit the consumption of alcohol or tobacco. The use of drugs or other narcotic substances is strictly prohibited. ELEANOR MARY may take all necessary steps, or impose constraints, on passengers who, because of their behaviour: endanger a person or a member of staff, damage or deteriorate property belonging to ELEANOR MARY, prevent staff from carrying out their duties, do not respect the recommendations and instructions of members of staff or the captain. ELEANOR MARY reserves the right to disembark passengers who, due to their behaviour, endanger the safety, tranquillity or comfort of other passengers or members of staff. The passenger will not be entitled to any refund.
Booking cancellation conditions
If it is impossible to sail, the captain reserves the right to cancel the service. Photos and videos during excursions ELEANOR MARY 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 ELEANOR MARY.
Activities on offer
It may happen that certain activities offered by ELEANOR MARY and indicated in the description on the Site are cancelled, particularly for climatic reasons or in the event of force majeure.
Responsibilities and guarantees
The liability of the maritime carrier is governed by the laws of 18 June 1966, 3 January 1967 and 21 December 1984. The carrier cannot be held liable in the event of a change to the timetable or cancellation of a departure due to force majeure, unforeseen circumstances or any other reason. Passengers must keep their ticket in order to be able to present it at any check. They undertake to respect the rules on board and to obey the captain's orders. No complaints will be accepted once the departure has taken place. The Owner reserves the right to cancel or modify services in the event of bad weather.
Applicable law
The general terms and conditions, and more generally the contract concluded between the passenger and ELEANOR MARY are subject to French law. Any dispute relating to their conclusion, execution, termination and/or interpretation shall be referred to the French courts.
