GENERAL RENTAL CONDITIONS CANOE MONTANA AGONES

Canoeing and kayaking in the gorges of the Hérault is strictly forbidden to anyone who cannot swim and to children under 6 years old. All participants must be able to swim at least 25 metres and be able to immerse themselves.

All children under 18 must be accompanied by a responsible adult. For groups of minors, one BEES instructor per 15 children is required.  

The rental price includes all the equipment necessary for the correct execution of the activity: canoe or kayak, paddle, container, life jacket and, depending on the weather, a neoprene suit, as well as transfer to the river and back to the starting point.

By booking a canoe or kayak rental, you agree to the terms and conditions here below.

Booking by internet, telephone or on our website implies the agreement of this rental contract by the person who booked, referred to as “the renter”.

GENERAL

Canoë Montana organises canoeing and kayaking in accordance with the safety guarantees as specified by the permanent and temporary prefectural orders in force.

In the event of bad weather or navigation conditions, Canoe Montana reserves the right to cancel any service and proceed to the refund of the client (see conditions of refund).

Payment is made at the time of booking or before the start of the rent. 

The return of the material and accessories or equipment to Canoë Montana will be at the expense of the renter who is responsible for the material in his possession during the rental . Therefore, a joint inventory will be made upon return between the two parties, i.e. between the renter and the lessor.

Any abandonment of material, accessories or rented equipment will be invoiced according to the real cost and repatriation.

Any equipment lost and not returned, will be invoiced according to the following non-return rate:

– paddle: 30 euros

– life jacket: 30 euros

– container: 30 euros

– kayak or canoe: up to the maximum value of the new equipment at the sale price without taxes.

EQUIPMENT

The material and equipment are in conformity with the regulations in force and must be well maintained.

The participants are individually equipped with a safety lifejacket, adapted to their morphology, meeting the conditions provided for in article 2 of the decree of May 4, 1995; they must wear the closed lifejacket anytime the canoe is on the water. The lifejackets are checked every year according to the PPE rules.

The equipment rented is intended for the sole use of the renter without the possibility of sub-renting or lending, even free of charge.

Mobile phones, cameras as well as any material or object that is sensitive to water must be protected by an adapted waterproof cover, the canister is just a container and is in no way a waterproof protection (the hirer does not guarantee the waterproofness of the containers lent, this being subject to the good closing by the users).

Canoë Montana declines all responsibility in case of damage, loss or theft of any material, apparatus or object carried by the renter.

APPLICATION AND PAYMENT TERMS

Damage to the canoe, kayak, accessories or equipment, whatever the cause, will give rise, in addition to the cost of the rent, to the payment of the cost of replacement and/or repair, up to a maximum of the value of the equipment when new.

The canoes and kayaks are under the responsibility of the renter. Canoe Montana will not be responsible for any damage or accident caused by the use of the canoes or by third parties.

The boats are not insured against theft, therefore, in case of non-return, the equipment will be invoiced according to the posted tariff to be paid on the spot.

INSURANCE

Canoë Montana has taken out an insurance policy covering its civil responsibility, that of its employees, the participants and third parties for damages for which Canoë Montana could be held responsible.

The renter must be covered by an individual civil liability insurance policy covering any damage he may cause.

USE OF THE RIVER

Canoeing and kayaking on the Hérault is largely carried out in a protected area, and users must respect the natural environment.

The renter undertakes to respect the fauna and flora and private lands.

The renter must check that the passage is free before entering the rapids and leave a safe distance between the boats.

In case of change of water level or particular weather and hydrological conditions, the hirer, the sole judge, may without prior notice refuse the rental of the Canoe Kayak under the sole condition of refund of payments already made.

ARTICLE 1 : General conditions

The rental company, namely Canoë Montana SAS, Monplaisir, 34190 AGONES (878 547 280 in the MONTPELLIER Trade and Companies Register), hereby declares that it is transferring custody of the equipment made available to the renter (the person for whom the equipment is reserved) who accepts the following, that : :

– The rental of the equipment is agreed for a course and a number of people per canoe specified in the rental contract.

– The use of the equipment rented must remain within the context of a calm river descent of class 1 or maximum 3.

The renter declares :

 – To maintain the equipment made available to him in good condition during the rental period so as to return it in the same condition as it was entrusted to him.

– To undertake to pay for any damage caused to the equipment in the case of misuse or abnormal deterioration, according to the price estimated by the rental company’s repair workshop.

– To be covered by a civil liability insurance.

– To undertake not to leave his canoe, life jackets, wetsuits, windbreakers, paddles and containers in the Gorges oh the Hérault and to pay for any lost or abandoned equipment as well as the costs of searching for the equipment.

The hirer declares that he is insured in this capacity against the consequences of civil liability under articles 1147 (contractual liability), 1382 (tort liability), 1386 and 1397 of the French Civil Code.

The rental company is not responsible for parked vehicles or objects entrusted to it. The lessor does not guarantee the watertightness of the containers loaned. Indeed, the watertightness of a container is subject to its proper closure by the users.

ARTICLE 2: Obligations of the co-contractors 

Obligations of the rental company: The rental company undertakes not to rent canoes to any minor under the age of 12 unless accompanied by an adult.

– When renting to a group of minors under supervision, the lessor may require each participant to be able to swim for 25 metres and to be able to immerse,

– To inform the renter of the obligations described precisely above.

– To remind the renter of the safety rules in case of capsizing, the difficulties on the course has been done before departure by a Canoe Montana receptionist and that these recommendations have been well understood by the whole group. 

Obligations of the renter: The renter undertakes for his person and possibly for all the participants he represents :

– That each person knows how to swim for 25 metres and is capable of immersing himself.

– That each person wears a life jacket and shoes with closed laces or closed straps during the whole period of navigation. Lifejackets must be wearing closed.

– To return all the equipment covered by this rental agreement to the lessor in its original condition.

– To have taken out a private civil liability contract valid on the day of the rental.

– Not to have any physical contraindication to the practice of the activity proposed by Canoë Montana.

– To have read the general conditions of rental provided by the owner, which describe, among other things, the difficulties and the regulations relating to the trail.

The renter forbids himself :

– Sailing with a child under 6 years of age or minimum age according to the regulations and administrative provisions specifically local.

– To abandon his nautical material and his waste on the course as well as to penetrate on the private properties bordering the trail whose access is prohibited.

– The renter commits himself to reimburse the rental company for the amount of the lost equipment or for any major deterioration according to the unit prices, posted in the Canoë Montana base. 

ARTICLE 3 : Special conditions 

Canoë Montana is not responsible for the conditions under which the renter uses its equipment. It informs the renter of the following special conditions relating to the use of the equipment, of which the renter acknowledges having been informed and which he undertakes to respect:

The use of the equipment by children under 12 years of age may only be accompanied by an adult or an instructor.

The renter must be aware of his technical and physical capacities to carry out the planned trips. Indeed Canoe Montana draws the attention of the renter to the extent of the real physical effort that certain trails represent.

The use of a canoe-kayak implies a certain mastery of navigation. Canoe Montana reserves the right to refuse any client to go on a trip if it deems that he/she is unable to complete the trail.

Renters travelling on non-provided or private trails will do so at their own risk and will not be covered by Canoe Montana’s insurance and, consequently, will be considered as the only ones responsible for their actions.

It is forbidden to leave anything in the Gorges of the Hérault. It is the responsibility of the renter to keep all types of waste and to dispose of them in the appropriate containers in accordance with the regulations in force on waste sorting.

ARTICLE 4: Special conditions relating to the group rental of water sports equipment

In the case of rental for group practice, the obligations contained in the present contract are only opposable to the signatory. The renter undertakes to inform the members of the group of the obligations contained in the contract.

ARTICLE 5: General conditions for the provision of additional services

5-1 The renter will transport the equipment and the persons under the conditions indicated in the contract.

5-2 The supply of cartographic documents concerning possible nautical trips is indicative. This provision does not exempt the renter from the obligation to inform himself about possible regulations, as well as about the difficulties that may arise on the trails that he plans to take.

5-3 The renter declares that he is aware that he may be photographed by a company independent of Canoë Montana during his trip in the Gorges of the Hérault. The renter hereby authorizes Canoe Montana to fix, reproduce and represent his image for promotional purposes for the sole purpose of Canoe Montana, on any digital or non-digital media, in unlimited number, for a worldwide use and for a period of 5 years from the conclusion of this contract.

ARTICLE 6 : Booking – Cancellation

Only reservations or cancellations confirmed by post, e-mail or telephone until the day before the day, before 6.00 p.m., can be taken into account by Canoë Montana.

The renter can also, under the condition of having informed the owner by post, e-mail or telephone received at least the day before, the scheduled rental day, before 6.00 pm, postpone the rental date (subject to availability) or ask for a credit note of the same amount, valid for 2 years.

For all late bookings made by telephone and without a deposit, the equipment will not be immobilised beyond the agreed time.

For groups, the reservation becomes effective upon receipt by Canoë Montana of a deposit by cheque, cash or credit card.

In case of bad weather or other events that could hinder Canoe Montana’s activity, Canoë Montana reserves the right to cancel and propose a postponement of the reservation, which can be considered subject to availability during the current season or propose a credit note, valid for 2 years.

Payment of the full amount of the service must be made at the latest at the time of boarding.

The booking of equipment with Canoë Montana implies that you are aware of the general rental conditions above and that you accept all the clauses without reserve.

ARTICLE 7: Disputes

In the event of difficulties or disputes between the parties concerning the interpretation, execution or termination of the present contract, the parties agree to seek an amicable solution.

In the event of persistent disagreement, any dispute or difference that may arise between the parties in connection with its interpretation or execution will be referred to the Commercial Court of Montpellier, or to the jurisdiction of the place where the customer lived at the time of the conclusion of the contract, which will apply French law.

ARTICLE 8 – CLAUSE OF RESPECT OF OPENING HOURS

The renter must respect the meeting time according to the chosen trail. 

In the event of non-compliance with these times, the rental company reserves the right to modify or cancel the initial service.

ARTICLE 9 – COMPLAINTS HANDLING

For any complaint, the renter can contact Canoë Montana :

– by email at the following address : contact@canoe-montana.com

– by post : Canoë Montana SAS – R.D. 108 – 34190 Agonès – France

However, in order for the claim to be taken into account, the renter must enclose a copy of the invoice which will be sent automatically to the e-mail address given at the time of booking. Canoë Montana undertakes to reply to the renter within 30 days.

ARTICLE 10 – PROTECTION OF PERSONAL DATA

In accordance with the provisions of the French Data Protection Act of 6 January 1978, amended by the Act of 6 August 2004 and extended by the European General Data Protection Regulation of 25 May 2018 relating to the protection of individuals with regard to the processing of personal data, the renter has a right of access allowing him/her to rectify or object to the personal data collected by the lessor concerning him/her. The renter is also assured that his data is collected in accordance with the law and is not transferred to third parties.  

The renter may at any time exercise his right to his image as indicated in paragraph 5-3 of the present conditions and refuse the transfer of his image upon simple request to Canoe Montana.

The non-application of one or more clauses of this contract does not entail the nullity of the other clauses.  

The French version of these conditions is the only valid one in case of dispute.

Version 2021.1 of Canoe Montana’s general rental conditions. 01/05/2021