Terms and Conditions of Use

Legal Notice

The www.nauticmanager.com platform is published by LACANI, a French simplified joint-stock company (SAS) whose registered office is located at 223 Avenue Emile Counord, 33300 BORDEAUX. It is registered with the BORDEAUX Trade and Companies Register under number 799 758 412 and with ORIAS under number 16001576 as an insurance agent. The Website has been declared to the CNIL under number 1744290. LACANI's intra-community VAT number is FR 36 799 758 412.

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General Terms and Conditions for the Booking, Sale, and Use of a Pleasure Boat

Preamble: parties involved and contractual documents

Purpose
Privacy policy, GDPR, and data collection
Presentation of the boats on the Site
The booking
Booking pricing terms
Payment
Right of withdrawal
Performance of the booking
Miscellaneous provisions
Dispute resolution
General terms and conditions of Adyen payment services

Preamble

The website https://v2.nauticmanager.com/ruban-vert-nantes is a pleasure boat booking platform published by the company Nautic Manager, as described in the "Legal Notice" document available on the Site. These general terms and conditions for booking a pleasure boat with RUBAN VERT (Nantes) (hereinafter "these T&Cs") are entered into between Nautic Manager, on the one hand, and the Users of the booking platform, on the other.

Users are considered to be Renters and Boaters. The Renter is the professional pleasure boat rental provider, whose contact details are indicated on the rental contract for the boat booked by the Boater.

The Boater refers to the person who has identified themselves and wishes to book a boat presented on the Site.

The Boater, as a consumer or non-professional, has specific rights in this respect, particularly those detailed in the French Consumer Code. The Boater acknowledges that these rights will be called into question if bookings are made, via the Site, on a professional basis.

The Boater, as a natural person, declares that they are at least 18 years of age and have the legal capacity, or hold parental authorization, allowing them to make a booking on the Site.

These T&Cs are supplemented by one or more implementing contracts, namely the rental contract(s) entered into between the Renter and the Boater.

The Legal Notice as well as the pricing terms available on the Site also apply to the T&Cs and to the rental contracts entered into via the Site.

All of these contractual documents are enforceable against the Boater, the Renter, and Nautic Manager.

These T&Cs come into force as of 20 September 2024.

They may be amended by Nautic Manager at any time to incorporate, on the one hand, any legislative or case-law changes applicable to e-commerce and, on the other hand, any technical or technological developments improving the Site.

1. Purpose

The purpose of these T&Cs is to establish the terms under which any booking — the conclusion of a rental contract — of one or more boats presented on the Site by the Renter and defined in Article 2 below (hereinafter "the Boat(s)") is carried out.

Internet users who are not residents of France and who wish to place an order via the Site must check whether the law applicable to them authorizes them to carry out this type of transaction. The existence of the Site cannot be qualified as an act of solicitation, but as a contract concluded at a distance.

Generally speaking, Nautic Manager and the Users expressly accept the possibility of exchanging information by e-mail.

2. Privacy policy, GDPR, and data collection

This data privacy policy describes how we collect, use, and process information about you, including personal information, in connection with your access to and use of the Nautic Manager and Digital-Nautic platforms and the Payment Services.

2.1 What we collect

We collect two categories of information: the information you provide to us and the information automatically collected from the use of our services.

Information you provide to us

Order information.

When you place an order on the platform and in order to draw up the rental contract, we need your title, first name, last name, date of birth, phone number, and your postal and e-mail address. When renting boats requiring a license, we may need your boating license number and the issuing country and/or State, as well as your identity document number and the issuing country and/or State. None of this information is public.

Payment information.

The payment portion is handled entirely by Adyen and Crédit Mutuel. No bank card number is stored by us for security reasons.

Information automatically collected from the use of our services

Usage data.

We collect information about interactions with the platform, such as the pages or other content viewed, searches, bookings made, and notifications received (by e-mail or SMS).

Log data.

We automatically collect connection information when the platform is used, even in the case of users who are not logged in or who have not created an account. This information includes, in particular: details about the use of the platform, the IP address, the session duration, the frequency of visits, information about the hardware and software used to access the platform (device, browser type, etc.), information about browsing events (for example, an unexpected shutdown of the mobile application), and the page viewed or used before or after the platform. This information is anonymized after 3 months.

Cookies and similar technologies.

When you access our platform, Digital-Nautic / Nautic Manager (and partner companies) may place small data files on the computer or other device used by the user. These data files may be cookies, transparent gifs, invisible pixels, e-tags, "Flash cookies," or any other local storage provided by the browser or associated applications (referred to here as "Cookies").

2.2 How we use what we collect

We use, store, and process this information to provide and improve our services and to ensure a secure, safe, and reliable experience.

For example, we may use this information to:

Provide and improve our services

send you service, support, and administration messages, reminders, technical notifications, updates, security alerts, and information. We use SMS and e-mails for this purpose;
enable the processing of transactions and send notifications about these transactions;
improve our services, in particular by personalizing your user experience;
measure the performance of our services and improve the content and layout.

Ensure a secure, safe, and reliable experience

authenticate the information provided by our users, including during account creation and password reset processes;
collect fees and resolve problems;
detect, prevent, and/or correct fraud, abuse, security incidents, or other potentially harmful, prohibited, or illegal activities;
detect, prevent, or correct breaches and enforce our terms and policies;
manage and protect our technical infrastructure;
carry out risk assessments;
comply with our legal obligations, resolve any dispute we may have with any of our members, and enforce our agreements; in this respect, we may do all or part of the foregoing with or without further notifying our users, where applicable law permits.

Provide, personalize, evaluate, and improve our advertising and the marketing of our services

send you promotional messages, commercial, advertising, and other information that may be of interest to you based on your preferences;
personalize, evaluate, and improve our advertising;
manage referral programs, rewards, surveys, sweepstakes, contests, or other promotional activities or events;
carry out profiling of your characteristics and preferences (based on the information you provide to us, your interactions with the Digital-Nautic (https://v2.nauticmanager.com/ruban-vert-nantes) / Nautic Manager platform, information obtained from third parties, as well as your search and booking history) in order to send you promotional messages, commercial, advertising, and other information that we believe may be of interest to you.

2.3 Data retention

We retain the information collected for as long as is reasonably necessary and relevant to our operations, in particular to substantiate customer orders to the tax authorities (10-year retention). We automatically close our customers' accounts and delete their personal data after 10 years of inactivity. In the event of a request from you to close your account, the data is deleted, as specified in the "Your rights" section below.

2.4 Disclosure

Profiles and information relating to rentals are reserved for the exclusive use of Nautic Manager and the professional renter using them for its contracts. Nautic Manager does not share any of its customers' data with third-party marketing partners. In order to facilitate bookings, we share the information necessary for the performance of the service, including personal information (last name, first name, contact details, license number, registration plate, vehicle address), with professionals.

Nautic Manager may share information with suppliers and service providers engaged by or working with us in connection with payment processing, the operation of our services, and customer support functions, and who need access to this information to perform their work. In some cases, the service provider may collect the information directly from users on behalf of Nautic Manager. These service providers may be located inside or outside the users' country of residence, including outside the EEA.

By way of example, service providers may help us to: (i) verify your identity or authenticate your identity documents, (ii) check information against public databases, (iii) perform background or police checks, implement fraud prevention and risk assessment, (iv) provide customer service, advertising, or payment services. These service providers have limited access to your information in the course of performing these tasks on our behalf and have a contractual obligation to protect it and to use it only for the purposes for which it was disclosed, in accordance with this Personal Data Protection Charter.

2.6 Your rights

As a user, you may exercise the following rights attached to your personal data.

Right of access
Right of rectification
Right to erasure (right to be forgotten)
Right to restriction of processing
Right to data portability
Right to object

To exercise any of these rights, you may write to contact@nauticmanager.com. We will respond as soon as possible. You also have the option of lodging a complaint with the French Data Protection Authority (CNIL).

In certain cases, Nautic Manager may erase your data by deleting your account, but may be unable to immediately delete certain information due to the need to comply with applicable laws, to detect or prevent fraud, to collect fees due, to resolve disputes, to handle complaints, to troubleshoot problems, to assist with any investigation, to comply with audits and investigations, or to enforce our Terms of Use and Policies.

Telephone solicitation

In accordance with Article L. 223-2 of the French Consumer Code, we inform you that if your telephone contact details are collected when you place your order, you have the right to register on the "Bloctel" telephone solicitation opt-out list, available on the website: https://www.bloctel.gouv.fr/.

2.7 Security

All documents containing personal or financial information are considered our property and receive confidential treatment at all times. We work hard to protect this personal or financial information against unauthorized access, use, modification, or destruction. All such electronic information is stored on restricted-access database servers and is generally retained until you ask us to modify or delete it, as described below. We disclose this information to our employees, subcontractors, or affiliated companies only when a) they need to know this information in order to provide Nautic Manager's services, and b) they have undertaken not to disclose it to others.

All interactions with our Services use the TLS/SSL (Transport Layer Security / Secure Sockets Layer) protocol. We use a recognized third-party payment gateway to securely process credit card transactions.

If we merge with or are acquired by another company, we may share information with it in accordance with our privacy standards and applicable law.

2.8 Sensitive information

We ask that you not send us, and not disclose, any sensitive information unless specifically requested (social security numbers, information about racial or ethnic origin, political opinions, religion, trade union or other membership, beliefs, health, biometrics, or genetic characteristics).

Children's privacy

Our websites and mobile applications are general-audience sites, and our services are not intended for persons under the age of 18. We do not knowingly collect information from users under the age of 18. If a child has already provided us with information, their parents or guardian may contact us in order to delete this information or close an account.

This privacy policy concerns only the use and disclosure of the information collected by Nautic Manager. This privacy policy does not address, and we are not responsible for, the privacy, information, or other practices of third parties, including any third party operating a site or service to which the services are linked. The inclusion of a link on our services does not imply endorsement of the linked site or service by us or our affiliates. If you disclose your information to others or if you are directed to a third-party website, their privacy notices and practices will apply.

2.9 Changes to this policy

We may need to change this privacy policy. Please refer to the "last revised" date at the top of this page to see when this privacy policy was last revised. Any change to this privacy policy will take effect when we publish the revised privacy policy. Your use of the services following these changes means that you accept the revised privacy policy. If you do not agree with these changes, you may contact Nautic Manager customer service to close your account. You will then be bound only by the previous version of the privacy policy.

2.10 Contact

For any question concerning personal data, you may contact us at the following address: for the attention of Nautic Manager, 223 Avenue Emile Counord, 33300 Bordeaux, or use contact@nauticmanager.com.

3. Presentation of the boats on the Site

3.1

The Boats presented on the Site are described by the Renter. The Renter undertakes to describe precisely the technical characteristics and equipment of the Boat. The Renter also undertakes to keep all of this information up to date.

3.2

As part of a service that merely puts parties in contact, Nautic Manager cannot be held liable in this respect. In the event of false or misleading information about the characteristics of the Boats, Nautic Manager will remove from the Site, as soon as it becomes aware of it, any reference to the Renter concerned and to its Boats.

3.3

The Boat presented may sometimes prove to be slightly different from its presentation on the Site. The differences may result from the color quality of the photographs, the difficulty of rendering textures on screen, or, without being exhaustive, technical adaptation. These differences may not be interpreted as defects of conformity and may not lead to the cancellation of the booking, except in cases where the differences relate to an essential characteristic of the Boat or to an advertised piece of equipment.

3.4

Any unavailability of a Boat must be immediately reported by the Renter to Nautic Manager.

4. The booking

The Boater makes the booking of the Boat solely via the Site using the schedule made available to them. Bookings submitted by any other means — e-mail, post, fax — will not be processed.

4.1 Processing of the booking made via the Site

The rental contract is validly formed when, having entered their identity (title, last name, first name, date of birth) and their contact details (address and phone number), the Boater has chosen the Boat and the rental period (1st click), has been able to read and accept the rental contract, has accepted the general terms and conditions of sale, has verified the content of their booking, has corrected any errors, has made the payment (payment of the first portion of the amount or full payment), and has confirmed it with a second click, in accordance with the provisions of Articles 1369-1 to 1369-6 of the French Civil Code.

The double-click procedure constitutes consent on the part of the Boater to the rental contract and gives rise to the payability of the sums due in respect of the booking of the Boat by the Renter for the benefit of the Boater. In accordance with Article L. 121-19-3 of the French Consumer Code, any order confirmed by the second click gives rise to an obligation to pay.

It is recalled that the provisions of these T&Cs apply to the rental contract.

An e-mail with the T&Cs will be sent to the Boater's e-mail address in order to confirm the conclusion of the contract on a durable medium and thus to include all the elements that were the subject of the general information obligation.

The Boater is strongly advised to keep this acknowledgment-of-receipt e-mail, which specifies in particular the rental number.

Nautic Manager immediately sends the Renter the specific provisions of the rental contract (type of Boat booked, equipment, and booking period).

4.2 Proof of the transaction

The computerized records, kept in Nautic Manager's computer systems under reasonable security conditions, will be considered as proof of the communications, orders, and payments made between the parties.

The archiving of booking confirmations and invoices is carried out on a reliable and durable medium that can be produced as evidence, which the Boater expressly acknowledges.

4.3 Prevention and management of unpaid amounts

Furthermore, in order to prevent unpaid amounts, LACANI has put in place a system that may lead to requesting additional information from the Customer at the time of payment or to suspending an order.

5. Booking pricing terms

The prices indicated on the Site are in euros (€), inclusive of all taxes. The VAT rate applied is the legal French rate in force. In the event of a change in the French VAT rate, the adjustment of the tax-inclusive prices will be immediate, without prior notice.

Nautic Manager or the Renter may change the booking prices of any of the Boats presented on the Site, at any time. However, the changes will not apply to bookings once the contract has been validly formed (Article 3-1).

6. Payment

6.1

Users are expressly informed and accept that all payments made on the Site are handled by the company Adyen N.V., a company authorized as a payment institution, whose registered office is located at Simon Carmiggeltstraat 6-50, 1011 DJ Amsterdam, Netherlands (hereinafter "Adyen").

Boaters contract directly with Adyen with regard to the implementation of these payments, by accepting Adyen's general terms and conditions applicable to payment services. In the event of a conflict between Adyen's general terms and conditions and these T&Cs, the latter shall prevail.

Boaters expressly authorize Nautic Manager to transmit to Adyen, in their name and on their behalf, the instructions necessary for payment.

6.2

The Boater may pay in several installments, as they choose on the Site. The rental contract is concluded as soon as the first portion of the price is paid. Full payment must be made at least one week before the scheduled rental date. After this deadline, the booking lapses and the first payments are retained by the Renter as a penalty clause, except in cases of force majeure duly demonstrated by the Boater.

6.3

Payment is made exclusively by bank card at the time of validation of the booking.

The Boater guarantees to Nautic Manager that they have the necessary authorizations to use the payment method when validating the booking. Nautic Manager reserves the right to suspend any booking management and any provision in the event of a refusal of bank card payment authorization by the officially accredited bodies, or in the event of non-payment.

6.4

Nautic Manager reserves the right to refuse to honor a booking from a Boater who has not paid, in full or in part, a previous order, or with whom a payment dispute is being processed.

Nautic Manager may implement a booking verification procedure designed to ensure that no one is using another person's bank details without their knowledge, or a third party's identity. As part of this verification, the Boater may be asked to send Nautic Manager, by e-mail to contact@nauticmanager.com, a copy of both sides of an identity document and/or a copy of the bank card used for payment (a copy of both sides, taking care to show only the first 4 and last 2 digits of the number on the front, and masking the security code and the full card number that may appear embossed on the back of the card), as well as proof of address.

The booking will only be validated after receipt and verification of the documents sent. Nevertheless, Nautic Manager cannot be held liable by the Renter in the event of identity theft on the part of the Boater, unless it can be demonstrated that the details provided are completely and obviously fictitious.

7. Right of withdrawal

No right of withdrawal

Pursuant to Article L. 221-28, 12° of the French Consumer Code, the right of withdrawal cannot be exercised for contracts for the provision of leisure activity services that must be provided on a specific date or during a specific period. Consequently, the Customer has no right of withdrawal after the validation of their boat booking.

8. Performance of the booking

8.4

Upon the Boater's booking and the payment duly received by Nautic Manager, the Renter has undertaken to rent out the Boat described in the booking. Nautic Manager, offering only services that put parties in contact, cannot be held liable in the event of the unavailability of the booked Boat.

8.5 Management of unavailability cases

8.5.1 – In the event of impossibility, for reasons of damage or bad weather, to respect the booking day or the type of Boat booked, please refer to the renter's general rental terms and conditions located on the back of the contract.

8.5.2 – In the event of impossibility to respect the type of Boat booked, except in the case of damage that appeared between the booking date and the rental date, please refer to the renter's general rental terms and conditions located on the back of the contract.

8.5.3 – In the event of a double booking on the same Boat, please refer to the renter's general rental terms and conditions located on the back of the contract.

8.6

In the event of the Boater's absence on the day and time of the booking, no refund will be accepted, unless otherwise stated in the renter's general rental terms and conditions.

9. Miscellaneous provisions

If any of the provisions of these T&Cs is null and void, it will be deemed unwritten, but will not render the entire set of contractual provisions null and void. Any tolerance or waiver by one of the Parties in the application of all or part of the commitments made under these T&Cs, whatever their frequency and duration, may not be deemed to modify the T&Cs, nor generate any right whatsoever. In the event of a translation of the T&Cs into a foreign language, only the French version of the text shall prevail.

10. Dispute resolution

In accordance with Articles L. 616-1 and R. 616-1 of the French Consumer Code, our company has set up a consumer mediation system. The chosen mediation entity is: CM2C. In the event of a dispute, you may submit your complaint on its website: https://www.cm2c.net/declarer-un-litige.php, or by post by writing to: CM2C, 49 rue de Ponthieu, 75008 Paris.

In accordance with Article 14 of Regulation (EU) No. 524/2013, the European Commission has set up an online dispute resolution platform, facilitating the independent, out-of-court resolution of online disputes between consumers and professionals in the European Union. This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/

These T&Cs are governed by French law. In the event of a dispute, the Customer may opt for conventional mediation or any other alternative method of dispute resolution. Any dispute will be submitted to the competent court of the place of the defendant's domicile or, at the defendant's choice, of the place where the Boat is taken over. Nevertheless, in the case of a professional Boater, the Commercial Court of Nantes shall have exclusive jurisdiction.

11. Payments – Adyen secure payment service

Information notice to Payment Users

The purpose of this information notice is to clarify the role of Adyen N.V. (Adyen) in the provision of payment services (Adyen Services) to users of the Site who have subscribed to the Adyen Services (Payment Users).

This notice must be read together with the Adyen for Platforms Terms and Conditions (Adyen T&Cs) that Payment Users accept when using the Adyen Services via the Site.

Adyen N.V. is an authorized credit institution offering the Adyen Services to Payment Users on a cross-border basis, from the Netherlands. As an authorized credit institution, Adyen must comply with anti-money laundering, anti-terrorism, and sanctions regulations (AML laws) that require Adyen to perform Know Your Customer (KYC) checks on Payment Users. The KYC checks performed by Adyen are separate from and independent of the checks that would be carried out for the use of the Site for the provision of the services, in accordance with the general terms and conditions of use of the services.

11.1 Available payment methods

The Customer may pay for their order using the following methods:

By the following bank cards: Visa, Visa Electron, Maestro, Mastercard, and Paypal for all the countries indicated in Article 3.2, and American Express excluding Switzerland, the French Overseas Departments and Territories, and the rest of the world.

The transactions carried out on the Site are entrusted to a secure online payment platform:

ADYEN, a company registered in the Netherlands under number 34259528, whose registered office is located at Simon Carmiggeltstraat 6-50, 1011 DJ, Amsterdam, Netherlands. Email: support@adyen.com.

The Customer's bank card payment data (namely: card number, expiry date, and the visual security code on the back of the card) will be encrypted by the provider, which transmits this payment data to the bank in complete confidentiality, making it inaccessible to any third party.

The Customer has the option, if they accept, of saving their bank details to their account, which remain encrypted and inaccessible.

Each time one of the pre-registered cards is used, the Customer must re-enter their account password and complete the security code. The pre-registered card will only be offered if the same delivery address is used by the Customer for any subsequent order. The Customer has the option of deleting pre-registered bank cards in the "My bank cards" section of their Personal Area, or of adding other bank cards on the payment page during their purchase.

By Apple Pay and Google Pay, for eligible devices only.

By clicking on "Validate and pay," the Customer confirms either that the credit card belongs to them or that they are the legitimate holder of the gift card, the Visa Printemps card, or the voucher.