1. Purpose of the contract
The present general conditions govern the legal relationship between you and Voile Evasion.
We do not offer package tours but we advise our customers in particular on the choice of the boat rental company (hereafter "external partner"). We therefore act as a pure intermediary between you and the external partner for the rental of a sailboat/catamaran, which may include possible ancillary services such as equipment rental, skipper, hostess, etc.
We can also advise you on quality service providers for the booking of flights and hotels, but in this context we do not act as an intermediary, the follow-up and invoicing being done directly via these service providers in compliance with their contracts and general conditions.
Each of the services, boat rental and other individual services, are therefore subject to the contracts and general conditions of the companies providing the services in question. The contracts are concluded directly between you and the company commissioned.
The price invoiced to you by Voile Evasion concerns only the boat hire and is passed on to the external partner, after deduction of our commission for the intermediation between you and him.
2. Services provided by external partners
Within the framework of the reservation of your sailboat or catamaran, you conclude the contract directly with an external partner recommended by Voile Evasion. It is therefore this contract and the general conditions of the external partner that apply to the reservation, the charter and any additional services.
3. Conclusion of the contract
The contract between you and Voile Evasion is deemed to be concluded by the unconditional acceptance of our offer in writing, email or telephone. From that moment, the rights and duties arising from these general conditions take effect both for you and for Voile Evasion. If you transmit your booking in writing, by e-mail, SMS, etc., or via our website, your registration will be expressly confirmed. Our brochure as well as our advertisements published on our websites and in other advertising media are non-binding offers.
4. Reservation for several participants
If you, as the person responsible for the booking, register other participants in the trip, you are responsible both for their contractual obligations (in particular the payment of the rental price, including any ancillary rental services) and for your commitments.
These general terms and conditions apply to all travel participants.
5. Communication of names
You are required to give your name and the names of the persons accompanying you as they appear on the identity papers (passport, etc.) for the crew list at the time of booking.
6. Services of Voile Evasion
Our services are described in our brochure, on our website and in the confirmation. Voile Evasion is not authorised to guarantee services other than those described in our own brochure, on our website or in other documents published by us.
The prices of our services are included in the offer we send you. The prices are generally indicated in euros. The prices valid at the time of booking (valid on the date of the start of the trip) are authoritative.
8. Booking and payments
The total amount of the booking must be paid by bank transfer to the Voile Evasion account located at UBS in Neuchâtel.
The sailboat or catamaran is definitively booked after the payment of the first deposit. This varies according to the external partners but is generally between 30% and 50% of the total amount. The balance must generally be paid 6 weeks before boarding.
If the deposit or the balance has not been paid within the time limit, we reserve the right, after the expiry of a short additional period, to inform you of the external partner's refusal of the services offered. In this case, the rental of the boat and any ancillary services will be considered cancelled and, in accordance with the contractual provisions of the external partner, you will be charged a cancellation fee.
In the case of short-term bookings, the full invoice amount must be paid on conclusion of the contract with the external partner.
9. Trip Cancellation
In case of modification, change of reservation or cancellation by you, please refer to the contractual conditions of the external partner.
10. Unpredictable events, cases of force majeure, strikes
If unforeseeable or unavoidable events, force majeure (e.g. natural disasters, epidemics, unrest), official measures or strikes significantly hinder or endanger the trip or make it impossible, the external partner may have to cancel the contract between you and the customer. Reimbursement is subject to its contractual terms and conditions.
Voile Evasion is not responsible for this cancellation nor does it reimburse the services offered by the external partner.
11. Liability for services of third parties
Voile Evasion declines all responsibility for the services offered by external partners. These are subject to the contractual conditions of the service providers concerned. We are not a contracting party and, in this case, you cannot invoke the present general conditions.
We also accept no liability for lack of rest, spoilt holidays, frustration damages, etc.
12. Data protection
In order to be able to draw up the contract correctly, we need various data about you and your companions (such as first and last name, date of birth, address, telephone number, etc.). Voile Evasion is subject to the Federal Data Protection Act, which obliges us to protect your data. These are saved in Switzerland.
Your data is also passed on to the external partner. As the latter is generally located abroad, data protection does not necessarily meet Swiss standards.
13. Applicable law and place of jurisdiction
All legal relations between you and Voile Evasion are subject to Swiss law. The exclusive place of jurisdiction is Neuchâtel.
The nullity of certain provisions of the contract does not entail the nullity of the whole contract.
The present provisions on choice of law and place of jurisdiction are valid subject to the provisions of applicable laws or international agreements that cannot be modified by contract.