Legal document

Terms & Conditions
of Sale

Season 2026
16 sections
KapMer, Argelès-sur-Mer
Company
KapMer
Résidence Atalaya — Port Argelès
66700 Argelès-sur-Mer

Purpose
The Terms and Conditions of Sale below govern all bookings made via our online platform.
Legal form
S.A.S.U
SIRET
847 749 876 00011
VAT no.
FR44847749876
NAF code
5010Z
01 📋

Purpose

These general terms and conditions define the rights and obligations of the parties in the context of remote booking of services offered by our establishment, whose details are specified in this booking confirmation document. They govern all the steps required for booking and follow-up between the contracting parties.

The customer acknowledges that they have read and accepted these general terms and conditions of sale and the terms of sale of the chosen fare accessible on our booking platform. These general terms and conditions of sale apply to all bookings concluded online via our booking platform.

02 🎟

Booking

The customer chooses the services presented on our booking platform. They acknowledge having read the nature, destination and booking terms of the available services and having sought and obtained the information needed to book in full knowledge of the facts. The customer is solely responsible for their choice of services and their suitability for their needs.

The booking is deemed accepted by the customer at the end of the booking process. Note that children must be accompanied by their parent(s), and free entry for children under 3 applies to one child per paying adult, maximum. Due to limited space on board, only "cane"-type strollers (small and foldable) are accepted.

The booking is strictly personal and nominative. It may not be transferred, even free of charge. The customer undertakes to provide truthful and verifiable information.

03 🖥

Booking process

Bookings made by the customer take place through our online booking platform. After the final selection of services to be booked, the procedure includes in particular the entry of bank card details where a guarantee or payment is required, the review and acceptance of these terms and conditions of sale prior to validation of the booking, and finally, the final validation by the customer.

04 ✉️

Acknowledgement of receipt of the booking

Our booking platform acknowledges receipt of the customer's booking by sending an email without delay. The acknowledgement summarises the contract offer, the services booked, the prices, the terms of sale applicable to the selected fare and accepted by the customer, the booking date, as well as the address of the establishment to which the customer can send complaints by mail.

05 ↩️

Cancellation or amendment by the customer

The customer is reminded that, in accordance with article L. 221-28 12° of the French Consumer Code, they do not have the right of withdrawal provided for in article L. 221-28 of the French Consumer Code. The terms of sale of the chosen fare specify the conditions for cancellation and/or amendment of the booking. Paid bookings cannot be amended or cancelled except in cases of force majeure.

06

Customer behaviour

On arrival, the customer may be asked to present proof of identity. Any behaviour contrary to good morals and public order will lead the establishment to ask the customer to leave the boat without any compensation and without refund if a payment has already been made.

The customer accepts and undertakes to comply with the on-board rules. If any provision of the on-board rules is not respected, the establishment will be obliged to invite the customer to leave the boat without any compensation and without refund if a payment has already been made.

07 ⚖️

Liability

The photographs presented on our booking platform are not contractual. Although every effort is made to give as accurate an overview as possible of the services offered, variations may occur between the time of booking and the day the service is delivered.

The establishment cannot be held liable for non-performance or improper performance of the booking in case of force majeure, the act of a third party, or the act of the customer — notably the unavailability of the internet network, the inability to access the website, an external intrusion, computer viruses, or in the event of payment not authorised by the cardholder's bank. Any irregular, ineffective, incomplete or fraudulent booking or payment attributable to the customer will result in the cancellation of the order at the customer's expense, without prejudice to any civil or criminal action.

08 📣

Complaints

Complaints regarding non-performance or improper performance of the booked services must, on pain of forfeiture, be brought to our attention in writing within eight days of the departure date from the establishment.

09 💶

Prices

The prices for the booking of services are indicated before and at the time of booking. They are confirmed to the customer as an inclusive amount, in the establishment's commercial currency, and are valid only for the period indicated on the booking platform. If the charge is made in a currency other than that confirmed in the booking, exchange fees are payable by the customer.

Unless otherwise stated, additional services are not included in the price. Taxes (local taxes, tourist tax, etc.) shown on the prices page are payable directly on site unless otherwise stated when booking. Prices take into account the VAT applicable on the day of the order, and any change in rate will be automatically reflected.

10 💳

Payment

The customer communicates their bank details by credit/debit card (Visa, Mastercard, American Express, Diners Club, etc.) via the Crédit Agricole secure E-Transaction. They must show the bank card used for the booking at boarding. The charge is made at the time of booking and is final.

In the event of a no-show (booking not cancelled — customer absent), the service already paid for cannot be refunded. If the service is cancelled by the establishment (programme change, weather conditions, technical issue, etc.), the customer will be refunded the full amount paid within 30 days.

11 🔒

Respect for privacy

The information collected is intended for the establishment, its entities, partners and service providers (in particular online payment). The customer authorises the disclosure of their personal data to third parties only insofar as is necessary for the performance of these general terms and conditions and in accordance with the customer Personal Data Protection Charter.

When paying online, the customer's bank details are transmitted to the establishment's bank. This transfer may take place in countries that do not have adequate protection within the meaning of the French Data Protection Act; however, the customer consents to this transfer, necessary for the performance of their booking.

12 ✍️

Proof agreement

Entering the required banking information, together with acceptance of these general terms and conditions, constitutes an electronic signature having the same value as a handwritten signature. The computerised records kept in the IT systems will be considered as proof of communications, orders and payments between the parties. The customer's IP address is recorded at the time of booking.

13 🌩

Force majeure

Force majeure means any event outside the control of the parties that is both unforeseeable and insurmountable, preventing either the customer or the establishment from performing all or part of the obligations under the contract. Cases of force majeure are those usually recognised by the case law of French courts.

Neither party may be held liable to the other for non-performance of its obligations resulting from a force majeure event. It is expressly agreed that force majeure suspends the parties' performance of their reciprocal obligations and that each party bears the cost of the resulting expenses.

14 🏛

Governing law

These Terms and Conditions of Sale are governed by the law of the country of the establishment without prejudice to any mandatory protective provisions of the consumer's country of residence that may apply.

15 📎

Entire agreement

These Terms and Conditions of Sale, the terms of sale of the chosen fare and the booking form together constitute the entire agreement between the parties. In the event of a conflict between these documents, the provisions of the booking form shall be the only ones applicable to the obligation in question.

These terms may be amended and/or supplemented at any time by the establishment. The new version will automatically apply to all customers as soon as it is published online.

16 🤝

Mediation

⚖️
After contacting our customer service and failing a satisfactory response within 60 days, the customer may, free of charge, refer the matter to the Tourism and Travel Mediator, whose details and referral procedure are available at: www.mtv.travel