Legal notice

SARL Lo'Kayak
07.83.80.87.37/ lokayakcassis@gmail.com
Siège social: 18 rue Lavoisier 13470 Carnoux-en-Provence
Capital: 600 euros
Siren: 812 016 467
Siret: 81201646700019
Tva Intracomunautaire: FR46812016467

Terms and conditions: Kayak hiring at Lo'Kayak

 

Article 1: General

 

The company Lo'Kayak organises the practice of kayaking, respecting all security measures described in the permanent and temporary bylaws.

By signing the following contractual agreement, the rentee approves and acknowledges the rental kayak terms and conditions at Lo'Kayak.

 

Article 2: Renter obligations

 

The renter agrees to the following:

  • No rentees are under the age of 6 years old
  • Children under the age of 12 must be accompanied by an adult or by a person above the age of 16 who holds a parental authorisation valid for both the 16 and 12 year old.
  • children under the age of 16 must have parental agreement
  • provide adapted equipment (including life jackets according to size) and in good condition
  • provide instructions on how to use the equipment
  • inform all participants of the difficulty and physical efforts required to complete the itinerary
  • instruct rentee on the itinerary to follow and respect including all particularities according to weather conditions on the day.
  • inform the rentee to respect all wildlife and private properties, to not leave any litter or damage the environment at all times.
  • inform the rentee on the Parc National des Calanques rules and regulations, including its access (colour codings red/black).
  • ensure rentees all have personal insurance
  • Inform rentee on the terms and conditions described in Article 3

 

Article 3: Rentee’s obligations

 

  • The rentee consents to all terms and conditions for herself/himself and on behalf of all other participants he/she is representing:
  • All participants must know how to swim at least 25 meters and be able to swim with their head under water.
  • All participants are in fit physical condition with no contra-indications to practice this activity.
  • All participants must wear their life jackets at all times whilst out at sea on the kayak, and musn't swap life jackets with others.
  • All participants are to wear closed shoes whilst rowing.
  • All participants musn't abandon their kayak, life jacket or paddles.
  • Return all equipment in the same condition as it was at the start of hiring.
  • Stay within the navigation area instructed by the renter, which will vary according to weather conditions on the day and zones to respect at the start.
  • Not to paddle under the influence of drug or alcohol during the time of hire.
  • Take into account the weather conditions and forecast on the day and all instructions to follow on the day according to these.
  • In case of any problem (minor or major) inform adequate services (Ambulance, Cross, Lo'Kayak...)
  • Respect all wildlife as well as rules and regulations stated by the Parc National des Calanques including the prohibition of smoking.

 

  • The rentee is forbidden to:
  • Paddle with a child under the age of 6 years old, paddle whilst being pregnant or have a pregnant woman within the group.
  • Paddle outside the 300 meter zone.
  • Abandon any equipment during at any time or enter private proprety.

 

  • The rentee accepts that:
  • Failure to respect and follow instructions, rules and regulations stated in this contract or mentioned in the briefing, can cause immediate cancellation of a booking without any refund.
  • Pay the renter a fee for interventions that are not justified as serious: medical emergency, servere state of exhaustion, difficult navigating conditions and/or loss of equipment at sea, at 50 Euros surcharge.
  • In cases where the maximum rental time has been exceeded, the rentee will have to pay a charge of 20 Euros per hour exceeded.
  • The photos in which they figure may be used for professional use only
  • Refund the renter for any lost or damaged equipment hired.
 

One/ Two seater kayak

3 seater Kayak

Life jacket

Paddle

Baril

Backrest

400 euros

500 euros

40 euros

30 euros

30 euros

30 euros

 

  • Leave an ID card as deposit
  • In cases of extreme / bad weather conditions, which the renter is the only one who can establish this, the renter reserves the right to cancel any booking and refund the booking to the account used.

 

Article 4: Responsabilities

 

  • Art. 1242. – One is liable not only for the harm which one causes by one’s own action, but also for that which is caused by the action of persons for whom one is responsible, or of things which one has in one’s keeping.
  • According to articles 1241 and 1242 of the civil code, the rentee will be

accountable and held responsible for any physical injury or material damage occured to third party and/or to any goods resulting from the use of the rented kayaks which one acknowledges having custody of, from the moment it is rented until it is returned.

Besides, under no circumstances will the company Lo´Kayak be held responsible or accountable for any damage incurred by the rentee caused by a third party or by his/hers own use in the course of rental.

The rentee will have to be insured and commits to contacting his/hers insurance company for any damage caused by third party or any goods resulting from the rented kayak. By signing this rental agreement, the rentee acknowledges and is aware of all risks associated with rental kayak excursions.

In case of Force Majeure, all accidents will have to be declared as soon as possible, and within 24 hours.

The renter´s responsibilities:

He who’s activity is only limited to rental and selling sporting goods is not a sports facility operator. Obligations set by the sport code are not applicable to him/her. The obligation doesn’t extend beyond supplying adequate and decent quality equipment adapted to their clientele.

It is the renter’s responsibility to provide the rentee with quality and adequate equipment for the purpose of use, in which case the latter can engage in taking responsibility.           

 However, the manufacturer is fully accountable for any damage caused by manufacturing defect, whether or not he is binded with the victim by a contractual agreement « if the manufacturer cannot be identified, the seller, the renter or any other professional supplier will be held responsible for equipment defects in the same way as the manufacturer would be. »

It is the rentrer’s duty to take into account the weather conditions at any given time to authorise or not the kayak rental.

  • Article A 322-45 from the sports code, states that:

If the weather and hydrological conditions are likely to put an individual’s life at risk, the activity manager will adapt or cancel the activity planned.

However, the renter cannot be held accountable in cases of unpredictable and sudden changes in weather and the rentee takes responsibility of renting a kayak at his/her own risk once informed of all potential risks and dangers.

Likewise, if the renter has to inform its customers of any difficulties which he is aware of concerning the itinerary, he cannot be expected or held responsible for carrying out permanent checks for unexpected obstacles present.

As a whole, apart from providing equipment, the renter’s only duty is based around safety measures and not on outcome. The exception of one accident is not enough to justify his responsibility.

Contact-us by mail

lokayakcassis@gmail.com

Book by phone

07 83 80 87 37