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General Sales Conditions (GSC) CNR – Guided tours

Preamble
The present general sales conditions (GSC) are applicable, without restriction or reserve, to all orders of Tours made by a Client on the Internet Site lescircuitsdelenergie.fr, or remotely, under the conditions herein below subject to article 3, of CNR.

CNR can be reached by email at the following address for any questions regarding the orders made: lescircuitsdelenergie@cnr.tm.fr and by telephone on +33 (0)4 26 10 63 95.

The GSC take precedence over any conditions not expressly accepted by CNR.

The Client declares that they have read the present GSC and accepts them, by ticking the box provided for this purpose, before starting the online procedure to order a Tour. The validation of the Tour order by the Client implies unreserved acceptance of the present GSC.

These GSC may be subject to modifications on a later date; the version applicable to the Client’s order is that in force on the Site on the date of making the order.

The Client acknowledges that they have the capacity and/or rights and authorisations necessary to accept the present GSC and order Tours, in their own name on their own behalf and/or in the name of and on the behalf of the Visitors specified in their order.

ARTICLE 1.    Definitions

For the purposes of the present conditions, the terms and expressions identified with a capital letter have the following meaning, whether used in the singular or the plural.

“GSC” designates the present general sales conditions applicable to all orders of Tours made by the Client on the Internet Site or remotely.

“Consumer client” designates any physical person not acting in a professional capacity who makes an order on the Internet Site or remotely for one or more Tours, in their own name and on their own behalf and/or in the name of and on the behalf of the Visitors specified in their order.

“Non-consumer client” designates any legal person not acting in a professional capacity who makes an order on the Internet Site or remotely for one or more Tours, in their own name and on their own behalf and/or in the name of and on the behalf of the Visitors specified in their order.

“Client(s)” designate(s) all Consumer clients and Non consumer clients.

“CNR” designates  COMPAGNIE NATIONALE DU RHÔNE, a joint stock company with a paid up capital of €5,488,164 whose head office is located at 2 RUE ANDRÉ BONIN 69004 LYON, enrolled on the Trade Registry of Lyon under number 957 520 901 – Intracommunity VAT number FR59957520901.

“Party” or “Parties” designates CNR and/or the Client jointly or separately.

“Tour site” designates the industrial site of Bollène and the industrial site of Génissiat belonging to CNR and in which the latter organises Tours.

“Internet site” designates the internet site, and its associated software and database if any, used by CNR to facilitate making orders for Tours and accessible at the following address: www.lescircuitsdelenergie.fr.

“Tours” designates the guided tour services of the Tour Sites organised by CNR. The different guided tours offered by CNR are described in the appendix of the present GSC and on the Internet Site and/or on the sales brochures made available to the Client.

“Visitor” designates the physical person attending the Tour ordered by the Client.

ARTICLE 2.    Description of services

CNR organises and sells guided Tours of different Tour Sites.

The main characteristics of the Tours are presented in the appendices of the present GSC and also on the Internet Site and/or on the sales brochures made available to Clients.

The Client undertakes to read them before making any order. The Client alone is responsible for choosing and purchasing a Tour.

ARTICLE 3.    Contractual process

3.1. Order via the internet Site

If the Client wishes to order a Tour via the Internet Site, they must select the Tour and Tour Site they desire from the information sheet of said Tour as a function of the Tour calendar offered by the Tour Site.

The information relating to the Tours are presented in French and are subject to confirmation no later than the time of validation of the order by the Client.

For orders made on the Internet Site, the order is recorded when the Client accepts the present GSC by ticking the box provided for this purpose and confirms their order by “double clicking”.

The Client can check the details of their order, its full price and correct possible errors before confirming their acceptance. This confirmation implies full acceptance of all the present GSC (by ticking the box provided for this purpose) and constitutes proof of sale. It is therefore the Client’s responsibility to check that the order exactly matches their demand and immediately to make known any error.

The sale shall not be considered definitive until the confirmation of acceptance of the order by CNR is sent to the Client by email and after their full payment of the price for the Tour(s) ordered.

3.2. Telephone orders

Telephone orders are not possible except for Non consumer clients for groups of a minimum of fifteen (15) Visitors and a maximum of twenty (20) Visitors per group.

In this case, the Client can validly order a Tour, after having consulted the information relating to it on the Internet Site or in CNR’s sales brochures, by telephone.

In this case, CNR shall send a quote to the Client by email accompanied with the present GSC, giving all the information on the Tours chosen by the Client by telephone. The Tours will therefore be pre-reserved by CNR for the Client.

The Client must return the quote and the GSC to CNR with their signature preceded by the mention “Good for agreement”.

The sale shall not be considered definitive until the payment of the price corresponding to the Tours ordered by the Client. Therefore, the Tours shall be definitively reserved after the payment of the corresponding price has been received.

ARTICLE 4.    Prices – Financial conditions

4.1. The price of the Tour (per Visitor) is indicated in the Tour information sheet in appendix 1 of the present GSC and on the Internet Site and/or on the sales brochures made available to the Clients. The services included and excluded for the prices are expressly indicated.

The prices are given in €uros excluding tax and including tax.

The prices are firm and not revisable as indicated in the Tour information sheet in appendix 1 of the present GSC and on the Internet Site and/or on the sales brochures made available to the Clients.

Unless otherwise specified between the Parties, the Tours offered by CNR do not include expenses for transport to the Tour Site which must be paid by the Client.

The payment asked from the Client corresponds to the full amount due in return for the Tour multiplied by the number of Visitors chosen by the Client.

4.2. For all orders made to CNR via the Internet Site, the full price is payable when making said order.

For all orders made for Tours made to CNR by telephone, the full price is payable by the Client on its acceptance of the quote sent to them by CNR, before the date of the Tour.

The Client expressly acknowledges their obligation to pay when they make an order for Tours to CNR.

In the case of orders for Tours made on the Internet Site, all sums shall be paid by credit card on the Internet Site by the Client who shall enter the sixteen (16) numbers of their credit card, its expiry date and the security code on the back of the credit card. The following credit cards are accepted by CNR: VISA, Mastercard and Eurocard.

In conformity with article L.132-2 of the Monetary and Financial Code, the commitment to pay given to a credit card is irrevocable. By communicating their credit card information, the Client authorises CNR to debit the bank account linked to their credit card for the amount corresponding to the full price of their order.

Accordingly, the Client confirms that they are the holder of the credit card to be debited and that it is their name that features on the credit card.

In the case where the payment of the price is impossible notably due to the refusal of the Client’s bank to pay, the sale of the Tour shall be immediately cancelled by law and the order shall also be cancelled.

Confirmation of the order by entering a credit card number and the date of expiry corresponds to a mandate to pay the price featuring on the invoice that the payment server sends to the Client’s bank.

In the case of orders for tours made by telephone, the Client shall send the payment for their order by credit card on the Internet Site (under the conditions stipulated above in the present article), bank transfer or cheque, to the bank account or postal address featuring on the quote sent to the Client.

The Client is informed that the invoice for their order will be sent to them by email or by post, if the Client so requests.

ARTICLE 5.    Cancellation

Each Party can cancel, under the conditions stipulated in the present article, the Tour ordered by the Client, for any reason.

All cancellations of Tours must be notified to the other Party by telephone or by text message.

This notification must be sent no later than forty eight (48) hours before the date of the Tour, except in the case of force majeure.

If a Tour is cancelled, CNR shall reimburse all the sums paid by the Client.

By joint agreement, the Parties can decide to substitute the Tour by a value equivalent to the reimbursement of the sums paid by the Client.

However, the Client is informed, recognises and accepts that in the case of voluntary interruption of the Tour during its course at their own initiative, they shall not be entitled to any reimbursement or compensation.

ARTICLE 6.    Duration

The Tour shall take place and proceed at the place, on the date and at the time indicated in the email confirming the order for the Tour, in the case of an order for a Tour made on the Internet Site, or by way of a quote duly accepted and signed by the Client, in the case of an order for a Tour made by telephone.

ARTICLE 7.    Force majeure

7.1. CNR shall not be considered responsible or in error for any delay or non-performance following a case of force majeure. It is expressly considered that force majeure corresponds to the interpretation usually given to it by French legislation and jurisprudence.

7.2. Likewise, the Client cannot be considered liable if they fail to comply with their obligations due to an occurrence of force majeure, as interpreted above.

ARTICLE 8.    The Client’s obligations

8.1. Safety

The Client undertakes to strictly comply, throughout the duration of the Tour, with the recommendations of, and instructions given by, CNR and in particular by the guide in charge of the Tour.

The Client declares that they have knowledge of all the safety instructions featuring in Appendix 2 of the present GSC and accepts them, before starting the procedure to order a Tour online or remotely.

Confirmation of the order for the Tour by the Client represents their unrestricted and unreserved acceptance of the safety instructions given by CNR.

By virtue of this, the Client is informed that the written safety instructions are also available on the Internet Site. In addition, they shall be communicated to the Client by the guide in charge of the Tour, or by any other member of CNR’s personnel, before it takes place.

The guide in charge of the Tour shall also provide Clients with the safety equipment (helmets, bibs, etc.) required for participation in the Tour and which the Visitor undertakes to wear throughout the Tour.

The Client is perfectly informed, acknowledges and accepts that non-compliance with the safety instructions in the framework of participation in a Tour may justify them being refused or excluded from participation in the Tour. This refusal or exclusion, pronounced for safety reasons, shall not give rise to any reimbursement of the payment or compensation due to the consequences of said refusal or exclusion.

The Client shall abstain from any personal initiative in the framework of the Tours liable to jeopardise their safety, that of the other participants or that of the professionals who accompany them. In particular, the Client undertakes to follow the Tour circuits.

8.2. Visiting minors

The Client is informed, acknowledges and accepts that orders for the Tour cannot be made for Visiting minors under eight (8) years old.

In addition, all orders for a Tour for a minor must be made in conformity with the applicable legal provisions, notably with respect to the rules applicable to parental authority.

By virtue of this, the Client is informed that any Visiting minor must be accompanied, during the Tour, by a Visiting adult having the capacity and/or the rights and/or authorisations.

ARTICLE 9.    Withdrawal

The provisions of the present article apply only to the Consumer client:

The order for the Tour does not provide entitlement to withdraw, in conformity with the provisions of article L.221-28 of the Consumer Code.

The sale is concluded definitively as from the moment the order is made by the Client according to the conditions stipulated in the present GSC.

ARTICLE 10.  Personal data

Since the information that the Client communicates to CNR is essential for processing the orders, reservations and purchases of the Tours, the lack of such information will prevent the Client from ordering a Tour. The Client undertakes to provide CNR with sincere and true information concerning them.

By virtue of this, the Client is informed that the following information may be collected by CNR: name, first name, postal address, email address, telephone number, date of birth.

In conformity with the law on Data Protection and Freedom of Information of 6 January 1978, the processing of the Client’s personal data is subject to a declaration to the National Commission for Information Technology and Civil Liberties (CNIL). CNR respects the  private life of physical persons and strictly conforms to the laws in force on the protection of private life and civil liberties.

Therefore, the personal data transmitted by each Client, are intended exclusively for CNR’s services for the following purposes:

–        performing operations relating to the management of Clients with respect to orders, invoices, accounting;

–        performing operations relating to information and the promotion of CNR’s sites;

–        processing commercial statistics;

–        managing requests for access rights, correction and opposition, managing unpaid invoices and disputes;

–        managing the opinions expressed by persons  on products, services and content.

The personal data of Clients shall in no way be transmitted to third parties for advertising and promotional purposes without their prior agreement. Personal data shall not, whatever the case, be transferred outside the European Union.

These data are subject to computer processing  and are kept by CNR for a period not exceeding that required for the purposes for which they are collected and processed.

In application of the provisions of the Law on Data Protection and Freedom of Information, each User is entitled to oppose, gain access to, correct and delete the data concerning them. Each User can exercise this right online at any time by writing to CNR at the following postal address: CNR – 2, rue André Bonin – 69004 Lyon or the following email address: cnr.lyon@cnr.tm.fr.

If the Client so accepted, when making an order for a Tour, emails containing information (newsletter) may be sent to them. The Client can ask CNR to stop sending such emails at any time by clicking on the link provided for this purpose.

ARTICLE 11.  Intellectual property

The Client is only entitled to consult the Internet Site, brochures and any other documents, in particular advertising and sales documents originating from CNR.

All other intellectual property rights relating to the Internet Site and its content (software, images, videos, texts, logos, music, mock-ups, maps, etc.), brochures and to any other documents, in particular advertising and sales documents, originating from CNR, shall remain the exclusive property of CNR, its licensors and suppliers.

Any whole or partial reproduction of these elements without prior written authorisation from CNR is strictly forbidden and may be considered an act of forgery liable to penal sanction.

ARTICLE 12.  Pre-contractual information

The Client can consult information relating to the Tours offered by CNR in the present GSC and on the Internet Site and / or in the sales brochures made available to them.

The following provisions apply only to the Consumer Client:

The Client acknowledges that the present GSC were communicated to them legibly and understandably prior to them making an order, as well as all the information listed in articles L.111-1, L.111-2 and L. 221-5 of the Consumer Code, in particular the following information:

–        the essential characteristics of the Tours;

–        the price of the Tours and their associated costs;

–        the date on which the Tour will take place;

–        the information relating to the identity of CNR, its postal, telephone and email addresses and numbers, and its activities as mentioned in the present GSC;

–        the possibility of recourse to conventional  mediation in the case of dispute;

–        accepted means of payment.

ARTICLE 13.  Tolerance – Modification

Any tolerance of one of the Parties relating to the non-performance or the incorrect performance by the other Party of one of the provisions of the present GSC, in no way, and no matter the duration of such tolerance, leads to any rights whatsoever for the Party concerned, or modifies in any way whatsoever the nature, the scope or the performance of its obligations by the other Party.

CNR can, at any time, modify or adapt the GSC. The GSC applicable shall be those in force on the date of making an order for the Tours.

ARTICLE 14.  Contradiction

In the case of contradiction between the stipulations of the GSC or the Tour information sheet present on the Internet Site, on the brochures or in the appendices of the present GSC, the stipulations contained in a document of a higher level shall take precedence. The hierarchy, by decreasing order of the documents mentioned above is the following:

–        GSC ;

–        the appendices of the present GSC;

–        the email confirming the order or the quote duly accepted and signed by the Client;

–        the Tour information sheet present on the CNR’s Internet Site or in CNR’s sales brochure.

ARTICLE 15.  Claims – Mediation

The present GSC are subject to French law.

The following provisions are applicable only to the Consumer Client.

Any claim for the non-performance or incomplete performance of the present GSC, in particular, may be brought to CNR’s attention by the Client by registered letter with acknowledgement of receipt sent to CNR’s head office. The Client is strongly recommended to back-up their claim with any factual element and proof so that, if applicable, compensation can be examined if CNR is observed not to have fulfilled its obligations.

CNR shall do its utmost to provide a response to the Client within a period of three (3) weeks following the reception of the letter mentioned above.

In the case of failure between CNR and the Client to reach agreement, the latter may resort to a conventional mediation procedure by submitting their dispute with CNR to the following mediator: Médiation de la consommation AME, 11 Place Dauphine, 75001 Paris, www.mediationconso-ame.com

Whatever the case, the Consumer Client is informed that an online dispute settlement platform (Résolution des Litiges en Ligne (RLL)), instituted by EU regulation 524/2013, has been set up and can be accessed at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm.

In the case of failure of the mediation procedure, the most diligent Party may bring their case before the courts competent in the matter.

The following provisions are not applicable to the Consumer Client:

In the case of a dispute stemming from the non-performance or from the interpretation of the present GSC, the Parties agree to attempt together to find an amicable settlement to their dispute.

In the case of failure, the dispute shall be brought before the Tribunal of Commerce of Lyon, notwithstanding the presence of multiple defendants or the introduction of third parties.

Appendix 1 :

Information sheets of the Tours offered by CNR

CNR offers the following Tours:

·       The tour of the Bollène hydropower development scheme with the following characteristics:

–        Reservation is obligatory on the site: lescircuitsdelenergie.fr

–        For groups: groups must comprise 15 people at least and 20 people at most.

–        Duration of the tour: 1h30

–        Entrance price:

o   Adult price (from 18 years old) = €10

o   Group price (from 15 people) = €8

o   Family price (2 adults + 2 children) = €25

o   Family price (2 adults + 3 children and more) = €30

o   Reduced price (under 18 years old, students, individuals accompanying handicapped persons) = €5

o   Free entry for schoolchildren, job-seekers and persons accompanying groups.

–        Accessible to reduced mobility persons.

–        Tour for children of 8 years old and older.

–        Free parking for cars and coaches.

–        Content of the tour: The site of Bollène takes you to the heart of renewable energies (water, wind, sun) and invites you to delve into the history of this outsize hydropower development scheme. During your tour you will discover the hydropower plant, the lock and enjoy a unique view of the windfarm and the solar power plant. Duration: 1h30.

·       The tour of the Dam-hydropower plant of Génissiat with the following characteristics:

–        Reservation obligatory.

–        For groups: groups must comprise 10 people at least and 20 people at most.

–        Duration of the tour: 1h30

–        Entrance price: €5 inc. tax (€XX€ ex. tax) per person; free for schoolchildren, jobseekers and persons accompanying groups.

–        Accessible to reduced mobility persons.

–        Tour for children 8 years old and older.

–        Free parking for cars and coaches.

–        Content of the tour: The monumental nature of the dam-hydropower plant of Génissiat will surprise you, as will its history and architecture. You will discover how water becomes electricity and the way in which the river structures the territories it crosses. The guided tour brings you inside the plant, right next to the production equipment and teams. Films, operations, objects and more bring you inside the great adventure of the River Rhone and its encounter with the dam-hydropower plant.

Appendix 2 :

Safety instructions for CNR’s industrial sites

The guide will make known all these rules to the whole group at the beginning of the tour.

·       The Bollène hydropower development scheme:

–        Each visitor (excluding children) must present proof of identity at the beginning of the tour and may be refused entry if no proof is produced.

–        You must wear closed and flat soled shoes (if you do not conform to this condition, you cannot take the full tour and must leave out the visit to the lock in particular).

–        Visitors will be equipped with a helmet and a coloured bib. A mob cap is available and can be worn under the helmet.

–        Visitors must remain within the signposted circuit and in no case go beyond it.

–        The group must also comply with the time of the tour and the times of the visits to each space so that the manager of the industrial site can locate the group at any moment.

–       Cell-phones and laptop computers, cameras, dictaphones and any other electronic device are forbidden during the tour and must be left in the cloakrooms provided for this purpose.

–        Children (over 8 years old) are the responsibility of their parents and/or accompanying persons, who must comply with the safety instructions given by the guide for the tour.

Nb : access to the lock is not possible during annual navigation stoppages (from 10 to 30 March).

·       The Génissiat dam-hydropower plant:

–        Each visitor (excluding children) must present proof of identity at the beginning of the tour and may be refused entry if no proof is produced.

–        Closed and flat-soled shoes are obligatory.

–        Visitors will be equipped with a helmet and a coloured bib. A mob cap is available and can be worn under the helmet.

–        Visitors must remain within the signposted circuit and in no case go beyond it.

–        The group must also comply with the time of the tour and the times of the visits to each space so that the manager of the industrial site can locate the group at any moment.

–        Cell-phones and laptop computers, cameras, dictaphones and any other electronic device are forbidden during the tour and must be left in the cloakrooms provided for this purpose.

–        Children (over 8 years old) are the responsibility of their parents and/or accompanying persons who must comply with the safety instructions given by the guide for the tour.

Nb : tours cannot take place in the case of maintenance operations inside the plant.

 

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Génissiat

Visit a national myth in a vale of green

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Bollène

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