Terms and Conditions of Sale

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This English version is a translation of the original French text and is provided for information purposes only. In the event of any discrepancy, the French version shall prevail.

ARTICLE 1 – Identity & contact details of the professional :

SASU Watersports Guadeloupe – Wingfoil School Guadeloupe Main base: Parcelle AV149, D118, Route de la Pointe des Châteaux, La Coulée – 97118 Saint-François (Guadeloupe) Email: wingfoilschoolguadeloupe@gmail.com Phone: +590 690 985 349 SIREN / RCS: 984 278 143 00016 – VAT No.: FR 17984278143

ARTICLE 2 – Purpose & scope :

These Terms and Conditions of Sale (“T&Cs”) govern the sale of teaching services (private, duo, and group lessons, courses, coaching) and equipment rental (wing, board, foil, and accessories) offered by the school, to consumers and/or businesses. Any booking implies unreserved acceptance of these T&Cs, the posted safety rules, and the specific conditions stated on the relevant product sheet/contract.

Description of services: Wingfoil — the services provided by our company are foil-learning services; wingfoil, towed foil, and efoil are teaching tools used as part of the foil-learning process.

ARTICLE 3 – Pre-contractual information :

In accordance with the French Consumer Code, the Customer is informed before booking of: the essential characteristics of the services; the price including all taxes and any mandatory additional fees (e.g. club license/membership, rental deposit); the payment methods and terms of performance; the identity and contact details of the School; the cancellation/rescheduling conditions; the existence of a mediation scheme (Article 16).

This information appears on the site, product sheets, quotes, or confirmation messages.

ARTICLE 4 – Fitness, health, swimming ability & sobriety :

Practicing wingfoil requires: sufficient physical condition and no medical contraindication; swimming proficiency (at least 50m plus underwater immersion); absolute sobriety — attending under the influence of alcohol or drugs is prohibited; prior disclosure of any relevant information (injury, medical treatment, pregnancy, disability).

The instructor may refuse access or interrupt the session if safety cannot be guaranteed (with no compensation due when the cause is attributable to the Customer).

ARTICLE 5 – Minors :

Minors (generally from age 10) are admitted subject to their ability, written parental authorization, and a legal guardian being reachable. The school may require proof of swimming ability and the presence of a nearby adult depending on age/level.

ARTICLE 6 – Booking & confirmation :

Bookings can be made online (Stripe), via WhatsApp/phone (7am to 9pm), or on-site (SumUp/cash) according to opening hours. The booking becomes final upon confirmation (email/SMS/WhatsApp). The School may request relevant information (weight/height/level, shoe size, language, goals). Please arrive 15 minutes before the scheduled time for equipment fitting and briefing.

6.1. Transfer / non-transferability: Any booked activity is assigned to a named individual and may not be transferred to a third party without the School's prior written consent (for safety, insurance, and level-suitability reasons).

ARTICLE 7 – Price & payment :

Prices in euros, all taxes included (Guadeloupe VAT at 8.5% where applicable).
Accepted payment methods: card (Stripe / SumUp), cash.
Not accepted: personal checks and French “hèques vacances” holiday vouchers.
Unless stated otherwise, lessons include wing, board, foil, leash(es), helmet & vest; options/add-ons are indicated on the product sheet.
Any sum unpaid when due may result in statutory late-payment fees and suspension of services.
Bookings made more than 7 days in advance: a 50% deposit is required to secure the booking (lessons and rentals). The balance must be paid in full before the service begins.
The deposit is handled in accordance with the cancellation rules set out in Articles 9 (Lessons) and 12.5 (Rental).
Price changes: WATERSPORTS GUADELOUPE reserves the right to change its prices at any time; the price applicable is the one displayed when the booking is confirmed.

Packages: Package rates apply only to the initial purchase (for insurance reasons). Lessons purchased individually do not benefit from volume pricing.

Validity of packages: packages of 3 to 5 lessons are valid for 3 months from their purchase date. All lessons included must be completed before this period expires. After this deadline, unused lessons are considered forfeited and cannot be refunded, rescheduled, or extended, except by exceptional agreement with the School.

“Sums paid in advance constitute a deposit that firmly binds the parties; the cancellation conditions set out in Articles 9/10/12.5 apply.”

ARTICLE 8 – Right of withdrawal (distance selling) :

For leisure services provided on a specific date or period, the 14-day right of withdrawal does not apply (Article L221-28 of the French Consumer Code). By booking, the Customer acknowledges having been informed of this legal exception.

ARTICLE 9 – Cancellation / rescheduling / lateness — at the Customer's initiative (lessons) :

Rescheduling (date/time/package) is possible up to 48 hours before the start, subject to availability.

Cancellation:

More than 7 days before: full refund of amounts paid (including the deposit).
Between 7 days and 48 hours before: the 50% deposit is retained; any amount paid beyond the deposit is refunded.
Less than 48 hours before, or no-show / lateness over 10 minutes: no cancellation, no refund (100% due).
Requests must be made in writing (email / WhatsApp) so they can be dated.

Illness / injury / personal circumstances (Customer): Illness, injury, or any personal circumstance does not automatically entitle the Customer to a refund: the cancellation conditions above apply.

Purely as a commercial gesture (with no obligation), and only upon written request accompanied by a medical certificate of unfitness to practice (no need to state the diagnosis), submitted before the session or at the latest within 48 hours of the circumstance arising, the school may offer, subject to availability: a single rescheduling or a credit voucher valid for 12 months. No refund is due under this commercial measure.

Customer lateness for lessons: Please arrive 10 to 15 minutes before the lesson begins, dressed and ready to practice. As the lesson starts at the exact scheduled time, lateness of more than 5 minutes for group lessons cannot be accommodated, to guarantee group safety and respect for other participants. This is at the instructor's or manager's discretion.

ARTICLE 10 – Cancellation / rescheduling — at the School's initiative (safety, weather, organization) :

10.1 – Principle / on-site decision: Water activities depend on weather and sea conditions. The School reserves the right to adapt, reschedule, or cancel a session if conditions do not allow participant safety and/or sufficient teaching quality (weather, sea state, visibility, sargassum, administrative restrictions, equipment breakdown/safety issues, instructor unavailability, organizational constraints, etc.). The decision is made on site, on the day of the session, by the instructor, based on conditions actually observed.

10.2 – Lack of wind: teaching adaptation (service maintained): If wind is insufficient, too inconsistent, or unsuitable for a safe, pedagogically sound wingfoil session, the session is maintained and the school may use other teaching tools to ensure the lesson and the participant's progress, notably: efoil and/or towed foil (depending on conditions, level, and safety). This adaptation is an integral part of the service: it is not a cancellation and does not entitle the Customer to a refund, provided the session is delivered in its agreed format (duration/supervision) within the logic of foil learning.

10.3 – Refusal of the alternative activity: If the Customer refuses the alternative activity offered, they may request a rescheduling (subject to availability) or a credit voucher valid for 12 months. If the Customer refuses the alternative while the school is able to deliver the session under this article, no refund is due.

10.4 – Full cancellation by the school (unable to deliver the session): If, for safety or organizational reasons, the School cannot deliver the session, including via an alternative, the Customer may choose: a rescheduling to a later date (subject to availability), a credit voucher valid for 12 months, or a refund of amounts paid for the session(s) not delivered, under the terms below.

Refund terms – multi-session packages: If a package is interrupted due to the School (within the meaning of this article), the refund applies only to the sessions not delivered, after valuing the sessions already delivered at the “single session” rate in effect on the package's purchase date, regardless of the package price. The Customer acknowledges that the “package” price is a discount granted for purchasing a full package; in the event of a partial refund (package not fully completed), the discount is cancelled out and completed sessions are deemed due at the single-session rate.

10.5 – Incidental costs: In the event of rescheduling, adaptation, or cancellation at the School's initiative, no compensation may be claimed for incidental costs incurred by the Customer (transport, accommodation, meals, etc.).

ARTICLE 11 – Equipment provided during lessons :

The School provides complete equipment suited to the participant's level: wing, board, foil, leash(es), helmet, vest. Water shoes are recommended and provided to beginners, subject to stock. The equipment remains the School's property; in the event of abnormal damage due to a clear failure to follow instructions, a repair fee may be charged (parts, labor, downtime) after a joint inspection.

ARTICLE 12 – Equipment rental — specific conditions :

12.1. Eligible customers: Rental is reserved for independent riders (able to go upwind, self-rescue, and return to the starting point). For a first-time experience, a lesson is recommended instead.

12.2. Contents & durations: Package: wing + board + foil with leash(es) and pump. Helmet/vest available on request, subject to stock. Radio, boat assistance, and wetsuits are not included. Durations: 2h, half-day, full day, week. For weekly rentals, the Customer collects and keeps the equipment; storage fees apply if it remains at the club outside opening hours.

12.3. Deposit & condition report: An ID document and a deposit via card pre-authorization or payment link may be required (amount depending on the equipment — up to €2,500). A joint condition report is carried out at collection and return.

In the event of damage, loss, theft, or destruction, charges follow a repair pricing scale (parts, labor, repair, depreciation and, where applicable, downtime), displayed or available on request. Charges are not automatically cumulative: they are applied case by case, at the qualified technical manager's discretion.

Repair costs: charged based on a quote or invoice (from a specialized sail loft, repairer, or the club).
Depreciation: in addition to repair costs, the renter is responsible for the loss in resale value at season's end, assessed against observed market prices (equivalent equipment, new/repaired condition).
Downtime fees: applicable only if the repair takes the equipment out of service for more than 48 hours, or in case of loss, theft, or destruction (€50 per day of downtime).
Total loss, theft, or destruction: charged at the equipment's market value at the time of the incident (public purchase price less depreciation for wear).

12.4. Lateness, extension, early return:

Lateness at departure (rental): Please arrive 10 to 15 minutes before your rental slot, ready to ride. Lateness of more than 5 minutes cannot be accommodated if it compromises operations, and the booked slot will not be extended as a result.
Managing time on the water (Rental): Please wear a waterproof watch or otherwise track your slot's end time. Staff remain on shore and are not responsible for coming to find you on the water: you are fully responsible for managing your riding time. Any time beyond the booked slot is charged as an extra hour.
Extension: Possible subject to availability; please notify us before the slot ends.
Early return: No refund for unused time (except where required by law or in cases of force majeure).

12.5. Cancellation / rescheduling – Rental (Customer): “Comfort weather” (wind considered too light, unfavorable direction, overcast sky, etc.) is not grounds for cancellation, rescheduling, or refund. Rental bookings are firm.

Cancellation:

More than 7 days before: full refund of amounts paid (including the deposit).
Between 7 days and 72 hours before: the 50% deposit is retained; any amount paid beyond the deposit is refunded.
Less than 72 hours before, or no-show / lateness over 20 minutes: no cancellation, no refund (100% due).

Courtesy rescheduling (one-time only): once, up to 6pm the day before, subject to availability (rescheduled within the same week).

Safety / impossibility: in the event of dangerous conditions or an administrative ban (storm, official weather warning, dangerous swell, beach closure, etc.), rescheduling takes priority (see Article 10). Failing agreement: a credit voucher or refund of amounts paid for the period not delivered.

ARTICLE 13 – Storage / deposit of equipment at the club :

13.1 – Purpose and ancillary nature: The Club may, as an ancillary service and subject to availability, accept the temporary deposit of equipment belonging to the Customer (e.g. board, foil, wing, accessories). This deposit is neither a custody service, a cloakroom service, nor a storage-space rental.

13.2 – Deposit conditions: Deposited equipment must be clean, rinsed, and reasonably dry, in apparent good condition, and labeled (name/phone number). The Club may refuse any equipment presenting a risk (damage, rust, odor, excessive moisture, unrinsed equipment, etc.) or not complying with instructions.

13.3 – Collection of equipment / hours: Equipment may only be collected (or deposited) during the Club's opening hours, which may vary with weather and wind (weather-dependent activity) and operational constraints (safety, ongoing lessons, interventions, etc.). No collection or deposit may be demanded outside opening hours.

13.4 – No liability / risks: The Customer acknowledges storage is at their own sole risk. The Club cannot be held liable for loss, theft, damage, breakage, oxidation/corrosion, deterioration linked to moisture/sand/salt, or damage from handling by the Customer or a third party. The Customer remains responsible for their equipment and its insurance (theft/damage).

13.5 – Access and handling: Access to storage areas may be restricted for safety reasons. The Club may ask the Customer not to access racks/storage areas directly and to wait for staff to hand over the equipment. Any handling by the Customer is at their own risk.

13.6 – Duration, removal, and abandoned equipment: Unless otherwise agreed in writing, storage is temporary. The Club may request removal of equipment at any time (reorganization, safety, closure, capacity, etc.). Equipment not collected within 10 days of formal notice (email/WhatsApp) may be considered abandoned and may be moved, returned subject to a fee, or disposed of, without the Club's liability being engaged.

13.7 – Possible fees: Storage may be free or chargeable depending on the package. Management/handling/removal fees may apply for extended storage, failure to follow instructions, or late collection.

ARTICLE 14 – Insurance & liability :

The School holds Professional Liability Insurance: MAIF – FFVOILE, member no. 4645606M.
The Customer remains responsible for following instructions and for their own safety.
For better coverage, the School recommends either an FFVoile license (with associated insurance), or an equivalent “water sports” liability insurance certificate.
The School cannot be held liable for personal belongings lost, stolen, or damaged, except in the case of proven fault by the School or as otherwise required by mandatory law.

ARTICLE 15 – Image rights :

Photos/videos may be taken during activities. Any promotional use (website, social media, brochures) is based on explicit (opt-in) consent obtained separately; this consent can be withdrawn at any time by simple email. For minors, written consent from legal guardians is required.

ARTICLE 16 – Personal data (GDPR) :

Data controller: SASU Watersports Guadeloupe.

Purposes: managing bookings, customer relations, security, billing; marketing with consent; legal obligations.

Legal bases: contract performance; legitimate interest (security/evidence); consent (marketing, image use); legal obligation (accounting).

Data collected: identity/contact details, relevant technical information (level, measurements), billing information.

Recipients: authorized staff, technical service providers (payment, messaging), legally authorized authorities.

Retention: active customer data kept for the duration of the relationship, then 3 years after the last contact (marketing); billing records kept for 10 years (legal obligation).

Rights: access, rectification, erasure, restriction, objection, portability; post-mortem directives; withdrawal of consent at any time; right to lodge a complaint with the CNIL (French data protection authority).

GDPR contact: wingfoilschoolguadeloupe@gmail.com. For more information, see the site's Privacy Policy. Cookies: see the dedicated Cookie Policy.

ARTICLE 17 – Complaints & consumer mediation :

In the event of a difficulty, the Customer should first contact the School by email (wingfoilschoolguadeloupe@gmail.com). After a written request, the Customer may, free of charge, refer the matter to the consumer mediator: C&C-médiation – Type: mediation association/organization. The mediator cannot be contacted more than 1 year after the written complaint that remained unresolved.

ARTICLE 18 – Force majeure :

Neither party is liable in the event of force majeure within the meaning of French law (unforeseeable, irresistible, and external events: extreme weather, natural disasters, epidemics, administrative decisions, etc.). Services are then rescheduled or refunded depending on what is possible.

ARTICLE 19 – Applicable law & competent jurisdiction :

These T&Cs are governed by French law. Consumers may bring proceedings, at their choice, before the court with territorial jurisdiction under the Code of Civil Procedure, or the court of their place of residence or the place where the harm occurred (Article R631-3 of the French Consumer Code).

Appendix – Summary

Booking & Payment: Bookings more than 7 days in advance: 50% deposit to secure the date (lessons & rentals); balance due before the service begins.

Lessons:

Duration: 2h.
Arrival: 10–15 minutes before (dressed, ready to practice). Lessons start at the exact time: lateness over 5 minutes cannot be accommodated, for group safety and fairness.
Cancellation (Customer): more than 7 days – full refund; 7 days to 48 hours – 50% deposit retained (surplus refunded); less than 48 hours – no cancellation, 100% due.
Early stop due to physical condition (Customer): no refund.

Rental:

Time management: full autonomy on the water (a waterproof watch is recommended). Any time beyond the booked slot is charged as an extra hour.
No cancellation for “lack of wind” (comfort weather).
Cancellation (Customer): more than 7 days – full refund; 7 days to 72 hours – 50% deposit retained (surplus refunded); less than 72 hours / no-show / lateness over 20 minutes – no cancellation, 100% due.
Courtesy rescheduling (one-time): up to 6pm the day before, subject to availability (same week).
Early stop due to physical condition (Customer): no refund.