General conditions of sale for our Strasbourg Flotation Center
Preliminary article: Definitions
Activities: activities offered by EURL BLUE MALT: Flotation and sensory isolation. EURL BLUE MALT: limited liability company, with capital of 20,000 euros, located 9, place de l'Hôpital 67000 STRASBOURG, registered with the Strasbourg RCS under number 909 988 867, held in the person of its Manager. Customer: any person, natural or legal, having subscribed to a Subscription or having purchased at least one Session or Package sold by EURL BLUE MALT. By paying the entry fee, the Customer accepts all of the General Conditions of Sale. Center: space dedicated to flotation and sensory isolation, operated by EURL BLUE MALT located 9, place de l’Hôpital 67000 STRASBOURG. General Conditions of Sale: these provisions, governing the contractual relations between EURL BLUE MALT and the Customers.
Article 1 – Purpose
The General Conditions of Sale constitute the one and only framework for relations legal rights that must exist between the Customer and EURL BLUE MALT, to the exclusion of any other advertising document or brochure. The General Conditions of Sale are applicable to all Customers.
Article 2 – Registration terms and conditions of access
Any person wishing to benefit from a floating session must first:
Ø (i) Acquisition of a title
- Either purchase a Session individually (hereinafter: “Session”);
- Either purchase several Sessions for a Fixed Price (hereinafter: “Package”);
- Either take out a Subscription (hereinafter: “Subscription”).
Once in possession of a Session, Subscription or Package, the subscriber will be considered to be a customer of EURL BLUE MALT, for the entire period of validity of the purchased title. The purchase of a Session, Package or Subscription ipso facto entails acceptance by the purchaser of all the stipulations provided for in the General Conditions of Sale.
Ø (ii) Registration for a Session
The Customer, holder of a valid Session, Package or Subscription, must, to benefit from a Floatation Session within the Center, reserve a slot in advance online on the EURL BLUE MALT website, by telephone or directly on site with a member of EURL BLUE MALT staff. The Client must make payment for their Session, Package or Subscription for the reservation to be taken into account. The Client is responsible for his reservations; it is his responsibility to verify the accuracy of each of his reservations (place, date, time) under penalty of being deducted from the Sessions reserved and not completed. Any rectification must be made as soon as possible and no later than 24 hours before the start of the Session.
Article 3 - General Conditions of Sale applicable
The General Conditions of Sale may be subject to updates or modifications without notice. The applicable General Conditions of Sale are those in force at the time of conclusion of the contract, i.e. on the day of acquisition of the Sessions, Packages or Subscription by the Customer. However, the applicable internal regulations are those in force on the day the Client visits the Center. By registering for a Flotation Session, the Client agrees to comply with the internal regulations in force on the day the Session takes place and in particular the start and end times of the Session.
Article 4 – Benefits, duration, and postponement
The Session, Subscription or Package purchased gives a right of access to all the Activities offered by the Center. This right is non-transferable, inalienable and conditionally refundable. All Sessions are valid for 12 months. Beyond this period of validity, sessions are deemed lost and non-refundable. Any cancellation of a session must be made at least 24 hours before the start of the reserved Session, otherwise the Client will be deducted from the reserved session.
4.1 Subscription Conditions
4.1.1 Duration of the Subscription
The subscription has a duration of 12 months from the date of subscription by the Customer. The subscription can, however, be terminated upon simple written request once a minimum of 2 sessions has already been invoiced to the Client. It gives the right to one Session per month, which can be carried over from one month to the next. Any cancellation of a session for the Subscription must be made at least 24 hours before the start of the reserved Session, otherwise the Client will be deducted from the reserved session. Failure to use Sessions during the validity period of the pass will not give rise to reimbursement for Sessions not completed by the Client. However, the duration of the Subscriptions may be subject to an extension of validity in the event of possible closures of the Center for more than 7 days, excluding summer holidays and Christmas periods.
4.1.2 Subscription Conditions
The price appears on the order summary given to the customer and on the copy of the contract given to the subscriber. It is established on the basis of the public price of an annual Subscription. This Subscription is payable by bank debit, monthly. The subscriber declares, in any case when concluding the Contract, to take all necessary precautions for his health, safety and hygiene and to respect the instructions of EURL BLUE MALT in this regard. The subscriber may not assign or transfer to anyone in any way whatsoever, free of charge or for a fee, the Subscription taken out under the Contract.
4.1.3 Non-payment of monthly amounts by the subscriber
In the event of non-payment of the sums owed by the subscriber to The Client, holder of a valid Session, Package or Subscription, must, to benefit from a Floatation Session within the Center, reserve a slot in advance online on the EURL BLUE MALT website, by telephone or directly on site with a member of EURL BLUE MALT staff. The Client must make payment for their Session, Package or Subscription for the reservation to be taken into account. The Client is responsible for his reservations; it is his responsibility to verify the accuracy of each of his reservations (place, date, time) under penalty of being deducted from the Sessions reserved and not completed. Any rectification must take place as soon as possible and at the latest 24 hours before the start of the Session. EURL BLUE MALT reserves the right to suspend access to the center and to the services provided for under the Subscription and to register the subscriber on his contentious recovery file "payment incidents", in strict compliance with the provisions of law no. 78-17 of January 6, 1978 relating to data processing, files and freedoms, this registration preventing the subscriber from benefit from the advantages, products and/or services that EURL BLUE MALT, its affiliated companies or its partners could, where applicable, reserve for it. EURL BLUE MALT may then terminate the Contract automatically and without formality 15 days after receipt by the subscriber of the formal notice which remains without effect.
4.1.3.1 Direct debit rejections
In the event of rejection of the automatic debit set up as part of the Subscriptions, the subscription will be void and considered terminated.
4.2 Gift cards
Gift cards are valid for 1 year from the date of purchase. The customer can therefore use a gift card to pay for the purchase of one or more sessions, provided that these sessions are carried out within the year following the date of purchase of the gift card. Beyond that, the gift card expires and is therefore no longer usable. However, before the expiry date of the gift card, the customer has the possibility to extend the validity period of the gift card under the following conditions: 10 euro for a 3 month extension, 15 euro for a 6 month extension , from the expiry date of the gift card. The customer must contact the center to find out the procedure to follow. Beyond 6 months after the expiry date of the gift card, it can no longer be extended and is therefore permanently lost if not used.
Article 5 - Prices and regulations
The current prices are displayed on the EURL BLUE MALT website and at the entrance to the Center. EURL BLUE MALT is free to modify its prices. The prices applicable to Subscriptions, Sessions or Packages are those in effect on the day of subscription to the Subscription or purchase of the Session or Package. Payment is made at the Customer's choice, by cash, credit card or direct debit (Subscription only). Payments by check are not accepted, in accordance with article L113-3 of the Consumer Code. In the case of automatic debit, the withdrawals are divided into 12 monthly payments by direct debit from the Customer's account. The Client undertakes to notify EURL BLUE MALT of any change of bank domiciliation as soon as possible. In the event of a payment incident, the direct debit amount must be paid directly to EURL BLUE MALT by another means of payment plus bank charges. In the event of repeated payment incidents, EURL BLUE MALT reserves the right to terminate the contract at the sole discretion of the Customer.
Article 6 – Internal regulations
The Customer must comply with these internal regulations, adhere to them without restriction or reservation, and respect the following instructions:
Not allowed in the Center:
- Minors, not accompanied by an adult;
- Animals, even on a leash;
- People whose state of health does not allow them to float are not allowed in the flotation boxes.
Within the Center, it is prohibited:
- To walk in the flotation rooms with shoes on, except with shoes intended for this purpose;
- Any inappropriate and/or dangerous behavior inside or outside the flotation boxes.
- To bathe with the body coated with cream or oil.
Security:
- People who do not know how to swim are required to notify the center staff and report this fact in writing to reception.
- In the event of an incident or accident, Customers are required to immediately notify, in order of priority, the reception of the Center, and if necessary the firefighters or the Samu.
- Customers are required to respect the instructions and injunctions given by the center staff.
Undressing, dressing and Conservation of clothing items:
- Customers must undress and dress in the flotation rooms and use the furniture provided and leave it in a perfectly clean state.
- Access to a flotation room is reserved for one person at a time.
- Customers are required to place their shoes in a locker located at the entrance to each flotation room.
Hygiene and customer behavior
- Before accessing the flotation chambers, Customers are required to take a soapy shower.
- Access to the flotation chambers will be refused to any person who is not absolutely clean.
Miscellaneous:
- It is strictly forbidden to damage the fittings and installations. Any damage or damage is repaired by EURL BLUE MALT at the expense of the offender.
- Any act or behavior likely to undermine decency, good morals, the tranquility of Customers, good order and cleanliness of the Center is strictly prohibited. It will be sanctioned by immediate dismissal from the Center, this will not give rise to any reimbursement.
- The customer must put their bath towel in the laundry basket after use.
- The customer must put their earplugs in the bin available in each flotation room.
- It is prohibited to open emergency exits, except in cases of emergency.
Article 7 - Terms of payment by credit card and reimbursement conditions
7.1 Terms and conditions for payment by credit card
The Customer can pay for their purchases directly on the EURL BLUE MALT website. The amount of the order will only be debited upon validation. Payment by credit card is secured by an encryption system provided by Paysafe. Consequently, EURL BLUE MALT cannot access the customer's card number which is transmitted in complete confidentiality. Only national bank cards will be accepted by the security system as well as Visa and Mastercard cards.
7.2 Conditions and terms of reimbursement
Any session canceled at least 24 hours in advance will be subject to a full refund, at the client's request, to the bank card used for payment, provided that payment was made less than 14 days ago francs before requesting a refund. Any session booked and canceled less than 24 hours before the reserved slot will be deducted in full.
Article 8 – Insurance
EURL BLUE MALT declines all responsibility in the event of loss or theft in its Center. EURL BLUE MALT is insured for damages giving rise to civil liability. It cannot be held responsible in the event of an accident resulting from non-observance of safety instructions or inappropriate use of devices or other installations.
In accordance with article 38 of the law of July 16, 1984, EURL BLUE MALT informs the Customer of his right to take out “individual accident” insurance which will cover all the activities he is likely to practice within the center EURL BLUE MALT, It is understood that this guarantee is optional, and remains the entire responsibility of the Customer.
Article 9 – Irrevocability of membership and withdrawal period
The purchase of a Session, Package or Subscription entails pure and simple acceptance of these general conditions of sale. In the event of subscribing to a Subscription or acquiring Sessions or a Remote Package, the Client will benefit, in accordance with the provisions of the articles L121-19 et seq. of the Consumer Code, a period of fourteen (14) clear days to exercise your right of withdrawal, without having to justify reasons or pay penalties, with the exception, where applicable, return costs.
The Customer may waive this deadline if he is unable to travel and at the same time needs to call upon an immediate service necessary for his living conditions. In this case, he would continue to exercise his right of withdrawal without having to provide reasons or pay penalties. This right of withdrawal is not applicable to legal entities which subscribe to Packages and/or Subscriptions. The Packages and Subscriptions are nominative and cannot under any circumstances be transferred to third parties by the Customer.
Article 10 – Dispute resolution
This agreement is governed by French law. Any dispute between the Client and EURL BLUE MALT relating to the existence, validity, interpretation, execution and performance of this agreement (or any of these clauses) will be the exclusive jurisdiction of the courts of the Paris judicial order.
Article 11 – Other provisions
11.1 Full agreement:
All the stipulations of the General Conditions of Sale constitute the entire agreement between EURL BLUE MALT and the Customer with regard to its subject matter and replace and cancel all declarations, negotiations, commitments, oral or written communications, acceptances , understandings, conventions and prior agreements between the parties.
11.2 Nullity of a provision:
If one of the provisions of this agreement proves to be contrary to an applicable law or regulation, this provision will be deemed to be waived, without this affecting the validity of the other provisions of this agreement.
Article 12 – Termination and Force Majeure:
As the Sessions and Packages are of fixed duration, they cannot be canceled. EURL BLUE MALT undertakes to make its best efforts to respect the obligations set out in its General Conditions of Sale. In the event that it is unable to fulfill its obligations due to events beyond its control or over which it has no control, its liability cannot be sought.
If the Center is closed for more than 2 months, the Customer may terminate the contract concluded with EURL BLUE MALT by registered letter with acknowledgment of receipt. In this case, the termination would become effective within 15 (fifteen) days following the sending of this letter. EURL BLUE MALT will then have to reimburse the sessions paid for and not carried out by the Client.
EURL BLUE MALT also reserves the right to cancel Sessions in the event of equipment failure. In the event of cancellation of a Session, the Customer may benefit from an extension of the validity period of their Subscription and/or Package, by one week compared to the initially planned expiration date. The conditions for terminating the Subscription are defined in article 4.1 of these General Conditions.
Article 13 – Security and limitation of liability
Taking out a Subscription and acquiring a Package or Session implies that the Customer declares that they are able to practice flotation and sensory isolation.
Customers who cannot swim are required to expressly report this in writing to the Center reception. EURL BLUE MALT declines all responsibility in the event of an accident occurring to a person who does not know how to swim and who has not reported to the Center reception in advance. The responsibility of EURL BLUE MALT remains limited to the custody of clothing items only, to the exclusion of any other object, and provided that the clothing has been stored in a duly locked flotation room. Customers are personally responsible for any accidents they may cause or commit.
Article 14 – Information, files and freedom
The data concerning the Customer is intended for the management of the Customer's Subscription/Package by EURL BLUE MALT. In accordance with the law of January 6, 1978 “information technology, files and freedoms” modified in 2004, EURL BLUE MALT may send emails to the Customer, unless the latter objects. The Customer retains the right of access to modify his data.