General terms and conditions of sale for leisure and professional training not covered by the agreement
Reminder: when you are with us you are insured in civil liability only, it is strongly advisable to purchase additional insurance, you can do it here: sport.lycea.fr
Also think about covering up against the hazards with our cancellation insurance :
1) You are asked to give us on your arrival a medical certificate of no contraindication to diving dating less than one year old issued by a sports or federal doctor (for level 1 2 3 the general practitioner is sufficient). If you are already certified we will ask you for your logbook and your level card. On arrival, we will ask you to pay in full for your diving training stay that you have booked if you have not already done so, under penalty of late payment penalties equivalent to three times the legal rate. Any training booked is due and will not give rise to any refund or exchange or credit note in the event of abandonment or cancellation on your part. In the context of COVID, in case of administrative impossibility, postponements are accepted. You can subscribe to our cancellation insurance For more flexibility. For the loan of the material, a deposit cheque corresponding to the new value of the equipment used may be requested.
3) The minimum number of participants to ensure the departure of a mini-group training course with the staff of Aquadomia or that of its partners is 2, which can follow different trainings (except Tek formations and instructor). If this number is not reached, which is very rare, we will propose either to apply the special price supplement of 149 euros per day (249 euros in diving Tek), or to reduce the duration of your training if you are less than two considering the ratio Preferential if possible.
3) Before your arrival on the course, you undertake to Study our theoretical courses online. Training is maintained regardless of weather conditions. In case of weather too bad, we will propose you theoretical workshops.
4) The trainings must be set up in full no later than the beginning of the first day of training. No certification can be issued without the full regulation of the training. In case of late payment, penalties of delay equivalent to three times the legal rate will be applied. In case of absence of your share, no reimbursement and no deferral will be granted.
5) The price of the courses which you can consult by clicking Here you are communicated in mini group week formula. SUPPLEMENT PARTICULIERS COURSE In case of private lessons, you will be asked for an additional 149 euros per day (249 euros/day for TEK training). WEEKEND SUPPLEMENT: Weekend training is subject to an additional 40 euros per day per person.
6) The reservation deposit cannot be exchanged, postponed, transferred or refunded. In case of COVID imperatives, the courses can be postponed.
7) Our service offerings are covered by our civil liability insurance. It is recommended that you purchase additional personal insurance from your insurer for any damage you may cause or inflict.
8) You are asked to respect our safety instructions recalling the risks inherent in the practice of diving activity, especially those concerning the ears in case of balancing difficulty and those of pulmonary damage in case of Breathing blockage.
9) You agree to replace or cover the costs of repairing the equipment that is assigned to you in case you égareriez or damage it.
10) Gift vouchers, gift vouchers and training packages purchased in our shop are valid for one year and are neither exchangeable nor refundable.
For continuing vocational training, Discover our quality plan here
General terms and conditions of sale for contractual continuing vocational training
CONTINUING VOCATIONAL TRAINING ACTIVITY
established on 16/092019 - updated on 22/01/2020
These general terms and conditions of sale apply to all continuing professional training services engaged by Aquadomia on behalf of a Customer.
The fact of registering or placing an order implies the full and unreserved adhesion of the Customer to the present general terms and conditions of sale. The present general terms and conditions of sale prevail over any other document of the Customerand, in particular, all the general terms and conditions of the Customer.
The customer or prescriber may express his wish to enroll in a training course provided by Aquadomia by any means. A validation of the prerequisites (if concerned) may take place. An estimate is sent to the prescriber. If the amount of the training is appropriate, a training agreement (or contract) is then sent for signature.
INTERNAL REGULATIONS FOR THE CONDUCT OF TRAINING COURSES
FINANCIAL CONDITIONS, REGULATIONS AND TERMS OF PAYMENT
The registration is validated after signature of the agreement and payment of the deposit specified on the training agreement (or receipt of payment).
If pre-requisites are specified on the training program, they will be verified by the training organization Aquadomia before accepting the registration.
RULES AND REGULATIONS - SUPPORTED BY AN OPCA
All registrations require a minimum deposit of 30% or the transmission of an agreement of assumption of responsibility.
In accordance with the provisions of Article L 441-6 of the French Commercial Code, the term of payment of sums due may not exceed thirty "end of month" days from the date of issue of the invoice.
Any sum not paid on the due date appearing on the invoice will generate late payment penalties payable on the day following the payment date appearing on the invoice at the legal interest rate applied by the European Central Bank increased by 10 percentage points, which may not, however, be less than three times the legal interest rate, as well as a flat-rate indemnity of €40 for collection costs, in accordance with the provisions of Article D 441-5 of the French Commercial Code.
DEDIT AND REPLACEMENT OF A TRAINEE
No trainee may attend a training course in the place of another without having been previously validated by Aquadomia (minimum information period: 5 working days).
Cancellation, absence or interruption of a training course by the client
In the event that the beneficiary company renounces the execution of the present agreement within 30 days before the starting date of the training service, which is the subject of the present agreement, the beneficiary company undertakes to pay 50% of the total amount of the service by way of compensation.
Only the price of the partially performed service is invoiced for vocational training. Any sum invoiced as compensation, repair or indemnity may not be the subject of a request for reimbursement or assumption of responsibility by the OPCA.
POSTPONEMENT OR CANCELLATION OF TRAINING BY THE TRAINING ORGANISATION
In application of article L.6354-1 of the French Labour Code, it is agreed between the signatories of this agreement that if the training service is not carried out in full or in part, the service provider must reimburse the contracting party for any sums unduly received as a result.
Only the price of the partially performed service is invoiced for vocational training. Any sum invoiced as compensation, repair or indemnity may not be the subject of a request for reimbursement or payment by the OPCA.
The training organisation reserves the right to subcontract the animation of the training to a subcontractor.
The recruitment process of the interveners is available to the client upon request.
OBLIGATIONS AND FORCE MAJEURE
In the event of force majeure, Aquadomia's obligations relating to its training activities will be suspended for the duration of this cause. The cases of force majeure are expressly considered to be those usually retained by the jurisprudence of the French courts and tribunals.
INTELLECTUAL PROPERTY AND COPYRIGHT
Article L. 111-1 of the French Intellectual Property Code provides as follows: "The author of a work of the mind enjoys an exclusive intangible property right over this work, by the mere fact of its creation, which is enforceable against all. This right includes intellectual and moral attributes, as well as economic attributes [...]".
Article L 123-1 specifies the lifespan of this intellectual property right: "The author shall enjoy, during his lifetime, the exclusive right to exploit his work in any form whatsoever and to make a pecuniary profit from it. On the death of the author, this right shall continue for the benefit of his successors in title for the current calendar year and the following seventy years".
All intellectual property rights relating to Aquadomia's training courses, and in particular all copyright, trademarks, drawings and models, databases or software of Aquadomia and the rights of reproduction, representation and adaptation that result from them belong to and remain the property of Aquadomia, without anything being construed as assigning or transferring the slightest property right to any third party.
In accordance with Article L. 122-4 of the French Intellectual Property Code, it is forbidden to reproduce, copy, modify, transmit, distribute in any way whatsoever, even partially, on any type of medium, any element from Aquadomia training courses (for example, but not exclusively: texts, logos, images, sound elements, videos, software, icons) without Aquadomia's prior, explicit, written authorisation.
The training content and documentation available on the Site or in the training courses provided do not constitute an official source relating to technical, scientific or organisational regulations and standards applicable to the fields mentioned. These contents have been developed solely for educational purposes and to facilitate the sharing of information for trainees.
CONFIDENTIALITY AND COMMUNICATION
Exchanges with Aquadomia's teams are based on Confidential Information.
Each of the parties undertakes to keep confidential all Confidential Information it receives from the other party, and in particular not to disclose the Confidential Information of the other party to any third party, other than those persons who need to know it in order to perform these T&Cs; and not to use the Confidential Information of the other party except to exercise its rights and fulfil its obligations under these T&Cs. The Professional is committed to ensuring that its Apprentices comply with these obligations.
The obligations of the parties with regard to Confidential Information shall remain in force throughout the duration of the training and as long as, after its term, the information concerned shall remain confidential for the party disclosing it and, in any event.
Aquadomia undertakes to ensure that its subcontractors respect the conditions of security and confidentiality of Confidential Information transmitted within the framework of an obligation of means.
PROTECTION AND ACCESS TO PERSONAL INFORMATION
Aquadomia undertakes to comply with the law applicable in France relating to the protection of personal data and privacy, including by transposition of European Directive EC/95/46 and in application of French Law No. 78-17 of January 6, 1978 "Informatique & Libertés", as well as in compliance with European Regulation No. 2016-679 of April 27, 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data.
APPLICABLE LAW AND JURISDICTION
The GTC are governed by French law. Any dispute arising from the formation, interpretation, execution or termination of the GCS for any reason whatsoever shall be subject to an attempt at conciliation between the parties. In the absence of conciliation, any dispute between the parties arising from the formation, interpretation, execution, termination or cancellation of the GCS will be brought before the competent court of Marseille, even in the event of multiple defendants or a third party claim.