Definitions

Customer : any professional or natural person capable within the meaning of articles 1123 and following of the Civil Code, or legal person, who visits the Site subject to these general conditions. Benefices and services : https://www.sailandcook.com makes available to Customers :

Content : All the elements constituting the information present on the Site, in particular texts – images – videos.

Customer information: Hereinafter referred to as “Information(s)” which correspond to all the personal data that may be held by https://www.sailandcook.com for the management of your account, the management of the customer relationship and for analysis and statistical purposes.

User: Internet user connecting, using the aforementioned site.

Personal information: “Information that allows, in any form whatsoever, directly or indirectly, the identification of the natural persons to whom it applies” (Article 4 of Law No. 78-17 of 6 January 1978).

The terms “personal data”, “data subject”, “processor” and “sensitive data” have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679)

1. PRESENTATION OF THE WEBSITE.

Under Article 6 of Law No. 2004-575 of 21 June 2004 on confidence in the digital economy, it is clear to users of the website https://www.sailandcook.com the identity of the various stakeholders in the context of its implementation and monitoring:

Owner : SASU SAIL & COOK Share capital of 10000€ VAT Number: FR58914607551 – 45 RUE DE MONTREUIL 75011 PARIS

Publication Manager : SAIL & COOK – gerald.yvert@sailandcook.com The person responsible for publication is either a natural person or a legal entity. Webmaster: Gérald YVERT – gerald.yvert@sailandcook.com Hoster :ovh – 2 rue Kellermann 59100 Roubaix 1007 Data Protection Officer: Gérald YVERT – gerald.yvert@sailandcook.com

2. GENERAL CONDITIONS OF USE OF THE SITE AND THE SERVICES OFFERED.

The Site constitutes a work of the mind protected by the provisions of the Intellectual Property Code and applicable International Regulations. The Customer may not in any way re-use, transfer or exploit for his own account all or part of the elements or works on the Site.

Use of the site https://www.sailandcook.com implies full acceptance of the general conditions of use described below. These conditions of use may be modified or supplemented at any time, users of the site https://www.sailandcook.com are therefore invited to consult them on a regular basis.

This website is normally accessible to users at any time. An interruption due to technical maintenance may however be decided by https://www.sailandcook.com, who will then endeavor to communicate to users in advance the dates and times of the intervention. The website https://www.sailandcook.com is updated regularly by https://www.sailandcook.com responsible. In the same way, the legal notices can be modified at any time: they are nevertheless binding on the user who is invited to refer to them as often as possible in order to become acquainted with them.

3. DESCRIPTION OF THE SERVICES PROVIDED.

The website https://www.sailandcook.com is intended to provide information on all of the company’s activities. https://www.sailandcook.com strives to provide on the site https://www.sailandcook.com information that is as accurate as possible. However, it can not be held responsible for omissions, inaccuracies and deficiencies in the update, whether by itself or by third party partners who provide this information.

All the information indicated on the site https://www.sailandcook.com are given as an indication, and are subject to change. In addition, the information on the site https://www.sailandcook.com are not exhaustive. They are given subject to changes that have been made since they were put online.

4. CONTRACTUAL LIMITATIONS ON TECHNICAL DATA.

The site uses JavaScript technology.

The website cannot be held responsible for any material damage arising from use of the site. In addition, the user of the site agrees to access the site using recent equipment, not containing viruses and with a browser of last generation updated The site https://www.sailandcook.com is hosted by a service provider on the territory of the European Union in accordance with the provisions of the General Data Protection Regulation (GDPR: n ° 2016-679)

The objective is to provide a service that ensures the best rate of accessibility. The host ensures the continuity of its service 24 hours a day, every day of the year. It nevertheless reserves the right to interrupt the hosting service for the shortest possible periods, in particular for the purposes of maintenance, improvement of its infrastructures, failure of its infrastructures or if the Services generate traffic deemed abnormal.

https://www.sailandcook.com and the host can not be held responsible in case of malfunction of the Internet network, telephone lines or computer and telephony equipment related in particular to network congestion preventing access to the server.

5. INTELLECTUAL PROPERTY AND COUNTERFEITING.

https://www.sailandcook.com is the owner of the intellectual property rights and holds the rights of use on all the elements accessible on the website, in particular the texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or process used, is prohibited without the prior written permission of : https://www.sailandcook.com.

Any unauthorized use of the site or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.

6. LIMITATIONS OF LIABILITY.

https://www.sailandcook.com acts as publisher of the site. https://www.sailandcook.com is responsible for the quality and veracity of the content it publishes.

https://www.sailandcook.com can not be held responsible for direct and indirect damage caused to the user’s equipment, when accessing the website https://www.sailandcook.com, and resulting either from the use of equipment that does not meet the specifications indicated in point 4, or from the appearance of a bug or incompatibility.

https://www.sailandcook.com can also not be held responsible for indirect damages (such as for example a loss of market or loss of opportunity) resulting from the use of the site https://www.sailandcook.com. Interactive spaces (possibility to ask questions in the contact area) are available to users. https://www.sailandcook.comreserves the right to delete, without prior notice, any content posted in this space that would contravene the legislation applicable in France, in particular the provisions relating to data protection. If applicable, https://www.sailandcook.com also reserves the right to question the civil and/or criminal liability of the user, in particular in the event of a racist, abusive, defamatory or pornographic message, regardless of the medium used (text, photography, …).

7. MANAGEMENT OF PERSONAL DATA.

The Customer is informed of the regulations concerning marketing communications, the law of 21 June 2014 for confidence in the Digital Economy, the Data Protection Act of 06 August 2004 and the General Data Protection Regulation (RGPD: n° 2016-679).

7.1 RESPONSIBLE FOR THE COLLECTION OF PERSONAL DATA

For Personal Data collected as part of the creation of the User’s personal account and navigation on the Site, the person responsible for processing Personal Data is: SAIL & COOK. https://www.sailandcook.com is represented by Gérald YVERT, its legal representative.

As responsible for the processing of the data it collects, https://www.sailandcook.com undertakes to comply with the framework of the legal provisions in force. In particular, it is the Customer’s responsibility to establish the purposes of its data processing, to provide its prospects and customers, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of processing in accordance with reality. Whenever https://www.sailandcook.com processing of Personal Data, https://www.sailandcook.com takes all reasonable steps to ensure the accuracy and relevance of the Personal Data with regard to the purposes for which https://www.sailandcook.com treats them.

7.2 PURPOSE OF THE DATA COLLECTED

https://www.sailandcook.com is likely to process all or part of the data :

• to enable browsing on the Site and the management and traceability of services ordered by the user: Site connection and usage data, invoicing, order history, etc.
• to prevent and combat computer fraud (spamming, hacking, etc.): computer equipment used for browsing, IP address, password (hashed), etc.
• to improve browsing on the Site: connection and usage data
• to conduct optional satisfaction surveys on https://www.sailandcook.com : email address
• to conduct communication campaigns (sms, email): telephone number, email address

https://www.sailandcook.com does not market your personal data which are therefore only used out of necessity or for statistical and analytical purposes.

7.3 RIGHT OF ACCESS, RECTIFICATION AND OPPOSITION

In accordance with the European regulations in force, Users of https://www.sailandcook.com have the following rights :

• the right of access (article 15 of the General Data Protection Regulation), rectification (article 16 of the General Data Protection Regulation), updating and completeness of Users’ data the right to block or delete Users’ personal data (article 17 of the General Data Protection Regulation), where such data is inaccurate, incomplete, ambiguous, out of date, or the collection, use, communication or storage of which is prohibited
• the right to withdraw consent at any time (article 13-2c RGPD)
• the right to limit the processing of Users’ data (Article 18 RGPD)
• the right to object to the processing of Users’ data (Article 21 RGPD)
• the right to portability of data provided by Users, where such data is subject to automated processing based on their consent or on a contract (Article 20 RGPD)
• right to define the fate of Users’ data after their death and to choose to whom https://www.sailandcook.com must communicate (or not) his data to a third party they have previously designated.

As soon as https://www.sailandcook.com has knowledge of the death of a User and in the absence of instructions from him, https://www.sailandcook.com undertakes to destroy its data, unless their retention is necessary for evidentiary purposes or to meet a legal obligation.

If the User wishes to know how https://www.sailandcook.com uses his Personal Data, asks to rectify them or opposes their processing, the User can contact https://www.sailandcook.com in writing to the following address:

SAIL & COOK – DPO, Gérald YVERT 45 RUE DE MONTREUIL 75011 PARIS.

In this case, the User must indicate the Personal Data that he would like https://www.sailandcook.com to correct, update or delete, identifying yourself precisely with a copy of an identity document (identity card or passport).

Requests for deletion of Personal Data will be subject to the obligations that are imposed on https://www.sailandcook.com by law, in particular with regard to the preservation or archiving of documents. Finally, https://www.sailandcook.com Users may file a complaint with the supervisory authorities, and in particular the CNIL (https://www.cnil.fr/fr/plaintes).

7.4 NON-COMMUNICATION OF PERSONAL DATA

https://www.sailandcook.com refrains from processing, hosting or transferring the Information collected on its Customers to a country outside the European Union or recognized as “unsuitable” by the European Commission without first informing the customer. Even so, https://www.sailandcook.com remains free to choose its technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (GDPR: No. 2016-679).

https://www.sailandcook.com undertakes to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident impacting the integrity or confidentiality of customer information is brought to the attention ofhttps://www.sailandcook.com, the latter must inform the Customer as soon as possible and communicate the corrective measures taken. Furthermore https://www.sailandcook.com does not collect any “sensitive data”.

The User’s Personal Data may be processed by subsidiaries of https://www.sailandcook.com and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.

Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to the data of the Users of https://www.sailandcook.com are mainly our customer service agents.

8. INCIDENT NOTIFICATION

Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. As a result, we cannot guarantee absolute security. If we become aware of a security breach, we will notify the users concerned so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all necessary information to help them comply with their own regulatory reporting obligations.

No personal information of the user of the site https://www.sailandcook.com is published without the knowledge of the user, exchanged, transferred, assigned or sold on any medium whatsoever to third parties. Only the hypothesis of the redemption of https://www.sailandcook.comand its rights would allow the transmission of said information to the potential purchaser who would in turn be given the same obligation to store and modify data with respect to the user of the site https://www.sailandcook.com.

SECURITY

To ensure the security and confidentiality of Personal Data and Personal Health Data, https://www.sailandcook.com uses networks protected by standard devices such as firewalls, pseudonymization, encryption and password.

When processing Personal Data, https://www.sailandcook.com take all reasonable steps to protect them from loss, misuse, unauthorized access, disclosure, alteration or destruction.

9. HYPERTEXT LINKS “COOKIES” AND INTERNET TAGS

The site https://www.sailandcook.com contains a number of hypertext links to other sites, set up with the permission of https://www.sailandcook.com. However, https://www.sailandcook.com does not have the possibility to verify the content of the sites thus visited, and will therefore not assume any responsibility for this fact.

Unless you decide to disable cookies, you accept that the site may use them. You can deactivate these cookies at any time and free of charge from the deactivation possibilities offered to you and recalled below, knowing that this may reduce or prevent accessibility to all or part of the Services offered by the site.

9.1. « COOKIES »

A “cookie” is a small information file sent to the User’s browser and stored on the User’s terminal (e.g. computer, smartphone) (hereinafter referred to as “Cookies”). This file includes information such as the User’s domain name, the User’s Internet service provider, the User’s operating system, as well as the date and time of access. Cookies are in no way likely to damage the User’s terminal.

https://www.sailandcook.com is likely to process the User’s information concerning his visit to the Site, such as the pages consulted, the searches carried out. This information allows https://www.sailandcook.com to improve the content of the Site, the User’s navigation.

Cookies facilitate browsing and/or the provision of services offered by the Site, and Users may configure their browser to allow them to decide whether or not to accept them, so that Cookies are stored in the terminal or, on the contrary, are rejected, either systematically or depending on the sender. The User can also configure his browser software so that the acceptance or refusal of Cookies is offered to him punctually, before a Cookie is likely to be saved in his terminal. https://www.sailandcook.com informs the User that, in this case, it may be that the functionalities of his browser software are not all available.

If the User refuses to save Cookies on his/her terminal or browser, or if the User deletes those saved, the User is informed that his/her browsing and experience on the Site may be limited. This could also be the case when https://www.sailandcook.com or one of its service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.

If applicable, https://www.sailandcook.com declines all responsibility for the consequences related to the degraded functioning of the Site and any services offered by https://www.sailandcook.com, resulting from (i) the refusal of Cookies by the User (ii) the impossibility for https://www.sailandcook.com to save or consult the Cookies necessary for their operation due to the User’s choice. For the management of Cookies and user choices, the configuration of each browser is different. It is described in the browser’s help menu, which will allow you to know how the User can modify his wishes regarding Cookies.

At any time, the User may choose to express and modify his wishes regarding Cookies. https://www.sailandcook.com may also use the services of external service providers to help it collect and process the information described in this section.

Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Linkedin and Google Plus on https://www.sailandcook.com or in its mobile application and if the User has accepted the deposit of cookies by continuing to browse the Website or the mobile application of https://www.sailandcook.com, Twitter, Facebook, Linkedin and Google Plus may also place cookies on your devices (computer, tablet, mobile phone).

These types of cookies are only placed on your terminals if you consent to them, by continuing your navigation on the Website or the mobile application of https://www.sailandcook.com. At any time, the User may nevertheless withdraw his consent to https://www.sailandcook.com deposits this type of cookies.

ARTICLE 9.2. INTERNET TAGS

https://www.sailandcook.com may occasionally use web beacons (also known as “tags”, or action tags, one-pixel GIFs, transparent GIFs, clear GIFs and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store the corresponding information, including the User’s IP address) in a foreign country.

These tags are placed both in the online advertisements enabling Internet users to access the Site and on the various pages of the Site.

This technology allows https://www.sailandcook.com evaluate visitors’ responses to the Site and the effectiveness of its actions (for example, the number of times a page is opened and the information consulted), as well as the use of this Site by the User.

The external service provider may collect information on visitors to the Site and other websites through these tags, compile reports on the activity of the Site for the attention of https://www.sailandcook.com, and provide other services relating to the use of it and the Internet.

10. APPLICABLE LAW AND JURISDICTION.

Any dispute in connection with the use of the site https://www.sailandcook.com is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of PARIS.

Terms and conditions of sale

1. Preamble.

These general terms and conditions of sale (hereinafter referred to as the ”GTC”) apply, without restriction or reservation, to any purchase of cruise services (hereinafter referred to as the ”Service”) offered by the SASU with a capital of 10,000 euros, SAIL & COOK, registered with the RCS of Paris, under number 914 607 551 and whose registered office is located at 45, rue de Montreuil, 75011 Paris (hereinafter the ”Service Provider” or ”SAIL & COOK”) to customers (hereinafter the ”Customer”). The Customer and the Service Provider are together referred to as the “Parties”. Any reservation implies that the Customer is aware of and accepts these GTC without reservation. All the GTC may be modified, in whole or in part, at any time. In this case, the new provisions will only apply to bookings made after their publication. The preamble forms an integral part of these GTC. In the event of any contradiction in the interpretation of the GTC, the Parties agree that the French text shall prevail over any other version.

2. Booking – Registration.

SAIL & COOK offers cruises for individuals and companies, the different options of which are presented on its website at the following address https://www.sailandcook.com. Descriptions of the various cruises, their port of departure and arrival, and their cruising area are presented on the website as a basis for booking. On the basis of this booking request, a quotation will be sent to the potential customer for acceptance, setting out more specifically and precisely the description of the cruise in question, its port of departure and arrival, its cruising area, its duration and dates and times, as well as its price. Registration for a cruise becomes definitive on receipt by e-mail or post of the quotation, which must be signed by the Customer and marked “Good for agreement”. SAIL & COOK reserves the right to cancel a reservation if the customer’s identity or e-mail address is incorrect. For bookings made more than thirty-one (31) days before the departure date, a deposit of 30% of the cruise price must be paid. The full price of the holiday must be paid no later than thirty-one (31) days before departure. No registration will be registered by SAIL & COOK without payment of the corresponding deposit. SAIL & COOK reserves the right to refuse the customer’s presence on the cruise in question if the full price of the cruise as specified in the corresponding quotation has not been paid before the departure date and will retain the sums paid as cancellation penalties.

3. Cancellation – Right of withdrawal.

3.1. Due to the Customer

In accordance with Article L.221-28 of the French Consumer Code, persons registered for a given SAIL & COOK cruise may only request the cancellation of their registration or exercise their right to withdraw from their participation in this cruise by notifying us in one of the following 2 ways:

Either by a registered letter for the attention of SAIL & COOK :

SAIL & COOK

Cancellation / Withdrawal

45, Rue de Montreuil

75011 Paris

The postmark will serve as proof.

• Or by e-mail to the following address: gerald.yvert@sail&andcook.com

In all cases, SAIL & COOK will retain penalty charges calculated on the total price of the cruise concerned and varying according to the date of cancellation, in accordance with the conditions below:

• Withdrawal more than 60 days before the cruise departure date: a fee of 30% of the cruise price will be charged;
• Withdrawal between 60 days and the day of departure (or in the event of a no-show without prior cancellation): a fee of 100% of the price of the cruise.

3.2. Due to SAIL & COOK

In accordance with article R211-4 of the French Tourism Code, SAIL & COOK may exceptionally be obliged to cancel a cruise:

1. If the minimum number of participants is not reached, SAIL & COOK will inform you at least 21 days before departure;
2. In case of force majeure;
3. If safety, health and climatic conditions so require;
4. In case of exceptional and unavoidable circumstances.

In the event of exceptional cancellation as listed above, SAIL & COOK will refund all sums already paid. Cancellation of a cruise does not give entitlement to any compensation whatsoever.

Climatic and weather conditions that do not allow sailing (SAIL activity) for part of the cruise do not constitute a refund clause, as long as the cooking workshops (COOK activity) have been carried out.

4. Duration

Generally speaking, SAIL & COOK cruises run from the morning (from 09:00) of the first day to the afternoon (until 17:00) of the last day. However, different start and finish times may be set for certain cruises. In this case, they are specified on the various versions of the Registration Confirmation sent to you.

5. Insurance

SAIL & COOK has taken out Civil Liability insurance on behalf of its clients with HISCOX through ADD Value Assurances.

6. Personal data protection.

In accordance with current European legislation and in particular the General Data Protection Regulation (EU Regulation 2016/679 of 26 April 2016), the information requested from you is necessary for your registration to be processed by SAIL & COOK. Your answers are compulsory; failure to reply will make it impossible for you to register. You have a right of access, rectification, opposition and portability of information concerning you, which may be exercised at any time by contacting gerald.yvert@sailandcook.com. You may also lodge a complaint with the competent supervisory authority.