GENERAL CONDITIONS OF SALE
Art 1: Object of the contract
The purpose of this contract is to carry out a cruise to the cabin or entire boat with crew on board the AQUA TIKI II and III.
Art 2: Terms of payment
Payment for the cruise is made in two instalments:
– 30% of the cruise at the time of booking,
– The balance of 70% remaining 60 days before departure.
Late payment penalties :
In case of delay in the payment of invoices, a reminder email will be sent, and a penalty of 1% of the amount due, per day of delay, will be charged. After more than one month of delay and after a last warning email, the cruise may be definitively cancelled without giving rise to any refund or compensation.
Art 3: Picking up the boat
Boarding can only take place once the following formalities have been completed:
– the price and options paid in full.
– their administrative and health obligations fully met.
-Art 4: Commitment of AQUA POLYNESIE SARL (AQP)
AQP undertakes to embark the customer on the day and at the time agreed on the contract-invoice and to carry out the itinerary provided for in the commercial documents. This itinerary may be modified at any time due to weather conditions or logistical requirements.
Art 5: Commitment of the embedded customer
– The customer must be present at the place of embarkation and at the time of the start of the cruise stipulated on the invoice contract. He will make his arrangements (international and local air transport, professional, administrative and health obligations …) in order to be present and time in place. In case of delay, boarding may require the payment of additional costs, if this delay exceeds 12 hours, boarding couldn’t be ensured and would not give rise to any refund, whatever the reason given (cancelled flight, health or administrative reason), the customer must cover himself with adequate personal insurance.
– The customer undertakes to respect the instructions of the crew, to keep at all times a correct outfit and behavior throughout the cruise. Alcohol consumption must remain moderate and compatible with safety in navigation throughout the cruise. In night navigation the customer will have to stay inside the boat. Taking drugs is strictly prohibited on board.
Art 6: Scuba Diving
- a) Minimum level of divers: Divers must not present any medical contraindications to the practice of scuba diving. Divers must be in good physical shape and not be drunk before diving. Divers must be comfortable in the current and constantly follow the dive guide.
A level 2 or equivalent and a good experience (50 dives minimum) are required at boarding, otherwise the instructor will have full authority to judge the dives that can be made according to the conditions of dives and the level of the diver. No refund of unused dives will be made.
- b) Number of dives: 2 dives / day will be offered every day, except the day of embarkation and the day of disembarkation which will not be dived. In case of adverse weather conditions dives may be cancelled, although everything will be done to make up for the cancelled dives. No refunds will be made.
Art 7: Insurance
AQUA POLYNESIE is covered by insurance covering civil liability during cruising and scuba diving.
However, the theft or loss of personal belongings of the customer, as well as all accidents of which he may be a victim are excluded from the scope of this insurance.
Art 8: Cancellation of the contract by the customer.
Before boarding, the customer may terminate this contract by paying the following sums:
– termination more than 60 days before the original departure: 30% of the price of the booked cruise
– cancellation between 60 days and less before the original departure: 100% of the price of the booked cruise.
Any interrupted or shortened rental, any service not consumed by the customer, for any reason whatsoever, does not give rise to reimbursement.
Art 9: Disputes
Any disputes concerning the execution or interpretation of this contract must be submitted to the Competent Authorities, the Court of Papeete.
Art 10: Force Majeure
- a) AQUA POLYNESIE SARL cannot be held responsible for any loss, damage or delay or failure in the execution of these terms and women resulting from any event of force majeure, including (but not limited to) war, threat of war, riot, civil or social conflict, terrorist attack and its consequences, natural or nuclear disaster, fire, natural disaster, technical transportation problems that neither we nor our suppliers could have foreseen, closed or congested ports, cyclones or other adverse weather conditions, floods, epidemics, health risks, pandemics, dismasting and any other cause beyond AQP’s control that makes it impossible to continue operations.
- b) In the event of a delay or impossibility of cruising as a result of an event described above:
- All payments made for the cruise will be issued in the form of credit for a future cruise. No refunds will be given.
- AQP will work with the client to allow them to book a new cruise on other dates or departing from another destination depending on availability. If the parties do not agree at that time, the assets will remain valid with AQP.
- AQP will not be responsible for any additional costs incurred by the customer as a result of changes to his cruise due to an event of force majeure.
Art 11: Cancellation by AQUA POLYNESIE
- a) If on the date of departure the cruise cannot be carried out for a reason other than a case of force majeure, the customer is entitled to the following options:
1.Where possible, postponement of the departure date and maintenance of the duration of the cruise.
- Full refund of amounts already paid to AQP.
- b) The customer waives all claims, damages, debts, liabilities, demands, costs, expenses, interest, lawsuits due to a delay or cancellation of his cruise.
- c) Any interrupted or shortened cruise, any service not used by the customer, for any reason whatsoever, is non-refundable.
Art 12 : Modifications.
Exceptionally, the cruise planned on the AQUA TIKI II can be moved free of charge to the AQUA TIKI III, and vice versa.
Art 13: COVID-19
- a) A postponement free of charge (for the same seasonality, same duration, same boat) of the planned cruise, for a period of 24 months, will be possible in case (on the date of embarkation) :
– Travel restriction in the country of residence of the vaccinated customer, making it impossible to travel to French Polynesia
– Impossibility for a vaccinated customer to travel to French Polynesia due to the closure of the borders of transit stopovers.
– Impossibility of continuing a stay in French Polynesia for a vaccinated traveller declared positive during the stay.
– Impossibility of boarding for a vaccinated customer due to the implementation in French Polynesia of a generalized or partial and permanent confinement (7 days / 7) interesting the island of embarkation and for a period including the date of embarkation.
– Impossibility for a vaccinated customer to travel to French Polynesia, following a positive RT-PCR COVID-19 test carried out less than 3 days before his flight.
- b) Any cancellation registered before the implementation of these COVID restrictions will not be able to claim, a posteriori, the advantages they confer.
Article 14: Voluntary breach of contractual provisions
The customer who voluntarily violates any of the special or general provisions of this contract will be exposed to
– An early disembarkation, which can not give rise to any compensation.
– Payment of damages incurred.
If you have any questions about the GTC, please write to: firstname.lastname@example.org