GENERAL CONDITIONS OF SALE OF NAUTICA
1/ REGISTRATION and PAYMENT
The general terms and conditions of sale are recognized as read and approved upon receipt of the first payment (including deposit) or following an online registration via our website. The registration then becomes effective. In accordance with article L.121-20-4 of the French Consumer Code, the persons registered for a service do not benefit from the seven-day withdrawal period.
1.1 Methods of payment :
Cheque to the order of NAUTICA, cash, transfer (banking coordinates communicated on request) or payment on line from our Internet site.
1.2 Modalities :
1.2.1 Internet :
The customer commits himself, before any reservation, to complete the information requested on the site. The customer certifies the truthfulness and accuracy of the information provided. After the final choice of the services to be booked, the booking procedure includes the entry of the credit card, the consultation and acceptance of the general terms of sale and the terms of sale of the reserved rate before the validation of the booking and, finally, the validation of the booking by the customer.
The reservation platform handled by Ultinow acknowledges receipt of the customer's reservation by sending an email without delay. In the case of online reservations, the e-mail acknowledging receipt of the reservation will summarize the contract offer, the services reserved, the prices, the cancellation conditions for the selected rate accepted by the client, the date of the reservation, the information regarding the after-sales service, as well as the address of the seller's establishment to which the client can submit his complaints.
On the Internet via our online reservation platform, which is managed by Ultinow, the balance of certain services is requested at the time of registration, regardless of the time of registration before the service. For some services, only the payment of a deposit is required online. This is indicated in the "price category" on the platform. In this case the balance will be paid online or on the day of the activity by check or cash.
1.2.2 Mail :
Registration at more than 30 days: At registration, payment of a deposit of the amount indicated on the "Registration Form". The balance will be paid at the latest 7 days before departure. Registration less than 7 days: Payment of the total amount of the service,
2/MODIFICATIONS REQUESTED BY THE CLIENT
Any notification of cancellation must be made by any means allowing to obtain an acknowledgement of receipt. In all cases, NAUTICA will charge a cancellation fee calculated on the total price of the service and varying according to the cancellation date, according to the following conditions. Cancellation fees (variable according to the number of days preceding the service) :
More than 8 days: NO CHARGE
Less than 8 days and more than 72 hours: 50% of the amount of the service
Less than 72 hours: 100% of the amount of the service
2.2 Change or modification of the service:
Any change of service or dates must be notified no later than 30 days before the departure date by any means that allows for an acknowledgement of receipt. Any request for modification sent less than 30 days before the departure date is considered as a cancellation and entails the application of the above cancellation conditions. The renunciation of one of the services included in a service cannot be the object of any refund.
2.3 Modification during the service:
Any modification of the program made at the request of the participant can only be implemented after agreement of the guide and the whole group. In this case, the additional costs incurred are at the participant's expense.
2.4 Transfer of contract :
In case of transfer of the registration file to a third party, the client must inform NAUTICA at the latest 7 days before the departure by any means allowing to obtain a receipt.
2.5 Interruption of service:
Any service interrupted by decision of the participant (for reasons of health, level, or other) does not give right to any refund by NAUTICA of the unused services. Any additional costs incurred by the participant as a result of this will not be reimbursed. Following a medical repatriation by the participant's assistance, the unused services cannot be refunded.
3/MODIFICATIONS BY NAUTICA
- For lack of sufficient participants. When the minimum number of 6 participants is not reached, the service can be cancelled at the latest on the day of departure. In this case, the customer is informed by e-mail or telephone. The client then has the choice between a full refund of the amount paid or a postponement of the amount paid to another service of his choice. The customer cannot claim any compensation.
- Due to very unfavorable weather conditions. In this case, the customer is informed as soon as possible by e-mail or telephone. The customer has the choice between a refund or a postponement of the amount paid for another service of his choice. The customer can not claim any compensation.
- In case of force majeure (incidents or unforeseeable and insurmountable events such as: wars, political troubles, strikes, riots, climatic conditions, natural disasters, etc.).
Only the guide of NAUTICA foreseen for the supervision of the service can cancel the service for meteorological reasons related to the safety of the participants and the elements of meteorological nature. The participant will not be able to ask for a postponement or to cancel his participation without the cancellation fees of paragraph 2.1 being applied.
3.2 Changes before departure
Before departure, an itinerary, a program or a place of embarkation may be modified for weather reasons. These details are stipulated in the registration documents, on the website and on the online booking platform. The guide in charge of the service can redefine a route at any time, so that it is as sheltered as possible from the sea conditions and in optimal sailing conditions according to the level of the participants. The participant will not be able to cancel without losing the total price of the service.
3.3 Modifications during the service
For safety reasons or for organizational reasons related to the weather conditions of the moment or the level of the group, the program and the itineraries may be modified. In these cases, only the guide is entitled to make the necessary decisions without prior notice. NAUTICA can then be brought to take charge of the induced additional services or to refund, except in case of force majeure, the difference in price between the planned services and those provided.
3.4 Interruption of service:
Any service can also be interrupted by decision of the guide for duly justified reasons (safety, insufficient level, weather). In this case, except if the interruption is due to a case of absolute necessity, NAUTICA refunds the difference in price between the planned services and those provided.
4.1 Civil Liability
NAUTICA is insured in professional civil liability with an insurance company. However, NAUTICA's responsibility does not replace the individual civil responsibility of which each participant must be holder.
4.3 Events external to NAUTICA
NAUTICA cannot be held responsible for the partial or total non-execution of the planned service because of events which are external to it and in particular in case of
- incidents attributable to the participant (delay, absence, attitude at risk, etc...)
- incidents attributable to a third party,
-force majeure (incidents or unpredictable and insurmountable events such as: wars, political unrest, strikes, riots, weather conditions, natural disasters, etc.).
4.4 Rules of caution
The services taking place in the natural environment (at sea and on land), an exemplary individual conduct and the strict respect of the safety rules formulated by the guide are requested from each participant. NAUTICA could not be held responsible for the individual imprudence of one or several participants. NAUTICA reserves the right to exclude, at any time, one or several participants whose behavior would endanger the safety of the group or its well-being, without any compensation being due to the incriminated participant.
4.5 Prerequisites and technical levels
At registration, each participant acknowledges that he/she knows how to swim. He also acknowledges having a physical condition and a technical level of the corresponding service. NAUTICA could not be held responsible in case of physical insufficiency revealed during the trip.
NAUTICA accepts to welcome minors provided that their age, their physical aptitude make possible the realization of the service in normal conditions. Except during the services which are reserved to them, the minors are imperatively accompanied at least by one of their parents or any other person major authorized by these.
4.7 Transportation and accommodation before and after the service
In case of modification or cancellation of the service for the reasons previously mentioned, NAUTICA is not responsible for the possible loss of the value of the transport tickets or the accommodation services that the customer would have contracted to go to the place of beginning of the service and/or to return to his residence after the service. NAUTICA strongly recommends to the customer to opt for modifiable and/or refundable transport tickets and accommodation services.
5.1 Supplied material
The materials and equipments provided by NAUTICA are listed in the product sheet of the website or the registration file of the corresponding service. They are entrusted to the participant who becomes responsible for them during the duration of the service. Any deterioration may result in repair or replacement costs. In this respect, the participant is advised to ensure that his personal liability insurance policy covers any damage. The participant is free to use his/her personal equipment under his/her own responsibility without being able to claim any reduction or compensation from NAUTICA.
5.2 Equipment to be Provided.
The equipment to provide is listed in the product sheet of the website, of the corresponding service. It is important to control the equipment, the safety, the comfort and the good progress of the service can depend on it. The customer is the only one responsible for his personal equipment.
6.1 Price and payment:
The prices of NAUTICA's services include only the transport, the loan or the rent of navigation material and the corresponding equipment.
Most of the trips are clearly defined in their prices and the related additional costs are detailed in the registration files. The services of accommodation, catering and sometimes transportation during a trip are directly invoiced by the provider or can be the object of a common fund organized and advanced by NAUTICA.
It is up to the customer to refer to the product sheet of the Internet site of the chosen service to know the exact list of the included services and the list of the equipment to be foreseen.
The prices of NAUTICA's services have been calculated as accurately as possible according to the economic conditions known at the time of the printing of its documentation. They are applicable as of publication and until the day of publication of the following edition. They have no contractual value and are confirmed to the buyer at registration. They may be subject to change and apply to all persons already registered or wishing to register. Promotions and discounts are neither cumulative nor retroactive.
The establishment has chosen ultinow.com/stripe.com to secure online payments by credit card. The validity of the customer's payment card is verified by stripe.com. The payment card may be refused for several reasons: stolen card, blocked card, ceiling reached, input error... In case of a problem, the client will have to contact his bank on the one hand, and the establishment on the other hand to confirm his reservation and his method of payment. In the case of a rate subject to online prepayment, the amount paid in advance, that is the deposit, is debited at the time of booking.
6.2 Small group supplement:
In order to avoid cancelling a service due to a lack of sufficient participants (see 3.1), NAUTICA can propose a small group departure for a supplement. The customer is then free to accept or refuse. In case of refusal, NAUTICA refunds the sums paid. If the day of the departure the size of the group reaches the minimum required number, the supplement becomes undue by the customer, it is, according to the case, refunded to him or not claimed.
7/RESPECT OF PRIVACY
The respect of privacy is a subject that is at the heart of the concerns of the reservation platform. The client is informed, on each of the personal data collection forms, of the mandatory or optional nature of the answers by the presence of an asterisk. The information processed is only intended for the establishment and the online payment providers. This information is not transmitted to other third parties. When paying online, the customer's bank details will be transmitted by the payment provider Stripe.com to the establishment's bank, for the execution of the reservation contract. The customer is informed that this transfer of data may therefore be carried out in foreign countries that do not have adequate protection of personal data within the meaning of the Data Protection Act. However, the customer agrees to this transfer necessary for the execution of his reservation. Ultinow SAS / Stripe.com in their capacity as professionals, are committed to the establishment to take all security measures and respect the confidentiality of data for the said data transfers. Requests for information and registrations are processed by computer. In accordance with the provisions of the law n° 78-17 of January 6, 1978, you have a right of access and of correction of the personal information concerning you by mail at the following address NAUTICA - 19 Rue de Liège prolonged villa2 - 98800 Nouméa New Caledonia
8.1 Complaints :
Any complaint relative to the service will have to be addressed by the customer to NAUTICA - NAUTICA - 15 rue Alfred Rambaud - 98800 Nouméa New Caledonia by registered letter with acknowledgement of receipt, at the latest 1 month after the date of return, accompanied by the whole of the supporting documents.
8.2 Dispute :
Subject to the applicant's status, any dispute is the exclusive jurisdiction of the Tribunal d'Instance of Noumea