GENERAL CONDITIONS OF SALE OF NAUTICA
1 / REGISTRATION and PAYMENT
The general conditions of sale are recognized read and approved upon receipt of the first payment (down payment included) or following an online registration via our website. Registration becomes effective. In accordance with Article L.121-20-4 of the French Consumer Code, persons registered for a service do not benefit from the seven-day withdrawal period.
1.1 Payment methods:
Check payable to NAUTICA, cash, transfer (bank details provided on request) or online payment from our website.
1.2 Modalities:
1.2.1 Internet:
The customer agrees, prior to any reservation, to complete the information requested on the site. The customer certifies the veracity and accuracy of the information transmitted. After the final choice of services to book, the booking process includes the seizure of the credit card, consultation and acceptance of the general conditions of sale and the conditions of sale of the tariff booked before the validation of the reservation and finally , validation of the booking by the customer.
The booking platform processed by Ultinow acknowledges receipt of the customer's reservation by sending an e-mail without delay. In the case of online booking, the acknowledgment of receipt of the reservation by e-mail summarizes the contract offer, the reserved services, the prices, the cancellation conditions relating to the selected rate, accepted by the customer, the the date of the reservation, the after-sales service information and the address of the seller's establishment where the customer can present his claims.
On the Internet via our online booking platform processed by Ultinow, the balance of certain services is requested at registration regardless of the registration period before the service. When registering certain services, only the payment of an online deposit is requested. This is indicated in the "price category" on the platform. In this case the balance will be settled online or on the spot the day of the activity by check, or cash.
1.2.2 Mail:
Registration more than 30 days: At registration, payment of a deposit of the amount indicated on the "Registration File". The balance will be paid no later than 7 days before departure.
Registration within 7 days: Payment of the total amount of the benefit,
2 / CHANGES REQUESTED BY THE CUSTOMER
2.1 Cancellation:
Any notice of cancellation must be made by any means to obtain an acknowledgment of receipt. In all cases, NAUTICA charges cancellation fees calculated on the total price inclusive of the service and varies depending on the date of cancellation, according to the conditions below. Cancellation fees (variable according to the number of days preceding the service): - less 7 days: 50% of the price of the service - less 2 days: 100% of the price 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 date of departure by any means to obtain an acknowledgment of receipt. Any change request sent at least 30 days prior to the departure date, is considered a cancellation and entails the application of the cancellation conditions above. The renouncement of any of the services included in a service can not be reimbursed.
2.3 Modification during the service:
Any program modification made at the request of the participant can only be implemented after the agreement of the guide and the group as a whole. In this case, the additional costs incurred are the responsibility of the participant.
2.4 Assignment of contract:
In case of transfer of the registration file to a third party, the customer is required to inform NAUTICA no later than 7 days before departure by any means to obtain an acknowledgment of receipt.
2.5 Interruption of service:
Any service interrupted by decision of the participant (for reasons of health, level, or other) does not entitle to any refund by NAUTICA of the unused services. Any additional costs incurred by the participant will not be reimbursed. Following a medical repatriation by the assistance of the participant, unused services can not be reimbursed.
3 / AMENDMENTS BY NAUTICA
3.1 Cancellation
• Lack of participants in sufficient number. When the minimum number of 5 participants is not reached, the service can be canceled at the latest on the day of departure. In this case, the customer is informed by e-mail or phone. The client then has the choice between the full refund of the sums paid or the transfer up to the sums paid on another service of his choice. He can not claim any compensation.
• Due to very bad weather conditions. In this case, the customer is informed as soon as possible by e-mail or telephone. The client then has the choice between reimbursement or postponement up to the sums paid on another benefit of his choice. He can not claim any compensation.
• In case of force majeure (unforeseeable and insurmountable incidents or events such as wars, political unrest, strikes, riots, weather conditions, natural disasters, etc.).
Only the NAUTICA guide provided for the supervision of the service may cancel the service for meteorological reasons related to the safety of participants and elements of a meteorological nature. The participant can not in any case request a postponement or cancel his participation without the cancellation fees of paragraph 2.1 apply.
3.2 Changes before departure
Before departure, a route, a program or a boarding place may be modified for weather reasons. These details are stipulated in the registration files, on the website and on the online booking platform. The guide in charge of the service can redefine at any time a route, so that it is most sheltered from the sea conditions and in optimal conditions of navigation according to the level of the participants. The participant can not cancel without losing the full price of the service.
3.3 Changes during the performance
For security reasons or for organizational reasons such as the current weather conditions or the group level, the program and routes may be subject to change. In these cases, only the guide is authorized to take the necessary decision (s) without notice. NAUTICA may then be required to take over the additional services incurred or to be reimbursed, except in case of force majeure, the difference in price
between the services provided and those provided.
3.4 Interruption of service:
Any service may also be interrupted by decision of the guide for duly justified reasons (security, insufficient level, weather). In this case, unless the interruption is due to a case of force majeure, NAUTICA reimburses the difference in price between the services provided and those provided.
4 / RESPONSIBILITIES
4.1 Civil Liability
NAUTICA is insured in professional liability with an insurance company. However, NAUTICA's liability does not replace the individual civil liability that each participant must hold.
4.3 Events outside NAUTICA
NAUTICA can not be held responsible for the partial or total non-performance of the planned service due to external events and especially in case of:
- incidents attributable to the participant (delay, absence, attitude at risk, etc ...)
- incidents attributable to a third party,
Major force (unforeseeable and insurmountable incidents or events such as wars, political unrest, strikes, riots, weather conditions, natural disasters, etc.).
4.4 Rules of prudence
The services taking place in the natural environment (at sea and on land), an exemplary individual conduct and the strict respect of the rules of safety formulated by the guide are asked to each participant. NAUTICA would not be held responsible for the individual imprudence of one or more participants. NAUTICA reserves the right to exclude, at any time, one or more participant (s) whose behavior would endanger the safety of the group or its well-being, without any compensation being due to the offending participant.
4.5 Prerequisites and technical levels
At registration each participant recognizes to know how to swim. He also acknowledges having a physical condition and a level of technicality of the corresponding service. NAUTICA can not be held responsible in case of physical insufficiency revealed during the trip.
4.6 Minors
NAUTICA agrees to accept minors provided their age, physical fitness
make it possible to perform the service under normal conditions. Except for services that are reserved for them, minors are imperatively accompanied by at least one of their parents or any other person authorized by them.
4.7 Transport and accommodation before and after the service
In case of modification or cancellation of the service for the reasons mentioned above, NAUTICA is not responsible for the possible loss of the value of tickets or accommodation services that the customer would have contracted to go to the place the beginning of the benefit and / or to return to his home after the service. NAUTICA therefore strongly recommends the customer to opt for changeable and / or refundable transport tickets and accommodation services.
5 / MATERIALS
5.1 Materials provided
The materials and equipment provided by NAUTICA are listed in the product sheet of the website or registration file of the corresponding service. They are entrusted to the participant who becomes responsible for the duration of the service. Any deterioration may result in repair or replacement costs. As such, the participant is advised to ensure that his personal liability insurance policy covers any damages. The participant is free to use his personal equipment under his own responsibility without being able to claim any reduction or compensation from NAUTICA.
5.2 Equipment to be planned.
The material to be provided is listed in the product sheet of the website, the corresponding service. It is important to control your equipment, safety, comfort and the smooth running of the service may depend on it. The customer is solely responsible for his personal equipment.
6 / PRICE
6.1 Price and payment:
The price of NAUTICA services includes only the transport, the loan or the rental of navigation equipment and the corresponding equipment.
Additional costs :
Most trips are clearly defined in their fares and the associated ancillary costs are detailed in the registration files. The accommodation, catering and sometimes transportation services during a trip are invoiced directly by the service provider or may be subject to a joint fund organized and advanced by NAUTICA.
It is up to the customer to refer to the product sheet of the website of the service chosen for the exact list of services included and the list of equipment to provide.
The prices of NAUTICA's services were calculated as accurately as possible according to the economic conditions known at the time of the printing of its documentation. They are applicable from publication to the day of publication of the following edition. They have no contractual value and are confirmed to the buyer upon registration. They are subject to possible modifications that apply to all persons already registered or wishing to register. Promotions and discounts are neither cumulative nor retroactive.
The property has chosen ultinow.com/stripe.com to secure online payments by credit card. The validity of the customer's credit card is verified by stripe.com. There can be a refusal of the payment card for several reasons: card stolen, card blocked, ceiling reached, error of seizure ... In case of problem, the customer will have to approach his bank on the one hand, of the establishment on the other hand to confirm its reservation and method of payment. In the case of a rate subject to prepayment online, the amount paid in advance, which is the deposit, is debited at the time of booking.
6.2 Small group supplement:
In order to avoid canceling a service due to a lack of participants (see 3.1), NAUTICA can offer a small group start at a surcharge. The customer is then free to accept or refuse. In case of refusal, NAUTICA refunds the sums paid. If on the day of departure the group size reaches the minimum number required, the supplement becomes undue by the customer, it is, as the case may be, refunded or not claimed.
7 / RESPECT FOR PRIVACY
The respect of the private life is a subject which is at the heart of the concerns of the reservation platform. The client is informed, on each of the forms of collection of personal data, the mandatory or optional nature of the responses by the presence of an asterisk. The information processed is intended solely for the establishment and payment providers online. This information is not passed on to other third parties. When paying online, the bank details of the customer must be sent by the payment provider Stripe.com to the bank of the establishment, for the execution of the reservation contract. The customer is informed that this transfer of data can therefore be carried out in foreign countries that do not have adequate personal data protection in the sense of the Data Protection Act. However, the customer consents to this transfer necessary for the execution of his reservation. Ultinow SAS / Stripe.com as a professional, have committed to the institution to take all measures of security and confidentiality of data for said data transfers. Requests for information and registration are processed by computer. In accordance with the provisions of the law n ° 78-17 of January 6th, 1978, you have a right of access and correction of the nominative information concerning you by mail to the following address: NAUTICA - 19 Rue de Liège prolonged villa2 - 98800 Noumea New Caledonia
8 / CHALLENGE
8.1 Complaint:
Any claim relating to the service must be sent by the customer to NAUTICA - NAUTICA - 19 Rue de Liège extended villa2 - 98800 Noumea New Caledonia by registered letter with acknowledgment of receipt, at the latest 1 month after the date of return, accompanied by the all the supporting documents.
8.2 Challenge:
Subject to the quality of the plaintiff, any dispute is the exclusive jurisdiction of the Court of Instance of Nouméa