GENERAL CONDITIONS OF SALE OF SEASIDE MARINE SERVICES FOR THE WHALE SEASON 

1/ REGISTRATION and PAYMENT

The general conditions of sale are recognized read and approved upon receipt of payment. 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 retraction period.
1.1 Methods of payment :

Check to the order of Seaside Marine Services, cash, credit card or online payment from our website.

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 reserved, the procedure of reservation includes in particular the seizure of the bank card, the consultation and the acceptance of the general conditions of sale and the conditions of sale of the reserved tariff before the validation of the reservation and, finally, the validation of the reservation by the customer. Seaside Marine Services cannot be held responsible in case of bad manipulation or error by the customer during the online booking. The customer's places are validated only once the payment is made. If the client belongs to a group with separate payment from the members of the same group, the client agrees that the members of his group make the online reservation simultaneously in order to guarantee their place on the same boat. If one of the customers, member of the group delays to book and that there is no more place on the same boat as the other members of his group, the responsibility of Seaside Marine Services could not be committed.

The reservation platform handled by Ultinow acknowledges receipt of the client's reservation by sending an e-mail without delay. In the case of online reservations, the acknowledgement of receipt of the reservation by e-mail summarizes the contract offer, the reserved services, the prices, the cancellation conditions related to the selected fare, accepted by the client, the date of the reservation, the information related to 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 booking platform under Ultinow's management, the balance is requested at the time of registration regardless of the time of registration before the service.

2/MODIFICATIONS REQUESTED BY THE CLIENT


2.1 Cancellation:

Any notification of cancellation must be made by any means that allows for an acknowledgement of receipt. In all cases, Seaside Marine Services will charge a cancellation fee calculated on the total price including VAT of the service and varying according to the date of cancellation, according to the following conditions. Cancellation fees :

- from the time of booking to more than 24 hours before the departure time: 50% of the price of the service 


- less than 24 hours before the departure time: 100% of the price of the service


Exceptionally, a cancellation with reimbursement may be considered on a case by case basis, provided that the right proof is presented as indicated below: airplane ticket departing from the territory.

Exceptionally, a cancellation with postponement may be considered on a case-by-case basis provided that a medical certificate is presented within 48 hours of the cancellation date. Reservations must be postponed within 3 days from the date of cancellation.

Please note that in the case of a single reservation for several participants, if one or more of them exceptionally wish a cancellation with refund or postponement under the condition of presenting a medical certificate within 48 hours from the date of cancellation, a plane ticket leaving the territory, this does not give the right to the other participants of the same reservation not concerned by the justification to cancel under the same exceptional condition. They must refer to the above conditions.
 

2.2 Change or modification of the service:

Any change of service or dates must be notified as soon as possible by any means allowing to obtain an acknowledgement of receipt.
 Any request for modification sent less than 24 hours 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. All modifications more than 24 hours before the departure date (change of date and boat, disembarkation, number of participants or type of service if possible) will incur a charge of 1,000 XPF per file.

2.3 Modification during the service:

Any modification of the program made at the request of the participant can only be implemented after unanimous agreement of the skipper and the whole group.

2.4 Transfer of contract :

In case of free transfer of the registration file to a third party, the client must inform Seaside Marine Services at the latest 3 days before the departure by any means allowing to obtain an acknowledgement of receipt. The resale of places to a third party is totally forbidden.

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 reimbursement by Seaside Marine Services of unused services. The additional expenses incurred by the participant will not be reimbursed. Following a medical repatriation by the participant's assistance, the unused services cannot be refunded.

3/MODIFICATIONS BY SEASIDES MARINES SERVICES

3.1 Cancellation


- For lack of sufficient participants. When the minimum number of 8 participants for the departure from Noumea or 10 participants for the departure from Prony is not reached, the service can be cancelled at the latest on the morning before the departure. In this case, the client will be informed by e-mail or telephone. The customer 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, the customer is informed as soon as possible by e-mail or telephone.
The customer has the choice between a postponement of the amount paid on another service of his choice or an exceptional reimbursement studied on a case by case basis only on presentation of a proof such as a plane ticket leaving the territory.

- In case of force majeure (incidents or unpredictable and insurmountable events such as: wars, political unrest, strikes, riots, weather conditions, natural disasters, road blockage, health pandemic, death of a customary chief etc.),

Only the team of Seaside Marine Services foreseen for the supervision of the service can cancel the service for reasons of force majeure above related to the safety of the participants. The participant will not be able to ask for a refund if the service is postponed except on presentation of a proof such as a plane ticket leaving the territory or to cancel his participation without the cancellation fees of paragraph 2.1 being applied.

If the security conditions in the South do not allow at the beginning, during or at the end of the season of observation the maintenance of the reservations from Prony, the customer will not be able to ask for the refunding of this one. The reservation will be transferred to a departure from Noumea without any additional charge.

3.2 Changes before departure

Before departure, a change of boat, itinerary, program, embarkation or disembarkation place may be modified for weather reasons. These details are stipulated in the registration documents, on the website and on the online booking platform. The skipper in charge of the service can redefine a route at any time, so that it is the most sheltered 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 issues related in particular to the weather conditions of the moment or the level of the group, the program and itineraries may be modified. In these cases, only the skipper is authorized to take the necessary decisions without prior notice. Seaside Marine Services can then be led to take charge of the additional services induced or to refund, except in case of force majeure, the difference in price between the services planned and those provided.

3.4 Interruption of service:

Any service can also be interrupted by decision of the skipper for duly justified reasons (safety, insufficient level, weather). In this case, except if the interruption is due to a case of force majeure, Seaside Marine Services will reimburse the difference in price between the services planned and those provided.

4/ RESPONSIBILITIES


4.1 Civil liability

Each operator is insured in professional civil liability with an insurance company. However, the responsibility of each operator does not replace the individual civil responsibility that each participant must hold. Any loss or damage of equipment related to the responsibility of the customer will be charged to him.

4.2 Events external to Seaside Marine Services

Seaside Marine Service cannot be held responsible for the partial or total non-execution of the planned service because of events

which are external to him and in particular in the event of :

- incidents attributable to the participant (delay, absence, attitude at risk, etc...). In case of delay in boarding, the client must inform the skipper as soon as possible. In the event of a delay of more than 15 minutes in relation to the catamaran's boarding time, the crew may set sail without the client and no refund or postponement will be due to the client or incidents attributable to a third party

-force majeure (incidents or unpredictable and insurmountable events such as: wars, death of a customary chief, political unrest, strikes, riots, weather conditions, natural disasters, road blockage, health pandemic etc.)

- the non observation, the observation judged "minimal" by the customer or a capricious weather does not give right to a refund or a commercial gesture on behalf of Seaside Marine Services.

4.3 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 skipper are required of each participant. Seaside Marine Services could not be held responsible for the individual imprudence of one or several participants. Seaside Marine Services reserves the right to exclude, at any time, one or more participants whose behavior would endanger the safety of the group or its well-being, without any compensation being due to the incriminated participant.

4.4 Prerequisites and technical levels

When registering, each participant acknowledges having a physical condition and a technical level of the corresponding service. Seaside Marine Services cannot be held responsible in case of physical insufficiency revealed during the trip.

4.5 Minors

Seaside Marine Services 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 for them, the minors are imperatively accompanied at least by one of their parents or any other person major authorized by these. Parents are responsible for their children.

4.6 Transportation and accommodation before and after the service

In case of modification or cancellation of the service for the reasons mentioned above, Seaside Marine Services 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. Seaside Marine Services strongly recommends to the customer to opt for modifiable and/or refundable transport tickets and accommodation services.

5/MATERIALS


5.1 Equipment to be provided.

The equipment to be provided is listed in the technical sheet of the corresponding service. It is important to check your equipment, as safety, comfort and the smooth running of the service may depend on it. The customer is the only one responsible for his personal equipment. Seaside Marine Services and each operator are not responsible for any loss or damage to passengers' personal belongings. Each passenger is responsible for their own belongings. Waterproof areas are available in the boats to store your electrical/electronic devices. In case you forget your belongings on the boat, we do not guarantee to bring them back the same day.

6/PRICE

6.1 Prices and payment:

It is up to the client to refer to the technical sheet of the chosen service to know the exact list of services included and the list of equipment to be provided.
The prices of the services of Seaside Marine Services were calculated with the most just 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 the event of a problem, the client must contact his bank on the one hand, and the establishment on the other hand to confirm his reservation and his method of payment.

6.2 Small group supplement :

In order to avoid cancelling a service for lack of sufficient participants (see 3.1), Seaside Marine Services can propose a departure in small group for a supplement. The customer is then free to accept or refuse. In case of refusal, Seaside Marine Services 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 booking 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 Seaside Marine Services, 6 Allée Bellevue Résidence le Concorde, Receiving

8/CONTEST


8.1 Complaints:


Any complaint relating to the service will have to be addressed by the customer to Seaside Marine Services by registered letter with acknowledgement of delivery, at the latest 1 month after the date of return, accompanied by the whole of the supporting documents.

8.2 Contestation :

Subject to the quality of the applicant, any dispute is the exclusive competence of the Court of Instance of Noumea