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Terms and conditions of sale and cancellation – Charter

This English version is a translation provided for convenience: the French version is the authoritative one.

1. Purpose

These General Terms and Conditions of Sale govern the sea transport, on-board accommodation and related services provided by Nuku-Hiva Maintenance (hereinafter “the Provider”) for private charters, observation missions and stays on board (hereinafter “the Service”). They apply to any booking confirmed by the Client.

2. Booking and payment

  • Booking confirmation: the booking becomes firm on receipt of a deposit of 30% of the total amount.
  • Payment schedule: 30% on booking (the deposit), 30% one month before embarkation, balance two weeks before embarkation.
  • Payment methods: bank transfer to the IBAN provided by the Provider. All bank charges, commissions and receiving fees (Wise, Revolut, intermediary banks) are paid by the Client.
  • Invoicing and VAT: an invoice is issued for each payment received. VAT not applicable: the Provider benefits from the VAT franchise scheme.

3. Price and included services

  • Fixed price: the price stated is a fixed price and covers the Service described in the quote: sea transport, accommodation on board, fresh water, standard food, dinghy and fuel for normal sailing, unless otherwise stated.
  • Validity of the offer: prices and availability are valid for the period stated on the quote.

4. Services ashore

  • Services ashore: all services and expenses incurred off the boat (restaurants, drinks not included in the package, vehicle hire, vehicle fuel, tour guides, entrance fees to valleys or sites, excursions ashore, accommodation ashore, transfers not included in the quote, etc.) are paid solely by the Client, unless expressly stated otherwise in writing on the quote.
  • Options and third-party services: if the Provider offers or books services ashore on behalf of the Client, these services are invoiced in addition and are payable by the Client according to the agreed terms.

5. Options

  • Payment of options: options (transfers, alcoholic drinks package, additional services) are paid on the same terms as the rest of the booking (30% deposit on booking, 30% one month before, balance two weeks before), unless otherwise agreed in writing.

6. Changes and transfer of booking

  • Before payment of the deposit: changes possible subject to availability and free of charge.
  • After payment of the deposit: any change of date, itinerary or number of passengers may incur fees and/or a price adjustment. Requests must be made in writing.

7. Cancellation by the Client

  • If the Client cancels, the sums received are not refunded.
  • Medical reasons or force majeure: on presentation of supporting evidence, the Provider may, at its discretion, offer a credit valid for 12 months or a partial refund.
  • Refund costs: all bank charges related to refunds are paid by the Client.

8. Shortened stay and cancellation by the Provider

  • Stay shortened by the Client during the stay: no refund will be made for days not used.
  • Stay shortened or cancelled by the Provider: refund pro rata to the amount corresponding to the time of Service actually provided. The pro rata calculation is made by the Provider and the refund is made after deduction of any bank charges.
  • Cancellation by the Provider before embarkation: all funds received are refunded to the Client.
  • Alternatives: where possible, the Provider offers a postponement or an alternative itinerary, subject to availability.

9. Itinerary and navigation decisions

  • Weather and safety: the cruise itinerary depends at all times on weather and safety conditions.
  • Authority of the skipper: the skipper alone decides on the routes, stops, landings and adjustments needed to ensure the safety of the vessel, the crew and the passengers. The skipper's decisions are binding on the Client.

10. Safety, access to sites and landing conditions

  • Certifications and limits: the vessel and crew comply with the certifications and navigation limits in force.
  • Access authorisation: landings at sites subject to authorisation by the local authorities are only guaranteed if these authorisations are granted; the Provider cannot be held responsible for a refusal of access by the authorities.
  • Safety instructions: the Client undertakes to follow the crew's instructions and the safety rules on board. Failure to do so may lead to the Service being interrupted without refund.

11. Hygiene, drinking water and health risks

  • Water on board: the drinking water supplied on board is produced by a watermaker and is regularly maintained. Despite hygiene measures, the Provider cannot guarantee the complete absence of health risks related to water or food.
  • Information and responsibility of the Client: the Client must inform the Provider of any relevant allergy, intolerance or medical condition before embarkation. The Client is responsible for their food choices and must follow the crew's health instructions.
  • Medical and evacuation costs: in the event of illness or accident requiring care or evacuation, medical and evacuation costs are paid by the Client, unless the Provider is legally liable. The Client is advised to take out travel insurance covering these risks.

12. Insurance, liability and damage

  • Liability of the Client: the Client is liable for damage caused by negligence or misconduct and will reimburse the necessary repairs or replacements.
  • Insurance of the vessel: the vessel is insured in accordance with regulations; this insurance does not necessarily cover passengers' personal belongings.
  • Recommended insurance: the Client must take out travel insurance covering cancellation, repatriation, medical costs and third-party liability.

13. Limitation of liability

  • Limitation: the Provider's liability is strictly limited to the performance of its contractual obligations and, where applicable, to the refund of the sums actually received in accordance with these terms. The Provider cannot be held liable for indirect losses, non-material damage, non-refundable travel costs, loss of profit or incidental expenses incurred by the Client (plane tickets, accommodation, transfers, activities ashore, etc.).
  • Exceptions: this limitation does not apply in the event of gross negligence, fraud or breach of safety obligations resulting from serious negligence by the Provider or the crew.
  • Force majeure: in the event of force majeure, the Provider is released from its obligations and cannot be held liable for the direct or indirect consequences suffered by the Client.
  • Interruption for behaviour: the Provider reserves the right to interrupt the Service without refund in the event of failure to follow safety instructions or behaviour endangering the crew, the passengers or the vessel.

14. Complaints and mediation

  • Filing a complaint: any complaint must be sent in writing to the Provider within 7 days of the end of the Service.
  • Handling: the Provider undertakes to acknowledge receipt and to reply within 30 days.
  • Mediation: in the event of a dispute not resolved amicably, the parties may use mediation before any legal action.

15. Personal data, applicable law and acceptance

  • Personal data: the information needed for the booking (identity, contact details, travel documents) is collected for the performance of the contract and kept in accordance with the applicable regulations. It is not passed on to third parties without consent, except where required by law.
  • Applicable law and jurisdiction: these terms are governed by the law applicable in French Polynesia. In the event of a dispute, the competent courts of French Polynesia will have sole jurisdiction, unless mandatory provisions state otherwise.
  • Acceptance: signing the quote or paying the deposit constitutes full acceptance of these General Terms and Conditions of Sale and Cancellation.