Conditions générales de vente | Société Maritime Sanaryenne (siège social)

General Terms and Conditions of Sale of the Société Maritime Sanaryenne

ARTICLE 1 : Application of the General Terms and Conditions of Sale

These terms and conditions of sale are entered into between, on the one hand, the company SOCIETE MARITIME SANARYENNE, whose registered office is located at 4 allée du Capricorne, 13080 Aix-en-Provence, registered with the Aix-en-Provence Trade and Companies Register under number RCS Aix-en-Provence B 405 109 125, hereinafter referred to as 'SOCIETE MARITIME SANARYENNE', and, on the other hand, any tourism professional or individual represented by a natural or legal person, hereinafter referred to as 'the buyer', wishing to place an order or make a reservation, for a 'customer' or for themselves, via the website croixdusud5.com of 'SOCIETE MARITIME SANARYENNE'.

These general terms and conditions of sale apply to individuals who have purchased their tickets via the ticket office at the port of Sanary, the website croixdusud5.com or from partner establishments.

Consequently, booking a cruise with SOCIETE MARITIME SANARYENNE implies the buyer's and client's full and unreserved acceptance of these General Terms and Conditions of Sale (GTC), to the exclusion of all other documents such as brochures, catalogs, and the website issued by the carrier SOCIETE MARITIME SANARYENNE, which are for informational purposes only. No special conditions may prevail over these GTC unless formally accepted in writing by the carrier SOCIETE MARITIME SANARYENNE. The fact that the carrier SOCIETE MARITIME SANARYENNE does not invoke any of these GTC at any given time shall not be interpreted as a waiver of its right to invoke any of said conditions subsequently.
SOCIETE MARITIME SANARYENNE reserves the right to modify its terms and conditions of sale at any time. In this case, the applicable conditions will be those in effect on the date of the order or reservation by the buyer or customer.

ARTICLE 2: Characteristics of the Services Offered

The services offered are those listed in the brochures published on the SOCIETE MARITIME SANARYENNE website and the printed brochures available to professionals, individuals, and clients at all our points of sale and at all affiliated professional locations. These services are offered subject to availability.
The photographs in the brochures or on the website are as accurate as possible but cannot guarantee a perfect likeness to the services offered, particularly with regard to colors and the exact angle of the photographs.

ARTICLE 3 : Conditions for Modifying a Cruise

3.1 - At the Initiative of SOCIETE MARITIME SANARYENNE

The client is not entitled to any compensation:
in the event of a change of itinerary due to unforeseen events or compelling circumstances, which only SOCIETE MARITIME SANARYENNE can assess, including rescuing a vessel or swimmer in distress, strikes, demonstrations, or economic unrest that could compromise client safety.

in the event of changes to the program content that may occur due to adverse weather conditions.

3.2 - At the Client's Initiative
Any interrupted or shortened trip, any modification to the initial booking, or any unused service due to the client, for any reason whatsoever, will not give rise to any refund.

ARTICLE 4 : Prices & Gift Cards

4.1 - Prices

The prices listed in the brochures and on the SOCIETE MARITIME SANARYENNE website are inclusive of all taxes and are in euros, taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products or services.
SOCIETE MARITIME SANARYENNE reserves the right to modify its prices at any time, it being understood, however, that the price appearing on the order form issued to the buyer on the day of the order will be the only price applicable to the buyer. The prices indicated include order processing fees, round-trip transport costs, port taxes, and the eco-tax for visiting national parks and protected sites. However, they do not include the snack/bar service, which is an additional charge, with the exception of the 'aperitif and sunset' package.
Weather conditions do not constitute grounds for changing prices. If the passenger is eligible for a discount, they must provide supporting documentation upon request from SOCIETE MARITIME SANARYENNE or one of its representatives. Promotional offers and discounts cannot be combined. Tickets for a stopover on an island are round-trip (return on the same day).
Payment methods are: cash, credit card, and Chèques-Vacances (no change given).
If a quote is provided to a professional buyer or individual customer, the price will be communicated to them when the quote is sent or at the time of booking. This price will be the total price of the service provided by the carrier SOCIETE MARITIME SANARYENNE.

4.2 - Gift Cards

Gift cards can be purchased exclusively via the 'GIFT CARDS' tab on our website www.croixdusud5.com. This allows the customer to purchase a voucher valid for one year from the date of purchase, for a specified number of people, to be used on one of our cruises, with no predetermined dates. The voucher will be delivered as a promotional code sent as a PDF to the email address provided during the order process. No physical copies will be sent by mail. The voucher must be used exclusively on the www.croixdusud5.com website and entered in the 'promo code' field during the booking confirmation form.

The cruise type is determined at the time of purchase, but the code can be applied to any cruise type up to its value.
Gift cards are non-refundable under any circumstances. In the event of non-use due to weather cancellation, the holder will be offered the option to extend the validity period.

ARTICLE 5: Occupancy of the Vessel

Upon boarding the Croix du Sud V, a vessel of the SOCIETE MARITIME SANARYENNE, a passenger automatically submits to the authority of the captain. They must at all times comply with the instructions given by the crew and present their ticket upon boarding. Furthermore, the passenger remains responsible for any damage they cause on board.

Children and minors under 18 years of age must be accompanied by an adult.

Regarding the transport of passengers with disabilities, the captain has sole discretion and may refuse boarding for certain medical conditions, particularly due to weather conditions or if there is a shortage of support staff.

Pregnant women who are seven months pregnant or more are not permitted on board. They must inform the crew no later than the time of boarding. Under no circumstances will the SOCIETE MARITIME SANARYENNE or its employees be held responsible if a person fails to report their absence, and no refund will be given.

Appropriate attire is required. Courteous and respectful behavior is required on board the vessel towards other passengers, crew members, and staff. Any breach of these obligations will result in the immediate disembarkation of the passenger and any accompanying persons at a port, in accordance with the disciplinary and penal regulations of the merchant marine. No refund will be issued, and the return trip to Sanary-sur-Mer will be at the passenger's sole expense and under their full responsibility.

Seating on board is unassigned, and a passenger will not be entitled to a refund or price reduction if their desired seat is already occupied. Dogs are our friends and are therefore welcome on board (except for the 'Whale & Dolphin' excursion), provided they do not pose a danger to other passengers or staff.

The vessel is non-smoking, except in a designated smoking area at the rear. The crew is available to direct passengers.

ARTICLE 6 : Rights and Obligations of the Carrier SOCIETE MARITIME SANARYENNE

6.1 - Obligations of the Carrier SOCIETE MARITIME SANARYENNE

The carrier SOCIETE MARITIME SANARYENNE, upon receiving a booking for a client via the purchaser, undertakes to be held liable for any breach of its obligations, which it is required to fulfill diligently, particularly with regard to client safety. It is responsible for the proper execution of the cruise, except in cases of force majeure, unforeseen circumstances, or actions of third parties unrelated to the provision of services stipulated in the contract. It undertakes to equip the vessel in good seaworthy condition and to insure the vessel and its crew against navigational risks at its own expense.

6.2 - Limitation of Liability Clauses

The carrier SOCIETE MARITIME SANARYENNE disclaims all liability for the loss, damage or theft of belongings of the customer during the voyage (including in the event of sea spray).

ARTICLE 7 : The rights and obligations of the client

The client agrees not to bring any additional persons on board, nor any alcoholic beverages, and not to transport any goods prohibited by law, including weapons and narcotics.

ARTICLE 8: Booking and Payment Procedures

8.1 - Booking via the website

Purchasers wishing to purchase a service (cruise) must :

• complete the online booking form, specifying the number of passengers according to their category and the chosen cruise;
• complete the 'customer information' form, providing all the requested contact details;
• validate their booking after reviewing it;
• pay the balance according to the terms specified on the booking confirmation, sent to the customer by email or SMS. This confirmation will serve as the booking confirmation and must be presented in digital or printed form to the crew upon boarding the CROIX DU SUD V, provided that the customer has paid the amount due to SOCIETE MARITIME SANARYENNE before boarding. A ticket given to the customer by the purchaser (by email or printed) also serves as a booking confirmation under certain conditions (for partners authorized to sell cruises). Confirmation of the reservation implies acceptance of these terms and conditions, acknowledgment of having read and understood them fully, and waiver of any right to invoke one's own reservation conditions or any other terms and conditions. All data provided and the recorded and printed confirmation will serve as proof of the transaction. Confirmation will constitute a signature and acceptance of the transactions carried out.

8.2 - Booking via email

After acceptance of the quote by the buyer or professional client, the latter must comply with the payment terms below:
30% deposit upon booking
Balance due upon boarding or invoice after the trip, payable within 30 days

8.3 - Failure to pay

Failure to pay any installment mentioned above will automatically result in the cancellation of the service (cruise).

ARTICLE 9: Cancellations, Delays, and Refunds

9.1 - Cancellation by the Carrier, SOCIETE MARITIME SANARYENNE

The cruise is subject to a minimum number of passengers. If this minimum number is not reached at least 12 hours before departure, the cruise will be automatically canceled. The minimum number of passengers depends on the type of cruise. The customer will be notified by email and text message and will have the choice between rescheduling or a full refund of the sums paid* to SOCIETE MARITIME SANARYENNE. For bookings made with a partner authorized to sell tickets on board the CROIX DU SUD V, customers should contact that partner directly, and their terms and conditions will apply.

SOCIETE MARITIME SANARYENNE and its representatives remain the sole judges of weather conditions. The SOCIETE MARITIME SANARYENNE reserves the right to cancel or modify departures for reasons of passenger safety and comfort, generally up to the day before departure, and at the last minute in the rare extreme cases of weather forecast errors or breakdowns. In this case, the trip will either be rescheduled or fully refunded*. The passenger will not be entitled to any other type of compensation, regardless of the nature of their loss. If tickets were purchased from a partner establishment (such as a tourist office, OTA, or other), the refund must be processed by them.

*In the case of reservations made using a gift voucher or gift card, the voucher, as stated at the time of purchase, is non-refundable. However, it may exceptionally be extended upon request.

9.2 - Cancellation by the buyer or customer

A ticket is fully refundable and exchangeable up to 7 days before the ship's departure.

9.3 - Passenger delays

Boarding must begin no later than 15 minutes before departure. If a passenger is unable to board at the time of departure, they are not entitled to any refund or compensation.

9.4 - Ship Delay

Please note that return times are indicative and may be changed without notice by SOCIETE MARITIME SANARYENNE. No fare changes will be made in such cases. Passengers will not be entitled to any compensation whatsoever, regardless of the nature of their loss. Upon disembarkation on the island of Porquerolles, the captain will announce the return times over the public address system. These times will be adhered to, and the ship will depart from the dock at the scheduled time (as recorded in the logbook). If a passenger misses the ship's departure, the return trip to Sanary-sur-Mer will be at their own expense and sole responsibility, and no refund will be issued by SOCIETE MARITIME SANARYENNE.

9.5 - Special Case of Whale Watching Cruises

During whale and dolphin watching cruises (whale & dolphin, half-day dolphin, dolphin & sunset, dolphin & Porquerolles, dolphin from Porquerolles), if no animals are observed, passengers are offered, as a goodwill gesture, an invitation to a similar whale and dolphin watching cruise on another date. One ticket purchased corresponds to one free ticket, subject to availability. However, no refund will be issued if a passenger does not take advantage of this offer or if they are not available on other cruise dates. The invitation will take the form of a promotional code issued for each booking, grouping all passengers registered on the same booking. This code can be used on the croixdusud5.com website for the next two years, in the 'promo code' field during the booking confirmation form.

9.6 - Refund Methods

When the conditions for a customer refund are met, and depending on the payment method and technical constraints, SOCIETE MARITIME SANARYENNE will issue refunds by credit card or bank transfer. For cash payments, refunds by cash are not guaranteed and may be issued by credit card or bank transfer.

ARTICLE 10: Insurance

SOCIETE MARITIME SANARYENNE has taken out professional liability insurance, and its vessel is insured (hull and personal injury) against any damage that may be caused to a third party.

ARTICLE 11: Guarantee

In the online booking process, SOCIETE MARITIME SANARYENNE is only bound by an obligation of means. It cannot be held liable for any damage resulting from the use of the internet, such as data loss, intrusion, viruses, service interruptions, or other unintentional problems.

ARTICLE 12: Intellectual Property

All elements of the SOCIETE MARITIME SANARYENNE website are and remain the exclusive intellectual property of SOCIETE MARITIME SANARYENNE. No one is authorized to reproduce, exploit, redistribute, or use in any way whatsoever, even partially, any elements of the website, whether software, visual, or audio. Any simple or hypertext link is strictly prohibited without the express written consent of SOCIETE MARITIME SANARYENNE.

ARTICLE 13: Personal Data

In accordance with the French Data Protection Act of 6 January 1978, personal information relating to buyers may be processed automatically. SOCIETE MARITIME SANARYENNE reserves the right to collect information about buyers and customers, including through the use of cookies, and, if it so chooses, to share this information with its business partners. Customers may object to the disclosure of their contact information by notifying SOCIETE MARITIME SANARYENNE. Similarly, users have the right to access and rectify their personal data, in accordance with the French Data Protection Act of January 6, 1978. The automated processing of information, including the management of users' email addresses, was declared to the CNIL (French Data Protection Authority) on March 10, 2008, and registered under number 1281857.

ARTICLE 14: Archiving – Proof

SOCIETE MARITIME SANARYENNE will archive reservation vouchers and invoices (for professionals) on a reliable and durable medium, constituting a faithful copy in accordance with the provisions of Article 1348 of the French Civil Code. The computerized records of SOCIETE MARITIME SANARYENNE will be considered by the parties as proof of communications, reservations, payments, and transactions between them.

ARTICLE 15: Dispute Resolution and Jurisdiction

These online booking conditions are governed by French law. Any complaint must be sent to SOCIETE MARITIME SANARYENNE by registered letter with acknowledgment of receipt as soon as possible and no later than one month after the date of service, accompanied by all relevant supporting documents. In the event of a disagreement, the parties agree to attempt to resolve the dispute amicably within one month of notification. In accordance with Articles L. 612-1 et seq. of the French Consumer Code, any consumer customer also has the right to use the free services of the Tourism and Travel Mediator within one year of their written complaint to our company.

Société Maritime Sanaryenne
SIRET: 40510912500048