General Terms and Conditions of Sale of Société Maritime Sanaryenne
ARTICLE 1: Application of the General Terms and Conditions of Sale
These terms and conditions of sale are entered into, on the one hand, by the company SOCIETE MARITIME SANARYENNE, whose registered office is located at the 4 allée du Capricorne, 13080 Aix-en-Provence, registered in 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, by any tourism professional or individual represented by a natural or legal person, hereinafter referred to as 'the buyer', wishing to place an order or reservation, for a 'customer' or for themselves, via the website www.croixdusud5.com of 'SOCIETE MARITIME SANARYENNE'.
These conditions of sale are also concluded by the same company SOCIETE MARITIME SANARYENNE called 'SOCIETE MARITIME SANARYENNE' and on the other hand by any professional or individual represented by a natural or legal person, hereinafter referred to as 'the buyer', wishing to place an order or reservation by post or email, for a 'customer' or for himself.
Consequently, booking a cruise, either through the SOCIETE MARITIME SANARYENNE website or by email, implies the buyer's and customer's full and unreserved acceptance of these Terms and Conditions, to the exclusion of all other documents such as brochures, catalogs, or websites issued by the carrier SOCIETE MARITIME SANARYENNE, which are for informational purposes only. No special conditions may, unless formally accepted in writing by the carrier SOCIETE MARITIME SANARYENNE, prevail over these Terms and Conditions. The fact that the carrier SOCIETE MARITIME SANARYENNE does not, at that given time, enforce any of these Terms and Conditions shall not be construed as a waiver of the right to enforce any of said conditions at a later date.
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 force 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 in the printed brochures made available to professionals, individuals, and customers at all our points of sale and at all affiliated retailers.
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 similarity with the services offered, particularly with regard to colors and the exact angle of the shots.
ARTICLE 3: Conditions for Cruise Modifications
3.1- At the initiative of SOCIETE MARITIME SANARYENNE:
The customer is not entitled to any compensation:
in the event of a change of itinerary due to unforeseen events or compelling circumstances that only the carrier SOCIETE MARITIME SANARYENNE can assess, including rescuing a ship or swimmer in difficulty, strikes, demonstrations, economic events, and circumstances that could affect customer safety.
in the event of changes to the program content that may occur due to adverse weather conditions.
3.2-At the customer's initiative:
Any trip interrupted or shortened, any change to the initial reservation, or any service not used by the customer, for any reason whatsoever, will not be refunded.
ARTICLE 4: Prices
The prices listed in the brochures and on the SOCIETE MARITIME SANARYENNE website are inclusive of VAT in euros, taking into account the VAT applicable on the date of the order. Any change in the rate may be reflected in the price of products or services.
SOCIETE MARITIME SANARYENNE reserves the right to modify its prices at any time, provided, however, that the price listed on the order form issued to the buyer on the date of the order will be the only price applicable to the buyer. The prices indicated include order processing fees, round-trip transportation, and catering services if included in the cruise ordered by the buyer. However, they do not include snack/bar service, which is an additional charge, with the exception of the 'aperitif and sunset' product.
If a quote is to be provided to a private professional buyer or client, the price will be communicated to them when the quote is sent or when the reservation is made. This price would be the overall price of the service provided by the carrier SOCIETE MARITIME SANARYENNE.
ARTICLE 5: Rights and Obligations of the Carrier SOCIETE MARITIME SANARYENNE
5.1- Obligations of the Carrier SOCIETE MARITIME SANARYENNE:
The carrier SOCIETE MARITIME SANARYENNE, which receives the reservation for a customer via the buyer, undertakes to be liable for any breach of any of these obligations, which it is required to fulfill diligently, particularly ensuring the safety of the customers. It is responsible for the proper execution of the cruise, except in cases of force majeure, unforeseen circumstances, or acts of third parties unrelated to the provision of the services provided for in the contract. It undertakes to equip the boat in a seaworthy condition and to insure the boat and its crew against navigational risks at its own expense.
5.2- Liability Limitation Clauses:
The carrier, SOCIETE MARITIME SANARYENNE, disclaims all liability for the loss, damage, or theft of customer belongings during the trip.
ARTICLE 6: Customer Rights and Obligations
The customer agrees not to carry any additional persons or alcoholic beverages on board, and not to carry any goods prohibited by law, including weapons and narcotics.
ARTICLE 7: Booking and Payment Terms
7.1- Booking via the website:
A buyer wishing to purchase a service (cruise) must:
Complete the 'Customer Information' form, providing all requested contact information.
Complete the online booking form, specifying the number of customers according to the category and the chosen cruise.
Confirm the reservation after reviewing it.
Request payment of the balance from the customer under the conditions stipulated on the booking coupon, printed or emailed by the buyer and given to the customer, which will serve as booking confirmation and must be provided before the customer embarks on the CROIX DU SUD V, provided that the customer has paid the amount due to SOCIETE MARITIME SANARYENNE before embarking. A ticket given by the buyer to the customer also serves as booking confirmation under certain conditions (partners authorized to sell cruises).
Confirmation of the reservation implies acceptance of these terms and conditions of sale, acknowledgment of full knowledge of them, and a waiver of the right to rely on one's own booking conditions or other conditions. All data provided and the recorded and printed confirmation will constitute proof of the transaction. Confirmation will constitute signature and acceptance of the transactions carried out.
7.2- Reservation by email:
After acceptance of the quote by the buyer or professional client, the latter must comply with the following payment conditions:
30% deposit at the time of booking
Balance upon boarding or on invoice after departure
7.3- Default of payment:
Failure to pay the above-mentioned due date will automatically result in the cancellation of the service (cruise).
ARTICLE 8: Cruise Cancellation Conditions
8.1- Cancellation at the initiative of the carrier SOCIETE MARITIME SANARYENNE:
The cruise is subject to a minimum number of guests. If this minimum number is not reached at least 12 hours before departure, the cruise will be automatically canceled. The customer will receive an immediate refund of all amounts paid* via the buyer who booked the cruise, or the customer will be able to postpone their cruise to a later date. The minimum number of guests depends on the type of cruise.
Excursions may be canceled without notice due to adverse weather conditions or technical issues. In this case, the excursion will either be postponed or fully refunded*.
*In the case of reservations using a gift voucher or gift card, the voucher, as stated at the time of purchase, will not be refundable. However, it may exceptionally be extended upon request.
8.2- Cancellation initiated by the buyer or customer:
In the event of cancellation by the buyer or customer not covered by their insurance, the carrier SOCIETE MARITIME SANARYENNE will retain a portion of the amounts already paid as a penalty against the buyer or customer. The amount of the penalty will be determined based on the cancellation date of the trip:
More than 3 months before departure: 25% of the price
Less than 3 months and more than 40 days before departure: 50% of the price
Less than 40 days before departure: 100% of the price
ARTICLE 9: Warranty
SOCIETE MARITIME SANARYENNE, in the online booking process, is bound only 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 10: 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 for any purpose whatsoever, even partially, elements of the website, whether software, visual, or audio. Any simple or hyperlink is strictly prohibited without the express written consent of SOCIETE MARITIME SANARYENNE.
ARTICLE 11: Personal Data
In accordance with the French Data Protection Act of January 6, 1978, personal information relating to buyers may be subject to automated processing. SOCIETE MARITIME SANARYENNE reserves the right to collect information about buyers and customers, including through the use of cookies, and, if it so wishes, to share the collected information with 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 website users' email addresses, was declared to the CNIL on March 10, 2008, registered under number 1281857.
ARTICLE 12: Archiving – Proof
SOCIETE MARITIME SANARYENNE will archive booking coupons and (professional) invoices on a reliable and durable medium constituting a true 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, bookings, payments, and transactions between the parties.
ARTICLE 13: Dispute Resolution, Jurisdiction Clause
These online booking conditions are subject to French law. The courts of TOULON shall have exclusive jurisdiction in the event of any dispute of any nature or contestation relating to the formation or execution of the booking. This clause applies even in the event of summary proceedings, incidental claims, or multiple defendants, and regardless of the method and terms of payment.
Société Maritime Sanaryenne
SIRET : 40510912500030