Terms & Conditions
THESE TERMS APPLY TO YOUR DAY TRIP. PLEASE READ THEM CAREFULLY AS YOU WILL BE BOUND BY THEM.
The day trip offered for sale on www.amedeeisland.com is marketed by Mary D Enterprises (the “Company”). In these special terms, the following expressions have the meanings set out below:
- Booking
- Steps taken by the Passenger to enter into a Contract with the Company.
- Booking Terms & Conditions
- These general conditions together with the brochure and/or other information which form the express terms of your contract with the Company.
- Company
- Mary D Enterprises, 1 bis rue Dame Lechanteur, Baie de l’Orphelinat, 98800 Nouméa (NC), which organizes the day trip to Amédée Islet and Petit Train excursions.
- Conditions of Carriage
- Provisions applicable under the laws of the Company’s country relating to carriage by sea.
- Contract
- The contract concluded between the Company and the Passenger for the day trip, evidenced by the issue of a confirmation ticket sent by the Company (or its Sales Agents) to the Passenger.
- Day Trip (Excursion)
- The day trip or service as described in the brochure or other documentation produced by or on behalf of the Company.
- Disabled Person / Person with Reduced Mobility
- Any person whose mobility is reduced (due to disability, age, etc.) requiring appropriate attention and adaptation.
- Force Majeure
- An unforeseeable and unavoidable event beyond the Company’s control (natural disasters, war, strikes, outages, technical issues, airport/port closure or congestion, etc.).
- Package
- Return trip to Amédée Islet, proposed activities, meals, table drinks and the show. It does not include optional activities sold on the islet.
- Passenger (Client)
- Any person named on the booking confirmation, the invoice, or on a ticket issued by the Company.
- Sales Agent
- Any person who sells or offers for sale the Package or Day Trip arranged by or on behalf of the Company.
1. BOOKING PROCEDURE
1.1 To make a Booking, the Client must contact us by phone, by email, or go directly to our sales office located at Galerie du Palm Beach.
1.2 By booking a Day Trip, the person making the booking confirms and accepts that all persons listed in the booking request and on the invoice agree to these Booking Conditions and that he/she is authorized to accept them on behalf of all persons named on the booking request and invoice.
1.3 The booking is complete and the Contract becomes effective only once the Company has accepted the Booking by sending a confirmation ticket to the Client or to the Client’s Travel Agent.
1.2 By booking a Day Trip, the person making the booking confirms and accepts that all persons listed in the booking request and on the invoice agree to these Booking Conditions and that he/she is authorized to accept them on behalf of all persons named on the booking request and invoice.
1.3 The booking is complete and the Contract becomes effective only once the Company has accepted the Booking by sending a confirmation ticket to the Client or to the Client’s Travel Agent.
2. CONTRACT
2.1 A contract can only be concluded subject to the availability of places on the relevant Day Trip at the time of booking. The ticket allowing you to travel will be issued upon full payment of the price.
2.2 Full payment must be made no later than 48 hours before the Day Trip date.
2.3 If the booking is made within 48 hours prior to the Day Trip, full payment is required at the time of booking.
2.2 Full payment must be made no later than 48 hours before the Day Trip date.
2.3 If the booking is made within 48 hours prior to the Day Trip, full payment is required at the time of booking.
3. PRICES AND PRICE GUARANTEE
The Company reserves the right to modify, at any time, the price of the excursions it offers.
4. ONLINE PURCHASES
Online ticket purchases are available. However, such tickets are non-refundable. They may be changed under certain conditions: a minimum of 24 hours’ notice prior to the Day Trip date (please contact our office by email or phone).
5. PROMOTIONS
During the year, the Company may launch promotions whose price is not listed in the brochure. It cannot be determined in advance if and under what conditions such promotions will be sold. For information, please check with your travel agency or the official website www.amedeeisland.com. For all promotional fares, tickets are non-transferable, non-refundable and non-changeable.
6. PASSENGER IDENTITY
To benefit from resident fares, you must present valid ID both at payment and on the Day Trip.
7. FITNESS TO TRAVEL
7.1 The safety of all Clients is paramount: all Clients warrant they are fit to travel by sea; that their conduct or condition will not impair the safety or comfort of the vessel and other passengers; and that they can be carried safely in accordance with applicable national safety requirements.
7.2 The Company may require medical certificates confirming fitness to travel and may refuse boarding to any Client who, in the opinion of the Company and/or the Carrier, is unfit or whose condition could endanger themselves or others during the Day Trip.
7.3 The Company reserves the right to refuse boarding to any Client in an advanced state of pregnancy and accepts no liability for such refusal.
7.2 The Company may require medical certificates confirming fitness to travel and may refuse boarding to any Client who, in the opinion of the Company and/or the Carrier, is unfit or whose condition could endanger themselves or others during the Day Trip.
7.3 The Company reserves the right to refuse boarding to any Client in an advanced state of pregnancy and accepts no liability for such refusal.
8. DISABLED PERSONS AND PERSONS WITH REDUCED MOBILITY
8.1 Mary D provides an all-terrain wheelchair enabling movement across the islet for persons with reduced mobility.
8.2 Please inform our sales team of your disability when booking so that appropriate assistance can be arranged.
8.3 After carefully assessing the Client’s specific needs and requirements, if the Company concludes that the Client cannot be carried safely and in accordance with applicable safety requirements, the Company may refuse to accept a booking or to embark a disabled person/person with reduced mobility on safety grounds.
8.4 The Company reserves the right to refuse carriage if, in the opinion of the Company and/or the Carrier, transport is impossible or if safety so requires, particularly where there is a danger to the Passenger or to others during the Day Trip.
8.2 Please inform our sales team of your disability when booking so that appropriate assistance can be arranged.
8.3 After carefully assessing the Client’s specific needs and requirements, if the Company concludes that the Client cannot be carried safely and in accordance with applicable safety requirements, the Company may refuse to accept a booking or to embark a disabled person/person with reduced mobility on safety grounds.
8.4 The Company reserves the right to refuse carriage if, in the opinion of the Company and/or the Carrier, transport is impossible or if safety so requires, particularly where there is a danger to the Passenger or to others during the Day Trip.
9. FOOD ALLERGIES
Please note some foods may trigger allergic reactions due to ingredient intolerances. To inform passengers, signs are displayed in front of each buffet dish indicating whether it contains gluten, peanuts, meat, etc.
10. CANCELLATION BY THE CLIENT
If you wish to cancel or postpone your Day Trip, please contact our office at least 24 hours before the Day Trip date on 26.31.31 or by email at info@mary-d.nc to inform us. Changes/postponements are possible if the 24-hour notice is respected. Otherwise, the ticket will be neither changeable nor refundable.
The Company does not charge a modification fee. This will always be specified at the time of booking.
The Company does not charge a modification fee. This will always be specified at the time of booking.
11. CANCELLATION BY THE COMPANY
The Company reserves the right to cancel or postpone the Day Trip.
11.1 If, before departure and for any reason other than a reason attributable to the passenger, the Company cancels the Day Trip, the Company will offer either a refund according to its procedures or a postponement to another date.
11.2 If the Company cancels, the Travel Agency will refund the amount actually paid and received by the Company.
11.1 If, before departure and for any reason other than a reason attributable to the passenger, the Company cancels the Day Trip, the Company will offer either a refund according to its procedures or a postponement to another date.
11.2 If the Company cancels, the Travel Agency will refund the amount actually paid and received by the Company.
12. COMPANY’S LIABILITY
12.1 The Company cannot be held liable for any error or non-performance that is:
- a) attributable to a fault of the Client;
- b) an unforeseeable and unavoidable act or omission by a third party unconnected with the provision of services under the Contract;
- c) an unusual and unforeseeable circumstance beyond the control of the Company and/or any supplier forming part of the Package, the consequences of which could not have been avoided despite all due care (including but not limited to force majeure); or
- d) an event that the Company and/or any service supplier involved in the Day Trip could not foresee or prevent despite all due care.
13. CLIENT RESPONSIBILITIES
13.1 The Client must follow the instructions and orders of the Captain and crew. The Client hereby agrees that the Captain and crew are authorized to search any person, cabin, luggage and personal effects on board for safety or other lawful reasons.
13.2 The Client expressly authorizes such searches.
13.3 The Company and/or the Captain reserve the right, at their absolute discretion, to refuse boarding or to require disembarkation of any Client for the safety of the Client, other Clients, or the vessel, or if the Client’s conduct is, in the Captain’s opinion, likely to endanger or compromise the comfort and well-being of passengers on board.
13.4 The Company shall have no liability to any Client for any breach or non-observance of this clause by Clients; any Client shall indemnify the Company for losses/damages caused to the Company or its suppliers by such breach/non-observance.
13.5 Client behavior must not compromise or reduce the safety, tranquility or enjoyment of other Clients during the excursion.
13.6 Clients must not bring live animals, firearms, ammunition, explosive or flammable products, toxic or dangerous substances on board the vessel.
13.7 Clients are liable for any damage suffered by the Company and/or the Carrier and/or any Service Provider forming part of the Package resulting from the Client’s failure to comply with contractual obligations. In particular, Clients are liable for any damage to the vessel, furniture or equipment, for injury or loss to other passengers and third parties, as well as for penalties, fines and costs attributable to the Client that the Company, Carrier or Provider may have to pay.
13.2 The Client expressly authorizes such searches.
13.3 The Company and/or the Captain reserve the right, at their absolute discretion, to refuse boarding or to require disembarkation of any Client for the safety of the Client, other Clients, or the vessel, or if the Client’s conduct is, in the Captain’s opinion, likely to endanger or compromise the comfort and well-being of passengers on board.
13.4 The Company shall have no liability to any Client for any breach or non-observance of this clause by Clients; any Client shall indemnify the Company for losses/damages caused to the Company or its suppliers by such breach/non-observance.
13.5 Client behavior must not compromise or reduce the safety, tranquility or enjoyment of other Clients during the excursion.
13.6 Clients must not bring live animals, firearms, ammunition, explosive or flammable products, toxic or dangerous substances on board the vessel.
13.7 Clients are liable for any damage suffered by the Company and/or the Carrier and/or any Service Provider forming part of the Package resulting from the Client’s failure to comply with contractual obligations. In particular, Clients are liable for any damage to the vessel, furniture or equipment, for injury or loss to other passengers and third parties, as well as for penalties, fines and costs attributable to the Client that the Company, Carrier or Provider may have to pay.
14. COMPLAINTS
For any complaint during the Day Trip, Clients must contact the Company within one month after the Day Trip.
15. DATA PROTECTION
In accordance with French law n° 78-17 of January 6, 1978 (“Informatique et Libertés”), passenger data necessary for booking are collected. They are gathered by the sales agent at the time of booking, transmitted to the Company and used for service management. Personal data may be collected on paper or electronically. Clients have rights of access, objection and rectification regarding their data, which may be exercised through their travel agency or the Company, specifying full name and address.
16. SMOKING POLICY
16.1 Mary D Enterprises respects the needs and wishes of every client; we have carefully considered both smokers and non-smokers.
16.2 In the restaurant, a designated smoking area is reserved for those who wish to use it.
16.3 Smoking is permitted on each vessel (smoking area indicated by signage).
16.4 Throwing cigarette butts overboard is strictly prohibited.
16.2 In the restaurant, a designated smoking area is reserved for those who wish to use it.
16.3 Smoking is permitted on each vessel (smoking area indicated by signage).
16.4 Throwing cigarette butts overboard is strictly prohibited.
17. LAW AND JURISDICTION
This Contract is governed by French law. Any dispute arising from the interpretation or performance of this Contract shall be brought before the courts within the jurisdiction of the Paris Commercial Court.
18. ERRORS, OMISSIONS AND CHANGES
While every effort has been made to ensure the accuracy of the brochure, certain changes and revisions may be required after printing. The sales team will inform you of any such changes.
19. WEBSITE USE
The website is provided “as is” and is accessible subject to availability. MARY D ENTERPRISES is not liable if, due to website maintenance or reasons beyond its control, the user cannot access the site, access is interrupted at any time, or any failure beyond its control prevents operations from being completed. MARY D ENTERPRISES does not guarantee the site is free of computer viruses or other anomalies beyond its control.
The information on the site is prepared with the greatest care. However, errors may occur in the description of services and/or prices between publication and dissemination. Corrections will be made at the time of booking and confirmed on the order form. MARY D ENTERPRISES makes every effort to provide illustrative or descriptive photos of the services listed on the site. Illustrative photos are intended only to evoke the destination and are indicative only. Descriptive photos are intended to give an overview of the excursions offered.
The information on the site is prepared with the greatest care. However, errors may occur in the description of services and/or prices between publication and dissemination. Corrections will be made at the time of booking and confirmed on the order form. MARY D ENTERPRISES makes every effort to provide illustrative or descriptive photos of the services listed on the site. Illustrative photos are intended only to evoke the destination and are indicative only. Descriptive photos are intended to give an overview of the excursions offered.