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THESE ARE THE TERMS AND CONDITIONS, WHICH APPLY TO YOUR DAY TRIP. PLEASE READ THEM CAREFULLY AS YOU WILL BE BOUND BY THEM. The day trip featured on this website is offered for sale by MARY D ENTERPRISES hereinafter referred to as the “Company”. In the Conditions (as defined below) the following expressions shall have the meanings defined hereunder:

  • “Booking” means the steps taken by the passenger to enter into a Contract with the Company.
  • “Booking Terms & Conditions” means the terms and conditions and the information contained in the relevant Company brochure and/or other information which will form the express terms of your contract with the Company.
  • “Company” means. MARY D ENTERPRISES whose registered address is 1 bis rue Dame Lechanteur, Baie de l’Orphelinat, 98800 Noumea, New Caledonia, who organizes day trips to Amedee Island.
  • “Contract” means the contract concluded between the Company and the Passenger relating to the day trip which is evidenced by the issue of the confirmation invoice sent by the Company or its Sales Agent to the passenger.
  • “Day trip” means the day trip or package as described in the relevant Company brochure or other documentation produced for or on behalf of the Company.
  • “Disabled Person” or “Person with Reduced Mobility”: means any person whose mobility when using transport is reduced as a result of any physical disability (sensory or musculoskeletal, permanent or temporary), intellectual or psychosocial disability or impairment, or any other cause of disability or impairment or as a result of age, and whose situation needs appropriate attention and adaptation to his/her particular needs for the services made available to all passengers.
  • “Force Majeure” means any unforeseeable and unpredictable event out of the Company’s control including Acts of God (such as, floods, earthquakes, storms, hurricanes or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, riots, civil disturbances, industrial disputes, natural and nuclear disasters, fire, epidemics, health risks, nationalization, government sanction, blockage, embargo, labor disputes, strikes, lockout or interruption or failure of electricity or telephone service and/or any unforeseen technical problems with transport including changes due to rescheduling or cancellation or alteration of flights, closed or congested airports or ports .
  • “Package” means the return trip to Amedee Island, the proposed activities, the meals, the table drinks and the show. It does not include the extra activities or products offered on the island.
  • “Passenger” means each and every person named either on the Booking confirmation or on the invoice or on a ticket issued by the Company
  • “Sales Agent” means the person who sells or offers for sale the day trip or Package put together by the Company, or on behalf of the Company.

1. BOOKING PROCEDURE
2. CONTRACT
3. PRICES AND PRICE GUARANTEE
4. ONLINE PURCHASES
5. PROMOTIONS
6. PASSENGER IDENTITY
7. FITNESS TO TRAVEL
8. DISABLED PERSONS AND PERSONS WITH REDUCED MOBILITY
9. FOOD ALLERGIES
10. FOOD ALLERGIES
11. CANCELLATION BY THE COMPANY
12. THE COMPANY’S LIABILITY
13. PASSENGER’S RESPONSIBILITY
14. COMPLAINTS
15. DATA PROTECTION
16. SMOKING POLICY
17. LAW AND JURISDICTION
18. ERRORS, OMISSIONS AND CHANGES
19. USE OF WEBSITE.

1. BOOKING PROCEDURE

1.1 In order to proceed with a Booking, the Passenger must contact the Company by telephone, email, via his/her hotel or go in person to the Company’s sales agency. He/she can also make a booking on the Company’s internet site.

1.2 By booking for the day trip or Package, the person making the booking confirms, agrees and accepts that all persons named in the Booking request and on the invoice have agreed to be bound by the Booking Conditions and that he/she has authority to accept these Booking Conditions on behalf of all the persons named on the Booking request and invoice.

1.3 A Booking will be completed and the Contract will be effective only when the Company accepts the booking by sending a ticket confirmation to the Passenger or to the Passenger’s Sales Agent. Any Client, who books online will receive a confirmation by email and will pick up his/her tickets at the time of boarding on the day of the excursion.

2. CONTRACT

2.1 Every day trip is subject to availability at the time of booking. No day trip shall be possible until the full amount is paid and the confirmation ticket provided to the Passenger. For all online bookings the tickets will be picked up at the time of boarding on the day of the excursion.

2.2 Full payment is required no later than 48 hours prior to departure.

2.3 If the booking application is made less than 48 hours prior to departure, then full payment must be made.

3. PRICES AND PRICE GUARANTEE

The Company reserves the right to change the price of the excursions it offers at any time. The Company offers the day trip at different rates, such as student, senior, family tariffs. These tariffs are not available online, but the Company’s sales team will provide information on these offers to all Clients.

4. ONLINE PURCHASES

For all online purchases, whatever the date of the day trip, the Client must pay for his/her tickets via the secure online payment system ‘Paybox’. If for any reason the Company cannot confirm the availability of a certain daytrip, it will refund the purchase of the day trip tickets.

5. PROMOTIONS

At certain times of the year the Company can make special offers, the price of which is not shown in the Brochure. Such special offers and their respective conditions cannot be determined in advance. For all information regarding promotions Passengers should consult their travel/sales agency or the official Amedee Island website: www.amedeeisland.com. For all promotional prices, the ticket cannot be refunded, changed or transferred.

6. PASSENGER IDENTITY

Passengers wishing to benefit from the residents’ tariff must provide official identification when they purchase their tickets and when they board.

7. FITNESS TO TRAVEL

7.1 The safety of all Passengers is of paramount importance to the Company, hence all Passengers warrant that they are fit to travel by sea and that their conduct or condition will not impair the safety or convenience of the vessel and the other passengers, and that they can be carried safely in accordance with applicable safety requirements established by national law.

7.2 The Company has the right to require the Passenger to produce medical certificates supporting the fitness to travel and reserves the right to refuse boarding rights to any passenger who according to the Company is not fit to travel or whose medical condition could constitute a danger for him/herself or other passengers.

7.3 The Company expressly reserves the right to refuse boarding rights to any Passenger who appears to be in any advanced state of pregnancy and shall have no liability in respect of such refusal.

8. DISABLED PERSONS AND PERSONS WITH REDUCED MOBILITY

8.1 The Company provides an all-terrain wheel chair free of charge for disabled persons. This wheelchair allows disabled passengers and persons with reduced mobility to move around the whole of the island.

8.2 The Passenger is asked to provide full details at the time of booking if the Passenger is Disabled or has Reduced Mobility so that the necessary assistance can be organized.

8.3 If after careful assessing the Passenger’s specific needs and requirements, the Company concludes that the Passenger cannot be carried safely and in accordance with applicable safety requirements then the Company can refuse to accept a booking or embarkation of a Disabled Person or Person with Reduced Mobility on the grounds of safety.

8.4 The Company reserves the right to refuse to carry any Passenger who in the opinion of the Company and/ or the Carrier is unfit for travel or whose condition may constitute a danger to themselves or others on the day trip on the grounds of safety.

9. FOOD ALLERGIES

Passengers are reminded that some foods may cause an allergic reaction in certain people due to intolerance of some ingredients. In order to inform passengers of the ingredients relevant signs are placed in front of each dish and specify if the dish contains gluten, peanuts, meat etc or not.

10. CANCELLATION BY THE PASSENGER

If the Client wishes to cancel or postpone the day trip, he/she should inform the Sales Agency. It will be necessary for the Client to return the tickets that he/she received at the time of booking. The Company will then reimburse the Client or postpone the day trip to another date chosen by the Client.

The Company does not charge a cancellation or modification fee except for special offers which are not refundable. This will always be specified to the Client at the time of booking. The Company cannot refund, change or transfer any ticket purchased online.

11. BOOKING CHANGES EFFECTED BY THE COMPANY

The Company reserves the right to cancel or postpone the daytrip.

11.1 If for whatever reason, except for grounds regarding the Client, the Company cancels the day trip, the Company will offer to reimburse the Client according to its refund policy or to postpone the day trip.

11.2 If the Company cancels the day trip the Client will be reimbursed by the Sales or Travel Agency at the price actually paid by the client.

12. THE COMPANY’S LIABILITY

12.1 The Company is not responsible for any improper or non-performance which is:
a) wholly attributable to the fault of the Passenger.
b) the unforeseeable or unavoidable act or omission of a third party unconnected with the supply of any service to be provided under the Contract;
c) an unusual or unforeseeable circumstance beyond the control of the Company and/or anyone who supplies services which form part of the Package the consequences of which could not have been avoided even if all due care had been exercised, including (but not limited to) an event of force majeure; or
d) an event which the Company and/or anyone who supplies services which form part of the day trip could not even with all due care have foreseen or forestalled.

12.2 The liability of the Company is excluded for claims arising out of loss or damage directly or indirectly occasioned by circumstances where performance and/or prompt performance of the Contract is prevented by reason of war, or threat of war, riot, civil strife, industrial dispute whether by the Company’s employees or others, terrorist activity or the threat of terrorist activity, failure of power supplies, health risks or epidemics natural or nuclear disaster, fire or adverse weather conditions or adverse sea states, Passenger’s suicide or attempted suicide or the Passenger’s deliberate exposure to unnecessary danger (except in an attempt to save human life), or the consequences of participating in an unusual and dangerous activity and any other circumstance of any nature whatsoever outside the Company’s control. The company is not responsible for any theft of personal belongings during the day trip.

13. PASSENGER RESPONSIBILITY

13.1 The Company will be under no liability whatsoever to any Passenger in respect of any breach or non-observance by any Passenger of the provisions of this clause and any Passenger shall indemnify the Company against any loss or damage occasioned to the Company or any of its suppliers by such breach or non-observance.

13.2 Passengers’ behavior must not affect and reduce the safety, peace and enjoyment of the day trip by other Passengers.

13.3 Passengers must not bring live animals, firearms, ammunition, explosives or flammable, toxic or dangerous substances, or any similar goods or articles onboard any vessel.

13.4 Passengers shall be liable for any damage suffered by the Company and/or the Carrier and/or any Supplier of any service that forms part of the Package as a result of the Passenger’s failure to comply with his contractual obligations. In particular, the Passenger shall be liable for all damages caused to the vessel or its furnishings and equipment, for injury or loss to other Passengers and third parties, and also for all penalties, fines and expenses attributable by the Passenger that the Company, Carrier or Supplier may be liable to pay.

14. COMPLAINTS

Any Passenger with a complaint whilst on the day trip must bring it to the attention of the Company within 1 month after the day trip.

15. DATA PROTECTION

In accordance with the Data Protection Act of 6 January 1978, certain passenger data are collected which are necessary for booking. The data are collected by the Sales Agent at the time of booking, transferred to the Company and used for the organization of the day trip. Passengers’ personal data can be collected on paper or by electronic means. The Client has the right to access, refuse or rectify all the data that concern him/her and can do so by contacting his /her Travel Agency or the Company, specifying his/her first and last names and his/her address.

16. SMOKING POLICY

16.1 The Company respects the needs and desires of all clients, and has carefully considered the subject of those who smoke and those who do not.
16.2 A designated smoking area is reserved for smokers and those who wish to use it.
16.3 Smoking is permitted on each ship, (indicated by signage).
16.4 Throwing cigarette butts over the side of the ship is prohibited.

17. LAW AND JURISDICTION

These Terms and Conditions are subject to French law. Any action, suit or proceedings against the company and/or the interpretation of this Contract will be brought in the Paris Commercial Court.

18. ERRORS, OMISSIONS AND CHANGES

Every effort has been made to ensure accuracy of the brochure content but certain changes and revisions may take place after the printing of the brochure. The Sales team will inform Clients of any changes.

19. WEBSITE USE

The website is available on the basis of an ‘as-is’ service and is accessible according to availability. The Company is in no way liable if for maintenance operations or technical problems beyond its control, the User cannot access the website, or if the access is interrupted at any moment or if any technical failure prevents the Client from completing any operation. The Company does not guarantee that the website is free of computer viruses or other technical problems beyond its control. Every effort has been made to ensure accuracy of the website content but certain changes and revisions may take place in the description of the services and/or the prices between the publication and the release of the information. The information will be adjusted accordingly at the time of booking and confirmed by the order form. The Company makes a concerted effort to show photos which describe and illustrate the services offered on the website. The illustrative photos are intended solely to give an idea of the destination and are only indicative. The descriptive photos are intended to give an idea of the excursions that are offered.