Terms & Conditions

DEFINITION OF PARTIES

When reading the general sales conditions below, the trade name NOMAD – AVENTURE CATAMARAN is necessarily associated with the SASU SUPERS EVENTS, registered with the RCS of Cannes under n°845 133 792, whose registered office is located at Ex & Co Buro – 1185 chemin des Campelières, 06250 Mougins, represented by Mr Stevens Jallet, president of the SASU, telephone: 06 61 68 06 61, e-mail info@supers.fr.

Hereinafter the “Seller” or the “Company” or “NOMAD – Aventure catamaran”.

On the one hand,

And the individual or legal entity purchasing the company’s products or services,

Hereinafter, “the Buyer”, or “the Customer(s)”.

1. GENERAL PROVISIONS

These General Terms and Conditions of Sale (GTCS) apply to all sales of Products or Services made through the Company’s website and form an integral part of the Contract. The Company reserves the right to modify these terms and conditions at any time by publishing a new version on its website. The terms and conditions then applicable are those in force on the date of payment (or of the first payment in the case of multiple payments) of the order. These GCS can be consulted on the Company’s website at the following address: https: //www.nomadcatamaran.com. The Company also ensures that their acceptance is clear and unreserved at the time of purchase.

The Customer declares that he/she has read the present General Terms and Conditions of Sale in their entirety and accepts them without restriction or reservation. The Customer acknowledges that he/she has received the necessary advice and information to ensure that the offer meets his/her needs. The Customer declares that he/she is legally capable of entering into a contract under French law, or that he/she validly represents the individual or legal entity on whose behalf he/she is entering into a contract. In the absence of proof to the contrary, the information recorded by the Company constitutes proof of all transactions.

2. PRODUCTS AND SERVICES

All NOMAD- Aventure catamaran products and services are subject to weather conditions and may be cancelled by the Vendor. The Vendor undertakes to postpone the service or to refund the Customer in full in the event of the subsequent unavailability of one or both parties.

The essential characteristics of the goods, services and their respective prices are made available to the customer on the company’s website and its various promotional tools (e.g. flyers, etc.). The customer confirms having received the terms of payment and performance of the service.

This contractual information is presented in detail and in French and English. In accordance with French law, they are summarized and confirmed when the order is validated. Except in the case of special conditions, the rights granted hereunder are solely those of the natural person signing the order (or the holder of the e-mail address communicated).

3. CONDITIONS OF USE OF THE WEBSITE

To use the Reservation Area, the Customer must be at least 18 years of age, be legally capable of entering into a contract and use this site in accordance with these General Terms and Conditions.

The Customer is financially responsible for the use of the site both on his/her own behalf and on behalf of third parties, including minors, unless fraudulent use resulting from no fault or negligence on your part can be demonstrated. You also guarantee the truthfulness and accuracy of the information provided by yourself or any third party using your data on this site.

The company cannot be held liable for any failure, breakdown, difficulty or interruption in operation, preventing access to the site or any of its functions.

The equipment used by the Customer to connect to the site is under the Customer’s sole responsibility. The customer must take all appropriate measures to protect his equipment and his own data, in particular from viral attacks via the Internet.

4. CONCLUDING A CONTRACT ONLINE

The Customer must follow a series of steps specific to each Product or Service offered for sale by the Vendor in order to complete the order or reservation.

However, the steps described below are systematic: – Information on the essential characteristics of the Product or Service; – Choice of the Product or Service, where applicable of its options and indication of the Customer’s essential data (identification, address, etc.); – Acceptance of these General Terms and Conditions of Sale. – Verification of order details and correction of any errors. – Follow-up of payment instructions, and payment of product(s) or service(s). – Delivery of products where applicable.

The Customer will then receive an e-mail confirming payment for the order, as well as an order acknowledgement confirming receipt of the order.

In order for the order to be processed correctly, the Customer undertakes to provide truthful identification details. The Vendor reserves the right to refuse the order, for example in the case of any abnormal request, made in bad faith or for any legitimate reason.

5. FINANCIAL CONDITIONS

1. Price list

The prices of products and services sold are indicated in euros, inclusive of all taxes (VAT + any other taxes), and are precisely determined on the booking page.

Any telecommunication costs incurred in accessing the Company’s websites shall be borne by the Customer.

The Company reserves the right to modify its prices at any time, the prices displayed on the website being authoritative.

In the event of incomplete or non-existent payment, for a reason attributable to the customer, the sale of these services will be cancelled, the resulting costs being borne by the customer, who may be subject to civil and/or criminal proceedings.

2. Payment terms.

The customer has two options when booking online:

• The customer pays the balance of the service at the time of booking.
• The customer pays a deposit of between 30% and 50% at the time of booking. An email will be sent to the Customer, at the latest 5 days before the start of the service, to pay the balance.

No boarding will take place unless full payment is received prior to departure.

3. Payment on the website

Payment is due online and must be made before the start of the service. The customer pays by credit card.

Secure online payment by credit card is carried out by our payment service provider. The information transmitted is encrypted in accordance with current regulations and cannot be read during transport over the network. Once payment has been made by the customer, the transaction is immediately debited once the information has been verified. In accordance with the provisions of the French Monetary and Financial Code, the commitment to pay by card is irrevocable.

By providing his/her bank details at the time of sale, the Customer authorizes the Company to debit his/her card for the amount relating to the price indicated. The Customer confirms that he/she is the legal holder of the card to be debited and that he/she is legally entitled to use it.

In the event of an error, or if it is impossible to debit the card, the sale is immediately cancelled and the order cancelled.

4. Direct booking payment

In the case of bookings made via a channel other than the website (Whatsapp, e-mail, telephone), the Company provides the Customer with bank details for payment by bank transfer, or a secure payment link via our payment service provider for payment by credit card. Bank details are not recorded or stored. Once payment has been made, the reservation is definitively validated.

6. TOUR CONDITIONS

Smoking is strictly forbidden on board, but vaping is permitted.

The illicit use of narcotics and CBD is also prohibited.

The Company reserves the right to disembark the Customer(s) immediately at the nearest port, without this entailing any reimbursement of any kind whatsoever and/or to notify the competent authorities.

1. boarding

The customer must be present at the scheduled boarding time. No refund can be demanded from the company if the customer is late.

In the event of NOMAD – Aventure catamaran’s delay, the Company will systematically offer the Customer the possibility of extending the time impacted on the end of the excursion.

2. Itineraries

Excursion itineraries are defined and selected in advance, at the time of booking, and depart from the Company’s home port.

For day itineraries (9:00 am – 5:00 pm), sunset itineraries (1:30 pm – 9:30 pm), 3 choices are available:

• Discover the coast of the Estérel massif between Théoule sur mer and Cap Dramont, with at least 2 swimming stops.
• Discover the coast of the Estérel massif, from Théoule sur mer to Ile aux Vieilles and the Lérins islands, with at least one swimming stop in each area.
• Discover Cap d’Antibes and/or the Lérins Islands, with at least one swimming stop in each area.

For half-day itineraries (8:00am-12:00pm, 5:30pm-9:30pm), 2 options are available:

• Discover the coast of the Estérel massif between Théoule sur mer and Cap Roux, with at least one swimming stop.
• Discover the Lérins islands, with at least one swimming stop.

For any departure from another port, the itinerary will be studied and defined by the Company at the time of booking.

Nomad – Aventure catamaran reserves the right to modify the itineraries defined and selected in advance, or to cancel services in the event of poor weather conditions. Only the captain is authorized to judge sailing conditions, and is likely to cancel a maritime service. In the event of cancellation by the Company, the customer may be reimbursed.

3. Festive excursions

For festive outings (cocktails, parties, hen or stag nights, birthdays, team building, etc.), moderate alcohol consumption is permitted.

For reasons of passenger safety and comfort, cabin crew may limit or prohibit the consumption of alcohol.

The company may take all necessary steps, or impose constraints, on Customers who, because of their behaviour :

• endanger a person or member of staff,
• deface or damage property,
• prevent staff from carrying out their duties,
• fail to comply with the recommendations and instructions of staff members or the captain.

Nomad – Aventure catamaran reserves the right to disembark passengers who, due to their behavior, endanger the safety, tranquility or comfort of other passengers or staff members, without any refund of the service.

4. Swimming

Swimming is authorized during stopovers at the customer’s own risk. Under no circumstances may the loan of swimming equipment be considered as a supervised nautical activity. Passengers agree in all cases to abide by the rules and regulations on board the vessels, as established by Nomad – Aventure catamaran, and to submit to the orders of the captain and his attendants.

Swimming is unsupervised and under the passengers’ own responsibility. Minors remain under the responsibility of their attendant(s). Persons who cannot swim or who swim poorly should report this to the crew.

Nomad – Aventure catamaran provides customers with buoyancy aids.

The company accepts no responsibility for any incidents or personal injury that may occur during swimming.

5. Equipment loan

Nomad – Aventure catamaran provides the customer, free of charge, with equipment for the nautical and aquatic activities it offers (paddles, paddles, masks, snorkels, underwater scooters, fries, etc.); defective equipment does not entitle the customer to a refund or reduction of any kind.

The Company reserves the right to demand reimbursement of the equipment or to take legal action against any Customer who has wilfully damaged or defaced the equipment.

6. Personal object(s) or equipment

Customers may bring their own equipment (camera, smartphone, mask, snorkel, fins, etc.) at their own risk.

NOMAD – Aventure catamaran declines all responsibility for luggage, personal objects or equipment taken on board by the Customer, as well as for money, jewelry or other valuables left behind during excursions and any other activity offered by the Company, under the exclusive responsibility of their owners.

The Customer is obliged to declare, at the latest at the time of embarkation, to the Company through the captain, all sums, securities or valuables equal to or greater than €10,000.

7. Customer behavior on board

Passengers must remain seated during navigation. During embarkation and disembarkation, as well as on board, they must comply with the ship’s regulations and submit to the recommendations or instructions of the captain or his attendants.

The Company declines all responsibility for any bodily injury to passengers who fail to comply with this requirement, either on board or during embarkation or disembarkation operations.

Customers will be held responsible for any damage of any nature whatsoever that they may cause to themselves, or to other passengers, to third parties, or to the Company’s persons and property. The same applies to any damage of any kind whatsoever caused by persons or property in the Customers’ care.

8. Miners

Nomad – Aventure catamaran does not transport unaccompanied minors. They will embark and take part in excursions, water sports and aquatic activities under the exclusive responsibility of their accompanying adult(s).

Children under three years of age must wear a suitable lifejacket, which is not provided by the Company. Parents must inform the Company of their presence at the time of booking or before boarding.

9. Animals

Pets are not allowed on board.

7. CUSTOMER HEALTH STATUS

Customers must inform the Company of any contraindication or inaptitude that would prevent them from taking part in the services offered by the Company (nautical activities: sea excursions, water sports, swimming, snorkeling, etc.).

Customers embark under their own responsibility and cannot hold the Company liable in the event of bodily injury related to their state of health (disability, illness, etc.), either on board or during embarkation or disembarkation operations, or during water sports or aquatic activities. Passengers requiring special assistance for health reasons during the excursion or water sports activities (disabled, visually impaired, etc.) are invited to inform the Nomad – Aventure catamaran crew of their needs at the time of booking and at embarkation.

1. Pregnant women:

The Customer must inform the Company of the presence of any pregnant woman on board. Pregnant women may take part in a sea excursion at their own risk, subject to presentation to the Company of a medical certificate stating that they are not contraindicated to sea navigation.

The Company cannot be held responsible for any personal injury or any other incident related to pregnancy.

Should weather conditions not permit, the Company reserves the right to refuse boarding to any pregnant woman.

2. People with reduced mobility

Unfortunately, the NOMAD3 and NOMAD4 catamarans are neither accessible nor suitable for customers requiring wheelchairs.

3. Children under 18 months :

The Customer is obliged to inform the Company of the presence of any child under 18 months of age. The Company reserves the right to refuse boarding to children under 18 months of age if weather conditions do not permit.

4. Bodily injury(ies)

Any damage incurred during excursions or water sports activities must be reported by the customer before leaving the ship.

In the event of damage to their person and/or property (personal items, etc.), Customers must report it to the ship’s staff. The Company will draw up a joint report in the presence of the passenger(s) concerned before leaving the ship.

Failure to comply with this requirement will result in passengers being presumed to have disembarked safe and sound and their belongings in good condition.

The Company declines all liability, except in the cases provided for in Articles L5421-2 et seq. of the French Transport Code, for personal accidents occurring during navigation, excursions or nautical and aquatic activities, or during embarkation or disembarkation operations, either at ports of departure or destination, or at ports of call, or at sea during swimming.

8. CANCELLATION POLICY

1. Cancellation by the customer :

The customer may cancel any booking free of charge up to 72 hours before departure. The customer will be reimbursed in full by the same means used to make the reservation within a few days of confirmation by the Company. Within this period, the customer may request a postponement of the reservation, which the Company reserves the right to accept or refuse.

In spite of these respective deadlines, the Customer will be reimbursed in the form of a credit note to be used as a gift voucher on the website in order to program a new reservation within 18 months.

No refunds for bad, rainy or cloudy weather.

No refunds for illness of one of the passengers.

2. Cancellation by Nomad – Aventure catamaran :

In the event of cancellation by the Company, for any reason whatsoever (damage, technical breakdown of the vessel, illness of the captain, bad weather conditions) which would prevent the excursion from taking place, the Customer will be fully reimbursed by the same means used at the time of booking within a few days of confirmation by the Company.

The customer will not be entitled to any compensation from the Company following the cancellation of his/her reservation by Nomad – Aventure catamaran.

9. CLAIMS

The customer may make any complaint by contacting the company by e-mail or by letter.

10. WARRANTIES AND LIABILITY

1. Website

NOMAD – Aventure catamaran does not warrant that the site will be free from defects, errors or bugs, or that defects, errors or bugs will be corrected, or that the site will operate without interruption or failure, or that the site is compatible with any equipment.

You declare that you are aware of the characteristics and limits of the Internet, in particular its technical performance, response times for consulting, querying or transferring data and the risks associated with the security of communications.

2. Excursion-related transport

It is governed by the laws of June 18, 1966, January 3, 1967 and December 23, 1986, as well as the related decrees. The carrier cannot be held responsible for any changes to the route, timetable or cancellation of departures due to force majeure, unforeseen circumstances or any other reason.

Once the ship has departed, no claims will be accepted regarding either the applicable fare or the route taken.

11. MAJOR FORCES

The performance of the Company’s obligations hereunder shall be suspended in the event of the occurrence of an act of God or force majeure which would prevent such performance. The Company will notify the customer of the occurrence of such an event as soon as possible.

12. RGPD AND PERSONAL DATA PROTECTION

The personal data collected on the www.nomadcatamaran.com website relates solely to the customer’s civil status (surname, first name, address, telephone number and e-mail address). No other data is collected.

This information is recorded in a computerized file by the Company. It is used to process reservations. It may also be used for any communication campaigns concerning the Company’s new products and services. The data collected is intended for use by the Company and will under no circumstances be communicated to third parties.

In accordance with the European regulation on the protection of personal data, you have the right to query, access, modify, oppose and rectify your personal data.

Visit www.cnil.fr for more information on your rights. To exercise these rights or if you have any questions about the processing of your data in this system, please let us know via the contact form, select the subject “privacy policy” and send us your request by email, specifying your contact details.

By agreeing to these terms and conditions, you consent to our collection and use of this data for the purpose of fulfilling this contract.

13. INTELLECTUAL PROPERTY RIGHTS

Trademarks, domain names, products, images, videos, texts or more generally any information subject to intellectual property rights are and remain the exclusive property of the Company. No transfer of intellectual property rights is made through these GTC. Any total or partial reproduction, modification or use of these assets for any reason whatsoever is strictly prohibited.

14. APPLICABLE LAW

The general terms and conditions of sale, and more generally the contract you enter into with NOMAD – Aventure catamaran, are governed by French law. Any dispute relating to their interpretation and/or performance shall be referred to the French courts.

15. PHOTOS AND ILLUSTRATIONS

NOMAD – Aventure catamaran makes every effort to provide photos and illustrations to give you an idea of the services selected. These photos are not contractual and do not bind the company to the services booked.