GENERAL TERMS AND CONDITIONS OF SALE OF DUCK ISLAND

⚠️ IMPORTANT INFORMATION & CONDITIONS

• Booking confirmation received at time of reservation
• Not wheelchair accessible
• Not suitable for people who cannot walk/move independently
• Children must be accompanied by an adult
• Not recommended for travelers with back problems
• Boat ride may be bumpy depending on sea conditions
• Food & drinks not included (optional on the island)
• Please bring: swimsuit, towel, sunscreen, hat, sunglasses

1. REGISTRATION AND PAYMENT

The General Terms and Conditions of Sale are deemed read and accepted upon receipt of the first payment (including deposit) or upon online registration via our website. Registration then becomes effective.

In accordance with Article L.121-20-4 of the French Consumer Code, customers registering for a service do not benefit from the seven-day withdrawal period.

1.1 Payment Methods

Online payment via our website.

1.2 Booking Terms

1.2.1 Online Booking

Prior to any reservation, the client agrees to complete the required information on the website and confirms that the information provided is accurate and truthful.

After selecting the services to be booked, the reservation process includes entering credit card details, reviewing and accepting the General Terms and Conditions and the specific pricing conditions before confirming the booking, and finally validating the reservation.

The booking platform operated by Ultinow acknowledges receipt of the reservation by sending a confirmation email without delay. In the case of online bookings, the confirmation email summarizes the contract offer, reserved services, prices, cancellation conditions related to the selected rate, booking date, after-sales service information, and the seller’s contact details for complaints.

For certain services booked online, full payment may be required at registration regardless of the booking date. 

1.2.2 Booking by Mail

Registration more than 30 days before departure: a deposit must be paid upon registration (as indicated in the Registration File). The balance must be paid no later than 7 days before departure.

Registration less than 7 days before departure: full payment is required.

2. CHANGES REQUESTED BY THE CLIENT

2.1 Cancellation

All cancellations must be notified by any means allowing proof of receipt. NAUTICA applies cancellation fees calculated on the total price including tax, depending on the cancellation date:

• More than 8 days before the activity: NO CHARGE

• Between 8 days and 72 hours before: 50% of the total amount

• Less than 72 hours before: 100% of the total amount

2.2 Change or Modification

Any change of service or date must be notified at least 30 days before departure. Requests made less than 30 days before departure are considered cancellations and subject to the cancellation policy above. No refund will be issued for unused services included in a package.

2.3 Modification During the Activity

Any program modification requested by a participant requires approval from the guide and the group. Any additional costs incurred will be charged to the participant.

2.4 Transfer of Contract

If the booking is transferred to a third party, NAUTICA must be informed at least 7 days before departure.

2.5 Interruption of Service

Any service interrupted by the participant (for health reasons, insufficient level, or other reasons) does not entitle the participant to a refund for unused services. Additional costs incurred will not be reimbursed. Services not used following medical repatriation cannot be refunded.

3. CHANGES MADE BY NAUTICA

3.1 Cancellation

• Insufficient participants: If the minimum of 4 participants is not reached, the activity may be cancelled up to the departure day. The client will be informed by email or phone and may choose between a full refund or rescheduling. No compensation will be granted.

• Severe weather conditions: The client will be informed as soon as possible and may choose between a refund or rescheduling. No compensation will be granted.

• Force majeure: unforeseeable and unavoidable events such as war, political unrest, strikes, riots, severe weather, natural disasters, etc.

Only the NAUTICA guide in charge may cancel for safety or weather reasons. Participants cannot cancel without incurring cancellation fees as per section 2.1.

3.2 Modifications Before Departure

Routes, programs, or boarding locations may be modified for weather reasons. The guide may adapt the itinerary at any time to ensure safety and optimal navigation conditions. No cancellation with refund will be possible in this case.

3.3 Modifications During the Activity

For safety or organizational reasons (weather or group level), programs and itineraries may be modified without prior notice. NAUTICA may cover additional services or refund the price difference, except in cases of force majeure.

3.4 Interruption

The guide may interrupt the activity for justified reasons (safety, insufficient level, weather). Unless due to force majeure, NAUTICA will refund the price difference between planned and provided services.

4. LIABILITY

4.1 Civil Liability

NAUTICA holds professional civil liability insurance. However, this does not replace the participant’s individual civil liability insurance.

4.2 External Events

NAUTICA cannot be held responsible for non-performance due to:

• incidents attributable to the participant (lateness, absence, risky behavior, etc.)

• incidents caused by third parties

• force majeure

4.3 Safety Rules

Activities take place in natural environments (sea and land). Participants must strictly follow safety instructions given by the guide. NAUTICA reserves the right to exclude any participant whose behavior endangers the group, without compensation.

4.4 Prerequisites

Each participant confirms they can swim and have the required physical condition and technical level. NAUTICA is not responsible for insufficient physical ability revealed during the activity.

4.5 Minors

Minors are accepted provided their age and physical ability allow participation under normal conditions. Unless the activity is specifically for minors, they must be accompanied by a parent or authorized adult.

4.6 Transport and Accommodation

NAUTICA is not responsible for losses related to transport tickets or accommodation booked by the client in case of cancellation or modification. Clients are advised to book flexible or refundable options.

5. EQUIPMENT

5.1 Equipment Provided

Equipment provided by NAUTICA is listed on the product page or registration file. Participants are responsible for it during the activity. Damage may result in repair or replacement costs. Personal insurance coverage is recommended.

Participants may use their own equipment under their own responsibility without any price reduction.

5.2 Equipment to Bring

Required equipment is listed on the product page. Participants are responsible for checking their personal equipment.

6. PRICES

6.1 Prices and Payment

Prices include transport, navigation equipment rental or loan, and related equipment.

Additional costs (accommodation, meals, some transport) are detailed in registration documents and may be billed directly by providers or managed through a shared fund.

Prices are calculated based on economic conditions at the time of publication. They are confirmed at registration and may be subject to change. Promotions are neither cumulative nor retroactive.

Online payments are secured via ultinow.com / stripe.com. In case of card refusal, the client must contact their bank and the establishment. Prepaid amounts (deposits) are charged at the time of booking.

6.2 Small Group Supplement

To avoid cancellation due to insufficient participants, NAUTICA may offer departure with a small group supplement. The client may accept or refuse. If refused, sums paid will be refunded.

7. PRIVACY POLICY

Personal data is processed only by NAUTICA and online payment providers. Data is not transmitted to third parties. Online payments require transmission of bank details to Stripe and the establishment’s bank. Data may be transferred internationally where data protection laws differ.

Clients have the right to access and correct their personal data under French Law No. 78-17 of January 6, 1978. Requests must be sent to:
NAUTICA – 19 Rue de Liège prolongée villa 2 – 98800 Nouméa, New Caledonia.

8. DISPUTES

8.1 Claims

Any claim must be sent by registered letter within 1 month after return, with supporting documents, to:
NAUTICA – 15 rue Alfred Rambaud – 98800 Nouméa – New Caledonia.

8.2 Jurisdiction

Subject to the claimant’s legal standing, any dispute falls under the exclusive jurisdiction of the Nouméa District Court.