Terms of sales
Preamble
Article 1. Purpose
Article 2. Products – Services
Article 3. Prices
Article 4. Reservation
Article 5. Payment – Property
Article 6. Cancellation, postponement, interruption of the diving service Article 7. Responsibilities
Article 8. Security and personal effects Article 9. Website – Terms of use Article 10. Miscellaneous stipulations
Preamble
OUANALAO DIVE is a diving centre offering all activities related to scuba diving, with or without scuba. Its head office is located at Plage de Grand Cul de Sac Saint-Barthélemy, 97133, St. Barthelemy.
For the application of the present general conditions of sale and service – (hereinafter referred to as the “GCS”), it is agreed that OUANALAO DIVE and the persons ordering one or more Product(s) or Service(s), will be collectively referred to as the “Parties” and individually referred to as the or a “Party”, and more particularly for the EURL OUANALAO DIVE “OUANALAO DIVE” or the “Vendor”, and for the persons having placed an order, the “Buyer” or the “Customer”.
Article 1. Object:
Hereby, OUANALAO DIVE defines the GTC which are applicable to all commercial relations between the Seller and the Customers (individuals and groups).
The GTC, including the preamble, which together form an inseparable whole, apply to the exclusion of any other document, unless otherwise agreed by the Parties by way of special conditions of sale. They also govern all commercial operations offered by the Seller, such as in particular all forms of promotion, unless otherwise provided for in the terms and conditions attached to such commercial operations and specified by the Seller on such operations.
A version of the general terms and conditions of sale is available on the OUANALAO DIVE website (http://www.ouanalaodive.com/terms-of-sale).
Any reservation request to OUANALAO DIVE implies the acceptance of the present general conditions of sale. Any order of a Product or a Service implies the adhesion of the Buyer to the present GCS, without reserve, restriction, or condition, and declares of this fact to have taken knowledge of the contra-indications to the scuba diving and to be fit for its practice.
OUANALAO DIVE reserves the right to modify at any time, in whole or in part, the GCS by publishing a new version on its website, being specified that the applicable GCS are those in force at the date of the order. For all FFESSM/CMAS training, the Customer must present a medical certificate of no contraindication to the practice of scuba diving dating less than one year in accordance with the requirements of the delegating federation (the FFESSM).
This obligation does not apply to exploration dives or baptisms. For all SSI training, the Client must fill out a Training Record, a document provided at the time of registration.
A minor diver must be in possession of a parental authorization allowing him to dive in exploration or to carry out a diving training with OUANALAO DIVE.
If a diver has had a health problem (pulmonary and/or cardiac problems) during the year preceding the trip, he/she must also provide a medical certificate of non-contraindication.
Article 2. Products – Services
2.1 Availability
Only the Products and Services listed on the Website or on the legal notice boards on site on the day of their consultation by the Buyer are offered for sale by OUANALAO DIVE. The offers concerning the Products and Services are valid, within the limit of available stocks or opening dates, as long as they are visible or offered on the Website or the billboards.
The photographs, images or other reproductions presented on the Website as illustrations of the Products or Services offered are not contractual. The Buyer is invited to consult the description of each Product and Service to find out about its availability, characteristics and, if applicable, any other information relating to its conditions of use or employment.
The information relating to the Products and Services are likely to be modified by OUANALAO DIVE, at any time, and can be the subject of update, concerning the availability, between the moment when the Buyer takes note of it and his order.
OUANALAO DIVE makes every effort to ensure the accuracy of the information presented on the website whatever the form and content. However, in case of difference noted, especially on the prices, between the Website and the legal display on site, the information retained will be the one displayed or available on site at the dive centre.
2.2 Exploration dives
The price of the exploration dive includes:
– Transportation to the dive site by boat
– The supply of the belt and the ballast
– The supply of an inflated tank
– Rental of the instructor’s services for dives at the “supervised” rate or requiring supervision (baptism, exploration, training…)
– The supply of the rest of the equipment: wetsuit, fins, mask, vest, regulator, etc…
The price does not include:
– Supplements related to the characteristics of the dive(s), and without this being exhaustive: remote dive, day trip, “double tank” dive, deep dive, night dive, etc…
– Meals
2.3 Baptisms and Initiations
The price includes:
– Transportation to the dive site by boat, if applicable
– The supply of the belt and the ballast
– The supply of an inflated tank
– The supply of all the necessary equipment
– Rental of the instructor’s services
Prices do not include:
– Supplements related to the characteristics of the dive(s) when applicable, and without this being exhaustive: remote dive, day trip, “double tank” dive, etc…
– Meals
2.4 Training
The price of the training includes:
For the PE12 FFESSM/CMAS courses:
– Transportation to the dive site by boat, if necessary
– The supply of the wetsuit, mask, fins, vest, regulator, belt and ballast
– The supply of an inflated tank
– The rental of the instructor’s services
– The FFESSM certification card according to the case and according to the current offers.
For Level 1 FFESSM training:
– Transportation to the dive site by boat, if necessary
– The supply of the wetsuit, the mask, the fins, the vest, the regulator with octopus, the belt and the ballast
– The supply of an inflated tank
– The rental of the instructor’s services
– The FFESSM certification card according to the case and according to the current offers
– The logbook of dives
For all other courses (unless otherwise specified on our general rates):
– Transportation to the dive site by boat, if necessary
– The supply of the belt and ballast
– The supply of an inflated tank
– Rental of the instructor’s services
– The FFESSM/CMAS and/or SSI certification card according to the case and according to the current offers
– The logbook of dives
The price of the training does not include:
For all courses
– The possible Elearning
– The FFESSM or SSI license
2.5 Private outings:
The price of the private outing includes:
– Transportation to the dive site by boat, if necessary
– The supply of the wetsuit, mask, fins, vest, regulator, belt and ballast
– The supply of an inflated tank
– The rental of the instructor’s services
The price of the training does not include:
– The meal
2.6 Diving equipment
OUANALAO DIVE provides the following diving equipment to its clients:
– Wetsuit
– Fins, masks, snorkels
– Jackets
– Regulators
– Rescue regulators complete with 1st stage
– Lights (only for night dives)
And offers for rent
– Dive computers
– Diving parachutes
Before making the reservation with OUANALAO DIVE, the client must first make sure that he has the necessary equipment for the dive or that the dive center is able to provide it (loan or rental as the case may be). The absence of an item of equipment, and in particular optional equipment, cannot be a reason for the Customer to cancel the reservation of the service.
2.7 Location of the activity
The dives as well as the practical and theoretical training take place at (or from) the address of the diving centre.
However, OUANALAO DIVE reserves the right to change the location of the activity if necessary.
2.8 Schedule of the activity
The activity takes place, in a general way and unless otherwise specified:
– Morning: from 9:00 am
– Noon: from 11:00 am onwards
– Afternoon: from 2:30 pm
Any delay of the Client will not result in a consequent delay of the activity.
In the case where the Customer does not show up on the day of the reserved diving service or at the fixed time, OUANALAO DIVE reserves the right to keep the deposit, or the total amount of the service paid by the Customer.
2.9 Obligations of the Client
The Client must personally ensure that he is in possession of all the qualifications and supporting documents required for the activity he wishes to perform and transmit the originals to OUANALAO DIVE before the beginning of these activities. In particular when they are required: certificate, qualification, FFESSM license, medical certificate.
2.10 Validation of a diving level or training
The validation of a diving level is sanctioned by the satisfaction of practical and/or theoretical skills. OUANALAO DIVE reserves the right not to deliver a diving level if the Customer has not reached the minimum skills related to the level claimed by the training. In this case, no refund will be given.
Article 3. Prices
All prices are in Euros and include all taxes. The valid prices are those in force at the time of the reservation made by the Client. OUANALAO DIVE reserves the right to modify these prices at any time.
Article 4. Reservation
The reservation of the Client will be definitively registered only after formal validation of the reservation by OUANALAO DIVE with the client. As soon as the reservation is registered, a confirmation e-mail from the Seller will be sent to the Customer, specifying the dates of the services. The balance will have to be paid at the latest at the arrival at the diving centre, before the diving service. The Seller reserves the right to refuse any reservation from a Customer with whom a dispute exists.
For the follow-up of the reservations, OUANALAO DIVE sends by e-mail a confirmation of the good reception of the reservation, of the definitive character of a reservation and of the reception of the deposit or the total payment, and puts at the disposal of the Buyer, either the e-mail address: OUANALAO DIVE – mailto:ouanalao.dive@gmail.com or the telephone number +590 690 63 74 34
Article 5. Payment – Property
5.1 Payment
The payment of the price and other fees or taxes is made in Euro (EUR) or in American dollar (USD) and the payment of the deposit or the total payment of the service must be made by :
– Bank check exclusively from France to be made payable to OUANALAO DIVE.
– Credit cards (MASTERCARD, CARTE BLEUE, VISA),
– PayPal
– Bank transfer to be made to the bank account of OUANALAO DIVE,
– Payment on arrival at the dive centre can be made either in cash or by one of the above-mentioned means, with the same restrictions for groups.
– The checks, must be sent to the postal address indicated on the Website of OUANALAO DIVE (Address of the Website : http://www.ouanalaodive.com) or given at the arrival at the diving centre according to the case.
– Bank transfers must be made to the bank account whose IBAN code is available on request.
Payments by credit card can be made directly by phone during opening hours. In the event that an issued payment title is not honoured, the costs related to the management of the unpaid order (rejection fees, …) will be charged to the Customer by the Seller and the order will be automatically cancelled, the Customer being notified in advance by email.
5.2 Retention of title clause
Concerning material goods: notwithstanding any clause or provision to the contrary, the Seller shall benefit from a right of retention of title on any Product ordered until full payment of its price, expenses and taxes, if any, has been made. The transfer of ownership of the Product to the benefit of the Buyer will only occur at the end of this payment.
Concerning training courses: notwithstanding any clause or provision to the contrary, the Seller has a right of reservation allowing it to refuse to deliver a certification until full payment of its price, fees and taxes, if any, has been made. The delivery of the certification to the benefit of the Buyer will intervene only at the end of this payment.
Article 6. Cancellation, postponement, interruption of the diving service
6.1 By the Client
In accordance with articles L.121-20 et seq. of the French Consumer Code, the Customer who has booked a service remotely has a period of fourteen (14) clear days to exercise his right of withdrawal without having to justify his reasons or pay any penalties. The fourteen-day period starts from the first of the two dates between the sending of an e-mail confirming the reservation and the sending of a deposit or a full payment by the Customer. In this case, the Client will be reimbursed in full of the sums already paid to OUANALAO DIVE.
If the cancellation occurs after the expiry of the fourteen days reflection period, it must be confirmed in writing by registered mail with acknowledgment of receipt to be valid. In this case, the amount of the deposits paid will remain definitively acquired to OUANALAO DIVE.
Any dive booked by any means is due, unless cancelled by OUANALAO DIVE. The billing of the services offered by OUANALAO DIVE is made on the basis of the reservation, except effective cancellation within the time limits provided in the following paragraph.
For the good management of the places, in particular on board of its boats, in case of cancellation announced less than 10 days before the beginning of the service, this one will be considered due entirely and the whole of the sums already paid by the Customer will remain acquired to OUANALAO DIVE.
In case of cancellation notified between 10 and 20 days before the beginning of the service, this one can be refunded up to 50% of the selling price.
In case of cancellation announced between 20 and 30 days before the beginning of the service, this one can be refunded up to 75% of the selling price.
OUANALAO DIVE will try as far as possible to propose an alternative date to the Customer so that he can realize the reserved service. In case of impossibility for the Customer to change date, all the sums already paid by the Customer will remain acquired to OUANALAO DIVE.
Any activity started will not be reimbursed, if the cancellation is due to the Customer (personal convenience, ear problem, stress or any reason whatsoever). For a training, a stay or a training course booked for a defined period: OUANALAO DIVE will not be responsible if, for personal reasons, the Client has to interrupt the training, the stay or the training course started, or if the Client does not show up at the place or the date planned. In particular, the sums already paid would remain acquired by OUANALAO DIVE and all the expenses incurred would remain the responsibility of the Client.
Consequently, OUANALAO DIVE advises its customers to take out a cancellation insurance with a competent organization. As this is a stay for a group of divers (club outing, works council, vacation camp, etc.), the price of the dives being negotiated on the basis of a global package, no reimbursement can be made if one or more dives have to be cancelled for personal reasons or unfavourable weather conditions.
6.2. By OUANALAO DIVE
A diving service can be cancelled by OUANALAO DIVE for weather or technical reasons.
In case of cancellation for meteorological reasons, OUANALAO DIVE will be able to propose the postponement of the service to another more favourable date, within the limit of the available places. In case of impossibility of the Customer to postpone the services (duration of the stay too short), the sums already paid to OUANALAO DIVE will remain definitively acquired to him without any refunding being due.
As this is a stay for a group of divers (club outing, works council, vacation camp, etc.), the price of the dives being negotiated on the basis of a global package, no reimbursement will be possible if one or more dives have to be cancelled due to unfavourable weather conditions and no postponement is possible.
In the case of cancellation for technical reasons, OUANALAO DIVE will be able to propose the postponement of the service to another more favourable date, within the limit of the available places. In case of impossibility of the Customer to postpone the services (duration of the stay too short), OUANALAO DIVE commits itself to refund the amount of the not made services.
In all these cases of unforeseeable circumstances or events, the additional expenses resulting from the partial postponement, the total postponement or the extension of the stay remain the responsibility of the Customer.
Article 7. Responsibilities
The Client is automatically covered for civil liability during the sessions and dives organized by OUANALAO DIVE because of the insurance contracted by the company.
The Client is advised to take out an additional insurance (bodily injury and material damage) to practice scuba diving as well as a cancellation insurance with an authorized organization.
Article 8. Security and personal effects
OUANALAO DIVE will not be responsible for the objects left or entrusted to the diving centre. In particular, OUANALAO DIVE cannot be responsible for a theft or a loss of personal belongings in the diving centre or during the diving service.
Article 9. Website – Terms of use
9.1 Website
OUANALAO DIVE explicitly reserves the right at any time to modify, complete or delete in whole or in part the website or its constituent parts, to temporarily interrupt the publication or to put a definitive end to it.
WANALAO DIVE does not guarantee the connection or the continuity of the connection to the Website. OUANALAO DIVE declines any responsibility for any consequences or damages suffered by the Buyer due to or during the use, the visit, the connection, or disconnection to the Website, including due to the references to other sites via hypertext links present on the Website.
9.2 Terms of use
– Cookies: OUANALAO DIVE reserves the right to use cookies. The cookie is a computer file, stored on the hard disk of the computer of the Buyer. Its purpose is to indicate a previous visit of the Buyer on the Website. Cookies are only used by OUANALAO DIVE in order to personalize the service offered to the Buyer.
However, the Buyer keeps the possibility to refuse the cookies by configuring his Internet browser. He loses then the possibility to personalize the service which is delivered to him by OUANALAO DIVE via the Website.
– Web beacons: Some pages of the Website may contain web beacons that allow to count the number of visitors on the Website and/or to provide OUANALAO DIVE with several indicators. These Web Beacons can be used with some of OUANALAO DIVE’s partners, to measure and improve the efficiency of the Website.
In any case, the information obtained via these Beacons are strictly anonymous and simply allow to gather statistics on the frequentation of some pages of the Website, and this to better serve the Buyers of the Website.
Article 10. Miscellaneous provisions
10.1 Force Majeure
OUANALAO DIVE will not be responsible for the total or partial non-fulfilment of its obligations under the contract of sale born of validated order, if this non-fulfilment is caused by an event constituting Force Majeure, as usually retained according to the criteria defined by the jurisprudence of the French courts, and in particular in case of disruption or total or partial strike affecting postal services and means of transport and / or communication, flood, fire or other events of nature of natural disaster.
OUANALAO DIVE will notify the Buyer of an event constituting force majeure, within 10 working days following its occurrence.
The Parties agree to consult as soon as possible to determine the modalities of treatment of the order during the duration of the case of Force Majeure.
Beyond a period of (one) month of interruption due to Force Majeure, the Parties will be released from their obligations towards each other. If necessary, OUANALAO DIVE will reimburse Buyer as soon as possible.
10.2 Intellectual property rights and trademarks
OUANALAO DIVE endeavours to respect the intellectual property rights of the used pictures, graphics, sound documents, video sequences and texts in all publications, to use pictures, graphics, sound documents, video sequences and texts created by itself or to resort to pictures, graphics, sound documents, video sequences and texts which are not subject to licensing.
All trademarks named on the website which may be protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective owners. The mere mention of trademarks does not lead to the conclusion that they are not protected by the rights of third parties. A reproduction or use of such pictures, graphics, sound documents, video sequences and texts in other electronic or printed publications is prohibited without the express permission of OUANALAO DIVE.
10.3 Completeness of the contract
The GTC and the documents transmitted to the Buyer form a contractual whole summarizing the entire sales contract between the Parties, for the object of the order.
If one or more provisions of the GTC are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions will however keep all their force and their scope.
The fact that one of the parties does not invoke a breach by the other party of one of the obligations referred to in the GTC shall not be interpreted at a given time to affect the right of the party concerned to invoke this obligation at any other time.
10.4 Conservation and archiving of transactions
OUANALAO DIVE reserves the right to choose the media necessary for the archiving of invoices and other documents related to any transaction in order to keep a reliable, faithful and durable traceability.
10.5 Law application – Competent jurisdictions
The GTC and the contractual relations between the Parties are subject to French law to the exclusion of any rule of conflict of law, including in the case of an order made outside France or by a Buyer domiciled outside France.
In the event of any difficulty relating to the interpretation and/or application of these general terms and conditions of sale, the parties shall attempt as far as possible to resolve their dispute amicably. In case of failure of these attempts, all disputes to which the present terms and conditions may give rise must be brought, even in case of plurality of defendants or guarantee call before the competent jurisdictions within the jurisdiction of the registered office of OUANALAO DIVE.