Terms of Sales

Article 1 - Price list of the services and validity:

Price lists presented by Lagoon Explorer are indicated inclusive of tax on the basis of VAT to 5 % in the currency Pacific Francs of French Polynesia (F or xpf or cfp), Euros (€), US Dollars $( US). The offers are subject to availability at the time of the reservation.
Any service reserved and not made by the customer in the date predefined during the reservation will give rise to no repayment.

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The price lists of our excursions include:

- The necessary and specific equipment in the chosen activity
- The supervision by a State-certified professional person
- All other services with the mention "Offered" or "Free" included in the chosen activity.

The price lists of our excursions do not include:

- The personal spending

- Pick up & Drop off
- The accommodation
- The meals and the drinks not included in the activity

- The service " Photo Pack " is provided to you for a price indicated by your guide during the tour

The responsibility of Lagoon Explorer can not be engaged, compared to the indications and rates appearing on partner or other sites.

  

Article 2 - Pick up & Drop off:

Subject to availability, Lagoon Explorer provides its customers who have booked an activity, a pick up & drop off service of participants from the hotel, the pension or acommodation of their choice located on Moorea, to the place of departure of the activity. This service also includes the return.

To benefit from this service, the customer must make the request by specifying the name of the hotel or pension when booking.

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Schedules and meeting places are defined on the www.lagoon-explorer.com site by clicking the named links: " see the schedules of transfer ", or will be given to participants when booking.
Any delay or absence of the participant on the place and the schedule indicated by Lagoon to Explore will give rise to no repayment in case, therefore, the participant could not make the activity.
The participants also have the possibility of coming by their own vehicle on the point of departure of the activity defined during the booking. They will then have to come at this point 15 minutes before the beginning of the activity.

 

Article 3 - Modalities of booking :

Any participation in the activities and other services proposed by Lagoon Explorer is made by booking according to the availability and at least 24 hours in advance :
- On our www.lagoon-explorer.com web site in the section "BOOK A TOUR", (simple instructions are available on the page to guide the customer on the method to book)
- By phone: (+689 ) 87 342 115
- By email: lagoon.explorer.moorea@gmail.com

By booking an acivity or service at Lagoon Explorer, the participant recognizes he informed, to have read and to accept the present Terms of Sales.
Any booking will be taken into account that upon receipt of all of the wanted personal information. The total or partial payment of the excursion can be required at the time of the booking. In the case of a booking for several people of the same group, the subscriber undertakes to make known and approve the information and the present Terms of Sales and any documentation communicated by Lagoon Explorer with the set of the participants.
Any "false" booking or "distorts" command made deliberately is liable to prosecution.

 

Article 4 - Payment :

If it was not beforehand made, the payment is made before the beginning of the activity, upon the arrival of the follower on the place of departure of the activity. The Lagoon Explorer company accepts the types of payments:
- Cash in the currencies: Pacific Polynesian Francs (cfp or xpf) or US Dollars $( US). Conversion on each activity page.

- Checks from French Polynesia banks.
Payments by credit card or American Express are not accepted.

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Article 5 - Modification of booking or order :

Modification by the buyer :

Any modification of booking or order will be possible under condition that it is made at the latest 24 hours before the date of the activity in agreement with Lagoon Explorer. No modification can be possible unless 24 hours of the activity.
To modify a booking, the participant will have to contact Lagoon Explorer :

- By phone: (+689) 87 342 115

- Or by email: lagoon.explorer.moorea@gmail.com

 

Modification by Lagoon Explorer :

The activities being dependent, among others, the weather conditions:

Lagoon Explorer can be forced to modify an essential element or all of the activity under the circumstances which would not be attributable to him, for climatic reasons, of safety of the participants, or general interest. These modifications are for the only appreciation of the professional supervising the activity. In case of unavailability of the chosen activity, for reasons such as insufficient number of participants, or other reasons described previously, Lagoon Explorer will contact the subscriber having crossed booking or command as soon as possible to propose him an adjournment of the activity in a new date.

 

Article 6 - Cancellation of booking or order :

Cancellation by the buyer :

Any cancellation of booking or order will be possible under condition that those are made at the latest 24 hours before the date of the activity in agreement with Lagoon Explorer. If the participant cancels a booking in more than 24 hours of the date of the activity and than the total or partial payment in made summer, let us be paid will be if necessary totally paid off.
No cancellation can be possible unless 24 hours of the activity. Any withdrawal or cancellation unless 24 hours will give rise to no repayment.

To cancel a booking, the participant will have to contact Lagoon Explorer:
- By phone: (+689 ) 87 342 115
- Or by email: lagoon.explorer.moorea@gmail.com
In case of impossibility to make the activity, the customer can propose another person on condition that she satisfies the same conditions described in the article 7 and without presuming possible expenses of bookings already hired in the name of the subscriber of origin, which of this fact would remain due. The participant will have to inform Lagoon Explorer about it as soon as possible before the activity.
In case the customer would not go to the activity in the day and at the planned hour, the activity will then be considered as made and will give rise to no repayment.

In case the customer would not have conformed to safety regulations and to obligations of the participant described in the article 7, or in case he interrupted the activity on his/her own initiative, the activity will be considered as made and will give rise to no repayment.

Weather conditions, are on no account a cause of cancellation on behalf of the customer.
Information: the code of the consumption offers to the consumer a right to withdraw during a duration of 7 days during an on-line purchase allowing him to obtain the repayment or the exchange of the product. However the article L.121-20-4 plans that the services of leisure activities which must be supplied in a date or according to determined periodicity do not go into the field of this right to withdraw.

Cancellation by Lagoon Explorer :

The activities being dependent, among others, on weather conditions:
The professionnal instructor can be forced to cancel all of the activity under the circumstances which would not be attributable to him, for climatic reasons, of security of the participants, or general interest. These modifications are for the only appreciation of the professional. Lagoon Explorer makes a commitment to inform the participants about it as soon as possible and to pay off the latter of all of the sums which they hired if necessary. The participants can aspire to no additional compensation.

 

Article 7 - Obligations of the participant :

During all our activities, the participant recognizes he trained by the professional supervising on the conditions of use of the material and undertakes to respect safety instructions dictated by Lagoon Explorer and the supervising professional. The participant undertakes to stay zone of view of the professional during all the activity there, to respect the rules of priority, marking and the current maritime regulations.

The non compliance with the instructions of the professional entails the full responsibility of the participant and can entail the total stop of the activity, without possibility of repayment. The supervising professional has the right to exclude at any time, every participant whose behavior could put in danger and/or damage the safety of others and the good progress of the activity and without possibility of repayment. The responsibility of Lagoon Explorer could not be hired.

The participant undertakes to give up irrevocably any appeals, in any respect whatsoever against Lagoon Explorer or his supervising professionals, the renunciation will be imperative by rights in legal successor, and upon the insurance company of the participant.

The participant declares he acquainted with the conditions of required minimal physical capacities :

- The participant declares to have no medical contraindications for the practice of the chosen activity and not to be under treatment having side effects or contraindications to the practice of the activity.

- Do not be afraid of water (no aquaphobia)

- Satisfactory visual acuity, corrective lenses or lenses or contact lenses are allowed.

- Neuropsychiatric and vascular state satisfactory. Upper limb: The upper limb gripping function required for practice must be satisfactory. Lower limb: integrity of the 2 members.

- Activities are discouraged for participants with back pain or joint problems. Boats with a maximum load weight, the supervising professional may refuse any practitioner whose weight exceeds the safety limit defined by the manufacturer of the equipment available and on the site www.lagoon-explorer.com. In the case of non-compliance with the prerequisites, the participant may be excluded from the activity without refund.

Required minimum age:

- The minimum and maximum age required for the practice of the activities is defined on the www.lagoon-explorer.com website on each page of activities. The required minimum and maximum age can be different according to the chosen activity. Lagoon Explorer can ask to the participants for an ID card or for a document proving the age of the participant before the start of the beginning of activity.

- Every minor will have to be necessarily accompanied with a parent or a legal guardian. Otherwise, for the minors and the group of non-accompanied minors: a parental or collective consent will necessarily have to be established between the customer, the parent, the legal guardian or the community supervising the minors and Lagoon Explorer before the beginning of the activity.

 

Article 8 - Equipment for the activity and personal effects :

All the equipment supplied by Lagoon Explorer and included in the activity is defined on the www.lagoon-explorer.com website on each page of activities. The equipment supplied is approved and in compliance with the current safety standards. Lagoon Explorer will inform the participants during their booking about the equipment not included in the activity which they will have to bring with them, the list of equipment is also available on the www.lagoon-explorer.com website in the section "BOOK A TOUR".

A deposit (in cash or credit card) of an amount not surplus not 50 % of the total price of the lent or rented equipment can possibly be asked to the participant before the activity and restored on the way back, except in case of deterioration or of fixed immobilization of the equipment because of the participant (breakage, accident, misuse, seizure, etc.) without prejudice by the total repayment of the not guaranteed caused expenses by the insurance of the person receiving provider. The participant declares to return the equipment in the state where it was from the activity.

In case Lagoon Explorer would not ask for payment of a deposit, the participant undertakes to pay off the expenses of repair possible deterioration or of fixed asset of the material because of the participant (breakage, accident, misuse, seizure, etc.).

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Lagoon Explorer disadvises from the participants to bring personal valuable effects and disclaims all liability in case of loss, stole or deterioration of personal effects, including correction glasses or correction lenses.

  

Article 9 - Supervising and security :

All the staff supervising of Lagoon Explorer is State-certified and trained in the gretting, in the safety and in the supervision of the customers on the proposed activities.
The moral, physical and sports capacities of the participants are for the appreciation of the supervising, staff who will be only judge of the capacity of the customer to participate or not in the chosen activity.

The professional will inform the participants about the use of the equipment, the safety regulations and the zone of navigation where will be practised the activity.
The proposed activities being dependent, among others, on weather conditions, the staff supervising the activity will take into account these factors and reserves the right of modification without advance notice of the program of the activity and at any time if he judged that the safety of the participants or the third person was hired (see articles 5 and 6). These changes give in no case to repayment.

 

Article 10 - Insurances :

Third-party insurances Professional are included in the price of the activity. For more information about guarantees, the customer will have to inquire with Lagoon Explorer. It is however recommended to the participants to possess its own third-party insurance.
The insurance companies of Polynesia not covering the bites or the stings of animals, the responsibility of Lagoon Explorer could not be hired in the event of an accident by this type.

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Article 11 – Computing, freedom and rights for the image:

In french law enforcement N°78-17 of January 06th, 1978, the information which are asked to the participants, among which certain compulsory, are necessary so that the reservations can be treated. Unless otherwise specified from you, we save ourselves the possibility of using the information communicated to send you diverse documentations. Any breach of the measures of the present Law is planned and repressed by articles 226-16 - 226-24 of the French Penal code.
Lagoon Explorer makes a commitment to reveal none of your personal information.
For any modification or cancellation of booking, to refer to articles 5 and 6.
For any modification or deletion of personal information, the subscriber will have to contact Lagoon Explorer:

- by phone: (+689) 87 342 115

- or by email: lagoon.explorer.moorea@gmail.com

 

Every participant having done an activity at Lagoon Explorer, accepts without limitation, that its image is used in promotional and advertising purposes on any supports "papers" and modern communications tools and telecommunication (Photos, videos, social networks, web site) except oral or written request from him. According to the french law n°78-17 of January 6th, 1978 concerning the computing, concerning the files and concerning the liberties, you have an access right and a rectification or an deletion of the information concerning you.

 

Article 12 - Intellectual property :

The set of pictures, videos, logos, the marks, the designs and models appearing on the www.lagoon-explorer.com website and paper base published are the property of the company Lagoon Explorer. Any partial or total reproduction, whatever is the support, for commercial purposes, associative or voluntary, are forbidden without the consent of the holders of the marks or the rights attached to these graphical representations.

 

Article 13 - Customer service :

Our customer service is available on the following address and phone number:
Mobile phone : (+689) 87 342 115

Email adress : lagoon.explorer.moorea@gmail.com
Mailling address :

LAGOON EXPLORER - Xavier Béziers La Fosse

BP 1719

98729 Papetoai - Moorea

Polynésie Française

 

Article 14 - Litigation regulation :

The www.lagoon-explorer.com website being published in France and the present Terms of Sales subjected to the French law, only the French law is applicable.
For any contesting concerning the execution of the present Terms of Sales or the contract established between the customer and the Lagoon Explorer company, and in case during an amicable arbitration no solution would have appeared, allocation and jurisdiction will be expressly made for the courts of the state of the company: France.
The original language of the present contract is the French language. In case of litigation, the French courts will be only competent.

 

Please follow this link to read the original Terms of Sales in French