Legal notice and GTC

Legal Notice

SKIPPAIR is a trademark registered and operated by CMSEA SAS with a capital of € 12295, registered in the Paris Trade and Companies Register under the number RSC Paris 798 659 991, whose head office is located at 35 rue de l'Héronniere 44000 Nantes. SKIPPAIR is registered in the register of operators of trips and stays under the number IM075130069.

Public liability

The agency is insured in professional liability with the company Hiscox Insurance Services under contract No. HA PRC 0100685.

Guarantees

CMSEA SAS is a member of the APST, which guarantees a financial reserve of 200,000 Euros.

Photos, texts, prices

The contents on this website are not contractual in nature and do not replace the appropriate document provided for in article R.211-6 of the general conditions, which must be drawn up in duplicate by the seller and signed by the buyer and the seller.
Any total or partial representation of this site or its content (general structure, texts, sounds, logos, animated images or not), by any process whatsoever, without prior and express authorization of the company CMSEA is prohibited and constitutes an infringement sanctioned by the Code of Intellectual Property.

Preamble

The reservation of a service offered by SKIPPAIR entails the full adherence of the customer to the Skippair Terms and Conditions. In case of contradiction between the present conditions and the contract concluded between the customer and SKIPPAIR, the provisions of said contract will prevail.
The General, Specific and Specific Terms and Conditions of Sale of certain local service providers may apply. In this case, it will be expressly mentioned on the travel contract and these will prevail over the present.

Skippair Terms and Conditions

These Conditions of Sale, additional to the general conditions of the tourism code, are applicable to the booking you make with Skippair and should therefore be read carefully. These conditions contain certain exclusions and limitations of liability. If any of these booking conditions are invalid or unenforceable, the remainder of these booking conditions will not be affected and will remain valid and enforceable.

Pre-sales conditions

1. Price

The prices listed in our documentation (skippair.com website) have been established on the information known at their registration dates and are valid for the determined number of participants. They must be confirmed when booking. Our prices are calculated on a lump sum basis including all the services described in our offers and travel contracts. The number of nights spent on site does not necessarily correspond to a whole number of days. In case of late departure or early return, no refund will be due.
The details of the services that are included or not in the price are specific to each service. Refer directly to the product sheet or quotation sent.
In the majority of cases, and unless stipulated otherwise in the travel contract, the price does not take into account the cost of dashboards, drinks at meals, personal expenses, excursions or optional activities, fees visas or tourist taxes claimed from passengers entering or leaving the country visited.
In the case of tailor-made quotations, application fees of € 30 are applied.
Minors
Requests for the registration of unaccompanied minors by their parents or guardians must be signed by their father, mother or legal guardian and marked "parent's or guardian's agreement". Minors must be in possession of their identity documents required for a trip abroad and an authorization to leave the French metropolitan territory. These documents may be necessary even for minors accompanied by their parents or guardian (family record and national identity card or passport and, if necessary, authorization to leave the territory).

Price revision clause
Our prices were determined based on the point-in-time economic data at the time of their establishment. In the event of a significant change in one or both of these data, we may have to modify our selling prices. The final price will be confirmed at the time of booking.

2. Reservation, payment and confirmation

Reservations can be made by mail, e-mail, phone or on our website, accompanied by payment:

If the booking date is less than 45 days before departure:
- A deposit consisting of 100% of the amount of the trip.
If the booking date is more than 45 days before departure, according to the customer's wish:
- A payment of 100% of the amount of his trip
- From a deposit consisting of 50% of the amount of the trip, the balance will be automatically charged 40 days of departure on the same bank card.

If a technical problem prevents the automatic payment of the balance of the trip, it should be settled, without recovery from us, no later than 35 days before departure. Any delay in the payment of a deposit or the balance may be considered as a cancellation for which the cancellation costs provided for in article 9 will be applied.

The payment of the deposit does not imply the acceptance of the reservation which will be confirmed to the extent of the places available by our service providers, including the validation of the aptitudes including physical for some of the stays. Stays are confirmed by email, within 48 hours, from the date of payment.
This confirmation gives rise to the establishment of a travel contract to be countersigned by the customer and Skippair.
In accordance with the Consumer Code (article L 121-20-4), you do not benefit from a withdrawal period when ordering travel services via our website.

In case of non-confirmation of a reservation, the payment is canceled by our services, the customer is not debited.
If the activity can not be confirmed or canceled within the time limit, then you will be informed. The choice of waiting or canceling your reservation will belong to the customer.
Upon confirmation of the service, the provider's contacts will be communicated to the Customer.

After sales conditions

3. Starting the activity

The start of the activity may take place once the formalities below have been completed:

Full payment of the full price of the service and any options
La vérification/validation des informations soumises dans le contrat de voyage
The submission of the list of travelers and additional information requested by the provider, if applicable.
If your service is subject to a minimum of compulsory registration, this clause will appear on your travel contract. In case of cancellation of the service, Skippair will inform you at most 21 days of your departure. You will then be fully reimbursed for the benefit paid on Skippair.com.

4. Cancellation or reduction of the activity time by the local service provider

We remind you that sailing activity is subject to weather hazards! For your safety, the skipper is the sole judge of the good conditions of airworthiness, and reserves the right to modify without notice the progress of the stay, its course or its duration, because of the conditions of weather and safety as well as according to the availability of ports and anchorages. Any partial or total modification of the course will not allow any refund or compensation. If the service was to be totally canceled for meteorological reasons, the customer will be reimbursed in full, without compensation. The service provider may at his discretion propose, instead of reimbursement, a postponement of the trip.

In case of cancellation of the activity by the local service provider for reasons beyond his control (technical reasons, or other events preventing the performance of the activity such as the medical monitor's incapacity), Skippair undertakes to do their utmost to offer the customer an alternative solution. It is an obligation of means and not of result. In the event that Skippair or the local service provider is unable to find an alternative solution for the same dates, Skippair undertakes to return the amounts paid by the customer on the skippair.com website without any additional refund. In all cases, the amounts returned by Skippair can not exceed the amount of money paid to the site by the customer. In case of delayed start of the activity, the customer will receive a refund in proportion to the number of days late. In this case, the client must be notified as soon as possible if the local partner has reason to believe that the departure of the activity will be postponed with regard to the dates specified in the contract.

Cancellation for insufficient number of participants
For certain trips for which you will be contacted and alerted by Skippair, we may be exceptionally obliged to cancel a trip if the minimum number of participants indicated is not reached.This decision will be communicated to you at the latest:

20 days before the start of the trip or stay, in the case of trips lasting more than 6 days;
7 days before the beginning of the trip or the stay, in the case of journeys whose duration is from 2 to 6 days;
48 hours before the start of the trip or stay, in the case of trips not lasting more than 2 days.

An alternative solution for an alternative trip may be offered. In case the new travel proposals do not suit you, your payments will be fully refunded to you, without further compensation. All other costs, which you could have incurred, remain at your expense (purchase of provincial / Paris tickets, hotel, equipment necessary for the trip, etc.). However, under certain conditions, we may be required to ensure the departure of a trip for which the required number of participants has not been reached.

5. Special case of boxes and gift vouchers

- GIFT VOUCHERS

The beneficiary of a voucher has one year to contact the provider, whose contact is on the voucher, and define with him a date of activity.
Once the date has been defined between the customer and the service provider, the cancellation conditions are identical to the conditions for canceling the traditional services of skippair.com (See paragraph 4 of the GTC)
Beyond this period of one year, the customer will benefit from a credit of the paid amount but will agree to pay a supplement if the rate of the provider had increased since the date of purchase.
If the provider mentioned on the gift voucher was not reachable or if no departure date was found with him, the customer will contact Skippair to find another service.
The gift voucher will then be converted to a credit for all skippair.com offers. No refund will be made after the purchase of a gift voucher, except in the case where no offer could be offered within 200km of the place initially defined.

- BOX

The beneficiary of a box has one year to contact skippair to select his preferred activity.
By buying a box, the customer accepts the fact that the object of the box has a cost and that the rates of the services are not all equal. So there may be a difference in price between the purchase amount of the box and the public amount of the selected offer by the beneficiary. No partial refund will be made to compensate for this difference.
Beyond this period of one year, the customer will benefit from a credit of the amount paid, less the cost of the box sent, ie € 20.00, but will agree to pay a supplement if the price of providers offered in the Box had increased since the date of purchase.
Once the service and the date defined between the customer and the service provider, the conditions of cancellation are identical to the conditions of cancellation of the traditional services of skippair.com (See paragraph 4 of the GTC)
No refund will be made after the purchase of a box.

6. Customer conduct

During the duration of the activity, the client must at all times behave in a reasonable and responsible manner. This applies in particular to the use of the equipment. The client must also follow the instructions given by the supervisory staff. The local partner reserves the right to terminate the contract without damages in case the behavior of the customer or one of his companions causes harm, damage, danger or inconvenience to the professional team, or other customers or third parties or property (and in the reasonable opinion of the local partner). The local partner and Skippair will not be liable for damages or damage caused by the customer or any of the accompanying members.

7. Customer obligations

If the customer is not present on the date or time indicated on the contract, the customer must inform the local partner and Skippair directly as soon as possible. The client must respect the dates of the end of the activity. In case of delay due to the customer, the provider must be informed immediately. The local service provider can not claim compensation of any kind if the customer can prove that the late return is due to conditions beyond his control, not foreseeable by the customer: case of force majeure. The weather conditions are not considered as conditions of force majeure. Drug use before or during the activity is prohibited. Neither Skippair nor Skippair's local partner shall be liable for claims arising out of material or physical damage related to the use of alcohol or drugs.

8. Level and Skills

Skippair does not have the material means to check the level of practice of its customers. For certain offers, a minimum level is required on the description of the activity. In the case of booking this type of service, the customer acknowledges having sufficient technical competence. For any dive training, each diver must also be in possession of a medical certificate of no contraindication to the practice of diving less than one year. This obligation does not apply to exploration dives, baptisms, discovery packs, or snorkeling (snorkeling / mask-fins-snorkel). A minor diver must have parental permission to dive for exploration or dive training.
Whatever the activity chosen, each participant must comply with the advice and instructions given by the professional accompanying him. SKIPPAIR can not be held responsible for any incidents, accidents or bodily injuries that may result from an imprudent personal initiative or that do not respect the instructions of the supervisor.
The local service provider is responsible for being covered by professional liability insurance in force.
The client is encouraged before the beginning of the activity to consult his own personal health and liability insurance, in order to ensure adequate coverage during the activity.
The professional may make the decision to prohibit an activity to a participant if he deems it necessary. SKIPPAIR can not be held responsible for this decision, the person in charge of the local activity being the sole decision maker during the trip. Paid supervision can be imposed by decision of the professionals, to all the participants whose technical level would not be sufficient for their safety.

Any particular situation including health status, minority disability, guardianship, pregnancy, reduced mobility, illness, allergy, transportation of bulky items ...) of the participant or participants must be notified on the sales contract, SKIPPAIR reserves the right to appreciate the possibility of booking.
It is advisable for pregnant women, at any stage of pregnancy, to seek medical advice before leaving and to obtain a medical certificate at any stage of pregnancy, confirming their fitness to travel according to the chosen mode of transport . Companies may require pregnant women, before boarding, a medical certificate. The seller can not be held responsible for this refusal.
Any special request or preference (cabin, bed ...) must be reported at the time of booking and are taken into account as far as possible and are never guaranteed.
The non-satisfaction of these requests will not engage in any way the responsibility of SKIPPAIR in any form whatsoever and will not constitute a reason for cancellation.

9. Accidental damage, fire, theft

Skippair is in no way responsible for any damage or theft on site. The local service provider and the customer will have to reach an agreement on the follow-up to be given to the course of the trip.

10. Retraction of the client

9.a Before the appointment
Cancellations must be notified to SKIPPAIR by email at contact@skippair.com. All or part of the amount paid will be retained by Skippair according to the following cancellation schedule. This scale has been calculated according to the average of the cancellation fees of our service providers, contributing to the realization of your travels.

Cancellations made 45 days before the start of the trip will result in a charge of 50% of the total amount of the agreed and paid trip. Cancellations made less than 45 days before the start of the trip will result in a charge of 100% of the total amount.
Rescheduling travel and associated fees are at the discretion of the provider. The client will contact the provider directly to arrange a replacement date. The payment of any costs associated with a rescheduling will be managed by the customer directly with the provider. In case of fraud, suspicion of fraud or doubtful reservation entailing a risk for the payment of the service by the customer, SKIPPAIR and / or the local service provider may unilaterally decide to cancel the reservation.

9.b End of anticipated activity at the initiative of the client
If for any reason the customer voluntarily terminates the activity voluntarily, no refund or claim may be requested by the customer from Skippair. The customer will be responsible for recovering directly from the person in charge any advances that could have settled on the spot, like the cash register for the remaining days as regards the cruises.

11. Transfer of contract

In the event that the customer is prevented from performing the service for the period provided, this contract may be transferred to another person. Transfers must be approved in writing by Skippair and the local service provider.
In accordance with Article L. 211-11 of the Code du Tourisme, you have the option to assign the present contract as long as it has not produced any effect and up to 7 days of departure, warning the agency in reasonable time, to a person who fulfills the same conditions as you. You and the beneficiary of the assignment remain jointly and severally liable for the payment of the balance of the contract and the transfer fees that will be communicated to you.

12. Claims

Article 5 (4) of the European Package Travel Directive: "Any deficiencies in the performance of the contract observed on the spot by the consumer must be reported as soon as possible".
Also, the customer must formulate, on the spot, as soon as possible his complaint with the local representative so as not to suffer the inconveniences during all the duration of his trip. If the customer does not obtain satisfaction, he must ask the representative for a certificate of service not provided. In the absence of this certificate, SKIPPAIR can not guarantee the favorable outcome of the claim that it would be formulated. Any unused service that has been subscribed and that has not been canceled before departure can not be refunded without the express agreement of the partner concerned.
Upon his return, the customer must make his claims of default to the agency SKIPPAIR within 15 days after the end of the stay accompanied by all original supporting documents (transport ticket, certificate of service not provided) by registered letter with acknowledgment of receipt. reception. The investigation of the complaints will relate only to the contractual elements of the reservation to the exclusion of any subjective appreciation. The response time will depend on the duration of the investigations conducted with the provider. In the absence of a satisfactory response within the 60-day period, the client may refer the matter to the Mediator of Tourism and Travel whose details and referral procedures are available on his website (www.mtv.travel)
Passengers are strongly advised not to bring valuables but only effects that are necessary and appropriate to the specific purpose and conditions of the trip. SKIPPAIR draws the attention of its customers to the fact that it can not under any circumstances be responsible for the theft, degradation, loss or forgetfulness of the personal effects of the passengers and that it does not take care of their search or repatriation.
In general, the customer can not claim the loss of time or expense resulting from defects and failures that occur on-site, unless they result from blatant negligence of the local service provider.
The local provider should not be held responsible for onshore activities. At the time of the activity, each crew member may be required to sign a document stating that the local provider declines all responsibility for such activities. The special conditions mentioned in the contract are accepted and considered as a formal part of the contract agreement.
In case of internship or training, the validation of a level is sanctioned by the satisfaction of practical and / or theoretical skills.
This level may not be issued if the professional considers the client's level to be insufficient. This case can not give rise to any refund.

13. Insurance and formalities

The liability of SKIPPAIR is covered by Hiscox Insurance (Contract No. HA PRC 0100685).
There is no insurance or assistance included in your trip. For your comfort, we invite you to subscribe to additional insurance offered during the confirmation of your reservation.
The client must ensure compliance with the administrative and health formalities applicable to his trip.
French nationals can visit the website: http://www.diplomatie.gouv.fr/.
With regard to the administrative and health formalities indicated, we invite foreign nationals to contact the embassy or consulate of the country of destination concerned.
The costs related to various formalities are the responsibility of the customer and passengers (eg passport, vaccines ...).
We draw your attention to the legal provisions and in particular Article L.322-2 of the Civil Aviation Code, the airlines are entitled to refuse the transport of any passenger who does not respect the applicable regulations allowing him, with regard to nationality, entry into the territory of destination and / or transit. No refund can be made in case of administrative or health default and will correspond to a case of cancellation with a withholding of 100 % of the amount of the stay / trip.

14. Case of force majeure

Force majeure means declared or undeclared wartime events, general strike, epidemic diseases, quarantine, fire, exceptional floods, accidents or other events beyond the control of two parts. Neither party will be held responsible for the delay due to force majeure events. In case of force majeure, found by one of the parties, it must inform the other party as soon as possible in writing or email. The other party will have ten days to see it.

15. Animals

Pets will only be allowed to the extent that their presence has been specifically specified and accepted at the time of validation.

16. Integrity of the contract

The present general conditions as well as the special conditions and all its annexes constitute the entire travel contract.

17. Governing Law

The contract is subject to French law.

18. Responsabilities

a) Case of chartering a crewed boat

You are not financially responsible for the boat here.
The partner will be responsible for the customer contact until the date of travel and its support from the beginning to the end of the trip. The local provider (s) of SKIPPAIR are responsible for the following:

Total responsibility of the client during the duration of the activity
Responsibility for the safety of persons in the context of all the activities planned within the framework of the defined journey
The adherence and application of the rules of safety and equipment, in accordance with the legislation in force, and this, in all the regions in which it accomplishes its mission.

(b) Case of chartering a bareboat with separate crew

You are here financially responsible for the boat.
Except the Skippair cancellation conditions (paragraph 10 – Retraction of the client), the specific rental conditions of the service provider apply and prevail over the general and specific conditions of SKIPPAIR.
The client will be required to sign the service provider's rental agreement. He will also be required to pay a deposit or deductible, as stipulated in his travel contract.

- MANAGEMENT OF THE BOAT
The assumption of responsibility for the boat by the tenant is made when the totality of the rent price has been paid, the deposit paid and the inventory signed. The service provider must provide the customer with a boat in a state of navigation, equipped and insured, in accordance with the laws and regulations issued by the competent authorities for the intended category of navigation. The deposit is paid by the customer directly to the provider.
The description of the boat and its items of equipment and weapons are included in an inventory that must be given to the tenant along with the mandatory documents and equipment, the act of francization and the security of the ship.
The renter has 24 hours from his assumption to check the good condition of the boat and its equipment.
The signature of support is worth recognition by the customer of the good working order and cleanliness of the boat with the exception of hidden defects.
The service provider undertakes to provide the lessee with a free anchorage at the port of disembarkation, except in the case of one way where the shipping costs are borne by the lessee last night.
The customer agrees to board only the number of people allowed on board.

In case of serious damage (dismasting, waterway, fire, etc.) the tenant is required to urgently notify the provider or his representative and the insurance broker by asking for instructions. The deprivation of enjoyment resulting from the damages incurred during the present rent will not be the object of any refund, even partial, whatever the cause of the damages, except if these are not attributable to the customer. In this case, a 48-hour deductible will apply.
Subletting and lending are strictly forbidden.

- RETURN OF BOAT AND DEPOSIT
The customer is required to return to the designated port within the period agreed by this contract, unless otherwise agreed amicable confirmed in writing. Each day of delay will entitle the owner-shiper to an indemnity equal to twice the daily price of the present hire whatever the cause of the delay. Bad weather can not be invoked as a valid reason. The skipper must make all his arrangements in good time to deal with this eventuality.
Upon his return, the client must signal his presence to the service provider or his representative and make an appointment for inventory and inspection of the boat.
The time required for the departure and return inventories is an integral part of the rental period provided for in the contract.
The renter is required to return the boat and its equipment in good working order and in an acceptable state of cleanliness, even if a cleaning fee is charged to it as a compulsory supplement. If the boat is not made in an acceptable state of cleanliness, an additional cleaning fee will be charged to the tenant according to the tariff in force.
If the condition of return is satisfactory and there is no damage found, the deposit is returned to the tenant no later than one month after the date of delivery of the boat.
If the deterioration or loss of both the boat and any accessory listed in the inventory is found, the tenant is obliged to pay the repair or replacement by the same. For this purpose, a deduction from the deposit may be made.
If the deterioration or loss results from a claim covered by the insurance policy provided for in article 10, the refund of the deposit will be deferred until payment by the insurance company, repair bills and / or replacement. Reimbursement will be made after deduction of the deductible provided and any incidental expenses that may have resulted from the incident (telephone, travel, reports, security, etc.).
SKIPPAIR shall consider as inadmissible any complaint addressed to it that has not been mentioned to the Head of Base and notified in writing either on the inventory or on the satisfaction survey and signed by the client.
SKIPPAIR is an intermediary acting in the name and on behalf of the provider. SKIPPAIR can not be responsible for any damage whatsoever, any damage suffered by the provider in connection with the rental of the boat.
The parties expressly undertake to attempt amicably to settle any dispute that may oppose them. Failing to reach an amicable agreement concerning disputes between the parties to the rental agreement, the parties undertake to submit any dispute to the competent courts of the country in which the cruise was made. Regarding disputes related to this reservation contract, they must be submitted to the Court of Nantes.