GENERAL TERMS AND CONDITIONS OF SALE

AÏTO CHARTER — SHARED TRIPS TO MB KOUEN ISLET

1. PURPOSE AND NATURE OF THE SERVICE

These general terms and conditions apply to catamaran trips to Mb Kouen Islet sold by Aïto Charter on a per-person basis.

A booking covers one or more places aboard a boat shared with other passengers. It does not constitute a private charter.

The date, times, boarding location, price and included services are specified in the trip description and booking confirmation.

The destination and itinerary remain subject to weather, sea conditions and access restrictions affecting the islet. The skipper may adjust them to ensure passenger and crew safety, as set out in Section 5.

2. BOOKING AND PAYMENT

2.1 Booking

Customers must read and accept these general terms and conditions before confirming their booking.

Customers agree to provide accurate information, including their contact details, the number of participants and any requested information about children.

A booking becomes effective once full payment has been received and confirmation has been issued by Aïto Charter or its booking platform. A confirmation email summarising the booking is sent to the customer.

Customers must check the information in this confirmation and promptly report any errors.

2.2 Payment

For online bookings, full payment is required at the time of booking, regardless of the trip date.

Available payment methods are those offered during the booking process. For direct bookings, payment arrangements are agreed with Aïto Charter.

Prices are quoted in CFP francs (XPF), inclusive of all taxes.

2.3 Group bookings with separate payments

Participants wishing to travel together should make their bookings close together, after checking availability.

Bookings made by some members of a group do not reserve places for the remaining members. Allocation of the entire group to the same boat remains subject to availability.

2.4 No right of withdrawal

As the trip is a leisure activity booked for a specific date, it is not subject to the right of withdrawal applicable to certain distance sales.

All cancellations are governed by Section 4.

3. TRIP CONTENT AND ORGANISATION

3.1 Included services

Only the services expressly listed in the trip description and booking confirmation are included in the price.

Unless otherwise stated, meals, drinks and snorkelling equipment are not provided. Each participant must bring their own provisions and drinking water for the day.

3.2 Boarding and times

Participants must arrive at the location and time stated in their confirmation.

If delayed, customers must notify Aïto Charter as soon as possible. Once more than 15 minutes have elapsed after the scheduled boarding time, the boat may depart without any absent participants. No refund or rescheduling will then be offered for their absence.

The return time is an estimate and may vary depending on navigation conditions.

3.3 Landing on the islet

Transfers ashore may take place by dinghy, depending on local conditions and the skipper’s instructions.

Disembarking and reboarding may require walking through water. These operations remain at the skipper’s discretion and may be restricted or suspended for safety reasons.

3.4 Swimming and snorkelling

Swimming and snorkelling depend on local conditions and the skipper’s permission. These activities are not supervised unless supervision is expressly included in the offer.

Each participant must remain within their abilities, observe the designated area limits and follow all safety instructions. Anyone unable to swim must inform the crew before departure.

4. CUSTOMER CANCELLATIONS AND CHANGES

4.1 Cancellation

All cancellation requests must be submitted to Aïto Charter in writing, using a method that provides evidence of receipt.

Cancellation charges are calculated on the tax-inclusive price of the cancelled places:

• More than 24 hours before departure: 50% of the price is retained.

• 24 hours or less before departure: 100% of the price is retained.

• Failure to attend boarding: 100% of the price is retained.

4.2 Exceptional requests

As an exception, a refund request may be considered upon presentation of an airline ticket showing a departure from New Caledonia that prevents rescheduling.

A request to reschedule for medical reasons may be considered upon presentation of a medical certificate submitted within 48 hours of cancellation. The request for a new booking must be made within three days of cancellation. The new date remains subject to availability and Aïto Charter’s agreement.

These requests are assessed individually and do not automatically entitle the customer to a refund or rescheduling.

Where a booking covers several people, any exception granted applies only to the participants directly concerned by the supporting documentation. The remaining participants remain subject to the standard conditions.

4.3 Changes to the date or service

All change requests must be submitted in writing and remain subject to availability and Aïto Charter’s agreement.

More than 24 hours before departure, an accepted change incurs a fee of XPF 1,000 per affected participant, plus any applicable price difference.

Any request made 24 hours or less before departure is treated as a cancellation under Section 4.1.

Reducing the number of places booked constitutes a cancellation of the places concerned.

4.4 Substitution of a participant

A participant may transfer their place to another person free of charge, provided Aïto Charter is notified no later than three days before departure. All information required to register the replacement participant must be supplied.

Reselling places without Aïto Charter’s agreement is prohibited.

4.5 Voluntary non-participation or early withdrawal

Choosing not to take part in an offered activity, choosing to remain aboard or voluntarily ending participation does not entitle the participant to a refund for unused services.

5. CANCELLATIONS OR CHANGES BY AÏTO CHARTER

5.1 Minimum number of participants

Departure requires a minimum of 10 participants.

If this minimum is not reached, Aïto Charter may cancel the trip no later than the day before departure. Customers will be notified by telephone or email.

Customers may then choose between a full refund of the amounts paid for the cancelled trip and rescheduling, subject to availability.

A departure with fewer participants may be offered for an additional charge disclosed in advance. Customers are free to accept or decline. If the minimum number of participants is ultimately reached, this additional charge will not be payable or will be refunded if already paid.

5.2 Weather and safety

The skipper decides whether the trip can proceed, must be adjusted or must be cancelled, based on safety conditions.

Cloudy weather, showers or conditions differing from a customer’s expectations do not, in themselves, constitute cancellation of the service. If the trip proceeds and a customer chooses not to participate, Section 4 applies.

If Aïto Charter cancels the entire trip before departure, customers may choose between rescheduling and a refund of the amounts paid for that trip.

5.3 Changes before departure

Aïto Charter may change the boat, times, boarding location or itinerary for safety reasons or due to operational constraints. Customers will be informed as soon as possible.

If conditions prevent the boat from reaching Mb Kouen Islet, an alternative destination may be offered.

Where a change announced before departure substantially alters the booked service, particularly its main destination, customers may accept the proposal or choose rescheduling or a refund for the trip that has not taken place.

5.4 Changes during the trip

During the trip, the skipper may adjust the itinerary, anchorage, times or opportunities for landing and swimming when conditions require.

All participants must comply with the skipper’s safety decisions.

An adjustment to the itinerary does not automatically entitle customers to a refund. If part of the service cannot be provided, the consequences will be assessed according to the services actually delivered and the applicable legal provisions.

5.5 Exceptional events

Where an external event prevents the trip from taking place, including an administrative prohibition, access restriction or an event endangering people, Aïto Charter will inform customers as soon as possible.

Rescheduling and refund arrangements will be specified according to the circumstances and the applicable legal provisions.

6. SAFETY AND PARTICIPATION REQUIREMENTS

6.1 Crew instructions

Each participant must follow the instructions of the skipper and crew aboard the boat, in the dinghy and during the activities offered.

The skipper may refuse boarding or end the participation of anyone whose behaviour endangers themselves or others, particularly in cases of intoxication, aggressive behaviour or refusal to follow safety instructions.

Where this decision results from conduct attributable to the participant, unused services will not be refunded, subject to applicable legal provisions.

6.2 Fitness and specific needs

The trip involves moving around a boat in motion and, depending on the itinerary, transfers by dinghy.

Before booking, anyone with reduced mobility, a physical limitation or a specific need that could affect their safety must contact Aïto Charter to check what arrangements are possible.

Information provided must be limited to what is necessary for the organisation and safety of the trip.

6.3 Minors

Minors must be accompanied by a parent or an adult authorised by their legal guardian. They remain under that accompanying adult’s supervision throughout the trip, including on the islet and in the water.

The presence of the crew does not replace this supervision.

All children must be declared when booking. Their ages must be provided so that appropriate safety equipment can be arranged.

7. RESPECT FOR THE ISLET AND MARINE ENVIRONMENT

Participants must comply with the rules applicable to Mb Kouen Islet and any access or use restrictions in force.

In particular, they must:

• bring all their waste back aboard;

• respect wildlife, plants and coral;

• refrain from collecting anything from the natural environment;

• observe any prohibited or temporarily closed areas.

Marine wildlife sightings, underwater visibility and swimming conditions depend on the natural environment and are not guaranteed.

8. PERSONAL BELONGINGS AND LIABILITY

Participants must bring clothing, sun protection and personal equipment suitable for a day at sea.

Phones, cameras and other sensitive items must be protected in a suitable waterproof container.

Each participant remains responsible for looking after their personal belongings. Aïto Charter’s liability for loss, theft or damage will be assessed according to the circumstances and applicable legal provisions.

Any damage to the boat or equipment attributable to a participant may result in a claim for reimbursement of substantiated costs.

These terms do not limit any liability that Aïto Charter is legally required to assume.

9. PRICES

The applicable price is the price accepted at the time of booking and stated in the confirmation.

Any additional service must be disclosed and accepted before being charged.

Promotions and discounts cannot be combined or applied retrospectively unless otherwise stated.

10. PERSONAL DATA

Information collected is used to process bookings, organise trips, contact participants and meet applicable administrative and safety obligations.

Necessary data may be shared with service providers involved in booking and payment, within the scope of their duties.

Information about data processing and the exercise of individual rights is available in the website’s privacy policy. Requests may also be sent to Aïto Charter using the contact details provided on the website and in the booking confirmation.

11. COMPLAINTS AND DISPUTES

Where possible, any issue should be reported to the crew during the trip so that it can be addressed on site.

After the trip, complaints may be submitted to Aïto Charter in writing, including the booking reference, trip date and relevant supporting documents. Customers are advised to submit complaints within one month of the trip, without this period limiting their statutory rights.

An amicable solution will be sought before legal proceedings are initiated.

These terms are governed by the law applicable in New Caledonia. If no amicable agreement is reached, the dispute will be referred to the courts having jurisdiction under the applicable rules.