General Terms and Conditions of Sale – Whale Watching Season 

Article 1 – Registration and Payment

The General Terms and Conditions of Sale are deemed to have been read and accepted upon receipt of payment. Registration becomes effective upon payment confirmation.

In accordance with applicable consumer protection regulations, bookings for leisure activities taking place on a specific date are not subject to any statutory cooling-off period.

1.1 Payment Methods

Payments may be made by:

• Bank transfer
• Credit or debit card
• Cash
• Online payment through our website

1.2 Online Booking

Prior to making a reservation, the Customer undertakes to provide accurate and complete information through the online booking platform.

Reservations are only confirmed once payment has been successfully received.

Where members of the same group make separate bookings, customers are advised to book simultaneously in order to guarantee availability on the same vessel. Aïto Charter cannot be held responsible if late bookings result in members of the same group being allocated to different vessels.

Online reservations are processed through the Ultinow booking platform. Upon completion of the booking process, the Customer will receive an electronic confirmation including:

• Description of the booked services
• Prices
• Cancellation terms
• Booking date
• Customer service information
• Contact details of Aïto Charter

For online bookings, full payment is required at the time of reservation regardless of the departure date.

Article 2 – Modifications Requested by the Customer

2.1 Cancellation Policy

All cancellation requests must be submitted in writing by any means allowing proof of receipt.

Cancellation fees are calculated based on the total price of the booking, including taxes:

• From the date of booking up to more than 24 hours before departure: 50% cancellation fee.
• Less than 24 hours before departure: 100% cancellation fee.

As an exceptional measure, a refund request may be considered upon presentation of supporting documentation, such as proof of departure from New Caledonia (airline ticket).

Likewise, a postponement request may be considered upon presentation of a medical certificate submitted within 48 hours of cancellation. Any rescheduled booking must be confirmed within three (3) days of the cancellation date.

For group bookings made under a single reservation, any exceptional refund or postponement granted to one participant based on supporting documentation shall apply only to that participant. Other participants remain subject to the standard cancellation terms.

2.2 Changes to Bookings

Any request to change a booking, including departure date, vessel, destination, number of participants or type of excursion, must be submitted as early as possible.

Requests made less than 24 hours before departure shall be treated as cancellations and subject to the cancellation policy above.

Changes requested more than 24 hours before departure may incur an administration fee of 1,000 XPF per participant.

Unused services included within a booked package are non-refundable.

2.3 Changes During the Excursion

Any modification to the itinerary or programme requested by a participant may only be implemented with the unanimous agreement of the skipper and all participants.

2.4 Transfer of Booking

A booking may be transferred free of charge to another person provided that Aïto Charter is notified at least three (3) days before departure.

The resale of tickets or places is strictly prohibited.

2.5 Early Termination of Services

Any excursion interrupted at the participant's request, whether for medical, personal, professional, or other reasons, shall not entitle the participant to any refund.

Additional costs incurred as a result of such interruption remain the sole responsibility of the participant.

Article 3 – Modifications by Aïto Charter

3.1 Cancellation by Aïto Charter

Insufficient Number of Participants

A minimum of eight (8) participants is required for departures from Nouméa.

Should this minimum not be reached, Aïto Charter reserves the right to cancel the excursion no later than the morning preceding departure.

The Customer may then choose between:

• A full refund of all amounts paid; or
• A credit towards another excursion of equivalent value.

No additional compensation shall be payable.

Adverse Weather Conditions

Should weather conditions be considered unsafe, customers will be notified as soon as possible.

The Customer may choose between:

• Postponement to another available departure date; or
• An exceptional refund request considered on a case-by-case basis upon presentation of proof of departure from New Caledonia.

Force Majeure

Aïto Charter may cancel or postpone an excursion due to circumstances beyond its control, including but not limited to:

• Extreme weather conditions
• Natural disasters
• Political unrest
• Strikes
• Road closures
• Public health emergencies
• Pandemics
• Traditional mourning periods
• Any other force majeure event

Only Aïto Charter's management and operational team are authorised to determine whether such circumstances justify cancellation.

Where a postponement is offered, participants shall not be entitled to a refund except under exceptional circumstances approved by Aïto Charter.

If departures from Prony become impossible for safety reasons during the whale-watching season, bookings may be transferred to departures from Nouméa without additional charge.

Article 4 – Liability

4.1 Public Liability Insurance

Aïto Charter maintains professional public liability insurance.

However, such insurance does not replace the participant's personal liability insurance coverage.

Any damage to equipment caused by a participant may be charged accordingly.

4.2 Events Beyond Aïto Charter's Control

Aïto Charter shall not be held liable for any failure to perform services due to:

• Participant delays, absence, misconduct, or unsafe behaviour;
• Third-party actions;
• Force majeure events.

Participants arriving more than fifteen (15) minutes after the scheduled boarding time may be left behind. No refund or postponement shall be granted.

The absence of whale sightings, limited sightings, or weather conditions considered unsatisfactory by participants shall not entitle them to a refund or compensation.

4.3 Safety Rules

Participants must comply with all safety instructions issued by the skipper.

Aïto Charter reserves the right to exclude any participant whose behaviour endangers the safety, comfort, or well-being of the group.

No refund shall be granted in such circumstances.

Article 5 – Equipment

Participants are responsible for bringing all equipment specified in the excursion information sheet.

Personal belongings remain entirely the responsibility of their owners.

Aïto Charter shall not be liable for loss, theft, or damage to personal property.

Waterproof storage compartments are available on board for electronic devices.

Article 6 – Prices and Payment

Prices are subject to change without notice and are confirmed only upon booking.

Promotions and discounts may not be combined and are not retroactive.

Online payments are processed securely through the Ultinow and Stripe platforms.

Should a payment be declined by the issuing bank, the Customer must contact both their bank and Aïto Charter to complete the booking.

Article 7 – Privacy Policy

Personal information collected during the booking process is used solely for reservation management and payment processing.

Such information may be transmitted to payment providers including Stripe for the purpose of processing transactions.

Aïto Charter and its service providers undertake to maintain the confidentiality and security of personal data in accordance with applicable data protection laws.

Customers have the right to access, correct, or request deletion of their personal information.

Article 8 – Complaints and Jurisdiction

Any complaint relating to an excursion must be submitted by registered mail with acknowledgment of receipt within one (1) month following the date of the excursion, together with all supporting documentation.

Any dispute arising from the interpretation or execution of these Terms and Conditions shall fall under the exclusive jurisdiction of the competent courts of Nouméa, New Caledonia.