General terms and conditions of sale and use
1. Purpose
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These General Terms and Conditions of Sale define the conditions applicable to the services offered under the trade name NosyMitsio.com, operated by Nosy Be Rêves de Pêche SARL, a company registered in Madagascar.
NosyMitsio.com refers to the website and trade name used to present and market excursions, stays, sea transfers, discovery activities, nautical activities, meals, accommodation and associated services in the Mitsio Archipelago, departing from Nosy Be or from any other point agreed with the client.
Any booking request, quotation approval, contract signature or deposit payment implies full and complete acceptance of these General Terms and Conditions of Sale.
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2. Services offered
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The services offered may include, depending on the package chosen :
sea transport to the Mitsio Archipelago ;
accommodation ;
meals included in the package ;
activities mentioned in the quotation, contract or programme ;
assistance from the local team ;
transfers or additional services expressly provided for.
Only the services indicated in the quotation, contract or booking confirmation are included.
Any service not mentioned as included is considered excluded and may be subject to additional billing.
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3. Booking
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Any booking becomes firm only after :
approval of the quotation or contract by the client ;
acceptance of these General Terms and Conditions of Sale ;
payment of the requested deposit.
Nosy Be Rêves de Pêche SARL reserves the right to refuse or cancel a booking as long as the deposit has not been received.
The client is responsible for the accuracy of the information provided at the time of booking, including the number of participants, desired dates, special requirements, allergies, dietary restrictions, known medical conditions or any information that may affect the safety or organisation of the service.
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4. Prices
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Prices are indicated in euros (€), unless otherwise stated.
The prices include only the services expressly indicated in the quotation, contract or booking confirmation.
Nosy Be Rêves de Pêche SARL reserves the right to change its prices at any time. However, a confirmed service will be charged on the basis of the price validated at the time of booking, unless a later modification is requested by the client.
Costs not included in the package, personal expenses, drinks or services not included, optional activities, specific taxes or additional services remain the responsibility of the client.
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5. Payment
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A deposit of 25% of the total amount is required to confirm the booking, unless specific conditions are indicated in the quotation or contract.
The balance must be paid according to the terms specified in the quotation, contract or booking confirmation.
If the balance is not paid within the required timeframe, Nosy Be Rêves de Pêche SARL reserves the right to cancel the service, without automatic refund of the deposit already paid.
Any bank charges, transfer fees, exchange fees or payment commissions are the responsibility of the client.
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6. Modification by the client
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Any request to modify the date, duration, number of participants or content of the service must be made in writing.
Modifications are subject to availability and may result in a price adjustment.
Nosy Be Rêves de Pêche SARL is not required to accept a modification requested by the client if it is incompatible with the organisation, accommodation availability, weather conditions, safety, maritime logistics or commitments already made to service providers.
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7. Cancellation by the client
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Any cancellation by the client must be notified in writing. The date on which the message is received will be used to calculate any cancellation fees.
Unless specific conditions are indicated in the quotation or contract, cancellation fees are as follows :
- more than 30 days before departure : refund of the deposit, after deduction of any bank, administrative or logistical costs already incurred ;
- 30 days and less before departure : deposit non-refundable ;
- absence of the client on the day of departure : no refund.
Where costs have already been incurred with third-party providers, including accommodation, transport, meals, logistics or specific services, these costs may be deducted from any refundable amounts.
Nosy Be Rêves de Pêche SARL may, without obligation, attempt to resell or offer the cancelled dates again. If the cancelled services are effectively resold, a partial refund may be considered in proportion to the amounts recovered, after deduction of costs incurred.
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8. Cancellation or modification by Nosy Be Rêves de Pêche SARL
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Nosy Be Rêves de Pêche SARL reserves the right to cancel, postpone, modify or adapt a service before or during its execution in the event of force majeure, unfavourable weather conditions, dangerous sea conditions, breakdown, technical problem, fuel issue, illness, unavailability of a service provider, safety risk or any situation beyond its control.
Where possible, an alternative solution will be proposed : postponement, itinerary change, programme adjustment or equivalent service.
If cancellation occurs before departure and no postponement or adaptation is possible, the sums paid may be refunded, after deduction of costs already incurred and not recoverable from third-party providers.
If a modification or interruption occurs during the stay for reasons of safety, weather, sea conditions, force majeure or by decision of the skipper, no automatic refund will be due for activities not carried out.
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9. Weather conditions and maritime safety
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The services offered take place in a natural, maritime and isolated environment, subject to changing weather conditions.
The client acknowledges that the weather, sea state, wind, tides, visibility, currents or any other natural condition may result in a programme modification, itinerary change, postponement, reduction or cancellation of certain activities.
Decisions relating to maritime safety are the sole responsibility of the skipper, the activity manager or Nosy Be Rêves de Pêche SARL.
The client agrees to strictly follow the instructions given by the team, particularly on board the boat, during boarding, disembarking, swimming, nautical activities, movements on land or excursions.
Any refusal to comply with safety instructions may result in the participant being excluded from the activity or service, without refund.
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10. Nautical activities, swimming, snorkelling and leisure activities
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Nautical activities, swimming, snorkelling, boat trips, beach activities, walks, towable tube rides, discovery activities and, more generally, any activity carried out in a natural environment involve inherent risks.
These risks may include, in particular : falls, slips, cuts, injury, feeling unwell, fatigue, drowning, stings or bites from animals, contact with coral, rocks, sea urchins, jellyfish, fish or other natural elements, allergic reactions, sunburn, dehydration or accidents related to the sea.
The client acknowledges that they have been informed of these risks and participate in the activities under their own responsibility, within the limits permitted by law.
Participants must be able to swim for any activity involving entering the water, unless a specific prior agreement and suitable supervision have been arranged.
Nosy Be Rêves de Pêche SARL reserves the right to refuse a person’s participation in an activity if their physical condition, behaviour, age, equipment or the conditions at the time present a risk to themselves, to other participants or to the team.
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11. Health, physical fitness and behaviour of participants
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The client declares that they are in a state of health compatible with the services booked.
It is the client’s responsibility to report, before departure, any illness, allergy, dietary restriction, medical treatment, pregnancy, disability, heart, respiratory or joint condition, balance disorder, inability to swim or any other information that may affect the safety, catering or organisation of the stay.
Nosy Be Rêves de Pêche SARL cannot be held responsible for the consequences of medical, dietary or personal information that has not been communicated, or that is inaccurate or incomplete.
Participants undertake to behave in a careful, respectful manner compatible with the safety of the group.
Any dangerous, aggressive, disrespectful behaviour, behaviour under the influence of alcohol or substances, or behaviour likely to endanger the participant, the group, the team, the boat, the service providers or the environment may result in immediate exclusion from the service, without refund.
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12. Meals, allergies and food poisoning
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Included meals are prepared or provided as part of the planned services, taking into account local supply, storage and organisational conditions.
The client must report in writing, before booking or at the latest before departure, any food allergy, intolerance, special diet or medical restriction.
Nosy Be Rêves de Pêche SARL will make its best efforts to take the information provided into account, without being able to guarantee the complete absence of traces of allergens or cross-contamination.
Nosy Be Rêves de Pêche SARL cannot be held responsible for an allergic reaction, intolerance, feeling unwell or food poisoning where the client has not provided the necessary information, has consumed food or drinks outside the service, has not followed the instructions given, or where no direct fault can be established against Nosy Be Rêves de Pêche SARL.
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13. Accommodation and third-party services
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Certain services may be carried out with the involvement of third-party providers, including accommodation providers, restaurants, transport operators, guides, nautical service providers or other local partners.
Nosy Be Rêves de Pêche SARL selects its providers with care, but cannot be held responsible for actions, delays, failures, accidents, losses, theft, damage or shortcomings directly attributable to an independent third-party provider, except in the event of proven fault on its part in the choice or coordination of the provider.
The specific conditions of certain third-party providers may also apply, particularly regarding cancellation, refund, safety or liability.
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14. Insurance
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Nosy Be Rêves de Pêche SARL holds insurance related to the use of the boat, according to the cover provided by the applicable insurance contract.
This insurance applies only to maritime transport carried out on board the boat under the conditions provided for in the insurance contract. It does not necessarily cover activities carried out on land, nautical activities, swimming, snorkelling, beach leisure activities, excursions, accommodation, meals, personal belongings, medical expenses, assistance, repatriation, cancellation of the stay or damage occurring outside the strict scope of transport by boat.
This insurance does not in any way replace the client’s personal insurance.
Each participant must ensure, before departure, that they have personal insurance suited to their stay and to the planned activities, covering in particular :
trip cancellation ;
medical expenses ;
bodily injury ;
nautical activities, swimming, snorkelling and leisure activities in a natural environment ;
assistance and repatriation ;
loss, theft or damage to luggage and personal belongings.
The client acknowledges that certain activities in a maritime, isolated or natural environment may not be covered by their usual insurance. It is therefore their responsibility to check, before departure, the exact scope of their cover with their insurer.
Nosy Be Rêves de Pêche SARL cannot be held responsible for any absence, insufficiency or exclusion of cover under the client’s personal insurance.
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15. Liability
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Nosy Be Rêves de Pêche SARL undertakes to provide its services with care, diligence and professionalism.
However, Nosy Be Rêves de Pêche SARL cannot be held liable for damage resulting in particular from :
failure to follow safety instructions ;
fault, carelessness or negligence by the client ;
inappropriate or dangerous behaviour ;
a pre-existing or unreported health problem ;
an allergy, intolerance or restriction that was not communicated ;
a natural event ;
force majeure ;
an unforeseeable event or event beyond its control ;
the actions of a third party ;
loss, theft or damage to personal belongings ;
an activity carried out freely by the client outside the supervision of Nosy Be Rêves de Pêche SARL.
The liability of Nosy Be Rêves de Pêche SARL may only be sought within the limits provided by applicable law and only in the event of proven fault directly attributable to the company.
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16. Personal belongings
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Clients remain responsible for their personal belongings, luggage, phones, cameras, video cameras, glasses, jewellery, cash, documents, electronic equipment or any other personal item.
Nosy Be Rêves de Pêche SARL declines any liability in the event of loss, theft, breakage, damage, falling into the water, humidity, sand, impact or damage caused to clients’ personal belongings, except in the event of proven fault directly attributable to the company.
It is recommended not to bring valuable items, or to protect them with suitable equipment.
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17. Equipment made available
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Any equipment made available to the client must be used with care and in accordance with the instructions given.
The client is responsible for any loss, breakage, damage or abnormal use of the equipment made available.
In the event of damage attributable to the client, replacement or repair may be charged to them.
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18. Children and minors
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Minors remain under the permanent responsibility of their parents, legal representatives or accompanying adults.
Nosy Be Rêves de Pêche SARL cannot be considered responsible for the individual supervision of children outside the general instructions related to the service.
Accompanying adults must ensure that children comply with safety instructions, particularly on board, on land, during swimming, nautical activities and movements.
Certain activities may be refused to children or subject to conditions depending on their age, height, ability to swim, state of health, weather conditions or the assessment of the team.
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19. Image rights
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Photos or videos may be taken during the services.
The use of images of clients for promotional purposes, including on the website nosymitsio.com, social networks or communication materials of Nosy Be Rêves de Pêche SARL, will only be made with their prior consent.
The client may refuse the use of their image by indicating this before or during the service.
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20. Respect for the environment
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The services take place in a fragile natural environment.
Clients undertake to respect the wildlife, flora, beaches, reefs, villages, inhabitants and environmental instructions given by the team.
It is forbidden to throw waste into nature or into the sea, damage coral, collect protected species, deliberately disturb animals or harm the sites visited.
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21. Force majeure
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The following are considered, in particular, cases of force majeure or circumstances beyond the control of Nosy Be Rêves de Pêche SARL : dangerous weather conditions, cyclone, heavy swell, strong wind, natural disaster, fire, epidemic, illness, accident, death, strike, administrative decision, navigation restriction, fuel shortage, unforeseeable breakdown, unavailability of a service provider, political unrest, security event or any other unforeseeable, unavoidable or external event preventing the normal execution of the service.
In the event of force majeure, Nosy Be Rêves de Pêche SARL may adapt, postpone, modify or cancel the service without its liability being incurred.
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22. Complaints
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Any complaint must be sent in writing to Nosy Be Rêves de Pêche SARL within 7 days after the end of the service.
The complaint must specify the facts concerned and be accompanied, where possible, by the necessary supporting documents.
After this period, or in the absence of sufficient evidence, the complaint may not be taken into account.
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23. Applicable law and disputes
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These General Terms and Conditions of Sale are governed by Malagasy law.
In the event of a dispute, the parties will first seek an amicable solution.
Failing an amicable agreement, the dispute will be submitted to the competent courts of Madagascar.
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24. Modification of the General Terms and Conditions of Sale
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Nosy Be Rêves de Pêche SARL reserves the right to modify these General Terms and Conditions of Sale at any time.
The applicable version is the one in force at the time the booking is confirmed, unless otherwise agreed by the parties.
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