About Blue Caledonia Diving

Share the same passion with unique activities experience

Sale conditions

1. Purpose

These general conditions define the rights and obligations of the parties in the context of the remote reservation of services offered by our establishment, the details of which are specified in this reservation confirmation document. They govern all the necessary steps for the reservation and follow-up of the reservation between the contracting parties. The customer acknowledges having read and accepted these general sales conditions and the sales conditions of the reserved rate accessible on our booking platform. These general sales conditions apply to all reservations made via the internet, through our booking platform.

2. Reservation

The customer chooses the services presented on our booking platform. They acknowledge having taken note of the nature, destination, and reservation methods of the services available on our booking platform and have requested and obtained the necessary and/or additional information to make their reservation with full knowledge of the facts. The customer is solely responsible for their choice of services and their suitability for their needs, so our responsibility cannot be sought in this regard. The reservation is deemed accepted by the customer at the end of the reservation process.

3. Reservation Process

Reservations made by the customer are done through the dematerialized reservation form accessible online on our booking platform. The reservation is deemed formed upon receipt of the reservation form. The customer agrees, prior to any reservation, to complete the information requested on the form or reservation request. The customer certifies the truth and accuracy of the information provided. After the final choice of services to be reserved, the reservation procedure includes, in particular, entering the credit card details in case of a guarantee or prepayment request, consulting and accepting the general sales conditions and the sales conditions of the reserved rate before confirming the reservation and, finally, validating the reservation by the customer.

4. Reservation Confirmation

Our booking platform acknowledges receipt of the customer's reservation by promptly sending an email. In the case of online booking, the confirmation email summarizes the contract offer, the reserved services, the prices, the sales conditions related to the selected rate, accepted by the customer, the date of the reservation, information about after-sales service, and the address of the seller's establishment where the customer can make complaints.

5. Cancellation or Modification by the Customer

It is reminded to the customer that they do not have a right of withdrawal. The sales conditions of the reserved rate specify the cancellation and/or modification procedures for the reservation. Reservations with prepayment cannot be modified or canceled. The amounts paid in advance, such as deposits, will not be refunded. In this case, it is mentioned in the rate's sales conditions. When the sales conditions of the reserved rate allow it, the reservation can be canceled directly with the establishment, whose contact details are provided in the reservation confirmation sent by email. Unless otherwise stated, each reservation is nominative and cannot be transferred to a third party, whether for free or for a fee.

6. Consumption of the Service

Any behavior contrary to good morals and public order will lead the establishment to request the customer to leave the establishment without any compensation or refund if a payment has already been made. For establishments with an internal regulation, the customer accepts and undertakes to comply with said regulation. In case of non-compliance by the customer with any provision of the Internal Regulation, the establishment will be obliged to ask the customer to leave the establishment without any compensation or refund if payment has already been made.

7. Liability

The photographs presented on our booking platform are not contractual. Even though every effort is made to ensure that the photographs, graphic representations, and texts reproduced to illustrate the presented establishments give as accurate an overview as possible of the services offered, variations may occur between the time of booking and the day of service consumption. The establishment cannot be held responsible for the non-performance or improper performance of the reservation in the event of force majeure, third-party actions, or actions by the customer, including internet network unavailability, inability to access the website, external intrusion, computer viruses, or in the case of prepayment not authorized by the cardholder. Any reservation or payment that is irregular, ineffective, incomplete, or fraudulent for reasons attributable to the customer will result in the cancellation of the order at the customer's expense, without prejudice to any civil or criminal action against the customer.

8. Complaints

Complaints related to the non-performance or improper performance of the reserved services must, under penalty of forfeiture, be brought to our attention in writing within eight days after the departure date from the establishment.

9. Prices

The prices related to the reservation of services are indicated before and during the reservation. Prices are confirmed to the customer in the form of all taxes included (TTC), in the commercial currency of the establishment, and are valid only for the duration indicated on the booking platform. If the debit to the establishment is made in a currency other than that confirmed in the reservation, the exchange fees are the customer's responsibility. All reservations, regardless of their origin, are payable in the local currency of the establishment, unless specific arrangements are indicated on site. Unless otherwise stated on the booking platform, additional services are not included in the price. Taxes (local taxes, tourist taxes, etc.), if applicable, presented on the rate page, must be paid directly on-site to the establishment. Prices take into account the taxes applicable on the day of the order, and any change in the applicable rate will be automatically reflected in the prices indicated at the time of billing. Any modification or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices indicated at the time of billing.

10. Payment

The customer provides their banking details for the reservation, unless there are specific conditions or special rates, by credit or private bank card (Visa, Mastercard, American Express, etc., as offered by the establishment's booking platform) by directly entering, in the field provided for this purpose (secure entry by SSL encryption), the card number without spaces between the digits, as well as its validity date (it is specified that the credit card used must be valid at the time of service consumption) and the visual cryptogram. The customer must present themselves to the establishment with the bank card they used to guarantee the reservation. In case of a no-show (non-canceled reservation – customer not present) for a reservation, the establishment will debit the customer, as a flat-rate indemnity, the amount indicated in its general and special sales conditions. The establishment has chosen ultinow.com/stripe.com to secure online payments by credit card. The validity of the customer's payment card is verified by stripe.com. There may be a refusal of the payment card for various reasons: stolen card, blocked card, reached limit, input error, etc. In case of a problem, the customer should contact their bank on one hand, and the establishment on the other hand to confirm their reservation and payment method. In the case of a rate subject to online prepayment, the amount paid in advance, such as the deposit, is debited at the time of reservation. Some establishments may generate electronic invoices/receipts, and the original file is certified and available online at the internet address provided by the establishment.

11. Respect of Privacy

The customer is informed, on each form collecting personal data, of the obligatory or optional nature of the responses by the presence of an asterisk. The processed information is intended for the establishment and online payment providers. During online payment, the customer's bank details will need to be transmitted by the payment provider stripe.com to the establishment's bank for the execution of the reservation contract. The customer is informed that this data transfer may occur in foreign countries that do not have adequate data protection as defined by the Information Technology and Freedom Act. However, the customer consents to this necessary data transfer for the execution of their reservation. Ultinow SAS / Stripe.com, as professionals, have committed to the establishment to take all security measures and ensure data confidentiality for these data transfers.

12. Proof Convention

The entry of the required banking information, as well as the acceptance of these general conditions and the reservation form or request, constitutes an electronic signature that has the same value between the parties as a handwritten signature. The computerized records stored in ultinow.com's computer systems will be kept under reasonable security conditions and considered as evidence of communications, orders, and payments made between the parties. The customer is informed that their IP address is recorded at the time of the reservation.

13. Force Majeure

Force majeure refers to any event outside the control of the parties that is both unpredictable and insurmountable, preventing either the customer or the establishment from fulfilling all or part of the obligations under the contract. Events typically recognized as cases of force majeure or fortuitous events are those commonly acknowledged by French court and tribunal jurisprudence. Each party cannot be held liable to the other party in the event of non-performance of their obligations due to a force majeure event. It is expressly agreed that force majeure suspends the performance of reciprocal obligations for the parties, and each party bears the cost resulting from such events.

14. Dispute Resolution

These General Sales Conditions are governed by the law of the country where the establishment is located, without prejudice to any potentially applicable protective provisions in the customer's country of residence.

15. Entirety

These General Sales Conditions, the sales conditions of the reserved rate by the customer, and the reservation form or request express the entirety of the parties' obligations. No general or specific conditions communicated by the customer can be integrated into these general conditions. The documents forming the contractual commitments between the parties, in decreasing order of priority, are the reservation form or request (including the specific conditions of the reserved rate) and these general conditions. In case of contradiction between the reservation form and the general conditions, the provisions in the reservation form will be the only ones applicable to the relevant obligation. These general sales conditions for internet sales can be modified and/or supplemented by the establishment at any time. In this case, the new version of the general conditions for internet sales will be posted online by the establishment. Once it is online, the new version of the general conditions for internet sales will automatically apply to all customers.