1 - ISSUANCE OF QUOTES - RESERVATIONS - CONFIRMATION OF RESERVATIONS
1.1 The quotes issued by any company of the Group are purely indicative and do not constitute an offer. In fact, the Group cannot guarantee the availability of the cabin and the maintenance of its price based on a simple quote.
1.2 Once the quote is accepted, the Client receives the Specific Conditions, which, together with these General Conditions, constitute the offer of the Group. The reservation is only confirmed once the deposit has been received within the timeframe indicated in the Specific Conditions. Unless otherwise stated, the reservation is valid for 5 calendar days. Once this period expires, if the Client has not made the deposit payment, the offer automatically expires ipso iure, meaning that the Group can no longer guarantee the availability of the cabin, the availability of another cabin for the same cruise, the rate, or the options. Once the deposit has been paid, the Client receives a Booking Confirmation, which constitutes the Specific Conditions of the Cabin Cruise Contract.
These General Conditions apply ipso jure along with the Specific Conditions and are accepted by the Client at the time of the deposit payment.
2 - FORMATION AND ENTRY INTO FORCE OF THE CONTRACT
The Contract between the Parties (the Group and the Client) is validly formed and enters into force when the following two conditions are met:
Acceptance of the Specific Conditions and these General Conditions by the Parties, who expressly acknowledge having read, understood, and accepted them, with such acceptance being automatically acquired upon payment of the deposit.
Receipt of the deposit by the Group.
3 - DESCRIPTION OF THE VESSEL AND CABIN - ONBOARD SERVICES - OPTIONS
3.1 The cabin and the Vessel subject to the Contract are those described in the Specific Conditions. In the Contract, the term "Vessel" includes the boat, its accessories, and associated equipment, as described in the Specific Conditions.
3.2 Cruises are generally conducted on catamarans ranging from 54 to 62 feet, with a capacity of 12 people, including children. If the assigned vessel is smaller than 54 feet, the number of passengers on board will be reduced accordingly. It should be noted that these vessels are designed for sailing as close as possible to nature and the sea, so the level of comfort and service cannot be compared to that of cruise ships. The Client acknowledges being aware of this.
3.3 On catamarans, each cabin is equipped with a private bathroom. However, on monohulls, clients staying in standard cabins will have to share common bathrooms. The bathroom includes a sink, a shower with a hot and cold water mixer tap, and a mechanical or electric toilet.
The Group provides a set of bed linens and towels per cabin.
The Client's attention is drawn to the fact that storage space in the cabins is limited. Luggage is restricted to small bags or suitcases that can be stored in the cabins. There is no additional space. The Group strongly recommends the use of bags and avoiding hard suitcases, which do not fit in the cabin lockers. Bags must be clean to prevent parasitic contamination.
Only common areas will be cleaned by the crew. No cleaning will be performed in the cabins or bathrooms.
If the cruise includes air conditioning, this will be specified in the quote.
If the boat is equipped with air conditioning, the standard operating hours for air conditioning on board worldwide are from 8:00 AM to 10:00 PM. Air conditioning does not operate outside of these hours to minimize noise from the generator and associated equipment and to allow guests to enjoy a night of sleep without the associated noise disturbances.
The generator and air conditioning may only be used outside of these hours with the written agreement of all passengers on board.
By accepting the use of air conditioning outside these hours, the Client fully waives any right to claim complaints arising from the noise on board associated with the air conditioning and the generator during the night.
3.4 Some boats differentiate between standard and superior cabins. The price supplement for superior cabins depends on the destination and the duration of the cruise. The assignment of a specific cabin is never guaranteed (however, the cabin category, where applicable, is guaranteed). Any request for a specific cabin must be made in writing to the Group, which may decide at its sole discretion whether to accommodate it.
3.5 The first and last day of the cruise are generally shorter than a full day, and no refunds will be issued for them.
3.6 Prices do not include the rental of sports equipment not present on the boat, personal expenses off the boat such as meals and drinks, access to WIFI or telephone services, and optional tips for the crew. As a general rule, the vessels are equipped with a paddle and a kayak on board. Additionally, a snorkeling set (standard-quality fins, mask, and snorkel) is available upon request before embarkation.
There are no games, media, or other entertainment elements on board.
3.7 Regarding catering, the offer depends on the destination. Some offers include full board, others half board, with or without beverages, with or without alcohol. Only one offer is available per cruise. This is stated in the quote. In all cases, water, tea, and coffee are free of charge. In some cases, beverages may be sold on board at prices available on board or through the Group. In other cases, if the Client wishes to purchase beverages, they must do so on land.
The Client must inform the Group of any food allergies or dietary requirements no later than one week before embarkation. The Group will make every effort to accommodate such requests. A supplement will be charged for special diets, the amount of which will be determined based on the number of days on board.
3.8 Excursion packages are offered in certain destinations at an additional cost. In some cases, a minimum number of participants is required to guarantee the excursion.
The Client has the option to add airport transfers at an additional cost and with sufficient advance notice, provided that they have provided the Group with all necessary information (flight numbers, etc.).
4 - PRICES AND TAXES
4.1 Price - Destination Fees
Prices are fixed and payable in the currency specified in the Specific Conditions.
Prices remain firm for the duration of the offer. They may be modified once the offer expires.
In addition to the cruise price, destination fees must be paid, which vary depending on the destination.
This includes (depending on the destination):
Customs fees (for the boat)
National Park fees (for the boat)
Tourist and landing fees on the islands
Mooring fees
Water, fuel, gas, fresh produce refills, etc.
Miscellaneous: replacement of broken dishes, lost fishing lines or lures, etc.
The fees include meals, cleaning of common areas only, the mentioned taxes, those specified in the quote, and all expenses related to the boat's operation (water, fuel, mooring fees).
4.2 Taxes
Unless otherwise stipulated in the Specific Conditions, prices include the applicable VAT at the time of Contract acceptance and the taxes mentioned in the quote. For certain destinations (e.g., Seychelles), a local tax must be paid on-site, in cash, and in the local currency. These taxes are not included in the price and are the Client’s responsibility.
5 - PAYMENT CONDITIONS
5.1
The deposit and balance are automatically due on the dates specified in the Specific Conditions. The deposit is non-refundable under any circumstances.
5.2
In the event of non-payment by the Client of any amount due on the due date, DYC may cancel the Client’s reservation without incurring any penalty and without the need for a reminder.
5.3
Where possible, a supplement may be paid for last-minute options taken at the base.
6 - CANCELLATION OR MODIFICATION OF THE CHARTER BY THE CLIENT
6.1
Before the embarkation date, the Client may cancel the Contract by paying the following amounts:
a) Cancellation 90 days or more before the originally scheduled departure: 30% of the cabin price (excluding options) remains payable to the Group. If the lessee has already paid for options, these will be refunded by the Group.
b) Cancellation between 89 and 60 days before the originally scheduled departure: 50% of the cabin price (excluding options) remains payable to the Group. If the lessee has already paid for options, these will be refunded by the Group.
c) Cancellation between 59 and 30 days before the originally scheduled departure: 75% of the cabin price (excluding options) remains payable to the Group. If the lessee has already paid for options, these will be refunded by the Group.
d) Cancellation less than 30 days before the originally scheduled departure: 100% of the cabin price remains payable to the Group (excluding options; unless the cancellation occurs 7 days or less before departure, in which case the options will also remain due and will not be refunded).
e) If the Client does not show up at embarkation time, even if the absence is due to a flight delay or other transfer delays, it will be considered a cancellation with less than 30 days' notice, and the Client will forfeit the entire reservation. If the Client’s delay is due to an airport transfer organized by the Group, this provision will not apply, and the Group will make every effort to ensure that the Client boards on time, while taking care not to overly inconvenience other cruise guests. Any refund due under this article will be processed within 30 days of the Client’s cancellation notice.
6.2
Changes to dates or vessels made after the reservation will be subject to the rates in effect at the time of the change.
7 - PRE-BOARDING FORMALITIES
7.1 Boarding is not permitted unless all of the following conditions are met:
a. Signing of the Reservation Contract, either electronically or physically.
b. Full payment of all amounts due to the Group for this cabin cruise.
c. Signing of the safety report.
d. Submission of the list of accompanying persons, including their names, identification numbers, and dates of birth.
e. Submission of any other documents required by local authorities (e.g., vaccination certificate, visa, passport copy, etc.).
7.2
Animals are not allowed on board.
7.3
The minimum age to board is 6 years old on catamarans and 16 years old on monohulls. If children are on board, the Client is fully responsible for their safety, behavior, and entertainment. No crew member will assume responsibility for them.
7.4
At the time of booking, disabled persons must specify their requirements in as much detail as possible to allow the Group to determine the appropriate cabin for the safety of all passengers.
7.5
All persons on board are presumed to be able to swim properly and independently, even in rough seas. Persons who cannot swim or have difficulty swimming must inform the skipper before boarding. Special safety measures may be imposed, and certain activities may be restricted.
7.6
The Group reserves the right, at its sole and absolute discretion, to assign another boat for the cruise, offering accommodation of similar size and comfort, with the same or similar facilities.
7.7
If, on the scheduled departure date for the cabin cruise, the chartered Boat or an equivalent vessel is unavailable for any reason other than Force Majeure, the Client will have the following options:
If possible, postpone the departure date while maintaining the duration of the cabin cruise.
Maintain the return date of the Boat and receive a refund for the period of unavailability, proportional to the number of unavailable days.
If the delay exceeds one-quarter of the cruise duration, the Client may cancel the cruise and receive a full refund of the amount paid for the cabin cruise
8 - WARRANTIES AND PROCEDURES OF THE GROUP
8.1
The Group declares, warrants, and agrees that, at the time of embarkation, the Vessel will comply with all applicable laws and regulations of the Vessel’s flag state and any country in the cruising area. This includes, but is not limited to, all laws and regulations governing charters, documentation, registration, and customs regulations, ensuring that the Vessel can be legally used for the execution of the Contract. The Group is committed to providing a seaworthy Vessel.
8.2
The Group commits to providing a competent crew (skipper and stewardess). However, skippers and stewards/stewardesses are sailors whose duties are limited to operating the boat and ensuring safe navigation for the skipper. The stewardess’ responsibilities are limited to preparing meals, setting and clearing the table, washing dishes, and cleaning common areas. They are not porters, babysitters, housekeepers, or additional cleaning staff.
8.3
If any issue arises during the trip, the Client must report it to the skipper or base as soon as it occurs (whether at departure or during the cruise), allowing the Group the opportunity to find a solution. If the Group cannot resolve the issue, the Client may escalate the matter through their sales agent after the trip, but no later than four weeks from the return date. The Group’s customer service team will conduct a thorough investigation, contact the skipper or base, arbitrate, and communicate with the Client.
If the issue is not reported during the trip, any subsequent claims will be inadmissible.
8.4
If excursions or other additional services are unavailable at the time of the cruise, the Group will strive to offer substitute excursions or services that meet the Client’s expectations at no additional cost. If the Group cannot provide replacement services, the Client will be refunded the full value of the excursions or additional services that were not provided.
This clause does not apply to cancellations made by the Client.
8.5
The skipper may modify the itinerary at any time due to adverse weather conditions or operational constraints of any kind. Additionally, the Group cannot guarantee passenger comfort in the event of unfavorable weather conditions. The skipper may be required to adjust the itinerary to avoid sailing in conditions of obvious discomfort. The Client acknowledges these risks and waives any claims in this regard.
9 - CLIENT RESPONSIBILITIES
9.1
At check-in and before signing the safety briefing, the Client must verify that the cabin and its equipment are in proper working order and comply with standards. At this time, the Client may notify the Group of any discrepancies or deficiencies. The Client’s acceptance confirms that the Group’s boarding obligations have been met.
9.2
The Client is solely responsible for all personal belongings, both material and immaterial, brought on board.
The Client and their companions must take great care of electronic devices such as phones, cameras, and laptops, ensuring they have waterproof covers when boarding.
The Group strongly discourages bringing valuables or large sums of cash and declines all responsibility in case of theft, damage, or loss. The Group does not provide safes on board.
9.3
The Client accepts responsibility for all accompanying persons and agrees to ensure that they comply with all terms of the Contract and crew instructions.
Special attention must be given to the presence of children, who remain the exclusive responsibility of the Client and accompanying adults.
9.4
The Client must comply with all applicable regulations in the cruising area, particularly those regarding protected areas, marine parks, and fishing restrictions.
The Client exonerates the Group from any claims or legal actions resulting from their failure to comply with these rules.
All illegal activities (drug trafficking, prostitution, transport of immigrants, transport of illegal materials such as weapons or hazardous goods) are strictly prohibited.
If the Client possesses or uses such substances, or if their behavior endangers the safety of the company, they will face consequences.
If the Client’s behavior jeopardizes the safety of passengers (e.g., severe intoxication), the captain may disembark the individual(s) at the next port without any refund for the cabin cruise.
9.5
The Client is explicitly warned about the specific nature of boat toilets.
Any improper use—especially disposing of anything other than the designated amount of toilet paper—may render the toilets inoperable.
The Client will be held responsible.
9.6
If the Client chooses to interrupt or shorten their cabin cruise or not use certain services, no refunds will be granted.
10 - INSURANCE
10.1
The Group has taken out insurance with an accredited P&I Club to cover any damages suffered by passengers on the cruise.
10.2
However, the following aspects are excluded from the scope of the insurance for both the Client and any person on board and are therefore not covered:
Theft or loss of personal belongings.
Any accident occurring on board or during the cabin cruise due to causes beyond the Group’s control.
Any damage caused by a deliberate or intentional act of the Client or their companions.
Any violation by the Client or their companions of the rules established in the Contract or the crew’s instructions.
10.3
Clients are strongly advised to take out travel insurance to cover any losses they may incur if the cabin cruise is canceled before departure or to cover losses not included in the Group’s insurance. The Group is available should the Client require further information.
11 - FORCE MAJEURE
11.1
The Group shall not be held liable for partial or total non-performance of its obligations under this Contract if such non-performance or delay in its contractual obligations results from a Force Majeure event, including but not limited to:
Government decisions or laws (e.g., maritime assistance obligations).
War, whether formally declared or not, including civil war.
Threats to personal safety, such as hostage-taking, kidnapping, assassination, bomb attacks, suicide attacks, boarding, acts of piracy.
Explosions, civil unrest, acts of terrorism, uprisings, insurrections, or coups d’état.
Sabotage, fire, floods, droughts, monsoons, natural disasters, cyclones (including tropical cyclones), named weather phenomena.
Epidemics, quarantines, lockdowns.
Disruptions in supply sources (e.g., energy, raw materials) or transportation.
Blockage of transport routes (e.g., canals, port access, port congestion).
Strikes, lockouts, or any other event beyond its control.
11.2
In the event of a delay or non-performance due to any of the above events preventing the cabin cruise from taking place as planned:
All payments made for the cabin cruise will be credited toward future cabin cruises.
The Group will provide alternative proposals to the Client, allowing them to rebook a cabin cruise at a different location, on different dates, or both, subject to availability and the Client’s preferences.
The Group shall not be liable for any additional expenses incurred by the Client due to modifications to their cabin cruise resulting from a Force Majeure event.
12 - LIMITATION OF LIABILITY
12.1
The Group shall only be held liable in cases of gross negligence on its part.
12.2
The Boat is insured under the conditions stipulated in Article 10, and the Client agrees to waive any claims against the Group for amounts exceeding the reimbursements made by the insurers, as per the insurance policy and Article 10, in any jurisdiction.
12.3
The Group’s total liability—regardless of the basis or nature of the action brought against it for damages not covered by the insurance provided in Article 10 (e.g., defective equipment)—shall never exceed the amount paid by the Client for the cruise.
12.4
Under no circumstances shall the Group be liable for consequential and/or indirect damages, including:
Loss of use, data, operations, profits, business, revenue, customers, anticipated savings, reputation.
More generally, any economic or financial losses, whether considered indirect or directly resulting from the event leading to the compensation claim.
13 - COMPLIANCE WITH APPLICABLE LEGISLATION - ECONOMIC SANCTIONS - PERSONAL DATA
13.1
The Parties agree to comply with all applicable laws, regulations, and standards, particularly those related to the fight against corruption, illegal trafficking, and any customs or environmental regulations.
13.2
Economic Sanctions - Embargo
The Parties declare and guarantee that they and their Representatives will comply with all applicable restrictions and/or prohibitions on commercial transactions under any law, regulation, standard, or any governmental entity, including but not limited to the United States, the European Union, the United Nations, and the United Kingdom.
Furthermore, the Parties declare and guarantee that neither they nor any of their Representatives are identified, included in the list, nor are owned or controlled by any entity listed by the United States, the European Union, the United Nations, or the United Kingdom as a "Blocked Person," "Denied Person," "Specially Designated National," and are not subject to any prohibition on doing business under any law, regulation, standard, or other provisions issued by the United States, the European Union, the United Nations, or the United Kingdom.
Each Party shall immediately notify the other if they or any of their Representatives are listed on any sanctions list.
The Parties shall not, directly or indirectly, enter into any agreement or transaction with any "Blocked Person," "Denied Person," or "Specially Designated National" in any way related, directly or indirectly, to the goods or services provided under this Agreement.
13.3
Personal Data
The Client has the following rights under the conditions set forth by the applicable personal data protection legislation:
The right to access and obtain a copy of their personal data held by the Group,
The right to rectify and update inaccurate or incomplete personal data,
The right, under certain conditions, to the total or partial deletion of their personal data,
The right to obtain information on how the Group uses their data,
The right to object, at any time and without justification, to the processing of their data for commercial prospecting purposes (e.g., receiving SMS or promotional emails), even if the Client has initially consented.
These rights can be exercised by sending an email to the Group's email address.
14 - APPLICABLE LAW - JURISDICTION
The Contract is subject to the laws of Mauritius.
In case of a dispute between the Parties, the aggrieved Party shall inform the other Party by registered letter. The Parties agree to try to find an amicable solution to the dispute by negotiating in good faith.
If no amicable solution is reached within 60 days from the receipt of the letter outlining the grievance, any issue relating to the formation, interpretation, or execution of the Cabin Cruise Contract, despite multiple defendants or the involvement of third parties, including in cases of urgent or interim proceedings, summary proceedings, or at the request of a Party, shall be exclusively subject to the competent courts of Port Louis - Mauritius.
15 - MISCELLANEOUS PROVISIONS
15.1
Integrity of the Contract: The Cabin Cruise Contract and these General Terms and Conditions for the Cabin Cruise, which are an integral part thereof, constitute the entire agreement between the Parties regarding its subject matter. It supersedes any previous commitments or agreements made between the Parties with respect to the same subject or matter as of its effective date.
15.2
Partial Invalidity: If any provision of this Agreement is declared invalid or unenforceable under any law, regulation, or definitive decision of a competent court, such provision shall be modified to the extent necessary to make it valid or shall be considered null and void, but such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions of the Agreement. The Parties agree to make their best efforts to replace any invalid or void clause with a new clause as close as possible to the original intent of the Parties.
15.3
Assignment - Subcontracting: The Group shall be free to assign or subcontract all or part of its rights and obligations arising from the Cabin Cruise Contract to any company of its choice, without prior authorization from the Client.
15.4
Communication: Communications between the Parties shall take place via email or phone for routine matters, and for urgent matters, particularly in case of a claim. Written requests may be made. Disputed communications must be sent by registered mail with acknowledgment of receipt or by certified letter with acknowledgment of receipt.
Any issues regarding the Contract or these General Terms and Conditions may be addressed to the Group's email address.
15.5
Unless the Client explicitly objects, the Group may use any image of the Boat, in which crew members may appear, for promotional or marketing purposes in any media, including but not limited to brochures, videos, press advertisements, Internet ads, slideshows, or video projections, at no charge.
16 - ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS
These General Terms and Conditions for Cabin Cruises have been read, understood, and expressly accepted by both the Client and the Group, with the Group accepting them by issuing its offer and the Client accepting them through the payment of the deposit, which can only be made after approval of these General Terms and Conditions for Cabin Cruises.