General Terms and Conditions

Article 1: Purpose

The present General Terms and Conditions (hereinafter referred to as the "GTC") govern the contractual relationships between the company BORA BORA LOCATION DE BATEAUX (hereinafter referred to as the "Seller LA PLAGE"), registered with the Papeete Trade and Companies Register under number RCS 147B, whose registered office is located in Matira, and any natural or legal person (hereinafter referred to as the "Client") wishing to purchase tourist activities (hereinafter referred to as the "Activities") offered on the website. www.laplage-borabora.com (hereinafter referred to as the "Site").

Article 2: Acceptance of the General Conditions of Sale (GCS)

The validation of an Activity order by the Client on the Site implies full and complete acceptance of these General Terms and Conditions (GTC), of which the Client acknowledges having been informed prior to placing their order. The GTC are accessible at any time on the Site and can be saved and/or printed by the Client.

Article 3: Duration – Extension

Private tours are concluded for a fixed duration and confirmed upon acceptance of the reservation. This duration cannot be modified by the Client during the execution of the service, except with the explicit agreement of the boat captain. Rentals (without a guide) are concluded for a fixed duration expressly stated at the time of reservation and contract conclusion.

The extension can only validly occur through an amendment signed between the Client and the Seller LA PLAGE before the start of the contract. In the event of an unauthorized extension of the rental period, the Client will be liable for a penalty for each additional hour (as mentioned in the contract).

If the Client retains the boat (or the Paddle) beyond the agreed duration without prior agreement, they are subject to legal action. Any unauthorized extension will result in the cancellation of the insurance included in the rental, and the Client will be fully responsible for any damages occurring during this period.

The Client must notify the Seller LA PLAGE at least 30 minutes before the end of the rental period if they wish to extend the duration. In case of non-compliance with this obligation, the penalties of articles 7 and 8 will apply.

Article 4: Coverage – Reserves

The Client acknowledges having taken the rented boat (or Paddle) in perfect condition of cleanliness, functionality, and maintenance. He/she agrees to report any defects he/she may notice without delay, otherwise he/she may be held responsible, after assessment, for damages caused by its worsening.

Article 5: Scope of the Guarantee/Insurance

The rented boat (or Paddle) is allowed to operate ONLY in the LAGOON of BORA BORA and within the limits indicated on the NAVIGATION CHART that will be provided to the Client during the preparatory meeting on the use of the boats (or Paddle).

It is strictly forbidden to stop on the hotel beaches as they are private. The only public beach in BORA BORA is at MATIRA.

It is strictly prohibited to stop in the coral garden with the boat (or the paddleboard).

Any failure to comply with these specific instructions entails the total responsibility of the Client in the event of damage to the boat (or the Paddle) and voids the insurance included in the rental. This also results in the payment for damaged parts as per Article 7.

Article 6: Insurance

All services offered by the Seller LA PLAGE are covered by insurance, including Civil Liability, to ensure your safety and peace of mind.

In the context of a rental without a guide, the boat operator (or Paddle) is fully responsible for any damage resulting from non-compliance with navigation instructions (see the Boat Rental regulations).

In accordance with customary practices, personal belongings remain the responsibility of the client.

Article 7: Penalty Clause

If Article 3 is not respected, the Client will owe the Seller LA PLAGE a compensation equal to the daily rate for each day of delay plus a penalty of 20% of the amount due for the days of delay. Furthermore, any discounts provided will be revoked. Similarly, if the Seller LA PLAGE needs to take legal action to obtain payment for the rental price or repairs charged to the tenant, they will be entitled to a flat fee set at 30% of the amounts regularly claimed, even if the legal action results only from a formal notice to pay by registered letter or a command.

Article 8: Damage to Parts

The rented boat is equipped with all its accessories in working condition. The Client is fully responsible for their loss or deterioration and is required, if necessary, to replace them at cost price. Below is the list of parts that may need to be replaced on the Boat. The price list for these parts is available upon request and will be provided at the signing of the contract.

A. The anchor

B. The engine hood

C. The pierced shell

D. The circuit breaker

E. The Drift

F. The bath scale

G. The engine mount

H. The life jacket(s)

I. The GSM

J. The GPS case

K. The Helix

L. The sunshade

M. The turbine

In addition, the following elements are included:

N. NON-COMPLIANCE WITH INSTRUCTIONS

O. The costs incurred in the event of the boat being immobilized, in the event that the driver's liability is engaged.

Below is the list of parts that may need to be replaced on the Paddle. The price list for these parts is available upon request and will be provided to you upon signing the contract.

P. Board

Q. Frame

R. Drift

S. Vest

Article 9: Description of Activities

The Site presents the essential characteristics of the proposed Activities

• nature: description of the activity
• duration: total duration of the activity
• location: site of the activity reception
• price: cost of the activity, including all applicable taxes
• specific conditions: Information on specific conditions (minimum age, necessary equipment, etc.)

The photographs and descriptions of the Activities on the Site are provided for informational purposes only and are not contractual. The Seller LA PLAGE strives to provide information as accurately as possible. However, changes may occur due to:

• Weather conditions: Activities may be canceled or modified in case of bad weather.
• Logistical constraints: Changes may be necessary due to resource availability.
• Force majeure: Unforeseen events that are beyond the control of the Seller LA PLAGE.

In any case, the Seller LA PLAGE agrees to inform the Client as soon as possible of any changes or cancellations to the Activity.

Article 10: Price

The prices of the Activities are indicated in Euros (€) and are inclusive of all taxes (TTC), including the Value Added Tax (VAT) applicable in French Polynesia on the day of the order. The prices displayed on the Site may be changed at any time by the Seller LA PLAGE, without prior notice. The price applicable to the Customer's order is the one in effect at the time of order confirmation.

The service is understood as a period of half a day (3h30) or a full day (6h00 for private tours (excluding private transfers) and shared tours, or 7h00 for boat rentals (without a guide)) depending on the activity.

Beyond that, additional hours are charged on the boats based on the rate of a half-day including tax.

The paddle is rented by the hour, for a maximum duration of 3 hours. Beyond that, penalties of 2,000 XPF/hour per paddle are charged.

Article 11: Order

11.1. Ordering process: To place an order, the Client must follow the various steps indicated on the Site:

* Selection of the Activity and its options (date, time, number of participants, etc.).

* Add to cart.

* Verification of the cart contents and possible correction.

* Client Identification (name, first name, email, physical address, etc.).

* Reading and acceptance of these General Terms and Conditions.

* Choice of payment method.
Please note that the participating customer must match the customer making the payment.

* Final confirmation of the order and payment.

11.2. Order Confirmation: The Client's order is firm and final after payment confirmation by the banking institution. The Seller LA PLAGE sends the Client an acknowledgment of receipt of the order via email, summarizing the order information. This acknowledgment of receipt does not constitute final acceptance of the order.

11.3. Order Acceptance: The final acceptance of the order by the Seller LA PLAGE is subject to the availability of the Activity and the full receipt of payment. The Seller LA PLAGE reserves the right to refuse an order, particularly in the event of payment issues, incomplete or inaccurate information provided by the Client, or exceptional circumstances. In this case, the Seller LA PLAGE will inform the Client by email and will proceed with the refund of any amounts that may have been paid.

Article 12: Payment

The payment for Activities is made online using the payment methods offered on the Site (credit card, etc.).

The transaction is secured by a data encryption system.

The Client guarantees to the Seller LA PLAGE that he has the necessary authorizations to use the chosen payment method.

The Client's bank account will be debited at the time of the order on the site.

Article 13: Cancellation and Modification

13.1. Cancellation by the Client:

For any cancellation request:

• More than 72 hours before the start of your activity: 90% refund of the deposit as soon as possible. 10% non-refundable, which will be used to cover pre-reservation fees.
• Between 48 and 72 hours before the start of your activity: 50% refund of the deposit as soon as possible. The Seller LA PLAGE will retain 50% of the deposit.
• Less than 48 hours before the start of your activity: No refunds will be issued. The Seller LA PLAGE will retain the full (100%) deposit.

Any service that has started but is interrupted at the client's initiative is due in its entirety.

Force majeure: For cancellations officially recognized as cases of force majeure (Death, accident, hospitalization), the seller LA PLAGE does not charge any fees after the submission of proof.

13.2. Modification by the Client: Any request for modification (date, number of participants, etc.) is subject to the availability and agreement of the Seller LA PLAGE and/or the service provider of the Activity. Additional fees may apply in the event of an accepted modification.

13.3. Cancellation or Modification by the Seller LA PLAGE The Seller LA PLAGE reserves the right to cancel or modify an Activity, particularly in the event of unfavorable weather conditions, force majeure, technical problems, lack of participants (if a minimum is required), or a decision by the service provider. In this case, the Seller LA PLAGE will make every effort to offer the Client a replacement solution (rescheduling of the activity, alternative activity of equivalent value) or will proceed with a full refund of the amounts paid.

Article 14: Caution

A security deposit is required for the rental (without a guide).

The amount (between 150,000 XPF and 400,000 XPF) varies depending on the type of boat or paddle rented and will be specified in the rental agreement.

This deposit is intended to cover any potential damages or losses. To this end, you will be required to fill out and sign a credit card authorization (Visa or MasterCard). If, upon the return of the boat (or paddle), no damage is noted, the document you signed will be returned to you. The authorization will then be canceled. If the driver does not have the payment methods mentioned above, a cash deposit may be made, which will be refunded at the end of the rental, subject to any fees that may arise after the rental. In the event of noted damages, fees will be applied according to the pre-established rate schedule (available on-site) Ref Art8. Otherwise, the authorization will be canceled.

Article 15: Liability

The Seller LA PLAGE acts as an intermediary between the Client and the service providers of the Activities. The responsibility of the Seller LA PLAGE is limited to the proper execution of the reservation and the transmission of information. The Seller LA PLAGE cannot be held responsible for any direct or indirect damages caused by the execution of the Activity by the service provider, except in the case of proven fault by the Seller LA PLAGE. The Client is responsible for their own safety and for following the instructions given by the service providers during the execution of the Activity.

Article 16: GPS Tracker Device

All boats are equipped with a real-time geolocation system. These are identified on your rental contract in the "Safety Equipment" section below the phone number by the mention "GPS UNIT" or "TRACKER SYSTEM".

This onboard device allows the Seller LA PLAGE to facilitate assistance to boats, manage thefts, breakdowns, and accidents experienced by the boats by determining their geographical positioning. By signing the rental agreement, the Client acknowledges being informed of the installation of the device and accepts the terms and the use that will be made of it by the Seller LA PLAGE.

The recipients of this processing are the services of the Seller LA PLAGE and its subcontractor responsible for implementing the geolocation system.

In the event of disassembly of the GPS or manipulation of its system by the Client, the Seller LA PLAGE reserves the right to issue an additional charge including all costs related to restoring the device to its original condition.

The data related to the GPS tracker is retained only for the time necessary for the purposes pursued, in accordance with legal requirements. It is purged every 30 days.

Article 17: Governing Law and Dispute Resolution

The present General Terms and Conditions (GTC) are governed by French law and the applicable legislation in French Polynesia. In the event of a dispute regarding the interpretation, execution, or validity of these GTC, an amicable solution will be sought as a priority. Failing an amicable agreement, the competent courts of PAPEETE will have sole jurisdiction, unless otherwise provided by mandatory legal provisions.