The present general terms and conditions of sale (GTC) are an integral part of the travel sale contract concluded between the passenger traveler and Perseverance. The contractual whole (hereinafter the "Contract") is made up of the present general sales conditions, the special conditions and, if applicable, the quote given to the Client beforehand.
In case of contradiction between the general conditions and the particular conditions, the provisions of the particular conditions prevail.
Any reservation implies the acceptance without reserve by the customer and his full and complete adhesion to the present general conditions.
By booking, the client acknowledges that he/she is physically fit to follow the program for which he/she has registered, and in particular to travel at sea. In the same way, the client acknowledges that he/she has verified the physical ability of all the participants he/she has designated to follow the program booked.
The client guarantees that the participants designated by him/her will respect the terms of the trip.
ARTICLE 0 - DEFINITIONS
"Tickets" means the various tickets issued, namely Expedition and/or Airline Tickets.
"Air Ticket" means the document containing the terms of the contract of carriage by air whereby the air carrier undertakes to carry the Traveller between the airports specified therein.
"Shipping Ticket": document containing the stipulations of the contract of shipment by which the Organizer of the Shipment undertakes to have the Customer transported by the Sea Carrier and to provide him with the benefits and services mentioned on the Shipping Ticket.
"Conclusion of the Contract": refers to the moment when the Travel Contract comes into force, i.e. the date when the Client receives the booking confirmation by e-mail from Perseverance.
"General Sales Conditions" or "GSC": refers to the present document.
"Contract": all the respective obligations of Perseverance and the Traveler as stipulated on the invoice and on the tickets as well as in the GTC and CPV.
"Cruise": sea voyage as described in the commercial brochure and/or on the website by Perseverance.
"Excursions " : any land service taking place before, during or after the cruise.
"PS" : Perseverance company acronym and characteristics.
" Cruise organizer " : natural person or companý who undertakes to have clients transported by the Perseverance company and to provide them with the services and benefits mentioned on the contracted documents.
"Disabled Person" or "Person with Reduced Mobility" : any person suffering from a limitation of activity or restriction of participation in the agreed services due to a substantial alteration of one or more physical, sensory, mental, cognitive or psychic functions, a polyhandicap or a disorder
"Service" means any cruise, flight, transfer, pre and post cruise service, pre-sale excursion/extension, and other tourist service.
"Price" means the total amount of the cruise booked by the client.
"Transfer" means the operation consisting of the transportation of clients to/from the ship for embarkation and disembarkation.
"Vendor": a natural or legal person who has sold the cruise directly to the clients.
"Client " : any person named at the time of the reservation/conclusion of the contract and appearing on the invoice and/or on the tickets given by the company Perseverance or a vendor.
ARTICLE 1 - PRE-CONTRACTUAL OBLIGATION OF INFORMATION
Before signing the contract, the client acknowledges having received and read all the documents provided by Persévérance, notably on the content and conditions of the cruises, the price and payment terms, the conditions of cancellation and modification of the trip.
The client also acknowledges having been informed of the risks incurred for the chosen destination and having consulted the country's information sheet on the website http://www. diplomatie.gouv.fr/en/conseils-aux-voyageurs/
The photos, maps and illustrations contained on the Perseverance website or brochures are not contractual. The itineraries, if any, are given as an indication and may be modified.
ARTICLE 2 - ADMINISTRATIVE AND HEALTH FORMALITIES
The client acknowledges having been informed of the administrative and sanitary formalities for crossing borders. It is specified that the information provided is only valid for French nationals.
The customer is responsible for ensuring that he/she complies with the requirements for entry into a foreign country, even in transit during a stopover, and that his/her travel documents, such as identity card, passport and visa are in order.
The customer is advised to inquire in time about the visa process, which can sometimes take a long time.
The completion and costs resulting from police, customs and health formalities required for the cruise booked, such as formalities relating to: passport, national identity card, residence permit, parental authorisation, visa, medical certificate, vaccination booklet are the responsibility of the client, unless otherwise provided for in the special conditions.
In the event that the client is unable to travel due to non-compliance with administrative and health formalities, the price paid will not be refunded and PS will not be held responsible.
It is the client's responsibility to inform PS of any health problem before booking the cruise. Any problem requiring special follow-up or assistance is not compatible with the cruises and does not constitute a reason for refundable cancellation under this contract. The client is therefore advised to take out additional cancellation insurance to cover such cases
ARTICLE 3 - DISABLED PERSONS OR PERSONS WITH REDUCED MOBILITY
The vessel is not built to accommodate disabled persons or persons with reduced mobility.
ARTICLE 4 - CHILDREN
Children under the age of 3 are not accepted on board.
All minors must be independent and autonomous on board the ship and during the activities planned for the cruise. All minors must be accompanied by their legal representatives. The latter are responsible for the conformity of all documents of the minor for the cruise and the transportation to/from the ship and remain responsible for their child during the entire cruise.
ARTICLE 5 - PRICE AND PAYMENT TERMS
A quote will be sent to the client and will be valid for a limited time. The client must sign this quote before the end of this period for the reservation to be taken into account.
Prices are per person in a double cabin. Privatization of a cabin is possible with a 75% price increase.
The client agrees to respect the payment conditions validated at the time of booking or as defined in the GTC if not different :
The client will receive the tickets after the total payment of the balance of the cruise.
The price of the package can only be increased if specific costs increase (fuel prices), and cannot be changed in any case less than twenty days before departure. If the price increase exceeds 5% of the price of the cruise, the traveler may withdraw from the contract.
ARTICLE 6 - SERVICES INCLUDED AND NOT INCLUDED IN THE PRICE
Unless otherwise mentioned in the validated contractual elements, the price includes
Unless otherwise mentioned in the validated contractual elements, the price does not include
transportation to/from the vessel
administrative costs for entry/exit formalities of the country in which the embarkation and disembarkation takes place
purchases made on board the ship
Communication costs (internet/telephone, etc.)
cancellation, repatriation or personal insurance
Excursions, activities or paid services not included in the itinerary and carried out at the client's request
ARTICLE 7 - AIR TRANSPORTATION
PS does not take care of air transportation, but can advise you on the logistics of transportation to/from the appropriate ship. PS is in no way responsible for any consequences related to air transportation, whether it be on prices or on changes in arrival and departure times.
ARTICLE 8 - CANCELLATION OF THE RESERVATION
The client is informed that in application of article L. 221 - 2 of the French Consumer Code, the services offered by PS are not subject to the application of the right of withdrawal provided for in articles 221-18 and following of the French Consumer Code concerning distance selling.
The cruises booked are exclusively subject to the cancellation and modification conditions stipulated in the contract.
The client may cancel the contract at any time before the start of the trip, in which case he/she must inform PS by mail with acknowledgement of receipt.
In case of total or partial cancellation by the client, the refund will be made minus the cancellation fee calculated at the time of cancellation.
The following conditions apply in the absence of any contrary provision in the special conditions:
- From signature to 10 days after signature date: no cancellation fee.
- From 10 days after signature to 271 days before the departure date of the cruise: 900 € per passenger
- From 270 days to 181 days before the departure date of the cruise: 20% of the price per passenger
- From 180 days to 121 days before the departure date of the cruise: 40% of the price per passenger
- From 120 days to 61 days before the cruise departure date: 50% of the price per passenger
- From 60 days to the departure date of the cruise: 100% of the price per passenger.
No reimbursement will be made in the event that the client does not show up at the departure time and place mentioned by PS, or is unable to participate in the trip for any reason whatsoever.
In case of impossibility of boarding for medical reasons, including COVID-19, no refund will be made. We recommend that you take out cancellation insurance and make sure that this insurance covers cancellations due to illness and COVID-19.
ARTICLE 9 - MODIFICATION OF THE RESERVATION BY THE CLIENT
Any request for a change of name must be transmitted at the latest 45 days before the departure date of the cruise and will not incur additional charges. Requests to add participants to a group must be made in writing. Additional reservations will only be confirmed if space is available.
Requests for changes can only be considered after the request has been acknowledged.
ARTICLE 10 - MODIFICATION AND CANCELLATION BY PS
Arrival and departure times are not definitive and PS cannot guarantee a connection with the transport schedules preceding or following the cruise.
It is therefore advisable to arrive at the place of departure at least one day earlier and to plan a departure one day later.
The allocation of cabins is not final and changes may occur for a cabin of the same category due to technical problems.
PS reserves the right to interrupt a shipment, to change its itinerary, ports of call or destination, to delay the trip, to divert the ship, to take or be taken in tow, to transship clients and their luggage to any other means of transportation, even if this results in an increase or a shortening of the program, for any reason it deems valid: unfavorable weather conditions, political or social situation of the country of call or for any reason likely to jeopardize the safety of the clients, the goods, the ship or in case of orders imposed by the public authorities. PS will not be held responsible for any loss or damage.
In all circumstances, the ship can provide assistance to any person or property at sea, and cannot be held responsible for the consequences of a change in the cruise program.
When PS is forced for reasons beyond its control to modify the cruise after the passengers have embarked, the passengers cannot claim from PS the reimbursement of the services not performed and not replaced or the reimbursement of the pro rata of the duration performed minus the expenses already incurred. However, PS shall be entitled to claim from the customer the payment of an additional fee for the additional services provided to the customer due to the extension of the trip.
In case of external events beyond the control of PS, or for any reason related to the safety of the clients or the ship, or due to insufficient participants, PS may cancel the cruise and shall inform the clients or the agency that issued the reservations by e-mail or mail.
Cruises are subject to a minimum number of participants.
- PS reserves the right to cancel a cruise up to 21 days prior to departure if the minimum number of passengers registered is less than or equal to 50% of the ship's "passenger capacity" (6 passengers)
When PS is the organizer of the expedition, and if the cause of the cancellation is motivated on its part, clients will have the following choices:
* refund of the cruise price
* postponement of the cruise to another cruise with an update of the balance
In case of refusal of boarding by PS for medical reasons, including COVID-19, PS will not be held responsible for any refund. We advise clients to take out cancellation insurance and to ensure that this insurance covers cancellations due to illness and COVID-19. Requests for changes can only be considered after the request has been acknowledged.
ARTICLE 11 - INSURANCE
The price of the cruise does not include any insurance of any kind.
PS recommends that you take out insurance to cover the risks of cancellation, assistance, repatriation, damage and loss of luggage and medical expenses. These optional insurance contracts must be taken out with an external insurance company independent of PS.
ARTICLE 12 - LIABILITY
PS is responsible for the proper execution of this contract.
When PS is the organizer of the cruise, it is responsible for damages caused to the Passengers in accordance with the provisions and limitations of indemnities of articles L5421-1 to L5421-8 of the Transport Code, and the regulation (EC) n° 392/2009 of the European Parliament and of the Council of 23 April 2009.
When PS is not the organizer of the cruise, it is responsible for damages caused to luggage in accordance with the provisions and limitations of the following texts, according to their respective fields of application, namely articles L. 5421-9 to L5421-12 of the French Transport Code, decree no. 67-268 of March 23, 1967, modified by decree no. 86-1065 of September 24, 1986, and regulation (EC) no. 392/2009 of the European Parliament and of the Council of April 23, 2009
When PS does not act as Expedition Organizer, it benefits in any case from the limitations of indemnity contained in the London International Convention dated November 19, 1976 and modified by the 1996 Protocol, which limitations prevail over any other limitation set by a text that is not imperatively applicable.
For any bodily injury or property damage occurring on board the vessel or its tenders or boats, during embarkation or disembarkation, or occurring during carriage by sea, PS, when acting as organizer of the shipment, is liable within the same limits and conditions as when not acting as organizer of the shipment. When these damages occur outside of these circumstances, but between the beginning and the end of the expedition, the compensation that may be due to the traveler by the expedition organizer and/or PS is limited to half of the price of the cruise
PS is not responsible for any immaterial damages, loss of use, and so-called punitive or similar damages.
PS is not responsible if a client is denied boarding, including after or during a stopover.
PS is in no way responsible for any bodily, material or immaterial damage caused by war, blockade, riots, strikes, social conflicts, acts of piracy or terrorism, epidemics or quarantines, natural disasters and catastrophes, meltdown, fission or nuclear pollution or explosion or its consequences, closure of the port of departure, call or destination; detention, requisition or seizure of the vessel for whatever reason, use of the vessel for special governmental purposes, or by the mere threat of the above events. Nor is it liable for damage caused by the voluntary participation of the passenger in a brawl or dangerous activity/action not necessitated by the safety of human life.
PS is in no way responsible for damages caused by the interruption and/or modification of the trip due to an event of force majeure, wars, blockades, riots, strikes, conflicts, etc.
riots, strikes, labor disputes, acts of piracy or terrorism, epidemics or quarantines, natural disasters and catastrophes, nuclear meltdown, fission or explosion or pollution or its consequences, closure of the port of departure, call or destination; detention, requisition or seizure of the vessel for any reason, use of the vessel for special government purposes, or by the mere threat of any of the above events
Any customer taking part in any of the outside activities, agrees to participate in good conscience and solely at his own risk. This participation engages the responsibility of each one, with regard to his physical aptitude, his safety, his behavior and his comfort. The presence of the Traveler at the information briefings presented on board is mandatory. PS, its directors, officers, crew and expedition team members, as well as the activity leaders, will not be held responsible for any loss or damage.
PS is not responsible for the poor performance of the contract when it is caused by exceptional and unavoidable circumstances, or when it is attributable to a third party alien to the provision of the services provided for in the Contract or to the Client or to the participants in the cruise.
ARTICLE 13 - SPECIFIC OBLIGATIONS OF THE PASSENGER
The Customer acknowledges having read the conditions of transport of the cruise.
For some trips, in restricted areas, a medical release/certification/insurance may be requested by PS or the organizer, as well as a medical questionnaire (given to the doctor).
The passenger is obliged to provide PS with all the information necessary to fulfill its own safety obligations.
The passenger is obliged to participate in the activities (instructions given to passengers) and emergency drills carried out on board the ship.
The captain of a vessel is solely "responsible for safety" and PS, the organizer or any passenger must follow his decisions.
The passenger must behave in such a way as not to compromise the safety, tranquility and enjoyment of the cruise for the other passengers and respect the normal rules of prudence, as well as all the provisions given by the carrier, and the regulations and administrative or legislative provisions concerning the trip.
Passengers are not allowed to bring on board a ship any goods, live animals, weapons, ammunition, explosives, inflammable, toxic, illegal or dangerous substances without written permission from the carrier.
PS may refuse an entry or dismiss a passenger if the passenger creates a safety problem or if the passenger's behavior is disruptive to the participants or the voyage. In this case, the passenger will be disembarked/removed at his/her own expense and will not be entitled to any compensation or refund.
The passenger will be liable for all damages suffered by PS due to the failure to comply with the above obligations. In particular, the passenger shall be liable for all damages caused to the vessel, its fittings and equipment, damages caused to other passengers and third parties, as well as for all fines and expenses that the carrier, the Agency or the organizer should pay
to port, customs, health or other authorities in all countries included in the cruise.
ARTICLE 14 - CLAIMS AND MEDIATION
When a non-conformity is noticed on the spot, the client or the participant is required to report it to the contact below as soon as possible
SAS PERSÉVÉRANCE - 17 RUE ROBERT DE FLERS, 75015 PARIS
ARTICLE 15 - PROTECTION OF PERSONAL DATA
The parties agree to comply with all legislative and regulatory provisions in force and their respective obligations arising therefrom, relating to the protection of personal data, and in particular the provisions of the European Regulation 2016/679 of 27 April 2016 on data protection as well as the amended Law No. 78-17 of 6 January 1978 on Data Processing, Files and Liberties.
In particular, the Client undertakes to comply with the said regulation when collecting participants' personal data and transferring them to the Agency.
ARTICLE 16 - APPLICABLE LAW
The general and special conditions constituting the contract are governed by French law
Concerns reservations made between 01/02/22 and 06/06/22
1- CANCELLATION AND MODIFICATION CONDITIONS
1. CANCELLATION BY THE CLIENT
Cancellation without charge is possible up to 4 months before departure. In this case, a credit note valid for a period of 24 months for the equivalent amount or a deferral on an equivalent trip will be offered. For any cancellation between 4 months and the day of departure, the cancellation schedule of the GTC applies.
2. CANCELLATION ON THE PART OF PERSEVERANCE
The following options will be offered to the client in the event of a cancellation by PS:
A 100% refund ,or;
A 100% credit note valid for 24 months, or
A postponement on an equivalent trip
No compensation is due to the customer.
2 - COMPLIANCE WITH COVID-19 & INDEMNITY
Customers are responsible for the compliance of their application and certification for entry into the territory of embarkation and must comply with all applicable requirements.
PS is not responsible in case of refusal of access to the ship or in case of impossibility to get on board because of this and no indemnity or transportation costs will be due to the customer.
In case of impossibility of boarding for medical reasons, including COVID-19, the above cancellation schedule applies. We advise clients to take out cancellation insurance to cover COVID-19 related cancellations.
In the event that the vessel or Clients are quarantined, no compensation will be due to Clients. In the case of quarantine on board, full board will be paid by PS, in the case of quarantine on land outside the ship, no payment will be due by PS.