Conditions générales de vente | Porto Aventure

Terms and Conditions of Sale:

1. Reservations:
   Purchasing a ticket implies the passenger’s unconditional acceptance of the following general conditions of carriage.
   The company accepts reservations at the point of sale, by telephone, or online via the website: www.porto-aventure.com, as well as through the various online sales platforms.
   Any reservation without immediate payment cannot be confirmed without valid bank card details.
   A valid email address and mobile phone number are required at the time of booking in order to receive the electronic ticket. Passengers are entirely responsible for the validity of their contact details.
   It is preferable to make reservations as early as possible, given the number of passengers permitted on board the vessels and the level of demand, especially during July – August – September.
   Minors are accepted on board only under the supervision of a parent.
   Travel tickets are issued on a personal basis and are non-transferable.

2. Passenger health
   Any specific medical condition must be declared at the time of booking.
   Pregnant women may not travel on our rigid inflatable boats.
   Any passenger with a disability, a confirmed health problem, or a physical condition incompatible with the proposed excursion (back problems, reduced mobility, severe disabilities, heart problems, etc.) must inform the company at the time of booking.

For safety reasons, children under the age of 6 may not travel on our rigid inflatable boats.
If this information is not declared at the time of booking, the captain may refuse boarding, without the refused passenger being entitled to claim a refund of any kind.

3. Routes and schedules:
   Porto Aventure determines the schedules and routes for the day. They are provided for information purposes only and are subject to change on all sales materials, such as the website, leaflets, the point-of-sale display board, etc.
   Passengers will be informed of the schedule and route of the service at the time of booking through the channels mentioned above.
   The departure and arrival times announced at the time of booking may be changed in the event of adverse weather conditions or other issues inherent to a sea excursion. The company undertakes to inform its customers as soon as it becomes aware of any potential changes to departure or arrival times.

4. Prices and payment terms
   The prices of the services include VAT (all taxes included). The company offers several routes during the day at different prices. Prices may be changed depending on circumstances and the economic climate. They are provided for information purposes only and are subject to change on all sales materials, such as the website, leaflets, the point-of-sale display board, etc.
   Passengers will be informed of the price of the service at the time of booking through the channels mentioned above.
   Payment for the service must be made upon confirmation of the booking.
   Porto Aventure accepts payment by electronic transaction, bank card, ANCV holiday vouchers, or cash. No change is given on ANCV holiday vouchers.

5. Cancellation of departure and refunds:
   5a- Individual fare:
   The company reserves the right to cancel an excursion without prior notice, at the Captain’s discretion, for reasons inherent to navigation, or if the minimum passenger quota is not met (minimum 6 people). Only the captain is authorised to assess weather conditions with the aim of ensuring the safety of the passengers on board.
   • In the event of cancellation by the company:
   If the company is unable to offer an alternative solution, the ticket may be fully refunded by the company. The customer may not claim compensation of any kind.
   • In the event of cancellation by the customer:
   Tickets cannot be changed or refunded within the 2 days (48 hours) preceding departure. Before this deadline, the passenger has the right to cancel or change their ticket at any time and for any reason.

5b- Group fare:
• In the event of cancellation of the departure by the company:
If the company is unable to offer an alternative solution, the ticket may be fully refunded by the company. The customer may not claim compensation of any kind.

• In the event of cancellation by the customer:
Tickets cannot be changed or refunded within the 2 days preceding departure.

6. Boarding and disembarkation
   Passengers must report to the boarding pontoon, located at the port of Porto Ota (20150), at least 15 minutes before the boat’s departure. The company will not accept any late arrivals.
   In the event of a late arrival, even if holding a valid travel ticket, the passenger will have no valid claim against the company if they are unable to board.
   Passengers board and disembark solely under the direction of the captain, who informs them of the procedures to follow for boarding and disembarkation.
   The captain reserves the right to refuse boarding to any passenger without a valid travel ticket.
   The captain also has full authority to refuse boarding to anyone whose physical or mental condition prevents them from taking part in the excursion, or to anyone showing clear signs of drug or alcohol consumption that make their behaviour dangerous to other passengers. In this case, the passenger may not avoid liability for any damage caused to themselves, the vessel, property and equipment, third parties, or third-party property.

7. Accessibility
   The type of boat used by Porto Aventure for sea excursions is incompatible with the transport of persons with reduced mobility or severe physical disabilities.
   Bicycles, pushchairs, prams, motorcycle equipment, or any other excessively bulky items are not permitted on board the vessel.

8. Changes to the excursion
   

The captain is permitted to tow or assist vessels in all situations, to divert from the route, and to carry out any rescues or transfers.
Neither the Captain nor the Company may be held liable for diversions, changes, interruptions to services, or delays in the vessel’s departures and arrivals, or for missed connections involving the arrivals, departures, or connections of ships, aircraft, and trains.

9. Stopovers and swimming break:
   6a) Swimming break:
   Swimming is undertaken solely at the passengers’ own risk.
   No swimming equipment is available for loan.
   The captain reserves the right to cancel a swimming break if weather conditions do not permit it.
   6b) Stopovers:
   The carrier reserves the right, at the Captain’s discretion and for reasons inherent to navigation, to make stopovers other than those planned or to change the original route.
   The company may not be held liable for passengers or their personal belongings during stopovers. The Company may not be held liable for any difficulty encountered by passengers in a shop, business, or establishment during a stopover.
   The captain specifies the end time of the stopover and the time for returning to the vessel. Passengers must report at least 5 minutes before the departure time given by the captain.
   Neither the captain nor the Company may be held liable if a passenger fails to report for return boarding during a stopover.
   Any return costs resulting from the passenger’s failure to report remain entirely at the passenger’s expense. The passenger may not claim a refund or compensation of any kind.

10. On-board safety instructions and responsibilities
    The captain is the sole master on board the vessel and informs passengers of the safety instructions that must be followed.
    The company is responsible for its passengers only once they have boarded the vessel.
    Once passengers have disembarked from the vessel, they are no longer under the responsibility of Porto Aventure.
    Passengers must remain seated while the vessel is under way and may move around only with the captain’s authorisation.
    Cigarettes and all electronic equivalents are prohibited on board the vessel.
    Passengers undertake to comply with the rules established by Porto Aventure. In the event of an incident related to passengers’ failure to comply with the safety rules, the company may not be held liable for any resulting damage.
    Neither the company nor the captain is responsible for personal property and belongings brought on board (cameras, identity documents, watches, telephones, etc.) and may under no circumstances be held liable in the event of theft, loss, or breakage.

11. Vessel regulations
    The vessels operated by the Porto Aventure sea excursion company are subject to European regulations governing passenger transport.
    The vessel holds a navigation permit, renewed following inspection, certifying that the vessel complies with the technical standards relating to the safety of passenger vessels.
    The captain holds a command certificate and a Captain 200 certificate.
    These certificates also require possession of a first-aid training certificate (AFPS) and a radio operator’s certificate (CRO).
    Each crew member is required to undergo an annual medical examination of physical fitness conducted by a seafarers’ doctor.
    Special insurance covers all passengers.

12. Complaints:
    Any complaint against Porto Aventure must be submitted within 15 days of the date of the excursion, by registered letter with acknowledgement of receipt, to the registered office of S.A.S Porto Aventure, Place de la Marine de Porto, 20150 OTA.

In accordance with the provisions of the French Consumer Code concerning the “consumer dispute mediation process”, after contacting us and if you do not receive a satisfactory response, you may use a consumer mediation procedure free of charge through:

CM2C
49 rue de Ponthieu
75 008 PARIS
Tel: 01 89 47 00 14
Website: https://www.cm2c.net/declarer-un-litige.php
Email: litiges@cm2c.net

13. Acceptance of risks:

I acknowledge that this activity involves risks inherent to maritime navigation
(boat movements, weather conditions, falls, impacts, and the marine environment).

I certify that I am physically fit to take part in this activity and undertake to comply strictly with all safety instructions given by the crew, in particular the requirement to wear safety equipment.

Consequently, I release Porto Aventure, the boat owner, the skipper, and the crew from all liability in the event of injury or damage sustained during the excursion, except in cases of gross negligence or intentional misconduct, in accordance with French law.