GCS – GENERAL CONDITIONS OF SALE

General terms and conditions of sale

Madisail reserves the right to modify the tours or to cancel the services in case of bad weather conditions. Only the captain is entitled to judge the conditions of navigation, and is likely to cancel a maritime service. In case of cancellation by Madisail, passengers can be reimbursed or the tour can be rescheduled with your agreement.
Passengers agree in all cases to abide by the rules and regulations on board the vessels, established by Madisail, as well as to submit to the orders of the captain and his attendants. Passengers must arrive at the time indicated in the practical information provided after their reservation. No refund can be demanded in case of delay of the passenger.

PASSENGER BEHAVIOR:
They must comply during embarkation and disembarkation operations, as well as on board, with the ship’s regulations, in particular those established by Madisail and, in general, submit to the recommendations or instructions of the captain or his agents.
Madisail declines all responsibility for any injury to passengers who do not comply with this regulation, either on board or during embarkation or disembarkation operations.
Passengers will be held responsible for any damage of any kind that they may cause to themselves, to other passengers, to third parties, or to the persons and property of Madisail.
The same applies to any damage of any kind caused by persons or property in the custody of the passengers.
Apart from the guided aquatic walk, Madisail allows swimming during the excursions during the “swimming breaks”. However, it is not supervised and takes place under the passengers’ own responsibility. On this occasion, the minors will remain under the responsibility of their accompanying person(s). People who can’t swim or don’t swim well should report it to the captain.
Madisail provides passengers with French fries and life jackets.
PERSONAL ITEMS OR MATERIALS:
Passengers may bring their own equipment (camera, mask, snorkel, fins) under their own responsibility.
Madisail declines all responsibility for luggage, personal objects or material taken on board by passengers, as well as for money, jewels or other valuables which remain during the excursions and any other activity offered by Madisail, under the exclusive responsibility of their owners.
LOAN OF EQUIPMENT FREE OF CHARGE :
Madisail provides passengers, free of charge, with equipment for the nautical and aquatic activities it offers (fins, masks, snorkels, windbreaker, coconut leaf hat etc…).
In this case, the defect of the material does not give right to any refund or reduction.
The passengers are responsible for the material during the whole loan period. It is requested to follow scrupulously the indications of the captain as for their use, and a financial commitment can be asked in case of bad use of the material.
Madisail reserves the right to take legal action against passengers who have voluntarily damaged or defaced the equipment loaned free of charge.

LITIGES :
The present conditions of the site www.madisail.com are governed by the French laws and any dispute or litigation which could arise from the interpretation or the execution of these will be of the exclusive competence of the courts on which depends the registered office of the company. The language of reference for the settlement of any disputes is French.

PREGNANT WOMEN
Pregnant women can go on a sea excursion, under their own responsibility, after 2 months and up to 6 months of pregnancy, subject to the presentation to Madisail of a medical certificate of no contraindication to sea navigation. However, they cannot engage the responsibility of Madisail for any cause whatsoever in the event of a physical injury.
Madisail will not be held responsible for any personal injury, or any other incident, related to the pregnancy.
MINORS
Madisail does not provide transportation for unaccompanied minors. They will embark and participate in the excursions, as well as in the nautical and aquatic activities under the exclusive responsibility of their supervisor(s).
For children under two years of age, the wearing of an adapted life jacket is mandatory. Parents must notify Madisail of their presence at the time of booking.
HEALTH CONDITION OF PASSENGERS
Passengers must inform Madisail of any contraindication or inability to perform the services offered by Madisail (water activities: sea excursions, water sports, swimming, snorkeling, etc…).
Passengers embark under their own responsibility and cannot hold Madisail responsible in case of physical injury related to their state of health (disability, illness, etc…), either on board or during embarkation or disembarkation operations, or during nautical or aquatic activities.
Passengers who, due to their health condition, need special assistance during the excursion or the nautical and aquatic activities (people with reduced mobility, visually impaired,…) are invited to inform the Madisail crew at the time of booking and at the time of boarding.
BOOKING CONFIRMATION
The validation of the reservation is subject to the payment of a deposit of 30%. The total amount must be paid no later than 48 hours before the date of the reservation.
CANCELLATION CONDITIONS OF YOUR TOUR
Due to Madisail : An outing can be cancelled for various reasons : weather conditions, material or human problems, lack of filling of the boat. In all these cases, Madisail will inform you as soon as possible and propose other dates for the excursion. If no date is convenient for you, you will receive a full refund through the payment method you chose when you paid on the Madisail.com website. If you made the reservation through a third party, travel agent, OTA, you will have to request the refund directly through the platform on which you booked.
Due to the customer :
If you cancel the excursion more than one week (more than 7 full days) before the date of the excursion, the amount paid will be fully refunded minus a handling fee (related to bank charges) of 1.5% of the amount paid.
In the case of a cancellation between 7 days and 48 hours before the outing, the deposit of 30% paid to validate the reservation, will not be refunded.

If the cancellation occurs less than 48 hours before the outing, the total amount is due.
In the case of a cancellation beyond your control, illness or other, it is your personal insurance that will have to be engaged to recover all or part of the sums engaged.
Specific situations:
In the case of specific situations, such as Covid, confinement, social movements. All or part of the costs incurred may be reimbursed according to the legal framework in force.