FR

General Terms

General Terms & Legal notices

1. Purpose

These terms govern access to and use of the website http://www.tamatoursmoorea.com as well as participation in the water activities offered by TAMA TOURS. Using the website or booking excursions constitutes full and unconditional acceptance of these terms.

2. Legal Notices

  • Website publisher: TAMA TOURS MOOREA
  • Adress: PK27,3 c/mer Tiahura 98729 Moorea
  • Email: tamatoursmoorea@gmail.com
  • Phone: +689 87 29 79 02
  • Legal form: Sole proprietorship
  • Tahiti Number / RCS Papeete registration: E89324 / 222045A
  • Publication director: HOTOEUA Gilbert, Tamatoa
  • Host: WordPress.com

3. General Terms of Use (CGU)

Access to the website

  • Access is reserved for legally capable users, i.e., adults or minors with permission from their legal representatives. Minors (under 18) may access the site only under the supervision of a responsible adult, especially to make a booking. The company reserves the right to suspend or limit access to anyone who uses the site abusively, fraudulently, or illegally.

Account creation and secure services

  • Some services, such as booking or online payment, may require creating a secure account.
  • Information provided must be accurate and complete.
  • For bookings concerning minors, the account must be created by the responsible adult, who assumes full legal responsibility for all actions performed via this account.

Behavior and content on the website

  • Users agree not to post illegal, offensive, defamatory content, or content infringing third-party rights. Any attempt to disrupt the site’s operation or access secure areas without authorization is prohibited. Minors must follow the same rules under the supervision of their legal representative.

Intellectual property

  • All website content (texts, images, videos, logos, excursion plans) is protected by copyright and intellectual property law.
  • Any reproduction, distribution, or commercial use is strictly prohibited without written permission.

Responsibility regarding minors

  • Adults accompanying minors are responsible for supervising their activity on the website. The company declines all responsibility for a minor using the site without adult supervision or in violation of these GTU.

4. General Terms of Sale (GTS)

Purpose

  • These terms govern the sale of water activities offered by TAMA TOURS MOOREA.
  • Any booking implies full acceptance of these conditions.

Description of services and pricing

  • Water excursions are described on the website with corresponding prices.
  • Information on the website is indicative and may be subject to change, particularly due to weather, technical constraints, or regulatory changes affecting the offered activities.

Booking and payment

  • Payment is made by credit card via a secure payment link sent by email after submitting a booking request on the site. The booking is only confirmed upon receipt of full payment. Users must check a box to confirm acceptance of the terms and conditions before booking. For bookings concerning minors, the booking must be made by the responsible adult, who assumes full legal and financial responsibility.

Cancellation and refund

  • Cancellation and refund conditions are specified at the time of booking.
  • In case of force majeure (weather, safety), the company reserves the right to modify or cancel the excursion, with rescheduling or full refund.
  • For excursions booked for minors, cancellations must be made by the legal guardian.
  • Cancellations must be sent by email to tamatoursmoorea@gmail.com or via the website contact form.

Shared tours :

  • 100 % refund if canceled at least 1 month before the excursion.
  • 50 % refund if canceled between 1 month and 15 days before the excursion.
  • No refund if canceled less than 15 days before the excursion.

Private tours and group bookings :

  • 100 % refund if canceled at least 2 months before the excursion.
  • 50 % refund if canceled between 2 months and 1 month before the excursion.
  • No refund if canceled less than 1 month before the excursion.

Refund requests after the excursion

  • In the event that a participant fails to show up at the agreed time and meeting point, no full or partial refund will be granted.
  • No refund request will be accepted after the service has been provided, except as required by law.
  • Participants acknowledge that they have been informed of and accept the risks inherent to marine activities, including the risk of seasickness. Accordingly, no full or partial refund will be granted in the event of discomfort, nausea, or voluntary withdrawal from the excursion, whatever the cause.
  • It is the participants’ responsibility to take all necessary precautions prior to boarding, including preventive measures, hydration, and rest. The provider shall not be held liable in this regard.

Service guarantees and follow-up

  • Any complaint or report regarding the service must be sent by email to tamatoursmoorea@gmail.com as soon as possible.
  • The responsible adult may submit these requests on behalf of the participating minor.

5. Liability, Safety and Conditions of Excursion Operations

Acceptance of Risks and Conditions

  • Participation in excursions and nautical activities is undertaken at the participants’ own risk, within the limits of applicable regulations.
  • Participants acknowledge that they have been fully informed of the risks inherent to nautical and maritime activities, including but not limited to: falling overboard, collisions, unpredictable weather conditions, slips, injuries, and risks related to the natural environment (waves, currents, wildlife).
  • Booking an excursion implies full, complete, and unconditional acceptance of these Terms and Conditions.
  • The provider reserves the right to modify these Terms and Conditions at any time. The applicable conditions are those in force at the date of booking and available on the website.

Equipment and safety on board

  • The vessel is equipped in accordance with applicable maritime regulations (life jackets, safety equipment, communication devices, etc.).
  • Passengers agree to:
    • Remain seated or hold onto designated handholds during navigation
    • Strictly follow all safety instructions given on board by the crew
    • Properly use the equipment provided, including wearing a life jacket when required
  • Any behavior endangering persons or equipment may result in the immediate termination of the excursion without refund.

Compliance with instructions and participation conditions

  • Participation in excursions is subject to the following conditions:
    • Ability to swim adequately
    • No medical contraindications to participating in nautical activities
  • The provider reserves the right to refuse boarding or participation to any person whose condition, physical fitness, or behavior may compromise their safety or that of others.
  • Participants agree to behave in a prudent and responsible manner.
  • Minors must be accompanied by a responsible adult, and their participation is under that adult’s full responsibility.

Limitation of liability

  • The provider shall not be held liable, in particular, for:
    • Reckless or negligent behavior of participants
    • Failure to comply with safety instructions
    • Incidents or accidents related to the natural environment
    • Bodily injury or material damage resulting from events beyond its control
  • In any event, the provider’s liability shall only be engaged in cases of gross negligence or willful misconduct, in accordance with applicable regulations.
  • The company declines all responsibility in the event of failure to follow instructions or improper use of equipment.
  • The company shall not be held liable for any direct or indirect damages related to the website or activities, except in cases of gross negligence or willful misconduct.
  • Information provided on the website is for indicative purposes only, and the company is not responsible for the content of external websites accessible via links.

Weather conditions and excursion operations

  • Excursions are subject to weather conditions and sea state. The provider reserves the right to modify the itinerary, shorten, or cancel the excursion, before or during its execution, if conditions require.
  • In the event of cancellation due to weather or safety reasons:
    • A rescheduling will be offered subject to availability
    • Failing that, a refund may be issued
  • No additional compensation may be claimed.

Personal belongings

  • The provider declines all responsibility for loss, damage, or theft of personal belongings.
  • Bringing valuables is strongly discouraged.

Information and external links

  • Information provided on the website is for informational purposes only and does not engage the provider’s liability.
  • The provider shall not be held responsible for the content of external websites accessible via links.

6. Privacy Policy and GDPR

Collection and use of personal data

  • Personal data (name, email, phone, booking information) are collected only to:
    • Manage bookings and payments. Communicate with clients regarding excursions. Comply with legal and accounting obligations. Send commercial information if consent is given.

Data retention

  • According to the GDPR and applicable law in French Polynesia:
    • Booking and customer data are kept up to 5 years after the last booking or interaction. Prospective customer data without a booking are kept up to 3 years after last contact. Data needed for accounting and proof of payment are kept up to 5 years.
  • After these periods, data are deleted or anonymized unless legally required otherwise.

Data sharinf

  • Data may be shared with:
    • Internal staff necessary for organizing excursions.
    • Providers essential for service delivery (payment, website hosting, transport).
  • The company does not sell or rent your data to third parties.

User rights

  • Under the GDPR, clients may:
    • Access their data.
    • Request correction or deletion.
    • Request limitation of processing.
    • Object to data processing.
    • Request data portability.
  • Contact tamatoursmoorea@gmail.com to exercise these rights.

7. Cookies Policy

  • The site uses:
    • Technical cookies: necessary for site operation.
    • Analytical cookies: to measure audience.
    • Marketing cookies: to track advertising campaigns (if applicable).
  • LUsers can accept or refuse cookies via browser settings.

8. Complaint handling

  • Complaints regarding activities or the site must be sent by email to tamatoursmoorea@gmail.com.
  • The company will respond within a maximum of 30 days.

9. Modification of Terms

The company reserves the right to modify these terms at any time. Users should regularly check this page for updates.

10. Governing law and jurisdiction

These terms are governed by the laws of French Polynesia. Any dispute will be brought before the competent courts in the jurisdiction of the company’s registered office.ok