The terms and conditions set out below (the “Terms”) shall govern the relationship between yourself and Croisières Australes Ltée (“Croisières Australes”) in respect of (a) the use of this website; and (b) the provision of services to you by Croisières Australes. By (a) visiting this website, viewing, accessing and/or otherwise using any of the information found on the website; and/or (b) making any reservation or booking through this website for services provided by Croisières Australes, you agree to be bound by the said Terms. You understand, agree and acknowledge that these Terms constitute a legally binding agreement between you and Croisières Australes and that your use of this particular website shall indicate your conclusive acceptance of such Terms.
Use of the website You acknowledge and agree that this website may contain proprietary and confidential information, including trademarks, service marks and patents protected by intellectual property laws and international intellectual property treaties. Where Croisières Australes authorises you to view and/or make copies of parts of the content of this website, it shall be for personal and non-commercial use only. Such content may not be sold, reproduced, or distributed without our prior written permission. Any third-party trademarks, service marks and logos are the property of their respective owners. Any further rights not specifically and explicitly granted herein are reserved. The website may also include hyperlinks to third-party content, advertising or websites. You acknowledge and agree that Croisières Australes is not responsible for and does not endorse any advertising, products or other resources, of whatsoever nature, available from such resources or websites. When you submit any content or information to Croisières Australes you simultaneously grant to Croisières Australes an irrevocable, worldwide, royalty-free license and authorization to publish, display, modify, distribute and/or syndicate your content worldwide. You confirm and warrant that you have the required authority to grant the above license and authorization to Croisières Australes. While every effort is made to keep the website up and running smoothly, Croisières Australes takes no responsibility for and will not be liable for the website being temporarily unavailable for any reason whatsoever, including due to technical issues or issues beyond its control.
Provision of Services
The services sought and for which a price has been quoted by Croisières Australes are subject to their availability at the time of reservation. You agree and acknowledge that Croisières Australes shall be entitled to provide services to you through subsidiaries or affiliated entities or such other service providers as it may deem fit.
Reservation process and cancellation fees
Where you request Croisières Australes to make a reservation based on a prior quotation, Croisières Australes shall communicate to you a date by which the said reservation should be confirmed by you (The ‘Due Date’).
Where you fail to confirm the reservation by the Due Date, Croisières Australes shall be entitled to cancel your reservation. Where you confirm the reservation and a booking is made by you or on your behalf and you subsequently request the cancellation of the booking, the following shall apply:
- if the cancellation is made at least 1 calendar day prior to the date of the cruise, no cancellation fee shall be applicable; and
- if the cancellation is made on the day of the cruise, you will be charged a 100% cancellation fee.
On the other hand, Croisières Australes reserves the right to cancel and/or postpone any trip as a result of unfavourable weather conditions and/or technical issues. No compensation shall be due to you as a result of such cancellation or postponement. Fees and Mode of Payment Croisières Australes uses the “MasterCard” secure payment gateway (MIGS) through the Mauritius Commercial Bank Ltd (MCB). Online Reservations can only be made with a valid credit card. If you do not want to use our payment system or do not own a credit card, you can always contact us directly to discuss alternative payment methods. MCB and MIGS guarantee a high level protection when providing your credit card number. Information regarding the latter is not accessible to third parties and is not communicated to Croisières Australes and is only kept on the secure database of MasterCard. The order confirmed by the client will be considered valid only when approved by “MasterCard”. If MasterCard does not approve the transaction, the order will be automatically cancelled and the client will be informed by email. The following cards are accepted
- American Express
The value of the transaction may be subject to taxes, foreign transaction, currency exchange or other fees. Your bank or credit or debit card company may convert the payment into the local currency and charge fees, resulting in differences between the amount displayed on Croisieres-Australes.com, and the final amount charged to your bank account or credit or debit card statement. Please contact your bank or card company if you have any questions concerning any applicable conversion or fees. Your obligations You agree that the following terms shall apply to your trip on board pleasure crafts booked through this website:
- If you have booked services offered by Croisières Australes on behalf of other people through this website, the terms and conditions set out herein shall also apply to such other people;
- You shall at all times respect the environment and other people around;
- You should not behave in a way which may cause distress or annoyance to others or which may create the risk of danger or damage to property;
- You shall at all times comply with the instructions issued to you by the crew of the pleasure craft;
- If you fail to comply with your obligations hereunder, insurance policies taken by Croisières Australes may be invalidated and you will not be entitled to any compensation for any prejudice you may have suffered;
- You shall be liable to indemnify Croisières Australes and/or the other passengers and/or any third party for any prejudice caused to any of the latter as a result of any breach of your obligations hereunder; and
- You understand and agree that your use of the services provided by Croisières Australes is entirely at your own risk and that such services are provided on an “As Is” and “As Available” basis. Croisières Australes does not make any express or implied warranties, endorsements or representations whatsoever as to the services provided by Croisières Australes.
Limitation of Liability
You understand and agree that neither Croisières Australes nor any of its subsidiaries or affiliates or sub-contractors shall in any event be liable for:
- any indirect, incidental or consequential damages; and/or
- any prejudice caused to you or any other person as a result of any event which is beyond the direct control of Croisières Australes, including any force majeure event.
Croisières Australes shall only be liable for any prejudice caused to you or any other person where such prejudice arises as a direct consequence of a “faute lourde” committed by Croisières Australes. Notwithstanding anything contained herein, the total liability of Croisières Australes to you shall, in no event, exceed Rs 200 millions.
Governing law and jurisdiction
The construction, performance and validity of these Terms, and any matter connected thereto shall, in all respects, be governed by the laws of Mauritius and the Courts of Mauritius shall have exclusive jurisdiction.
Croisières Australes reserves the right to modify these Terms from time to time at its sole discretion and without any notice. Changes to the Terms become effective on the date they are posted and your continued use of services provided by Croisières Australes after any changes to Terms will signify your agreement to be bound by them.