GENERAL TERMS AND CONDITIONS OF SALE – KUU ORO

1 / REGISTRATION AND PAYMENT

These General Terms and Conditions of Sale are deemed to have been read and accepted upon receipt of the first payment (including any deposit) or following online registration via our website. Registration then becomes effective.
In accordance with Article L.121-20-4 of the French Consumer Code, persons registered for a service do not benefit from the seven-day right of withdrawal.

1.1 Methods of payment

Payment may be made by cheque payable to KUU ORO, cash, bank transfer (bank details provided upon request), or online payment via our website.

1.2 Payment terms

1.2.1 Online

Prior to any booking, the customer undertakes to complete the information requested on the website and certifies that the information provided is accurate and truthful.
After the final selection of the services to be booked, the booking process includes entering bank card details, reviewing and accepting the General Terms and Conditions of Sale and the specific conditions applicable to the selected fare, prior to validating the booking, and finally confirming the booking by the customer.

The booking platform subcontracted to Ultinow acknowledges receipt of the booking by sending an email without delay. In the case of online booking, the confirmation email summarizes the contractual offer, the services booked, prices, cancellation conditions applicable to the selected fare and accepted by the customer, the booking date, after-sales service information, and the address of the seller’s establishment to which complaints may be addressed.

Via the online booking platform subcontracted to Ultinow, the balance for certain services is payable upon registration, regardless of how far in advance the registration takes place. For certain travel services, only an online deposit is required at the time of registration. This amount is indicated in the “price category” on the platform. In this case, the balance will be paid online or on site on the day of the activity, by cheque or cash.

1.2.2 By mail

• Registration more than 30 days before departure: upon registration, payment of a deposit in the amount indicated in the “Registration File.” The balance must be paid no later than 7 days before departure.

• Registration less than 7 days before departure: full payment of the service is required.

2 / CHANGES REQUESTED BY THE CUSTOMER

2.1 Cancellation

Any cancellation notice must be made by any means allowing proof of receipt. In all cases, KUU ORO applies cancellation fees calculated on the total price of the service, including all taxes, and varying according to the date of cancellation, under the conditions set out below.

Cancellation fees (depending on the number of days prior to the service):

• Less than 2 days before the service: 100% of the service price

Change or modification of the service
Any change of service or dates must be notified no later than 30 days before the departure date by any means allowing proof of receipt.
Any modification request sent less than 30 days before departure is considered a cancellation and results in the application of the cancellation conditions above.
The waiver of any service included in a package does not give rise to any refund.

2.3 Modification during the service

Any modification to the program requested by a participant may only be implemented with the agreement of the guide and the entire group. Any additional costs incurred shall be borne by the participant.

2.4 Assignment of contract

In the event of assignment of the registration file to a third party, the customer must inform KUU ORO no later than 7 days before departure by any means allowing proof of receipt.

2.5 Interruption of the service

Any service interrupted by decision of the participant (for health reasons, insufficient skill level, or any other reason) does not give rise to any refund by KUU ORO for unused services. Any additional costs incurred by the participant will not be reimbursed. Following medical repatriation organized by the participant’s assistance provider, unused services cannot be refunded.

3 / CHANGES INITIATED BY KUU ORO

3.1 Cancellation

• Insufficient number of participants
  If the minimum number of four (4) participants is not reached, the service may be cancelled up to the day of departure. The customer will be informed by email or phone and may choose between a full refund of the amounts paid or a transfer of those amounts to another service of their choice. No compensation may be claimed.

• Very unfavorable weather conditions
  In this case, the customer will be informed as soon as possible by email or phone and may choose between a refund or a transfer of the amounts paid to another service of their choice. No compensation may be claimed.

• Force majeure
  In the event of force majeure (unforeseeable and unavoidable events such as wars, political unrest, strikes, riots, weather conditions, natural disasters, etc.).

Only the KUU ORO guide responsible for supervising the service may cancel the service for weather-related safety reasons. In such cases, the participant may not request a postponement or cancel participation without the cancellation fees set out in section 2.1 applying.

3.2 Changes before departure

Before departure, an itinerary, program, or embarkation location may be modified for weather-related reasons. These details are specified in the registration files, on the website, and on the online booking platform.
The guide in charge may redefine the route at any time to ensure sheltered sea conditions and optimal navigation depending on participants’ skill levels. The participant may not cancel without forfeiting the full price of the service.

3.3 Changes during the service

For safety or organizational reasons, particularly due to weather conditions or the group’s skill level, the program and itineraries may be modified. In such cases, only the guide is authorized to make the necessary decisions without prior notice. KUU ORO may then cover additional services incurred or, except in cases of force majeure, refund the price difference between the planned services and those actually provided.

3.4 Interruption of the service

Any service may be interrupted by decision of the guide for duly justified reasons (safety, insufficient skill level, weather conditions). Unless the interruption is due to force majeure, KUU ORO will refund the price difference between the planned services and those provided.

4 / LIABILITY

4.1 Civil liability

KUU ORO is insured for professional civil liability with an insurance company. However, this does not replace the individual civil liability insurance that each participant must hold.

4.3 Events beyond KUU ORO’s control

KUU ORO cannot be held liable for partial or total non-performance of the service due to events beyond its control, including:

• incidents attributable to the participant (delay, absence, risky behavior, etc.),

• incidents attributable to a third party,

• force majeure (unforeseeable and unavoidable events such as wars, political unrest, strikes, riots, weather conditions, natural disasters, etc.).

4.4 Safety rules

As services take place in a natural environment (at sea and on land), exemplary individual behavior and strict compliance with safety rules set by the guide are required. KUU ORO cannot be held responsible for individual recklessness.
KUU ORO reserves the right to exclude, at any time, one or more participants whose behavior endangers the safety or well-being of the group, without any compensation being due.

4.5 Prerequisites and technical levels

Upon registration, each participant acknowledges being able to swim and having the physical condition and technical skill level required for the chosen service. KUU ORO cannot be held liable for insufficient physical condition revealed during the service.

4.6 Minors

KUU ORO accepts minors provided their age and physical ability allow the service to be carried out under normal conditions. Except for services specifically reserved for minors, they must be accompanied by at least one parent or another authorized adult.

4.7 Transport and accommodation before and after the service

In the event of modification or cancellation of the service, KUU ORO is not responsible for any loss in value of transport tickets or accommodation services booked by the customer to reach the starting point or return home. Customers are strongly advised to choose modifiable and/or refundable transport and accommodation.

5 / EQUIPMENT

5.1 Equipment provided

Equipment supplied by KUU ORO is listed in the technical sheet or registration file for the service. It is entrusted to the participant, who is responsible for it throughout the service. Any damage may result in repair or replacement costs. Participants are advised to ensure that their personal civil liability insurance covers any damage incurred during a sea kayaking service.
Participants may use their own equipment under their sole responsibility, without entitlement to any reduction or compensation.

5.2 Equipment to be provided by the participant

Required equipment is listed in the technical sheet for the service. Proper equipment is essential for safety and comfort. The customer is solely responsible for their personal equipment.

6 / PRICES

6.1 Prices and payment

Prices include only transport, the loan or rental of navigation equipment, and related gear.

Additional costs
Additional costs are detailed in the registration files. Accommodation, catering, and sometimes transport services during a trip are billed directly by providers or managed through a shared fund organized and advanced by KUU ORO.

Prices are calculated based on economic conditions at the time of publication. They apply from publication until the next edition and are confirmed upon registration. Prices may be subject to change and apply to all customers. Promotions and discounts are neither cumulative nor retroactive.

Online payments are secured via ultinow.com / stripe.com. Card validity is verified by Stripe.com. Cards may be declined for various reasons (stolen card, blocked card, limit reached, data entry error, etc.). In case of issues, customers must contact their bank and KUU ORO. For prepaid fares, deposits are charged at the time of booking.

6.2 Small group supplement

To avoid cancellation due to insufficient participants, KUU ORO may offer a small-group departure subject to a supplement. Customers may accept or refuse. If refused, all amounts paid will be refunded.
If the minimum group size is reached on the day of departure, the supplement becomes unnecessary and will either be refunded or not charged.

7 / PRIVACY

Personal data collected is intended solely for KUU ORO and online payment providers and is not shared with third parties. During online payment, bank details are transmitted by Stripe.com to the establishment’s bank for execution of the booking contract. Data transfers may occur outside countries offering adequate data protection; the customer consents to such transfers.
In accordance with French Law No. 78-17 of January 6, 1978, customers have the right to access and rectify their personal data by writing to:

KUU ORO – Managed by Mr. Guy VAKIE, sole proprietorship
Tribu de Touete, BP 118
Île des Pins, New Caledonia

8 / DISPUTES

8.1 Complaints

Any complaint must be sent by registered letter with acknowledgment of receipt within one month of the return date, accompanied by all supporting documents, to the address above.

8.2 Disputes

Subject to the claimant’s legal standing, any dispute falls under the exclusive jurisdiction of the District Court of Nouméa.