Terms of Sale

1. Purpose

These Terms of Sale (conditions générales de vente, CGV) govern the sale and booking, on the agem-excursions.mq website, of the leisure activities offered by AGEM Excursions (hereinafter “the Provider”) to any natural or legal person making a booking (hereinafter “the Customer”).

AGEM Excursions sells and manages the booking, payment, cancellation and refund of all the activities presented on the site:

• Boat trips in the Baie du Robert (Robert Bay, Martinique), operated directly by AGEM Excursions, which sells them under the name Natou Excursions.
• Ultralight flights, operated by Dtek and sold by AGEM Excursions under the name WanakAéro.

Natou Excursions and WanakAéro are trading names, each designating an activity, not separate companies: Natou Excursions is the name under which AGEM Excursions runs its own boat activity, WanakAéro a brand of Dtek.

The performance of ultralight flights, aviation safety, aviation insurance and the corresponding participation conditions are the sole responsibility of Dtek, under the conditions set out in Article 8.

2. Services offered

AGEM Excursions offers boat trips including, depending on the option chosen:

• A narrated cruise in the Baie du Robert
• A visit to Îlet Chancel (Chancel islet) and iguana watching
• Swimming and snorkeling stops
• An aperitif and/or a Creole lunch
• Private charter of the boat for events

The details of each service (duration, inclusions, prices) are set out on the dedicated pages of the site and during booking.

The site also offers ultralight flights, operated by Dtek under the name WanakAéro and subject to the specific provisions of Article 8.

3. Prices

Prices are stated in euros (EUR), net of tax (VAT not applicable, article 293 B of the CGI, the French General Tax Code). The prices in force (by option, passenger category and extra) are displayed on the dedicated pages of the site and in the booking process, before the order is confirmed.

Prices may change at any time. The applicable price is the one in force when the Customer confirms the order; the total amount is summarized and confirmed before payment.

4. Booking and payment

Bookings are made online on the agem-excursions.mq website. Payment is made online by card (Visa, Mastercard, Apple Pay, Google Pay, ...) through the secure Stripe platform. Full payment is required at the time of booking.

The booking is confirmed by a confirmation email containing a summary of the service, the date, the time and the meeting point.

Bookings close according to a deadline specific to each activity, all times being Martinique time:

• Natou Excursions: until 6:00 PM (Martinique time) the day before the chosen date.
• WanakAéro: no later than two days before the chosen date.

A booking made within the last 24 hours before the service carries no right to a refund in the event of cancellation, in accordance with Article 6.1. The Customer is informed of this before payment.

By confirming the order, the Customer acknowledges having read and accepted these Terms of Sale without reservation.

5. Right of withdrawal

Under article L.221-28 of the Code de la consommation (French Consumer Code), the right of withdrawal does not apply to leisure services to be provided on a specific date. Nevertheless, AGEM Excursions applies the cancellation policy described in Article 6.

6. Cancellation and changes

6.1 Cancellation by the Customer

• More than 48 hours before departure: full refund
• Between 48 and 24 hours before: refund of 50% of the amount
• Less than 24 hours before, or no-show: no refund

These deadlines are counted from the scheduled departure time. For ultralight flights, whose time is agreed with Dtek after booking, they are counted from midnight (Martinique time) at the start of the booked date.

6.2 Cancellation by the Provider

In the event of unfavorable weather conditions or exceptional circumstances (breakdown, safety issue), AGEM Excursions reserves the right to cancel a boat trip. In that case, the Customer will be offered:

• A change of date to a day of their choice (subject to availability)
• A full refund

6.3 Changes

Date changes are free of charge and possible subject to availability, at least 48 hours before the original date.

7. Safety (boat trips)

Passenger safety is the top priority of AGEM Excursions. The boat complies with the maritime safety standards in force. Suitable life jackets are provided to all passengers. The captain holds the necessary certifications.

Passengers agree to follow the safety instructions given by the captain. Any person whose behavior endangers the safety of other passengers may be put ashore without a refund.

8. Specific provisions for ultralight flights

The ultralight flights sold by AGEM Excursions are operated by its partner Dtek (Entreprise individuelle, SIREN 522 180 074), which carries out this activity under the name WanakAéro and performs the flights under its sole responsibility, with its own aircraft, certified flight instructors and aviation insurance.

For safety reasons set by the operator, taking part in a flight is subject to the following conditions: minimum age of 7 years, maximum height of 195 cm and maximum weight of 95 kg. The Customer provides this information when booking and guarantees its accuracy.

As flights depend on weather conditions and safety requirements, they may be postponed or canceled by the operator. In that case, the booking is handled by AGEM Excursions under the cancellation policy of Article 6 (change of date or refund).

9. Liability

AGEM Excursions holds professional liability insurance. The Provider cannot be held liable in the event of force majeure, fault of the Customer or the act of a third party.

The Customer declares that they can swim (unless stated otherwise when booking) and are in good physical condition to take part in the boat trip. People with reduced mobility are invited to contact us beforehand.

10. Allergies and diets

The Customer must report any food allergy or special diet when booking. AGEM Excursions undertakes to adapt the menu as far as possible. Without prior notice, the Provider cannot be held liable.

11. Image rights

Photos and videos may be taken during boat trips for promotional purposes. The Customer may object to the use of their image by telling the crew, or by email after the boat trip.

12. Complaints

Any complaint must be sent by email to hello@agem-excursions.mq within 30 days after the date of the boat trip. AGEM Excursions undertakes to reply within 15 business days.

If a dispute remains unresolved, a Customer who is a consumer may refer it free of charge to the consumer mediator (médiateur de la consommation) whose contact details will be provided on request.

13. Governing law and jurisdiction

These Terms of Sale are governed by French law. In the event of a dispute, an amicable solution will be sought before any legal action (see Article 12). Failing that, a Customer who is a consumer may bring the matter, at their choice, before the court of the place where they lived when the contract was concluded or before any of the courts with territorial jurisdiction under the Code de procédure civile (French Code of Civil Procedure).