BRN : C15134955. CP20 Cruise Ltd. Out of VAT

Service : The type or category of vessel, its particularities, the content of the service, the composition of the crew, are those designated on the order form.

The price of the cruises includes, unless otherwise stated on the order form:

* The provision and maintenance of the vessel,

* The salaries and social charges of the crew,

* The ship’s insurance and the shipowner’s professional liability insurance,

* Fuel, oil and consumables for the vessel,

* The 3 meals / day and the alcoholic and non-alcoholic drinks mentioned, (no lunch on embarkation or disembarkation days).

The price does not include, unless otherwise stated on the order form:

* Optional personal insurance for Passengers: cancellation, illness, accidents, repatriation, luggage, assistance…,

* Airline tickets, transfers or any other means of transport for Passengers, from their point of departure to the port of embarkation and return,

* Personal expenses, including telecommunications and expenses on land of any kind,

* In addition to the price of the cruise, the passengers will have to pay a fixed and obligatory “on board fund”, the amount of which appears on the order, (including the expenses of type: taxes of stay, ecological, tourist, port rights, clearances, possible reappraisals of fresh products during the cruise, tips to the personnel of assistance of the harbors and anchorages…). It is payable at embarkation, necessarily in cash, as the ships are not equipped with an Electronic Payment Terminal.

The shipowner will not embark a Passenger who refuses to pay the amount in advance, as the shipowner will mention the boarding fund in very clear terms on offers and Passenger contracts. Other items to be paid on the spot may appear on the order form.

As the boarding fund is a flat rate, no supplement may be requested from Passengers, and no refund will be made. You can obtain a receipt from the base manager.

Catering unless otherwise stated on the order form: The main meals (lunch and dinner) are served at the table or as a buffet, generally 3 courses (starter, main course, dessert or cheese), sometimes only 2 at lunchtime. Breakfast may be self-service.

The on-board staff will do their utmost to satisfy customers, but the Owner cannot be held responsible for the impossibility of satisfying requests for special diets (kosher, halal, vegetarian, medical prescriptions….). However, without any obligation to achieve results, on certain destinations, the Vessel Operator may attempt to make arrangements for certain requests made at least 15 days in advance.

Provisioning is partially done at the port of call: fresh, canned and frozen products, not only local products.

Our cruise tariffs are all-inclusive in the context of a defined service, including supplies. ¨For exclusivities only: in case of request by the customer of special provisioning, depending on the importance and the possibility according to the place of departure of the cruise it will be charged from 50 to 200 € per passenger (for all passengers).

Drinks included unless otherwise stated on the order form: Rum, beer (limited to a certain number per day), cocktails, fruit juices, coffees, teas, herbal teas, milk, soft drinks. For table water, our ship is equipped with a special tank that feeds a fountain. Unless otherwise agreed, no bottled water (except sparkling water) or other alcoholic beverages are provided. The Captain is obliged to refuse alcoholic beverages to a person who is clearly intoxicated. In some destinations, drinks are “local”.

Comfort unless otherwise stated on the order form: Cabins are allocated in order of registration, unless specifically requested on the order form. We will do our best to respect these requests within the limits of our own constraints.

The bathroom is composed of a bathroom sink, a shower (hot and cold water), a toilet and a fan. The side windows are sometimes not openable and are sized to prevent intrusion. The very simple use of the toilets is clearly explained by the crew when the passengers arrive. In normal use, they cannot be blocked. It is mentioned that any introduction of objects not intended (cotton wool, sanitary tampons, cotton buds, etc.) may cause them to break down. In this case, as a deterrent, the unclogging will be charged at 60 € to the Passenger. You will benefit from a 220 V socket in the cabins. The ship is reset to “blank” before each embarkation. Towels provided: 1 small and 1 large per person. Passengers are provided with a change of hotel linen once a week. We do not provide bath sheets, nor do we provide hospitality products. During the cruise, the crew only cleans the common areas, except for ships without innkeepers, where the Captain only cleans the exterior of the ship. Luggage is limited to bags or suitcases that can be stored in the cabins. Passengers must be very careful with their electronic devices, telephone, camera, computer, in particular provide waterproof covers when embarking in a dinghy and do not leave them visible outside their cabin. The Owner advises against taking valuables or large sums of cash on board and declines all responsibility in the event of theft, damage or loss. Passengers are responsible for ensuring that the windows in their cabin are properly closed. The Vessel Operator cannot guarantee the comfort of Passengers in case of bad weather conditions.

Common facilities : The tender is motorized. It can only carry a limited number of passengers simultaneously.

There is a first aid kit on board the vessel, which includes only emergency products defined by the Maritime Affairs Department according to Mauritian standards. It is the responsibility of the passengers to bring their own medication.

Masks, flippers and snorkels are provided (we advise clients to bring their own flippers to make sure they fit), sometimes paddle and/or kayak according to the ship’s description, excluding any other water sports equipment such as buoys, boards…

For safety reasons, we do not accept kite surfing or windsurfing equipment on board (except for dedicated cruises or exclusive cruises with prior written agreement). We never accept scuba diving equipment unless the cruise is dedicated to this activity, nor underwater hunting (which is prohibited in Mauritius).

It is possible to fish from the shore provided that the rules and prohibited areas are respected. Some types of fishing may present a danger to passengers or vessels: strictly follow the instructions of the crew. Equipment is not provided, Passengers may bring their own. We do not provide books or board games. We provide DVDs for the TVs you have in the cabins, the TVs are not connected to the satellite or terrestrial antenna.

Embarkations: The embarkation point, with explanations on how to reach the ship will be sent (exclusively by email), at your request, you can find the embarkation point on our website zilecruise.com. The Vessel Operator is not responsible for the means of transport chosen by Passengers to get to the embarkation ports and back home. It is advisable to provide sufficient connection time and changeable tickets.

The availability of cabins begins on Day 1 at embarkation time and ends on Day 8 (or Day 11 for 11-day cruises) at disembarkation time as mentioned on the order form, in order to allow the ship to be put in order and to make supplies. Under no circumstances may Passengers enter the vessel before the embarkation time or deposit their luggage on board.

The Vessel Operator does not have a luggage locker.

In the event of late presentation at the boarding appointment, except for ships reserved exclusively, the Captain, after a reasonable period of time, must set sail so as not to cause delay to the other Passengers. In the event that Passengers are unable to embark as a result of this, there will be no compensation and any catching up of the vessel, if possible, will be entirely at their expense.

Duties of the crew: Captain: Driving and responsibility of the ship, external cleaning, maintenance and possible breakdown service if possible, administrative formalities, watch taking. He is in charge of relations with the Authorities and the Passengers for all matters concerning the organization of the cruise. Sailor/Steward/Hostess if mentioned in the contract: Cooking, service, washing up, supplies, cleaning (exclusively of the interior common areas), watch taking. In European waters, the crew members are registered and qualified (sometimes derogatory for the Sailor/Steward/Hostess). Other countries have different laws regarding maritime qualifications. Local regulations are applied. In our various documents, the terms: Captain, Sailor, Stewardess, Steward … are used interchangeably regardless of the gender of the person concerned.

Miscellaneous: Passengers undertake to comply with the safety instructions (briefing by the crew onboarding and sign posted in the wardroom) including restrictions on smoking. Prior to departure, Passengers must sign the safety instructions, the text of which is attached. As the vessels benefit from preferential customs regimes, no goods or supplies may be disembarked on land.

We are not responsible for any discrepancies in age, gender or language between passengers. In shared cabin bookings, we do not accept minors, and we do not take into account the gender or age of the persons sharing the cabin.

The Passenger remains responsible for any damage or loss of equipment, for the payment of services (radio communications or others), incumbent on him/her and which would remain due. In the event of night sailing, in bad weather, in certain anchorages or for safety reasons, the crew may be required to sleep in the saloon. In certain cases, the crew may ask passengers to use their bathroom, which a passenger is entitled to refuse.

Cases of Force Majeure: The following are considered as such, without this list being restrictive: Acts, events, non-events, accidents, “Acts of God”… beyond the reasonable control of the Owner or Charterer, including, strikes outside the parties, lock-outs or other industrial disputes, demonstrations, riots, blockade, invasion, war, fire, explosion, sabotage, severe weather problems, collision, grounding, government act or regulation, (including notice from the Ministry of Foreign Affairs or equivalent of the sending or receiving country imposing the suspension of the destination), major technical breakdown, serious illness, or imposing a diversion during the period of use (international maritime regulations impose assistance and rescue at sea). The Passenger undertakes to tolerate the necessary rescue interventions and any delay or inconvenience that may result from them. The Captain is the sole judge of the decisions to be taken. In the event of problems due to Force Majeure, the Vessel Operator cannot be held responsible and will not be obliged to provide a replacement vessel or accommodation, reimbursement, repatriation, or compensation in any way whatsoever, in particular the cost of returning from the port of disembarkation to the Passenger’s home.

In the event of an official ban on the destination by the French Ministry of Foreign Affairs or by the SETO (Association of French Tour Operators), of a significant deterioration in the interest, state or safety of the ports of call, whatever the cause, or of the absolute impossibility of reaching the port of embarkation for unavoidable reasons totally independent of the will or possibilities of the passengers themselves (strikes, delays, cancellations, affecting transport, companies, ports, airports and related services are not taken into account) The lost days of the cruise, from one full day to the total cruise, will be compensated by a credit on a future cruise. For technical reasons, delays or risks, the ship could be replaced by another ship of equivalent or higher category, with the same objective elements of comfort, i.e.: cabins, bathrooms, meals, crew as mentioned in the contract.

Itineraries: Our itineraries, journey times and stopovers are given as an indication and may be modified according to imperatives, including weather regulations, in order to avoid sailing in uncomfortable conditions. The stopovers mentioned “at the quay” are likely to take place at anchor if there is no place available in the port. Similarly, a stopover “at anchor” may be replaced by “at quay”. Embarkation / disembarkation may sometimes be carried out by tender. The journey times correspond to normal sea conditions. Sailing is done primarily under sail, except in cases where the direction of the wind, its insufficiency, or any other maritime or meteorological phenomenon, as well as any need for schedules, require the use of engines. For various reasons, including weather conditions, the itinerary may be reversed. Similarly, for cruises lasting several weeks and combining several tours, the order may be reversed. The maps and photos in our documentation are not contractual. Only the elements mentioned on our contracts are binding.

Compliance with safety rules and regulations:

Passengers undertake to respect the safety rules, as posted inside the vessel, to attend the safety briefing and to sign the minutes before departure. Passengers shall not :

– Oppose the “Internal Regulations for Sailors” of the Owner.

– Bring on board, or allow to be brought on board, without the Captain’s authorization, persons who are not on the Passenger’s list.

Passengers are not authorized to pilot the dinghy unless authorized by the Captain and only in the presence of a member of the crew.

The embarkation of any weapon, substance or illegal material, in Mauritius or in the countries crossed, is strictly prohibited. Any fine or financial consequences of non-compliance with this rule, both for the Passenger and the Shipowner, will be borne exclusively by the Passenger concerned. It is the duty of the crew to disembark immediately any offender and to inform the competent authorities.

The Passenger is solely responsible for the compliance of travel documents, passports, visas and vaccination certificates, for themselves and the persons accompanying them, in accordance with the regulations of the countries visited, in particular for Passengers of nationalities outside the Schengen Area, or for children (it is reminded that children must have their own passport). Some countries are very demanding regarding the accompaniment of minors and the documents required for their admission. Parents should check the necessary documents with the relevant authorities.

In the event of international navigation, the Passenger must send the Vessel Operator a photocopy of the passports of all the intended embarkers, at least 10 days prior to departure in order to prepare the Exit Declarations and avoid any delay in embarkation. The fact of having provided the copy of the passports does not release the Passenger from his/her responsibility as to his/her compliance with administrative requirements.

Any information provided by the Vessel Operator relating to formalities in the countries crossed concerns only persons of French nationality who are of age. For all other cases, the Passenger must consult the relevant Consulates, in particular for entry-exit authorizations for minors.

The Passenger must notify, at least 15 days prior to departure, the presence of children under the age of 12 or passengers weighing less than 30 kg (special waistcoats must be provided free of charge by the Vessel Operator) and prior to the registration of frail or disabled persons or any health risks, failing which embarkation may be refused, without refund or compensation.

For safety reasons, the Owner will not embark mentally handicapped persons or passengers in wheelchairs. No more than one disabled person (including the visually or hearing impaired) may be accepted on any one cruise, who must be able to walk and be accompanied by a fully able-bodied person who can assist. The reservation may be cancelled if a medical certificate is not presented attesting to the Passenger’s ability to take part in the cruise concerned (model required on request). In this case, the following cancellation fees will apply.

Passengers must inform the Vessel Operator prior to booking of any health risk and in this case must provide an explicit medical certificate of no contraindication. Failing this, the Owner cannot be held responsible for any harmful consequences that may result. Under no circumstances may the crew have a supervisory or childcare function. The Passenger releases the Vessel Operator and its staff from any responsibility concerning their supervision, which must be carried out directly and permanently by the parents. Very young children and babies may only be taken on board vessels reserved exclusively for them. In the case of babies, their food must be provided and prepared by the parents.

The Vessel Operator declines all responsibility in the event of an accident occurring as a result of the practice of activities, sports, nautical or terrestrial practised by the Passengers during the cruise, or on land during the stopovers. In these cases, the Passenger must have their own insurance and the Vessel Operator has no duty to provide assistance or repatriation, which remain entirely at the expense of the Passenger concerned.

Tourist information and excursions : The Vessel Operator and its employees may sometimes provide information on local excursion possibilities or on different service providers. The Vessel Operator has no control over these service providers, does not receive any remuneration from them and declines all responsibility in the event of problems of any kind. It is reminded that we require our crews to have a perfect knowledge of the sea, however, they are not tourist guides. Our business is cruising, we have no vocation to organize visits, activities or other outside our ships. We decline all responsibility for any event on land, in particular outside the supervision of the crew. Our crews speak mostly French, English and Creole.

Denial of boarding, early disembarkation :

The Captain will refuse to embark Passengers who do not comply with the regulations of the countries concerned, children under 7 years of age, whose exact date of birth is not indicated on the travel contract, persons whose disability was not indicated at the time of booking, or any Passenger refusing to sign the safety instructions. Animals, even of small size, will not be accepted on board, except for written derogation which may be considered only for ships booked exclusively on certain cruises, limited to animals weighing less than 7 kg. Health documents must be presented before boarding.

The Captain will disembark any Passenger whose behaviour could endanger or seriously inconvenience the other Passengers, the crew or the vessel, or whose state of health appears to be incompatible with the cruise. The fact of not having previously detected a possible health incompatibility does not imply recognition of its acceptance.

In the event that Passengers are not embarked or disembarked, at their initiative, at that of the Captain or the local authorities, for any reason whatsoever: transport delays, non-conformity of travel documents, personal convenience, health, aptitude, behaviour, illegal acts, etc., the Vessel Operator will not be obliged to provide any assistance, nor to pay any expenses (accommodation, repatriation, fines, legal assistance, medical, etc.). In the above cases, no refund or reduction in price will be granted.

Any repatriation or accommodation costs for Passengers disembarking early for any reason whatsoever, fees and costs of intervention on board or on land by health or assistance professionals concerning Passengers, fines, legal and assistance costs, penalties, miscellaneous costs incurred by Passengers due to their behaviour, shall be borne exclusively by the Passengers concerned.

Cancellation / Modification / Late payment: Pursuant to the provisions of Article L 121-21-8 of the French Consumer Code, the services offered do not benefit from the right of withdrawal provided for in Articles L 121-21 et seq. of the French Consumer Code concerning distance selling, in particular Article L 221-28. Consequently, the services ordered are exclusively subject to the conditions of cancellation and modification provided for in these General Conditions of Sale and the user may not invoke the right of withdrawal. The payment of a deposit constitutes acceptance of the offer and of these General Terms and Conditions of Sale, even without the physical signature of the reservation form. In the event of cancellation or modification of the date by the Passenger, whatever the cause, the following cancellation fees will be due:

Modification and cancellation of services lasting more than 3 days:

To cancel the order, the client must send his request in writing (registered letter with acknowledgement of receipt) to Z’ILE CRUISE or to the service provider who sold the cruise at the following address Z’ILE CRUISE Sunset Boulevard, Royal Road 30501 GRAND BAIE Mauritius, Only the date of receipt by Z’ile cruise of this request for cancellation, or if applicable, the deadline for payment of the balance, will be taken into consideration for the calculation of any charges due by the client.

It is expressly stated that the client’s failure to show up for departure or to check in will be considered as a cancellation of the reservation less than 3 days before departure and the totality of the price of the stay will be due by the client, even if it is caused by a delay in pre-routing in the organization of which Z’ile cruise did not collaborate, by a case beyond the client’s control, or by the act of a third party.

No reimbursement will be made in case of shortening of the stay due to the client or in case of non consumption of a service.

5.1 : Modification and cancellation by the client :

– Cruise conditions (all destinations)

Any cancellation will incur the following charges on the total amount of the package:

– More than 90 days before boarding: 0% of the cruise price

– Between 90 and 60 days before boarding: 25% of the cruise price

– Between 59 and 30 days before embarkation: 65% of the cruise price

– 29 days and less before embarkation: 100% of the cruise price

If the cruise has to be cancelled due to weather conditions, an alternative date will be offered, if this is not possible, a full refund less a 5% administration fee will be made. Full refund in case of technical problems with the vessel.

Change of dates more than 30 days before departure, free of charge.

Change of dates less than 30 days before departure, a 15% fee will be charged.

Modification and cancellation of services of less than 3 days:

Cancellation between 30 days and 15 days before the service 20% of the service will be charged, between 14 days and 3 days before the service 50% will be charged, less than 3 days before the service 100% will be charged. Full refund if cancellation due to weather or technical difficulty of the vessel only if the service cannot be rescheduled.

If the booking is made 3 days or less before the service, a cancellation fee of 50% will be charged in case of cancellation by the client. If the cancellation is due to weather conditions and the service cannot be rescheduled, or if there is a technical problem with the vessel, a full refund will be made.

The port of embarkation cannot be changed. Any request for cancellation or modification must be notified by registered mail addressed to ZILE CRUISE Mauritius headquarters. A postponement of the date, if accepted, does not allow a postponement of the cancellation thresholds which remain based on the calendar dates of the original file. The signature of a quotation, order form, confirmation by e-mail or the payment of a first deposit, even partial, immediately and definitively commits the Passenger who can only cancel within the framework of the above. Failure to present Passengers for boarding, or refusal to board for any reason whatsoever, shall be considered as a cancellation by the Passengers on the day of departure.

In the case of a reservation confirmed by the Client by payment of a deposit by any means whatsoever (online, cheque, bank transfer, holiday cheque, money order, etc.), received by ZILE CRUISE when the cruise is no longer available, the deposit will be refunded immediately. The client will not be entitled to any compensation whatsoever.

Administrative and health formalities must be carried out at the client’s expense and on their own initiative. In the event that boarding is not possible due to failure to produce the formalities, no refund will be possible.

Passengers are advised to take out travel insurance covering all risks incurred, in particular: cancellation, repatriation, loss, damage and theft of luggage or personal belongings, medical expenses, accidents, legal assistance, cancellation of their plane tickets or other tickets, consequences of a delay. The insurance included in payment cards is sometimes restrictive and difficult to apply. Any accidents occurring during the cruise will only be covered by our own liability insurance if we are at fault. If there is no fault on our part, the passenger’s insurance is exclusively concerned.

Departures are guaranteed regardless of how full the ship is. If the number of passengers is too low, the planned vessel may sometimes be replaced by another, possibly smaller, vessel offering the same objective elements of comfort and service. In the event of cancellation by the Shipowner for reasons beyond its control: serious breakdown, delay due to weather conditions, unavailability of vessel, the Shipowner will immediately refund the amount of the sums paid to it by the Passenger, who may not claim any other refund or additional compensation, in particular with regard to their transport or accommodation costs. In the event of a reduction in the duration of the cruise for reasons of force majeure, the Vessel Operator will only reimburse the pro rata of the days not provided. In the event of a diversion for safety reasons at the request of the Maritime Authorities, the Owner will not make any refund.

In the event of late payment, 0.3% per day of delay from the due date will be due in addition to the amounts due.

If the Passenger fails to pay any sum payable under this contract, the Shipowner, 7 days after a formal notice by e-mail, or, without payment 14 days after the due date, shall have the right to consider this contract as breached by the Passenger, to retain the total amount of all payments already made before breach, to charge the corresponding cancellation penalties and to remarket the cabins. Payment onboarding of balances due is not accepted.

Information: We record telephone calls to ensure quality of service, training of our staff and follow-up of cases. We keep this information for as long as necessary. By providing us with your email address, you agree to receive offers informing you about our services. You can ask us at any time to stop sending you offers or to delete the records.

Disputes, jurisdiction :

For the execution of the present, the parties each elect domicile at their respective seat or domicile, indicated at the head of the present. In the event of a dispute, the parties agree that the dispute shall first be submitted to the Mediator. Failing agreement, it shall be submitted to the Courts of Port Louis, Mauritius, to whom exclusive jurisdiction is given, even in the event of a warranty claim or multiple defendants. By express agreement, the contract and its possible consequences will be governed by Mauritian law. If any of the provisions of the contract or of the General Conditions should be declared inapplicable or invalid for any reason, such invalidity or inapplicability shall not affect the application or validity of the other provisions. These General Terms and Conditions of Sale apply to all trademarks of the Shipowner. The Shipowner may never be held liable for indirect damage. To be valid, any claim must be notified to the Owner within 30 days of disembarkation.

In the event of disagreement, you may then contact the TOURISM MEDIATOR. 

SPECIAL CONDITIONS :

In accordance with the regulations, ZILE CRUISE is authorized to embark 17 passengers on its day trips and a maximum of 8 passengers on cruises of at least one night.

Crews: crews are generally local and have the qualifications in accordance with local regulations.

Exclusively booked vessels: The contractual rates correspond to the service described in the contract. Any substantial modification of the itinerary at the request of the Passengers or modification of the service will give rise to a modification of the tariff. A vessel is only booked on an exclusive basis if the Passengers have paid the fare corresponding to the full capacity of the vessel, as mentioned on our website and documents.

Ships with crew limited to the Captain: Meals are prepared by the Passengers. Our service is limited to the supply of food and beverages: Fresh, canned, frozen products, not only local products. The Captain does the sailing and docking manoeuvres with the help of the passengers.

Diving cruises

The shipowner has an agreement with SUNSET DIVING Mauritius, which has a professional diving centre. We can organize dive cruises with this centre and only with this one after accepting their conditions for the proposed dates.

We have no control over the Centre and no legal relationship with them. They act in accordance with Mauritian regulations, although SUNSET DIVING Mauritius is managed by French people affiliated to the French diving federation (ffessm).

The Diver is obliged to ensure that he/she is in good health and that he/she has no contraindication to the practice of diving. He/she must have the necessary documents and sport levels to practice his/her sport during the outings offered by the Centre. The centre does not offer initiation in this case, only certified divers will be accepted.

The Owner is not in a position to check the information provided by the Diver in the framework of his information sheet. These documents and attachments are sent to the Centre without any control of their veracity and authenticity. They must be received at the Shipowner’s office at least 15 days before the embarkation date for transmission. The Diver is solely responsible for his declarations and the documents he provides.

Whatever the Diver’s level, a so-called rehabilitation dive is sometimes compulsory, before or instead of the first dive planned in the circuit. At the end of this dive, the Centre’s manager will be the only one to judge the abilities of each diver and their level.

Participation in dives is subject to the approval of the Diver by the Centre and, in particular, to the assessment of his/her physical abilities.

The Centre may prohibit the Diver from participating in certain dives and may cancel any dive at its own initiative and under its own responsibility for reasons related to the weather or a specific risk, without any reimbursement or compensation being required.

The Owner remains outside the relationship between the Diver and the Centre, the practice of diving being under the sole responsibility of the Diver and the Centre, and declines all responsibility, whatever the reasons, in the event of : Refusal of a Centre to allow a passenger to dive and/or to take him/her to certain places, accidents during a dive or as a result of a dive, and generally speaking, any problem that may arise.

The prior subscription of a specialized insurance “assistance, repatriation, care, diving risks” is imperative and is the sole responsibility of the Diver.

AGERS CA