General terms and conditions of sale and transportation
1-PREAMBLE
These general conditions, including the Special Conditions for the transport of goods, (below the “General Conditions”) are intended to govern the Conditions of purchase, subscription and use of passenger transport tickets, vehicles and goods, usable on the maritime routes operated by SAS Apetahi Express (hereinafter the “Transport ticket(s)” or “Ticket(s)).
Apetahi Express is a simplified joint stock company with capital of 40,100,000 CFP francs whose head office is located in Papeete, 27 Chemin Vicinal de Taunoa, identified with the ISPF under the number TAHITI D 45790 and registered in the Registre du Commerce et des Sociétés de Papeete under number TPI 19 306 B (the “Carrier” or “SAS Apetahi Express”).
The General Conditions apply to any buyer, natural or legal person, Consumer, Non-professional or Professional purchasing for himself or for his clients (“Passenger”), holder of a Transport Ticket, whatever form it may be. For the application of these General Conditions, the following definitions are applicable:
– Consumer: any natural person who acts for purposes which do not fall within the scope of commercial, industrial, artisanal, liberal or agricultural activity;
– Non-professional: any legal entity which does not act for professional purposes;
– Professional: any natural or legal person, public or private, who acts for purposes falling within the framework of commercial, industrial, artisanal, liberal or agricultural activity, including when they act in the name or on behalf of a other professional;
The General Conditions apply to any passenger or shipper (“Passenger”), whether they are the purchaser or holder of a Transport Ticket, whatever the medium. They are governed by the laws and regulations, as well as the international conventions applicable in French Polynesia, all subject to these general conditions of transport which prevail over provisions which are not of public order.
These General Conditions, associated with laws, regulations and international conventions, together form the transport contract governing the obligations between the Passenger and SAS Apetahi Express, applicable to all maritime routes operated by the latter and materialized by the Title of transportation. By agreeing to travel on SAS Apetahi Express ships and to purchase Tickets to make a trip or an expedition, the Passenger accepts without reservation in his name and in the name of his heirs, or his assigns, these General Conditions. This acceptance also concerns any person traveling with him, in particular children, and any person traveling under the protection, custody or supervision of said Passenger, and their insurers.
Boarding implies the automatic application of all the transport conditions of SAS Apetahi Express, including in particular the tariff conditions in force, the latter also applying to these General Conditions. The stipulations of these General Conditions are applicable in the event of the installation of a replacement vessel which would be chartered by SAS Apetahi Express to another shipping line. The General Conditions are available at points of sale on request, in printed or electronic version, and can be consulted, saved and printed at any time on the SAS Apetahi Express website: www.tuateaferries.com SAS Apetahi Express reserves the right to change the General Conditions (in particular with regard to price changes). The new General Conditions will be brought to the attention of Passengers by posting at points of sale and on the website. To do this, Passengers are invited to read carefully, each time they visit the SAS Apetahi Express website, or before each order, the General Conditions. The date of the last update of the General Conditions will be indicated on the document, of which you are invited to keep a copy.
2- SCHEDULE
When the Carrier can reasonably expect a change in departure time or a delay during the crossing, it will inform Passengers. In the event that the Carrier is held liable, no compensation will be possible for a delay of less than 24 hours. In the event of a delay in departure of more than 3 hours or cancellation of a passenger service (excluding weather conditions endangering the safety of the operation of the boat), and as far as possible, passengers will be offered free snacks, meals or refreshments reasonably related to the waiting time. Particular attention will be paid to the needs of disabled people and their companions. Other damages arising from these events will remain the responsibility of Passengers. During peak periods, we invite all travelers to take this into account and make their own arrangements. The Carrier informs passengers of any cancellation or delay as soon as it becomes aware of it. The provisions of this article do not apply when the ticket was purchased after the announcement of the cancellation or delay was made or if the cancellation or delay is due to the action of the passenger
3- Force majeure
The Carrier cannot be held liable under any circumstances due to changes to itineraries and/or timetables, diversions, service interruptions and in particular cancellations, or delays in the execution of the transport contract, resulting from the obligation of SAS Apetahi Express to come to the aid of other ships in difficulty under the conditions of article 20 of these General Conditions or from an event not attributable to SAS Apetahi Express or due to force majeure . Any unforeseeable and irresistible event as assessed by French case law is considered as such. These include: unfavorable weather conditions, shipwreck, collision, approach to docking or release, quarantine, fire, act of war or piracy, national strike, strike of part or all of the personnel. Damage resulting from these events, such as for example travel and accommodation costs, will remain the responsibility of Passengers.
4- RATES AND CONTROL
4.1- General provisions
Passengers must be in possession of a valid Transport Ticket to be able to board. Holders of multi-pass transport tickets must be in possession of the corresponding name cards which serve as transport tickets. Failure to present a transport ticket does not authorize access to the vessel without payment of a ticket. Beneficiaries of special rates must be able to spontaneously present their reduction or subscription voucher at any time as well as the necessary supporting documents (identity document), photocopies not being accepted. If a delay should be caused for compliance with the fare, for non-presentation of reduction or subscription vouchers and their supporting documents, and if it prevents the boarding of the Passenger concerned within the stopover time, no recourse will not be possible against SAS Apetahi Express. The transport ticket is free for children under two years old. Despite everything, they must be in possession of a Ticket to allow Passengers to be counted upon boarding. Any Passenger is prohibited from:
– To use a Transport Ticket in irregular conditions (in particular in violation of the general fare conditions),
– To use a Transport Ticket which has been the subject of any modification or preparation likely to encourage fraud,
– To transfer, resell or lend, for a fee or free of charge, a transport ticket or a subscription or reduction card,
– To use a transport ticket, subscription or reduction card, which does not belong to them.
Subscription cards are personalized cards with the name, first name and photo of the holder. They are therefore strictly personal and non-transferable, and remain the property of SAS Apetahi Express. Consequently, any fraudulent use of the subscription or reduction card by its holder, as author or accomplice of the fraud (falsification, counterfeiting, loan to a third party, etc.) noted during an inspection, may result in the ban on access to the ship and the immediate withdrawal by any member of SAS Apetahi Express staff of the card and possible legal proceedings. The subscription card may also be terminated automatically by the Carrier, by notification sent to the Passenger, in the event of proven or repeated fraud or unpaid debts. Any request for a duplicate subscription card will be billed at the current rate. The prices are specified in the pricing conditions available from SAS Apetahi Express.
4.2- Control of tickets
Passengers must provide Transport Tickets corresponding to the category and nature of the service they are using. They are responsible for the good conservation of their Transport Ticket and must, for the entire duration of their trip, that is to say until they disembark from the ship, be able to present it(s) on request to any staff of SAS Apetahi Express authorized for this purpose. SAS Apetahi Express agents can check transport tickets on the ships at any time during the crossing, as well as when boarding or disembarking in the areas indicated for this purpose. At their request, Passengers must present their Transport Ticket and all valid supporting documents.
5- BOOKING AND PAYMENT OF TRANSPORT TICKETS
Transport tickets must be paid for when booking. It is the payment of the Transport Ticket which determines the reservation of the place on board the ships. Reservation and payment for Tickets are possible online on the SAS Apetahi Express website www.apetahiexpress.pf, by telephone at the Customer Service number, or at points of sale. nt the scheduled departure time. These exchange vouchers must be presented when collecting tickets from a point of sale. Pre-reservations for groups are possible up to 48 hours before departure. If the number of passengers constituting the group is not updated with the group service (by telephone or email) within this time limit, the reservation will be invoiced on the basis of the initial reservation.
6- TRANSACTIONS AT TICKET BOOTHS AND ONLINE
The Transport Tickets and the change given at the ticket booths must be checked by the Passenger before leaving the ticket booth, or when validating their reservation online. The Passenger must in particular check the dates and times of travel. No insufficiently or unjustified complaint concerning the conformity of the ticketing issued or the amount of change given will be accepted subsequently. Passengers benefiting from a reduction must take advantage of it before purchasing tickets and systematically present their reduction voucher both upon purchase and when boarding or in the event of a check. No changes or refunds will be possible once the trip has been completed.
7- DUPLICATE
Any request for a duplicate transport ticket will be charged at the current rate.
8- PAYMENT TIME LIMITS FOR ACCOUNT CUSTOMERS
Invoices issued by SAS Apetahi Express are payable upon receipt. Failure to comply with this condition automatically entails, without any reminder being necessary, the application of late payment interest corresponding to three times the legal interest rate, these penalties being payable automatically without prior notice. These penalties are calculated on the entire amount including tax remaining due and run from the due date of the price until its total payment. If he is a Professional, the Passenger must also pay the recovery costs provided for by the applicable texts, without prejudice to possible compensation, under the conditions of common law, for any other damage resulting directly from this delay.
9- AMENDMENT/CANCELLATION
To be taken into account, modifications – cancellations must be registered during opening hours, either at an agency/ticket booth (timetables can be consulted on the SAS Apetahi Express website), or by phone with the customer service or on the SAS Apetahi Express website.
9.1- Conditions of modification for passengers tickets
Modification of Tickets is only possible depending on availability. It is subject to the collection of modification fees per modified journey, the amounts of which are specified in the fare conditions displayed at the ticket booths and on the website. These Ticket modification conditions do not apply to Tickets purchased using vouchers (Works Council vouchers), these Tickets being subject to the terms of use of said voucher. Tickets may be modified under the following conditions:
● Free modification: if made more than 48 hours before departure.
● Modification with costs: payment of a sum of 1,500 CFP francs per Passenger if made less than 48 hours before departure or if made on the return trip, after the outward journey has been made.
Exemption from these costs is possible in the event of proof of illness or death of a close family member making it impossible to continue the trip, upon presentation of proof: medical certificate, death certificate of a member of the family.
In the event of a new reservation where the fare is higher than that initially purchased, the difference will be payable by the Passenger. In the event that the change is made to a trip whose fare is lower than that initially purchased, the difference cannot be refunded. However, the Passenger will be offered to keep the Ticket in their possession which will remain valid for one year from its date of issue. During this period, he will be able to make a new reservation corresponding to the desired trip. In the event of a price difference, the above conditions apply.
9.2- Conditions of cancellation for passengers tickets
The cancellation of Tickets is subject to the collection of cancellation fees per canceled journey, the amounts of which are specified in the fare conditions displayed at the points of sale and on the website. No passenger subscriptions or remaining trips will be refunded. Tickets may be canceled and refunded in the event of cancellation for technical reasons only. The refund request must be made by the Passenger within a maximum of two (2) months following the date of travel and can be requested by completing this form.
Reimbursement will be made within a minimum of 30 working days by bank transfer to the payer’s account. Bank charges related to the reimbursement request will be borne by the customer, if applicable. In the event of cancellation for weather reasons, the Customer will be offered a trip postponement to a later date, within one year from the date of issue of the ticket.
9.3- Optional cancellation insurance for passenger tickets
No insurance is included in the service provided and the ticket prices.
10- SAFETY ON BOARD
The Passenger is subject to shipboard discipline under the authority of the ship’s captain. As such, Passengers must comply with all appropriate regulations and instructions, developed or given by SAS Apetahi Express to board or disembark. Passengers must not disturb the peace of other Passengers and SAS Apetahi Express staff with noise pollution or aggressive remarks. For security reasons, the company may carry out a complete or partial inspection of the baggage before boarding by any technical means that it deems necessary in compliance with security rules. Furthermore, the Carrier reserves the right to refuse the carriage of a Passenger at any time for the following reasons:
– When the Passenger presents expired or illegal identity documents,
– If the Passenger is affected or likely to be affected by serious infectious diseases or diseases deemed by the health authorities to have an official alert level such as serious respiratory infections, viruses, tuberculosis or pneumonia,
– If the captain notices that the Passenger has taken narcotics, hallucinogens or is intoxicated making his behavior dangerous for himself and/or other Passengers. In any case, the consumption of drugs is prohibited on board,
– If the attitude or behavior of a passenger was not compatible with respect for the safety of other Passengers or the ship, or would be likely to harm public order,
– If the Passenger refuses to have their baggage inspected. SAS Apetahi Express reminds Passengers that there is no doctor on board during the crossing.
The transport of weapons is subject to the relevant provisions which are available at points of sale. In application of Country Law No. 2009-04 of February 11, 2008 amended by Country Law No. 2010-2 of March 15, 2010 relating to the fight against tobacco abuse and smoking, it is strictly prohibited to smoking on board SAS Apetahi Express ships (including on exterior decks). This ban also applies to electronic cigarettes. The Customer is responsible for all direct and indirect damage caused by his behavior. In particular, if, as a result of the Client’s behavior, the Captain stops and/or diverts the vessel in order to disembark, the Client must pay all costs linked to the stopping and/or diversion of the ship. SAS Apetahi Express reserves the right to pursue the Client for any breaches committed on board the ship. SAS Apetahi Express also reserves the right to report the incident occurring on board to the competent authorities, so that they can take legal action against it in relation to any offenses of which the Customer may be the author. In accordance with the law mentioned above, smoking in a place for collective use is punishable by the fine provided for 3rd class infractions. It is also forbidden to jump into the water.
11- BOARDING
The boarding Passenger waives any boarding priority if he or she arrives for boarding after the deadline (i.e. 10 minutes for Passengers), it being further specified that in this case a place on board is no longer guaranteed. Consequently, it waives any action against the Carrier on this count. When boarding, Passengers must present, as provided for in Article 4, their Transport Ticket as well as, in cases where it is a Special Rate Ticket, the supporting documents referred to in Article 4.1. Failing this, the Passenger’s boarding may be refused, unless the Passenger has purchased a new valid Transport Ticket.
12- PEOPLE WITH DISABILITIES
For Passengers whose mobility is reduced when using a means of transport, due to any physical disability (sensory or motor, permanent or temporary), or any intellectual disability or deficiency, or any other cause of disability, or even their age, and whose situation requires appropriate attention and adaptation to their particular needs of the service made available to all passengers (hereinafter referred to as “Person(s) with reduced mobility” ), it is their responsibility to notify the Carrier, when reserving or purchasing the Ticket, of their particular needs with regard to seating, the services required, the need to carry medical equipment or to travel alongside of the assistance dog of the person with reduced mobility. The latter may also indicate to the Carrier if it wishes to benefit from assistance to enable it to travel on board SAS Apetahi Express ships. To benefit from this assistance, the Person with disabilities must:
– Notify the Carrier no later than 48 hours before departure of your request for assistance, specifying your particular needs. This assistance is free, it being specified, however, that it is the responsibility of the person concerned to contact their health insurance to obtain reimbursement of transport costs (including those of their possible companion),
– Present yourself at the port of embarkation or at a place provided for the reception of people with reduced mobility either at a time set by the Carrier, or if no time has been set, at least 60 minutes before departure time announced. To ensure the care of a person with reduced mobility, wheelchairs will be available.
The customer will be supported according to the terms defined in advance between the user and customer service. From the meeting point at a specific time, the customer will be escorted by a station agent until boarding the ship. The luggage will be taken care of with the person. Safety measures specific to people with reduced mobility: If the particular needs of the Person with reduced mobility of which the Carrier is aware justify it, the latter may also request that the Person with reduced mobility be accompanied by another person capable of providing the assistance required during the crossing. Notwithstanding the previous stipulations, the Carrier has the right to refuse a reservation, issue a Ticket or board a Person with reduced mobility if:
– Compliance with security requirements justifies it,
– The infrastructure/equipment of the port or ship makes embarkation, disembarkation or transport of the Person with reduced mobility impossible (it being, however, specified that SAS Apetahi Express vessels are designed according to the Division’s standards 190 of French maritime regulations),
– The assistance service for people with reduced mobility has already been booked on the trip concerned and SAS Apetahi Express is not able to provide an additional assistance service under good conditions. In these cases, the Carrier reimburses the price of the Ticket purchased by the Person with reduced mobility.
13- PREGNANT PASSENGERS
Pregnant passangers who have exceeded the sixth month of pregnancy must have a medical certificate authorizing them to travel, to be presented when requested by on-board staff. In the event of a complicated pregnancy, the pregnant passenger must have a medical certificate authorizing travel, regardless of the month of pregnancy. The Captain has, among other things, full authority to refuse boarding. Consent to boarding on the part of SAS Apetahi Express cannot be considered as a waiver of its right to subsequently assert its reservations on the state of the Customer known or not known to SAS Apetahi Express at the time of boarding. boarding and/or upon departure from the ship. The passenger will not have the right to evade liability in the event of damage caused to her own person, to the vessel, to property and equipment, to third parties or to the property of third parties.
14- CHILDREN
Children under 14 travel under the supervision and responsibility of their parents or another adult responsible for them. However, at the request of parents or legal guardians, minors aged 12 to 13 may travel alone, the purchase of their ticket is subject to the signature of the “Travel authorization for an unaccompanied minor” form by parents or legal guardians, at the time of booking or payment. The form is available at the Carrier’s agencies. Consequently, SAS Apetahi Express will not be liable for losses, damages of any nature or costs resulting from the refusal of boarding of a child under 14 years old traveling alone. SAS Apetahi Express does not under any circumstances provide transport for unaccompanied children under 12 years of age. Furthermore, for minor Passengers (under 14 years of age), SAS Apetahi Express may refuse to sell them Tickets via the website or ticket booths, if said Passengers do not have written authorization from the persons having parental authority.
15- PETS
Animals travel under the full responsibility of their owner who must take all measures to avoid any incident. All dogs must be on a leash. Under no circumstances are they permitted in lounges and dining areas. First grade dogs are prohibited from boarding SAS Apetahi Express ships. 2nd category dogs are tolerated but must be muzzled and kept on a leash. SAS Apetahi Express, through its staff, in particular the captain of the ship, may refuse access on board a ship to an animal which could present risks to Passengers. No refund or exchange of Tickets will be possible. Any admission on board of an animal in no way relieves the liability of the Passenger in charge of the animal in the event of aggression or damage of any kind caused by this animal. Guide or assistance dogs accompanying persons holding a disability card are authorized in the lounges and catering areas on board SAS Apetahi Express ships.
16- DAMAGE
Any damage caused to the ship, facilities, other Passengers or third parties by a Passenger or by objects, people or animals in their care will be the sole and entire responsibility of the Passenger. He must repair all damage thus caused, and any other damages that could be claimed by the Carrier or third parties concerned.
17- DAMAGE TO PROPERTY AND PERSONS
17.1- Damage to people Compensation is due by the carrier, with regard to claims resulting from bodily injury to passengers within the limits set by French laws and decrees governing maritime transport. The Carrier cannot be held responsible for bodily injury suffered by Passengers if this results exclusively and directly from the fault, imprudence or negligence of the Passenger or from a case of force majeure. During the crossing, Passengers must adopt appropriate, prudent behavior that complies with safety rules during the crossing.
17.2- Damage to property The Carrier is not responsible for the theft, disappearance or other damage that may occur to valuable objects (including smartphones, tablets, computers, etc.) and luggage of the Passengers transported unless it is demonstrated that this damage is the direct consequence of negligence, imprudence or fault on his part.
18- LUGGAGE
Each Passenger can carry their small personal baggage free of charge and within the limit of 23 kg per person without there being any equalization between passengers. The sum of the three dimensions (length, width, height) of each baggage must not exceed 200 cm. Excess baggage and bulky baggage are taxed at the unaccompanied parcel rate. Baggage refers to any item carried with the exception of live animals or bulky or bulky goods.
Baggage must be labeled and identified with the name and address of its owner. SAS Apetahi Express will not be held responsible for losses, damages of any kind, or costs resulting from non-compliance with this rule by the Passenger. SAS Apetahi Express has the right to refuse baggage which is not correctly prepared, labeled or which is visibly damaged. The Passenger is responsible for storing on board or removing the baggage they have brought (limited to 1 hand baggage per person not exceeding 15 kg and the volume does not exceed 100 cm + 1 accessory bag per person not exceeding 5 kg and the volume does not exceed 70 cm), he must also ensure that his luggage does not obstruct emergency routes or access to security crews and that the positioning of the luggage does not create a risk.
Luggage and personal effects remain in the custody and surveillance of Passengers during the crossing. SAS Apetahi Express therefore declines all liability in the event of theft, disappearance, loss or damage of luggage or personal effects, except in the cases referred to in article 17.2. Likewise, SAS Apetahi Express is not responsible for loss, damage of any kind or costs related to baggage or other personal property (other than baggage entrusted to SAS Apetahi Express and unclaimed) left on its premises or on ships.
Any unidentified package or baggage will be considered a suspicious package and may be destroyed by the police authorities.
The carriage of dangerous goods on passenger ships is strictly prohibited. This includes the transport of hydrocarbons, gas, or any flammable or explosive material listed in the Maritime Dangerous Goods Code (IMDG) published by the International Maritime Organization (IMO), specified in national laws or regulations. regulations specific to SAS Apetahi Express. Thus, baggage must not contain flammable, explosive, corrosive materials, loaded or unloaded firearms and any other which could cause risks for passengers, SAS Apetahi Express staff and third parties.
Any Passenger who has embarked dangerous and prohibited products without the knowledge of SAS Apetahi Express may be subject to prosecution without prejudice to any other damages or penalties provided for by the applicable texts. The Special Conditions for the transport of goods specify the restrictive conditions for the transport of dangerous products.
Consequently, baggage must not contain flammable, explosive, corrosive materials, loaded or unloaded firearms and any other which could cause risks for Passengers, SAS Apetahi Express staff and third parties. In the event of loss or forgetting of an object on board, the Passenger must go to the ferry terminal to report the loss or forgetfulness or call the Customer Service number or write to the following email address [email protected].
19- PROCESSING OF PERSONAL DATA
The Carrier undertakes to respect its legal and regulatory obligations regarding the protection of Passengers’ personal data, and in particular its obligations under Law No. 78-17 of January 6, 1978 relating to information technology, files and various provisions concerning the protection of personal data (Order No. 2018-1125 of December 12, 2018 – JOPF of December 21, 2018 and Decree No. 2019-536 of May 29, 2019 – JOPF of June 11, 2019) (“the Regulation “). The Carrier may collect or process personal data relating to Passengers, such as identification data (surname, first name, date of birth, language), contact details (email, telephone), data relating to means of payment, for the purposes of the execution of the contract, its administrative and accounting management, ensuring the safety of goods and people, measuring the satisfaction of users of its services and the quality of service, the creation and management of user accounts, registration reservations and trips made, the management and sale of transport tickets and subscriptions, as well as for the defense of its interests or meeting its legal obligations.
Data relating to Passengers may also be used for the purposes of promotional solicitations or information on the products and services of the Carrier or companies in the group to which it belongs. The Carrier guarantees that each Passenger can object to these requests at any time. For the processing operations referred to above, the Carrier acts as data controller within the meaning of the Regulations. The data collected will only be kept for the period strictly necessary to achieve the purposes for which they were collected. Generally speaking, the data collected relating to Passengers may be kept for up to five years from the end of the calendar year during which a commercial transaction was concluded. Personal data is hosted mainly in the territory of the European Union. In the event of transfer outside the European Union, the Carrier only uses service providers offering sufficient guarantees to ensure the confidentiality and security of the data. Relations with these partners are, where applicable, governed by standard contractual clauses published by the European Commission. When accessing or using certain services by Passengers, the Carrier may provide additional or specific information relating to the data processing implemented for these services, and obtain specific consents from the Passengers.
To obtain any additional clarification on the data processing implemented by the Carrier or for the exercise of the rights recognized to them by the Regulations (right of access, rectification, erasure and opposition, right to limitation of processing, right to data portability, right not to be subject to an automated individual decision (including profiling), Passengers can contact by email: [email protected] or by post postal to: “Data Protection Service” of the Carrier BP 9031 – 98716 Pirae..
20- RESCUE TO OTHER VESSELS
The captain is authorized to tow, to assist ships in all situations, to divert, to carry out any rescue or transshipment, Passengers therefore waiving any claim.
21- SUBCONTRACTING
The Carrier is authorized to subcontract its services. The Carrier is responsible for the proper execution of services by its subcontractors.
22- COMPLAINTS
Any complaints of any nature whatsoever must be notified immediately to the Captain who will draw up a damage report. For any damage occurring to his person, the Customer must report to the Captain, at the latest upon arrival of the ship, the same day and send reservations to the Company by registered letter with acknowledgment of receipt, at the latest 48 hours after the disembarkation date. The Captain will also draw up a damage report for this purpose. Failing to comply with this obligation, the Client will be presumed to have disembarked without bodily injury. Claims not accompanied by the damage report will neither be accepted nor examined by SAS Apetahi Express.
Claims must be made no later than three days from the date of disembarkation (except for personal injury). The method of calculating the limitation period will be determined by the law of the court examining the case. Except for limitation periods more favorable to SAS Apetahi Express, whatever the action against the Carrier, whether contractual or extra-contractual, for death or personal injury; loss or damage to baggage or vehicle or reimbursement of damage for any reason whatsoever, this will be considered unacceptable as long as no summons has been notified by the competent Judge within the year following the disembarkation of the Customer.
Under no circumstances is SAS Apetahi Express responsible for any acts or facts occurring off the ship. Any complaint must be made in writing to the Management of SAS Apetahi Express by email to: [email protected] or by post: BP 9031 – 98716 Pirae.
23- EXTENT OF LIMITATIONS OF LIABILITY
All limitations, exemptions and stipulations of this contract concerning the liability of SAS Apetahi Express will also apply, where applicable, to the liability of its agents, its ships, its employees and other representatives, and also to the liability, in the event it is incurred, the owners, agents, employees and other representatives of any vessel substituted. Liability actions will be prescribed within the time limits provided for by applicable law.
24- JURIDCTIION AND APPLICABLE LAW
The illegality or invalidity of any clause, paragraph or stipulation of the General Conditions of Carriage will not affect or invalidate any other paragraph or stipulation of the said conditions. Any dispute relating to the application of these general conditions of transport will be within the jurisdiction of the Courts of Papeete, even in the event of a warranty claim or multiple defendants or connections. The contract is concluded in French and only French law is applicable.