1. Who are we?

We are Tahiti Expert DMC, a limited liability company registered with INSEE under number 924 367 790, listed in the Papeete – Tahiti Trade and Companies Registry under number E86288 and in the Commercial Register under number TPI 22 309B. Our head office is at 3rd floor, Immeuble BAMBRIDGE – Apartment 4 – 98713 PAPEETE, BP: 41 358-98713, Tahiti (“We” or the “Travel Agency”).

The Travel Agency is registered as an operator of travel and holidays under reference no. 389 PR dated 05_05_2022.

We hold:

  • a financial guarantee contract, underwritten with Banque de Tahiti, headquartered at 38 rue François Cardella, 98713 Papeete; and
  • a professional liability insurance policy No. HSXPM310027251, underwritten with Helvetia Assurances S.A., Nouméa branch, whose headquarters are located at 15 route du Port Despointes, 98801 Nouméa. This insurance covers damages you may suffer due to mistakes, errors, omissions, or negligence in the provision, organization, and sale of the travel services we offer you. This insurance offers limitations, exclusions, deductibles, and obligations in case of claims. We strongly recommend that you review this insurance here before making any order.

We can be contacted at:

  • by email: infos@tahitiexpertdmc.com
  • by phone: +689 87 79 21 71

DEFINITIONS

Tahiti Expert DMC: travel agency also called “the retailer,” seller of services also referred to as the Travel Agency


Client: person concluding the travel contract and who may also benefit from the travel services as a participating traveler

Traveler: person concluding the contract or entitled to travel under this contract

Website: www.tahitiexpertdmc.com

Order/booking: any definitive purchase of a Service by the Client via the Website, by email, or in the agency

Service: service described on the website and provided to the Client, such as package holiday, accommodation, air tickets, etc.

Provider: any supplier of the Services provided by Tahiti Expert DMC such as airlines, hotels, carriers, etc.

Description: product information sheet detailing the characteristics of each product at the date of the Order, corresponding to the mandatory pre-contractual information to be provided to the Client under Article R.211-4 of the Tourism Code

Package Tour: a service combining at least two different types of travel services among transportation, accommodation, vehicle rental, or other tourist services, for more than 24 hours or including an overnight stay.

2.     What do we offer?

We offer our clients (“You” or the “Travelers”) the design and sale of package tours in Tahiti (“Package Tours”) available on our website: www.tahitiexpertdmc.com (the “Site”) or following direct requests by email.

Following your inquiry, we will draw up a quote (“the Quote”), based on your needs, stating the specific conditions for the selected Package Tour and the Description associated with it.

Accordingly, you benefit from the rights set out in the General Terms and Conditions.

3.     What documents govern our contractual relationship?

Our contractual relationship is governed, in descending hierarchical order, by the following documents (together, the “Contract”):

The Quote:

  • 
You must accept it in writing (including by email or WhatsApp) within 15 days from its issuance by us. You must pay the price shown in the Quote as specified within 3 days of accepting it. Acceptance followed by payment of the Package Tour price constitutes acceptance of the General Terms and Conditions in force at the time of the Quote;
  • In case of contradiction, the Quote takes precedence over the General Terms and Conditions;
  • In case of contradiction, the most recent Quote supersedes any previous ones.
  • Any request for assistance or special needs must be formally addressed and will be invoiced.

General Terms and Conditions (the “General Conditions”)
They apply to all sales by us, whatever the means of communication, and set out:

  • The terms and conditions of sale for Package Tours;
  • Your obligations and ours.

They are also available on our Site.

The Traveler acknowledges having been provided with, prior to signing the Quote, in a readable and understandable manner, the Quote, these General and Special Terms and Conditions of sale as well as all information listed in Article L.221-5 of the Consumer Code and Article R.211-4 of the Tourism Code.

4.     What are the conditions for ordering a Package Tour?

You must be an individual with full legal capacity and at least 18 years of age. Anyone under 18 must be accompanied by a legal representative.

The Traveler may purchase a Package Tour for themselves or for and on behalf of a group of which they are legally responsible (“Participants”).

5.     How to place an order for a Package Tour?

You may place an order by writing to us directly via email or by selecting one of the offers available on our Website (“the Order”). The information then provided by email will allow us to draw up a Quote containing all the information required under Articles L. 211-8 and R.211-4 of the Tourism Code.

This must be validated by you under the conditions set out in “What documents govern our contractual relationship?”

6.     What are our financial conditions?

6.1. What are the Package Tour prices?

The Package Tour price is specified in the Quote, depending on the number of Participants, stated in Pacific Francs XPF, all taxes included.

Unless otherwise stated in the Quote, the price excludes:

  • Personal expenses, laundry and room service
  • Tips and gratuities
  • Specific insurances
  • 
Shipping costs for travel documents
  • 
On-site purchases (excursions, visits, sports) not bought through the agency
  • Excess baggage fees
  • Telephone expenses
  • Administrative and health paperwork and costs unless otherwise stated in the Contract
  • 
Special supplements such as New Year’s Eve or other holiday/special occasions
  • Additional fees unknown at the time of booking such as local taxes, tourist taxes, visa or tourism card fees, most often payable locally by the Client.

In accordance with “What documents govern our contractual relationship?”, the Quote and the prices therein remain valid for 15 days from our sending of the Quote.

If acceptance and/or payment are not received within this time, there is no contractual relationship between the Travel Agency and the Traveler; as such, the Travel Agency may offer the Client a new Quote with updated prices and terms.

In accordance with Article L.211-12 of the Tourism Code, and subject to the « Tour Package Cancellation » sections, the Travel Agency reserves the right to change the Package Tour price between booking and up to 60 days before departure, if such increase is a direct result of changes to:

  • 
The cost of passenger transport due to the price of fuel or other energy sources;
  • Tax or duty levels on travel services included in the general conditions imposed by a third party (tourist taxes, landing fees, etc.);
  • Exchange rates relating to the General Conditions.

Further, if due to a material error the price quoted or communicated by any means is manifestly negligible, or abusively low per usual legal analysis, compared to the objective value of the Service, the Travel Agency may cancel the booking at no cost or penalty. The Client may then book again at the accurate price as per availability.

Any change in the Package Tour at the Client’s request (beyond what is stated in « Modification of the Package Tour ») may result in an amended price and an additional Quote.

Tahiti Expert DMC, under its brand Tahiti Regenerative Travel, does not include travel insurance in its prices and recommends you purchase insurance and/or assistance at the time of booking to cover, for example, certain cancellation costs and/or particular risks, especially repatriation due to accident or illness.

6.2. What are the billing and payment methods?

Payment methods are specified in the Quote and may be by bank transfer or secure remote credit card payment.

The Traveler guarantees the Travel Agency they have all required authorization for using the selected payment method at validation of the Contract. The Agency reserves the right to suspend any order management and any service provision in case of non-payment of any sum owed.

The Agency especially reserves the right to refuse to honor a booking from any Traveler who has not settled a previous reservation in full, in part, or who has an outstanding payment dispute.

Payments by the Traveler will only be deemed final after funds have been effectively received by the Travel Agency.

7.     Do you have a right of withdrawal?

In accordance with Article L.221-28 of the Consumer Code, you do not have a right of withdrawal as our services pertain to travel services.

8.     Do you benefit from a right of withdrawal?

In accordance with Article L.221-28 of the French Consumer Code, you do not benefit from a right of withdrawal insofar as our services concern travel arrangements.

9.     Information about Package Tours

9.1.     Accommodation

If several Participants are accommodated, the Traveler agrees to provide the Travel Agency with a nominative list of Participants (the « Rooming List ») for room allocation, no later than 30 calendar days prior to the scheduled date of arrival. Should this commitment not be fulfilled, the Travel Agency may prepare the Rooming List unilaterally, without the Traveler being able to make any claim thereafter.

The Traveler commits to vacate rooms as indicated by the host property or as stated in the itinerary if specific arrangements have been negotiated. Exceeding this timeframe may result in an additional night’s charge at the public rate, payable by the Traveler (for themselves and any accompanying Participants). Additionally, the Traveler undertakes to settle all “extras” consumed by Participants (notably, minibar, parking, laundry, and any other service provided by the host) directly on site before departure.

9.2.     Room Categories

Unless otherwise stated in the Quote, room categories are standard, without any specific view or enhanced comfort. Any request for a specific room or room category must be expressly made by the Traveler.

A double room may consist of either one double bed or two single beds. Unless the room configuration is specified, the distribution of rooms is at the discretion of the hotel.

When the Traveler occupies alone a room designed for two persons, a supplement called “single room supplement” will be charged, as specified in the price given in the Quote.

9.3.     Catering

Unless otherwise indicated, the Travel Agency itself selects the menus. If the Traveler wishes to make this selection, they must notify the Travel Agency by email at the time of contracting. In that case, the Traveler must confirm their menu choice no later than 20 calendar days before the start date of the Package Tour. Beyond this, the Travel Agency reserves the right to impose a selection in the category initially chosen by the Traveler. Any meal service not consumed as part of a package will not result in a price reduction, nor can such meal service be taken away by the Traveler.

For group stays, menu composition is identical for all Participants, unless otherwise indicated. Only specific dietary requirements or allergies will be considered at no additional cost, provided a medical certificate is received prior to the trip. Beyond this, for specific or individualized menus, the Travel Agency will charge a 10% supplement for dedicated service to the Participant.

9.4.     Photographs

Images on the Website or in the Quote are not contractual and are used purely for illustration purposes.

9.5.     Conduct of the Package Tour

The sequence of activities listed in the itinerary provided to the Traveler may be modified to ensure smooth operation of the trip, without prior notice.

9.6.     Administrative and Health Formalities

Travelers are responsible for undertaking all required administrative and health formalities necessary to participate in the Package Tour and for covering associated costs. Any Traveler unable to participate in the trip for administrative or health reasons must cancel according to these terms. The Travel Agency shall not be held liable in this regard.

The Traveler may consult these requirements and obligations by regularly referring to:

  • the destination and transit country fact sheets published by the Ministry of Europe and Foreign Affairs at www.diplomatie.gouv.fr, section “Travel Advice / Advice by country/destination”.
  • information provided by relevant authorities on health risks for your Package Tour countries, and comply with official recommendations and health measures, available in particular at http://solidarites-sante.gouv.fr/ (French Ministry of Health) and www.who.int/fr (World Health Organization).

The Traveler acknowledges and accepts that these requirements may change between the signing of the Quote and their departure date. Consequently, the Travel Agency recommends checking these updates regularly for both the destination countries and those visited during stopovers or transits.

9.7.     Accessibility

It is the Traveler’s responsibility, at the time of signing the Quote, to communicate to the Travel Agency any restrictions or particularities concerning a Participant with reduced mobility, so that suitable services can be offered where available.

The Travel Agency shall not be held liable if the Traveler fails to communicate such information at the time of signing the Quote and the requested services are not suitable or accessible.

9.8.     Pregnant Travelers

The Traveler commits to informing the Travel Agency if any Participant is pregnant or becomes pregnant after signing the Quote.

The Traveler acknowledges that certain airlines may require documentation such as a medical certificate attesting to good health and no contraindication to travel. The Traveler must consult the airline to provide all documents considered necessary by the carrier.

The Traveler further acknowledges and accepts that certain airlines may refuse boarding to pregnant women. The Travel Agency cannot be held responsible for such decisions and no reimbursement of the Package Tour can be sought from the Travel Agency.

10.     What are your obligations and responsibilities?

10.1.     Preparing the Trip

Regarding information you provide: You agree to give us all the information required to fulfil the General Terms and notably the information specified herein and in the Quote. You acknowledge that this information proves your identity and that of other Participants and is binding upon validation. You guarantee its accuracy and undertake to keep it updated. You also agree to promptly inform us of any factor that may affect your trip (including but not limited to, health status, dietary requirements, reduced mobility, pregnancy).

Regarding your ID documents: You guarantee that you and all Participants have a valid and current passport (expiring more than 6 months after the Package Tour ends) for the travel dates, as well as all documents required to transit or enter the country/countries of the Package Tour.

10.2.     During the Trip

You agree to, and must ensure that Participants also:

  • 
Comply with necessary authorizations for activities (e.g., valid driving license), and follow local laws (especially regarding controlled substances).
  • Respect venues: do not disrupt the operations of establishments visited and comply at all times and places with the local regulations.
  • Follow instructions: all instructions and rules provided by us and our partners.
  • Show good conduct and respect for all premises.

We reserve the right to report, exclude, or take necessary measures in the event of proven violation of these obligations. The Participant will not be entitled to any refund or compensation—the situation will be deemed a culpable cancellation by you.

10.3.     Special obligations

Further, depending on the Services selected as part of the Package Tour, you agree, and guarantee that Participants agree to:

  • Boat hire: possess the required skills and experience to board and operate a boat (or a boat license, if applicable). You must inform us of any Participants unable to swim.
  • Vehicle hire: hold a valid driver’s license, follow the local traffic laws, and possess necessary insurance for operation. Any costs related to vehicle damage will be charged to you.

Some activities may have specific prerequisites, which will be communicated to Participants upon selection, and Participants must meet those requirements to take part.

11. Modification of the Package Tour

11.1.   Modification of the Package Tour by the Traveler

You may submit a request to modify your Package Tour, exclusively by email to infos@tahitiexpertdmc.com. Such modification is subject to our prior approval and the issuance of a new Quote specifying any modification fees. Administration fees may be charged, up to 15,000 XPF per file.

You acknowledge and accept that (i) no refund will be given in this regard and (ii) we cannot guarantee a Package Tour or rates matching the characteristics of the original Package Tour and initial Quote, particularly due to possible changes in partner availability and rates.

You also recognize that any service shortened, not consumed, or started late due to your actions will not give rise to any refund.

Our commitments to you cover only the services sold.

11.2.   Modification of the Package Tour by the Travel Agency

We reserve the right to modify the Package Tour provided that:

  • 
the modification is communicated to you on a durable medium; and
  • 
that it is minor and not considered decisive for your acceptance, for example, flight times.

In this case, we will inform you as soon as possible clearly, understandably, and visibly on any medium.

If we are required to make a change to one of the essential elements of the Package Tour, or if there is a price increase of more than 8% above the original price, we will notify you on a durable medium:

  • Of the proposed modifications and the impact on the Package Tour price;
  • Of the reasonable period in which you must let us know your decision to withdraw or not (if you do not reply within the specified period, you will be deemed to have accepted the changes);
  • And, if relevant, of any substitute service offered and its price.

For complex bookings (multiple airlines, combinations of hotels, tailor-made), several rules may apply to modification and cancellation fees: the most restrictive terms will apply by default.

If a material change to the Package Tour or substitute service results in lower quality provided by the Travel Agency, you are entitled to request:

  • a price reduction; or
  • termination of the Package Tour: in this case, all payments made will be refunded as soon as possible and in any case within 14 days of cancellation.

If, however, the reduction in quality results from your modification request, no refund will be due.

The Agency will not be liable if the Client contacts the provider (hotel, carrier, etc.) directly for a modification or cancellation without informing the Travel Agency.
Some products are non-cancellable and non-refundable.

12.  Cancellation of the Package Tour

12.1.   Cancellation by the Traveler

If you request cancellation in writing, you will be reimbursed as follows:

  • More than 90 days before departure: 70% of the amount paid;
  • Between 90 and 60 days before departure: 50% of the amount paid;
  • Less than 60 days before departure: no refund.

We will refund all sums received, less administration fees and any cancellation charges.

If the price increases by more than 8% of the total Package Tour price or in the event of exceptional and unavoidable circumstances at or near the destination substantially affecting the execution of the Package Tour, you may cancel your Package Tour free of charge, provided that you notify us in writing within 72 hours of being informed of the price change. Otherwise, the conditions above will apply.

You may also choose to purchase cancellation insurance at your own expense.

12.2.   Cancellation by the Travel Agency

We may cancel the Package Tour if:

  • The number of participants is below the minimum indicated in the Quote and we notify you within the following deadlines:
    • 80 days before the start of the Package Tour if it lasts more than 6 days,
    • 60 days before if it is between 2 and 6 days;
  • We are prevented from fulfilling the Package Tour due to force majeure or exceptional and unavoidable circumstances, for example, a significant health risk at the destination. We will inform you of cancellation as soon as possible.

Under these conditions, you may choose between (i) reimbursement of amounts already paid, or (ii) entering into a settlement agreement, such as acceptance of a substitute Package Tour.

13. Our Responsibility

We are responsible for the proper execution of the services included in the Package Tour and for direct damages you may suffer as a result.

However, our liability cannot be incurred and no refund will be granted:

  • if you fail to be present at the times and locations communicated by the Travel Agency in writing;
  • in case of failure to present the required administrative or health documents to authorities or carriers (including airlines), necessary to undertake the trip and/or enter/transit the destination country(ies);
  • if you choose of your own accord to interrupt the Package Tour or not use a service included;
  • for any services outside the Package Tour, especially those you purchased from local providers, paid and invoiced locally;
  • in case of loss or damage to your personal belongings (notably, valuables or fragile items);
  • in case of losses (i) caused by you, or (ii) by a third party unrelated to the provision of the Package Tour services, or (iii) by exceptional and unavoidable circumstances, particularly in case of cancellation for your safety or by order of an administration;
  • 
in case of bodily injury resulting from air transport, passenger delay, delayed/lost baggage, flight cancellation or overbooking, the flight being the sole responsibility of the airline carrier;
  • in the event of circumstances of force majeure (war, terrorism, riot, revolution, nuclear catastrophe, climatic/natural events such as cyclone, earthquake, tsunami, tornado, dust or sand storm, etc.).

In all circumstances, the maximum damages we may be ordered to pay shall be limited to three times the total net price of the services, except for bodily injury and damages caused intentionally or by gross negligence.

It may happen, due to seasonality, occupancy, or hotelier decisions, that equipment is insufficient at the accommodation or certain activities are suspended.

14. Can you transfer your Package Tour?

Pursuant to Article R.211-7 of the Tourism Code, you may transfer your Package Tour (excluding insurance and airline tickets) to a transferee: (i) by specifying the full names and addresses of the transferee(s) and participants, and (ii) subject to them meeting the same criteria as you for the Package Tour.

You must inform us of your decision in writing no later than 30 days prior to the start of the Package Tour.

If this transfer generates additional costs (notably, if external providers such as car renters charge fees), these will be charged to you, together with an administration fee of 15,000 XPF.

You remain jointly and severally liable with the transferee for payment of the balance of the price and any additional transfer costs.

15. Third-Party Travel Agency

The Package Tour may be sold by another travel agency that subcontracts execution to Tahiti Expert DMC.

The provisions herein apply equally to Travelers who have contracted with a third-party agency; in the event of complaint or damage, the Traveler must contact the agency with which they contracted.

16. How are personal data handled under these General Terms?

We maintain a data protection policy accessible here. We invite you to review it.

17. Intellectual Property

The Site is our property, as are the travel concepts, experiences, itineraries, databases, and all content (texts, images, visuals, music, logos, brands, etc.) that we use. They are protected by all applicable intellectual property and database producer rights.

18. Recordings

We may take photos or record the service, either directly or through a provider. You expressly consent to certain photographs or videos being used on our communication channels (including our social media).

Accordingly, you guarantee, before the stay and/or event, that all Participants likely to be photographed or filmed during the event or trip have fully consented. We will deliver to you a copy of the best photos and recordings. We reserve all intellectual property rights to the production and exploitation of the photos.

19. Complaints

For any complaints or claims concerning your Package Tour, you may contact our customer service at the contact details provided in the « Who are we? » section.

If you do not receive a satisfactory response, you may refer the matter to the Tourism and Travel Mediator; details on this process are available at: https://www.mtv.travel/.

If you reside in the European Union, you may also file a complaint online via the dispute resolution platform: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR.

20. Applicable Law and Jurisdiction

The General Terms and Conditions are governed by French law and shall be construed and interpreted accordingly.