Online sales terms and conditions

Interpretation and Applicability

These terms and conditions (hereinafter "the contract") pertain to all online sales on www.lanavette.nc as well as all transport titles sold by Arc en Ciel Service SARL (hereinafter "the carrier"). This contract sets out the carrier's modality and services; it is found online on www.lanavette.nc (hereinafter “the website”) or by request to the carrier.

Arc en Ciel Service SARL is a company registered under number 98 B 531 632 at the Noumea RCS. Its registered headquarters is located at 59 avenue Foch BP1244 98845 Noumea New Caledonia.

Services offered by the carrier are reserved to private individuals as well as corporate entities, for their employee or representative (hereinafter "the client"). The carrier does not accept reservations made by/for unaccompanied minors.

The carrier reserves the right to modify the terms of the contract at any time. The applicable provision will be the ones in force on the day of the booking's confirmation.

The client must read and understand this contract prior to submitting their booking.

All service provided by the carrier entails the complete and irrevocable acceptance of this contract by the client. Except where the carrier expressly accepts different conditions. Excluding all other documents, such as flyers and catalogues, issued by the carrier, its partners and its service providers that are only illustrative. 

The client declares having read, understood, and accepted this contract prior to their booking.

SECTION 1 - Booking modality

All bookings must exclusively be carried out online via the website

During the booking process, the client will convey the following information to the carrier via the website

Type of transfer (shared shuttle, private shuttle, premium car)

Passenger information (last name, first name, address, telephone, email)

Number of passenger adults, children, and infants

Date, time, pick up and drop off locations

Number of luggage 

Free options (baby seat, booster seat)

Paid options:

• Type and amount of oversized luggage (shared shuttle only)

• Fresh flower garland (all types of transfers)

Bookings made less than twelve (12) hours prior to the time of pick up are subject to availabilities. The confirmation will be sent via email. If the time frame is too short to receive a written confirmation, the client will receive a verbal booking number. Bookings secured by phone call; the carrier will communicate all information pertinent to the booking.

Online booking is only confirmed if payment is received.

All online bookings require the creation of an account on the website. A unique login or email address and a password is necessary. This personal data will allow the client to identify themselves for their booking and their following visits.

It is however possible to make a booking as a guest without creating an account online.

The invoice will be sent via email to the client on request.

SECTION 2 - Booking changes

A client has the possibility to change their tittle of transport up to, the pickup time for shared shuttles and before 23:59 the day before for a private shuttle and premium car. To do so, the client must call ahead at +687 27 19 80 or email reservation@arcenciel.nc so that new arrangements  can be made, subject to availabilities.

The carrier reserves the right to change pick up time at any point without being held liable. 

If the alternative arrangements, proposed by the carrier, are refused by the client, they will the opportunity to choose between maintaining their initial booking or cancel their booking, subject to the cancel policy set out in 4.

SECTION 3 - Cancelations and reimbursement 

Cancelations can be made by email, phone or online using the booking reference.

Reimbursement conditions:

1. Up to twelve (12) hours prior to the transfer: XPF500 cancelation fee

2. Less than twelve (12) hours prior to the transfer: reimbursement not possible.

Reimbursement will be credited to the credit card used for your booking online.

In case a passenger is a no-show, the carrier will not reimburse their transfer. Additionally, if the client gave wrong information that created an inability for the carrier to transport these clients, no reimbursement will be made.

All reimbursement request must be done by email or letters, within two weeks of date of the transfer. Should the delay be passed, no reimbursement will be possible.

SECTION 4 - Transport execution

Bookings

Clients are required to abide by the departure and arrival procedures (pick up time and point), as communicated by the carrier in the booking confirmation. Should the client not abide by the procedure set and prevent the pickup as mentioned in the confirmation, the transfer would be billable.

In a shared shuttle, the carrier reserves the right to modify the pickup as to establish a coherent itinerary to reduce the clients transport time. The client must be ready at the pickup time and point as set out in their confirmation.

Pickup time

The pickup time mention on our website is for information purposes only. The actual pickup time will be communicated by the carrier, by email or phone call. This time is subject to availabilities and possible flight time changes.

The carrier's stand at the Noumea international Airport La Tontouta, is open, at least, ten (10) minutes prior to all international arrivals.

The carrier must be present at all international arrivals in case, go show present themselves. These arrivals may influence waiting times of shared shuttle clients.

The carrier will adapt without delays to all flight modification.

Frequency, times, and travel times are for information purposes only and can be changed without notification.

Vehicle availabilities

 The carrier has a best effort undertaking when it comes to a booking. The carrier cannot guarantee the availability of a vehicle and cannot be held liable should he not be able to proceed with the booking because the carrier could not find a vehicle corresponding to the client's demand.

As part of the execution of the transport service, the Carrier may, if necessary, modify the initially planned itinerary and use the break of load (change of vehicle during the journey) in order to honor its obligation to drop off the Customer at the address indicated. These adjustments may be made to ensure the smooth running of the journey in optimal conditions, depending on the circumstances encountered during the journey.

In this type of situation, no compensation may be claimed by the Customer, provided that the Carrier has implemented all reasonable means to ensure the proper performance of the service.

Should the carrier cancel less than one (1) hour prior to the pickup time and not be able to find an alternative. The carrier will reimburse the difference between the cost of the alternative and the initial cost of the chosen transfer. The client must provide the carrier with the original invoice.

SECTION 5 - Events and incidents during the transport

If during the transport, an event or incident should occur and render impossible the continuation of the transport, in part or in its entirety, the carrier takes all measures necessary to ensure the safety of the passengers.

The carrier cannot be held liable for all delays caused by a force majeure (such as but only, strikes, demonstrations, weather phenomenon, unusual heavy traffic, serious crashes) or by the client's acts. These events cannot give cause to any compensation.

Vehicle breakdown

 The carrier will take all necessary measures (alternative transport, taxi, vehicle exchange, dispatch a mechanic, warn the airline of a delay etc.) in case a vehicle should breakdown during a transport so that passengers can be transported on the conditions defined in this contract without having to pay extra fees.

If the carrier is at fault of an event or incident, the client may request, if the prejudice is proved, to be compensated. The compensation may not exceed the price of the transport.

If the client is at fault of an event or incident, they will bear the financial burden up to the price of the transport.

If the event or incident is due to force majeure as defined in 15. Force Majeure

• Additional costs associated with the transport will be bore by the carrier
• All other additional costs are the responsibility of the client
• The client will not be compensated for additional delays.

SECTION 6 - Vehicle characteristic

The carrier can at any time use an alternative vehicle that may not bear the company logo.

The carrier will ensure that each vehicle used for the client are:

• Suitable for the distance to be covered,
• Suitable with the luggage load,
• In good working order and obeying to all local road rules that apply to commercial driving.

SECTION 7 - Safety onboard

The maximum number of passengers being transported cannot exceed the one written on the official vehicle documents ("Carte violette" or "Carte d'aménagement").

The carrier is responsible for the safety of the transport, including the embarking and disembarking of passengers in and out of the vehicle.

The driver will take all necessary safety measures and will give passengers instructions that have to be followed.

The carrier and its drivers will choose the stops at their discretion to comply with safety procedures

The clients are responsible for their own safety. During the transport, and until the vehicle completely stops, the client must be seated with their seatbelt fasten.

• The client will bear the financial burden should the vehicle be stopped by law enforcement and their seatbelt were not fastened.
• The carrier waives all responsibility should the client refuse to wear their seatbelt

It is forbidden to unfasten your seatbelt, and, or get up during the transport

It is forbidden to talk or distract the driver during the transport.

It is forbidden to smoke, drink alcohol, to carry and, or eat food, drink to disturb passengers and the drivers during the transport.

It is forbidden to damage the vehicle and its equipment, transport illegal and or dangerous material.

The driver may at any refuse entry or disembark a passenger that 

1. Would pose a threat to the carrier, other passengers or any third party.
2. Act in a manner that break laws and regulations.

Should the passenger not continue their transport due to events evoked in clause 8.10 and its subsequent, the client forfeit their cost and neither the passenger nor the client may receive compensation.

It is advised to limit the use of cellphones and or all other devices (radios, MP3 players, laptops etc.) that may disturb other passengers. It is recommended to use earphones.

On their transport tittle, passengers are informed that passengers are liable for the damages against the vehicle and other passengers as written on the carrier's insurance policy.

According to regulations, baby seats and booster seats are not mandatory onboard vehicles with more than nine (9) seats. Therefore, the carrier is not bound to provide one.

Baby seats and booster seats can be requested during the online booking process and automatically brought in a vehicle with less than nine (9) seats. The responsibility of the proper installation of the car seat is to client and or passenger. The carrier cannot be held liable for the installation of the car seat.

SECTION 8 - Luggage

The maximum dimension authorized for luggage are 158cm (height + width + length) as per airline regulations.

The client must advise the carrier during the booking process of all and any oversize luggage. Oversize luggage is billed XPF 1,100. Should the client not notify the carrier, the pickup will be refused, and the booking will be deemed canceled by the client.

For a Premium vehicle, the maximum number of bags is 5 in total.

For private shuttle, the maximum number of bags is 15 in total.

Shared shuttle passengers do not have a maximum number of bags; however, we ask the client to give a rough estimate.

For safety reasons, all luggage must be labeled by their owner and placed in the luggage hold of the vehicle. The client assumes the entire responsibility for the content of their luggage. The client is strongly advised not to leave valuable in their luggage traveling in the hold. The carrier cannot be held responsible for the loss, theft, and any damages of valuable objects left in the hold during loading, unloading, and transport.

Moreover, the carrier waives all liabilities for the loss or damages of luggage left near the vehicle.

Should a piece of luggage be lost or broken in the hold:

The maximum compensation will be up to ninety-six thousand pacific francs (XPF 96,000) per luggage unit. The compensation will only be awarded if the carrier is found at fault for the loss or damage. To pretend to the compensation, the client must provide the carrier with: the original luggage invoice or a quote for the replacement, a detailed inventory of all the content of the luggage, and a copy of the statement of loss or theft made to law enforcement. The compensation will not be awarded to the client if the loss or damages resulting from willful misconduct or gross negligence of the client.

The carrier or its employees reserve the right to refuse oversized or overweight luggage items and luggage that may pose a safety risk.

A piece of hand luggage kept by the client stays under their responsibility.

At the end of the transfer, it is the client's responsibility to check for forgotten items on board the vehicle. The carrier waives all liabilities for the theft or damages to lost items.

Luggage exchange:

Should a client take a piece of luggage that does not belong to them, that luggage falls under their responsibility. All fees generated by this error will be charged to the client responsible for the error.

The client must, immediately upon collection of their luggage, inform the carrier accordingly. Unless the carrier explicitly accepts the fault or if the luggage is lost, the client must submit a written letter of protest by registered mail or by an extrajudicial process within three business days after the luggage is returned or after the transfer, whichever is the latest.

All correspondence should be addressed to: 

ARC EN CIEL SERVICE
59 Avenue du Maréchal Foch
BP 1244 98845 NOUMEA

SECTION 9 - Reference text

These terms and conditions are accepted under the clauses, terms and conditions listed below, that the carrier will execute, accomplish, and observe, independently of the law, rules and regulations, that would not be changed by these.

The carrier must respect:

• Rules, regulations, and policies on the safety of equipment, installations, and people.
• Laws and regulations setting the operating conditions of the transportation business

The carrier agrees to use equipment approved by « Services des transports de la Direction des Infrastructures, de la Topographie et des transports Territoriaux ».

Passenger transport will take place under the condition mentioned above in accordance with traffic laws and, with public transport regulations.

SECTION 10 - Financial modality

Price

Prices set in the fee structure on the website are exclusive to online sales and are non-negotiable.

The currency used on the website is the Pacific Franc. All prices are tax included.

Price adjustment

The price may change at any time. The price at the time of the booking’s email confirmation is guaranteed to the client by the carrier. 

Payment method

Payment must be made online, by credit card (Visa, Mastercard) using a secured remote payment platform.

Transaction security is guaranteed by the company PAYBOX / POINT TRANSACTION SYSTEMS, a daughter company of Groupe VeriFone, SAS capital of €52,400.00, whose headquarters are located 11A, rue Jacques Cartier 78280 GUYANCOURT – Ph. + 33 (0) 1 61 37 05 70 – Fax. + 33 (0) 1 61 38 6 56, registered under B 431 408 608 at the Versailles RCS. Paybox can practice in France under the freedom of establishment as an electronic money institution.

By accepting these terms and conditions, the client also accepts Paybox SAS’s terms and condition found hereafter: https://www1.paybox.com/our-products-and-services/general-terms-and-conditions/?lang=en 

Card payment is irrevocable. In case of fraudulent use of a credit card, the client can ask their bank and the carrier to cancel the charge, the amount would then be credited back.

The carrier retains full ownership of the service until the full payment has been made, fees and taxes included.

SECTION 11 - Website liabilities

The carrier waives all responsibilities if the information on the website are not correct, exact nor updated. The content of the website is given for information purpose only, especially pictures and illustrations. The carrier reserves the right to change, suspend or stop the services or information available on the website at any time without warning.

The carrier waives all liabilities for damages resulting from the use of the internet (such as but notwithstanding, loss of data, intrusion, viruses, attacks etc.). the carrier may suspend or stop access to the website to carry out maintenance or for technical reasons, without compensation or warning.  

The client waives their rights to a court and/ or out of court appeal against the carrier regarding these waivers of liabilities which they accept without reserve.

SECTION 12 - Personal data

The carrier will protect the confidentiality of personal data given by the client during their booking and while visiting the website. All the necessary information can be found in the carrier’s confidentiality policy.

SECTION 13 - Intellectual property

All the element of the website, including, videos, text, logos, commentary, and pictures are and remain the exclusive intellectual property of the carrier. Third parties are forbidden to replicate, exploit or use for any reason, even partially, the content of the website. The carrier reserves the right to pursue legal action against all offenders.

SECTION 14 - Insurance

The carrier will subscribe to an insurance policy, at their expense, with a reputable and solvent insurance company. The carrier will maintain this policy during the entirety of this agreement. The insurance policy shall cover all risks and liability of the carrier.

SECTION 15 - Force Majeure

Force majeure is defined as an event that is not under the control of any of the two parties and does not result from the fault, incompetence, negligence of the parties and the people under their control. A Force majeure event is not preventable or avoidable with due diligence and would renders the execution of this agreement or part of it, impossible, illegal, or dangerous.

Force majeure events are the ones usually retains by the courts and tribunals of New Caledonia.

A vehicle breakdown, no matter how severe, does not qualify as force majeure. Weather event that render roads impracticable are considered force majeure.

SECTION 16 - Dispute resolution

All disputes concerning the interpretation and execution of the sales term and conditions are subject to the French law.

Should an out of court solution not be found, the dispute will be carried to the competent Noumea court of law by the injured party.