Terms of sale

GENERAL TERMS AND CONDITIONS OF SALE OF SELAR CRUISES

Art. 1 – DEFINITIONS & APPLICABLE TEXTS

  • "Luggage" and "Cabin Luggage" have the meaning given by Regulation (EC) No 392/2009 of the European Parliament and Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of an accident.

  • "Cruise or Transport Ticket" refers interchangeably to any valid document entitling the holder to sea transport (cruise), in whatever form. This Transport Ticket includes the sea journey only, excluding flights and accommodations other than the sea voyage.

  • "Client" refers to any person purchasing one or more transport tickets, as well as services from SELAR.

  • "General Terms and Conditions of Sale or GTC" refers to these general terms and conditions of sale.

  • "Transport Contract" refers to the contract concluded by the Carrier or on its behalf for the sea transport of a Passenger and their Luggage. It consists of the specific conditions stated on the Ticket, the GTC, the General Conditions of Transport, and the Fare Conditions applicable to the considered destination.

  • "Fare Conditions" refers to the applicable fares for a given destination, as well as the conditions of sale, modification, and cancellation of the Ticket for that destination.

  • "Cabin(s)" refers to the place where the Passenger can sleep during the crossing.

  • "Passenger" refers to any person holding a valid Ticket in their name, and transported on a ship under a transport contract.

  • "Reservation" refers to the act by which the Passenger acquires one or more Tickets.

  • "Site" refers to SELAR's website at the address www.selar.cc.

  • "Fare" refers to the prices indicated in euros to be paid to the Carrier or its agents.

  • "Carrier" or "Company" refers to the company with the trade name SELAR. Polarsea, S.A.S with a capital of 193,880 euros - 42 avenue de la Perrière, 56100 Lorient - 817 980 501 R.C.S. Lorient.

The contractual relationships between the Carrier and the Passenger are governed by French Law and more specifically by the provisions of the French Transport Code, notably its Articles L. 5420-1 to L. 5421-12, and by the provisions (i) of the International London Convention of 19 November 1976 as amended by its 1996 protocol, and (ii) of the Athens Convention of 13 December 1974, as amended in 2002 and ratified by France, including the reservation made by France in accordance with IMO directives, and, where applicable, by the provisions of Regulation 392/2009 of the European Parliament and Council, which form an integral part of these terms.

Art. 2 – PURPOSE AND SCOPE OF APPLICATION

These General Terms are intended to govern the contractual relationships between the Carrier and the Passenger. They apply to any transport contract concluded with the Carrier and to any journey operated by the latter.

These General Terms are accessible at any time from the Site www.selar.cc. They will be made available to the Passenger at the time of Reservation. Any purchase of a Cruise implies acceptance of them.

These GTC may also be adopted by a third party, such as a travel agency retailer, and communicated to its traveler-client.

By booking, the Client acknowledges that they are physically fit to follow the program for which they have registered, and specifically to travel by sea. Similarly, the Client acknowledges that they have ensured the physical fitness of all participants to follow the reserved program.

Art. 3 – PRE-CONTRACTUAL INFORMATION OBLIGATIONS

Prior to booking, the Client acknowledges having received and read the informational documents provided by the maritime company, particularly regarding the content of the Cruise, the price and payment terms, and the conditions of cancellation and modification of the Cruise.

Photos / Illustrations:
The photos, maps, and illustrations contained on the maritime company's website or in the brochures are non-contractual. The itineraries are provided for indicative purposes only.

Art. 4 – ADMINISTRATIVE AND HEALTH FORMALITIES

The Client acknowledges having been informed of the administrative and health formalities for crossing borders. It is specified that the information provided is only valid for French nationals.

The Client is responsible for ensuring they meet the entry requirements for a foreign country, even when in transit during a stopover, and that their travel documents, such as identity card, passport, and visa, are in order, and that all entry requirements for the territory are fulfilled.

For more information on entry and stay conditions in the country or countries visited, French nationals are advised to consult the following link: http://www.diplomatie.gouv.fr/fr/conseils-aux-voyageurs.

For visa information, the Client is advised to contact the embassy of the country they plan to visit. Please be reminded that obtaining a visa can take some time, and it is advisable to allow sufficient time for this.

Any traveler wishing to enter or transit through the United States under the Visa Waiver Program must have a biometric passport and apply for travel authorization under the Electronic System for Travel Authorization (“ESTA”). Please allow sufficient time to complete your ESTA application. It is recommended to apply at least 72 hours before departure. For more information, please visit the U.S. Department of Homeland Security's website: https://esta.cbp.dhs.gov/esta.

The Client is responsible for completing and paying for any required police, customs, and health formalities for the booked stay, such as formalities relating to passports, national identity cards, residence permits, parental authorization, visas, medical certificates, and vaccination records, unless otherwise specified in the special conditions.

The Client must inform the Agency of any health issues requiring special monitoring or assistance during the trip.

The Client is responsible for ensuring that their vaccinations are up to date as recommended by the Pasteur Institute for their stay: https://www.pasteur.fr.

In the event that the Client is unable to travel due to failure to comply with administrative and health formalities, the price paid will not be refunded, nor will the Agency be held liable.

Minors:

The shipping company strongly recommends that the Client provides any unaccompanied minors with a copy of their family record book.

Specific formalities: For travel abroad, we inform you that minors residing in France and traveling without being accompanied by their legal representatives must be provided with their identity document and an authorization to leave the country form.

Art. 5 – CRUISE – GENERAL PROVISIONS
5.1 Cruise or Transport Ticket

The Carrier issues a nominal Transport Ticket valid only for the transport specified on the Ticket, for the person(s) explicitly mentioned. Therefore, it cannot be transferred to third parties. To verify the ownership of the Transport Ticket, the Carrier may ask the Passenger to identify themselves during boarding.

The cruise booking, which acts as a transport ticket, serves as proof of the existence of the Transport Contract unless proven otherwise.

5.2 Booking

Anyone making a reservation:

  • must be at least 18 years old and/or legally capable of entering into a contract;

  • acts both on their behalf and on behalf of those associated with their Reservation. They guarantee both their authority to act in this capacity and the accuracy of the information provided. They are personally responsible for the people listed in the same reservation. Reservations for minors must be made by their legal representative or any adult with the authority to do so.

In case of omission or false declaration, the Carrier reserves the right to refuse boarding or charge the applicable fees for making administrative changes.

Cooling-off period: A cooling-off period with an option date may be offered to the Client/Passenger when booking their cruise. Beyond the option date and without confirmation from the Client/Passenger, the Reservation is automatically canceled.

Reservation confirmation: The Reservation is confirmed by the payment of the first deposit.

Loss of the reservation: If the balance of the Reservation is not paid within the allotted time, the Reservation is canceled.

Right of withdrawal: The provisions of the Consumer Code relating to the right of withdrawal applicable to contracts concluded at a distance or outside establishments do not apply to the Transport Contract.

5.3 Validity period of tickets

The Cruise is only valid for the trip and period mentioned on the reservation. After the validity period, the Cruise is expired and can no longer be modified, refunded, or claimed.

Art. 6 – PRICE
The Client agrees to comply with the payment conditions as contractually defined.

6.1 Option placing

We offer you the possibility of placing an option on our website, thus expressing your interest in the selected stay without any financial commitment on the date the option is placed. This option allows you to reserve one or more places for a specified period at the current rate. After the option’s validity date, the pricing conditions stated in the option will no longer apply, and the availability of places is no longer guaranteed.

6.2 Price adjustment

The prices offered by the Company are based on the known economic conditions at the time of the publication of these General Terms and Conditions of Sale. These economic data result, in particular, from (1) the cost of minimum wages and energy sources, (2) fees and taxes relating to third-party services in the Contract (such as port taxes), and (3) exchange rates and bank fees involved in pricing.

The Company may adjust prices upwards or downwards after the Cruise has been booked and before departure.

An increase of less than 8% is considered a minor contract modification. The Traveler can only refuse it if they cancel their Contract, subject to the cancellation fees listed in their Contract. When the increase exceeds 8%, the Traveler will be informed in the same conditions of the proposed modification, the reasonable time in which they must notify CDP of their decision to either continue or terminate their Contract without fees, and the consequences of not responding. If the Traveler chooses to cancel their Contract, the refund of the amount paid will occur promptly and no later than 14 days after contract termination.

6.3 Payment schedule

Unless otherwise agreed between the Client and the Company:

  • The Client must pay 40% of the total price of the trip upon signing the contract for a cruise;

  • The Client must pay 60% of the total price of the trip 120 days before the cruise departure date.

For B2B / industry enquiries and full charter bookings, specific payment terms may apply and will be defined in the relevant commercial agreement.

6.4 Price exclusions

Unless otherwise specified in the special conditions, the price of the trip does not include visa fees, vaccination fees, service fees, insurance, ticketing fees, local taxes to be paid on-site, supplements, beverages, entertainment, or services not mentioned in the trip description contained in the special conditions. The Client or participants' refusal of certain services or services included in the package or paid for as an extra will not result in a refund or a voucher being issued.

6.5 Cruise cancellation and modification by the Client

The Client is informed that under Article L. 221-2 of the Consumer Code, the cruises offered on the Company's website are not subject to the right of withdrawal provided for in Articles 221-18 and following of the Consumer Code regarding distance selling. Therefore, reserved cruises are exclusively subject to the cancellation and modification conditions outlined in the Contract.

The Client may cancel the Contract at any time before the start of the trip.

In case of total or partial cancellation by the Client, the refund of the trip or stay will occur after deduction of cancellation fees, calculated based on the cancellation date and whether it is total or partial. The following conditions apply in the absence of a contrary provision in the special conditions:

6.5.1 In case of total cancellation

Total cancellation by the Client results in variable fees depending on the date of cancellation:

  • From the signing of the Contract up to 365 days before departure: 0% of the total price – free cancellation;

  • From 364 days to 121 days before departure: 40% of the total price;

  • From 120 days before departure to the day of departure: 100% of the total price.

For B2B / industry enquiries and full charter bookings, specific cancellation terms may apply and will be defined in the relevant commercial agreement.

6.5.2 In case of partial cancellation

Canceling one or more participants from a group of people on the same reservation incurs variable fees depending on the date and proportional to the number of persons canceling the reservation:

  • From the signing of the Contract up to 365 days before departure: 0% of the total price – free cancellation;

  • From 364 days to 121 days before departure: 40% of the total price;

  • From 120 days before departure to the day of departure: 100% of the total price.

For B2B / industry enquiries and full charter bookings, specific cancellation terms may apply and will be defined in the relevant commercial agreement.

6.5.3 In case of modification by the Client

Any name change request must be submitted in writing to the Company, which has the right to pass on the penalties incurred by the reservation modification.

Requests to add participants to a Group must also be made in writing. In this case, additional reservations will only be confirmed within the limit of available spaces.

Once the transport tickets have been issued, any changes may result in penalty fees based on the administrative modification costs required.

No refund will be made if the Client or one of the participants in a Group fails to appear at the departure, at the times and locations indicated by the Company, or is unable to participate in the trip for any reason.

6.6 Cancellation and Modification of the Cruise by the Company In the event of a cancellation of the cruise by the Company, for any reason and with prior written notice to the customer: The Client will be refunded all amounts they may have paid but will not be entitled to compensation. The itinerary may be reversed without altering the program. The duration of stops and/or daily mileage may vary depending on road, track, maritime, or river conditions, weather conditions, and/or the number of participants.

Particularly due to safety, assistance, weather, ice, medical, or technical conditions, the program may be modified, especially in polar regions.

When, before departure, compliance with one of the essential elements of the Cruise becomes impossible due to an external event that imposes itself on the Company, the Company must promptly notify the Client and inform them of the option to either cancel the contract or accept the modification proposed by the Company. This notice and information must be confirmed in writing to the Client, who must make their choice known as soon as possible.

In the case of a trip (Group or individual) for which a minimum number of participants is less than 50% of the ship’s maximum passenger capacity, the voyage may be canceled by the Company if the minimum number of participants is not reached:

  • 7 days before the departure date, for trips lasting 2 to 6 days.

  • 48 hours before the departure date, for trips lasting 2 days.

The Client will then be refunded all amounts they may have paid but will not be entitled to compensation.

6.7 Single Supplement The single supplement applies to any person occupying a cabin alone. The updated amount of the applicable single supplement will be communicated to the Traveler at the time of the cruise offer.

Art. 7 – INSURANCE
 The transport/Cruise ticket does not include repatriation insurance. It is the Client's responsibility to obtain this insurance before departure. The Company will neither assume nor advance the costs related to the repatriation of a Client during the cruise.

Art. 8 – BOARDING AND TRANSPORT CONDITIONS
8.1 The Passenger must present themselves for boarding under the conditions set forth herein, in accordance with the provisions of the Reservation.
8.2 The Reservation is personal. The Passenger may not transfer their ticket to a third party for any reason whatsoever.
8.3 Each Passenger certifies that they are fit to travel by sea and that their health condition or behavior will not harm other passengers or the proper operation of the Ship. If the Passenger's health condition is likely to limit their ability to undertake the maritime voyage or to disrupt the smooth running of the trip, they must inform the Carrier.
8.4 All Passengers must have a valid passport, as well as any visas and vaccination certificates that may be required at the ship's stopover and arrival ports. Each Passenger is personally responsible for complying with the legal and regulatory requirements before departure. The Carrier may refuse boarding or disembarkation to any Passenger who does not present the necessary documents authorizing them to disembark at the point of arrival and at the planned stopovers.
8.5 Passengers with mobility issues, due to a physical disability or condition requiring special treatment and/or assistance, whether temporary or permanent, including those using wheelchairs, must inform the Carrier in writing (i) at the time of the booking request or (ii) as soon as the Passenger becomes aware of their disability if it occurs after the reservation, ideally thirty (30) days before the boarding date, so that the Carrier can confirm to the Traveler that they will be able to board the Ship. The Carrier reserves the right to refuse access to Passengers who have failed to inform the Carrier of such disabilities or assistance needs if the Passenger’s health condition is not compatible with the applicable safety rules or if the design of the Ship, port infrastructure, and facilities, including port terminals, make boarding, disembarking, or transporting the Passenger impossible under safe or operationally feasible conditions.
8.6 Disembarking in some ports may be difficult or impossible for Passengers with reduced mobility, especially during zodiac outings. Passengers using a wheelchair must bring their own and be accompanied by a person capable of assisting them.
8.7 When aboard the Ship and throughout the Passage Period, the Passenger must comply with the onboard rules and discipline set by the Carrier. The Traveler is required to attend all safety demonstrations and explanations organized on board and to follow the crew's instructions at all times.
8.8 The Carrier and/or the Captain may, if deemed necessary, refuse to board any Passenger who does not comply with the entry conditions of the destination country's ports or whose presence on board could harm the comfort, health, or safety of other Passengers, the crew, or the laws and regulations of the ports visited by the Ship, or who could make the Carrier liable for their maintenance, defense, or repatriation. For these reasons, the Carrier and/or the Captain may also take the following appropriate measures:

  • Refuse to board the Passenger at any port visited by the Ship,

  • Disembark the Passenger at any port visited by the Ship,

  • Transfer the Passenger to another Ship,

  • Confine the Passenger to their cabin or the onboard medical service cabin, and/or

  • Impose medical treatment by the onboard doctor.

8.9 In the context of controlling an epidemic risk, the Carrier and/or the Captain, and/or any local health authority, may require the Passenger to complete a health questionnaire, and, if necessary, a screening test before or during boarding or disembarking, including at stopovers. The Passenger is responsible for any associated screening test costs.
8.10 The safety of Passengers and crew is a top priority for the Carrier. The following items are prohibited on board Ships (hereinafter referred to as “Prohibited Items”): narcotics/prohibited drugs (including medically prescribed marijuana and any other accessories related to drug use; this also applies to hookahs); all firearms or other weapons and ammunition; all types of explosives; large batteries with a capacity exceeding 100Wh; all types of radio or telephone jamming equipment; and candles. The Passenger will, in any case, be liable for any injury, loss, or damage resulting from the presence of Prohibited Items in their luggage or cabin, and must indemnify the Carrier against any claims brought against them due to the presence of Prohibited Items on board, during boarding, or disembarking. Prohibited Items may be confiscated, disembarked, destroyed, or rendered harmless by the Carrier and/or the Captain at any time and place, without compensation, regardless of whether the Traveler has paid for any destruction fees. If a Prohibited Item is considered illegal, the competent authorities will be notified.
8.11 The Passenger agrees, upon simple request and without delay, to allow the Carrier, the crew officers, and the customs, health, and/or administrative authorities of the stopover countries or the country of the Ship’s registration free access to their cabin, luggage, and personal effects.
8.12 The Passenger must monitor their luggage and personal belongings during the stay on board and during boarding, transshipment, and disembarking operations. The Carrier declines all responsibility for luggage left unattended by the Passenger and for which the Passenger has not taken all necessary precautions to avoid theft, loss, or damage. The Carrier will only be liable within the limits of Article 1953 of the Civil Code and the provisions of the necessary deposit.
8.13 The Carrier is not responsible for damage to photographic, telephone, electronic devices, and cameras lost or damaged aboard the Ship and its tenders or during boarding and disembarking operations, nor for damage to items that fall into the water.
8.14 Animals are prohibited on board Ships and are not allowed to board.
8.15 The Passenger is civilly and criminally liable for any damage they directly or indirectly cause to the Carrier, other Travelers, or third parties. They alone are responsible for any fines or penalties imposed on them by the competent authorities.
8.16 Ships are entirely (including cabins) non-smoking, except for designated areas on the outdoor decks (this also applies to electronic cigarettes).

Art. 9 – CHILDREN AND PREGNANCY
9.1 Unaccompanied minors are not allowed on board. The Carrier permits minors, accompanied by a parent or guardian, to board the Ship from the age of 12. Certain cruises may not allow minors on board, in which case the information is communicated to the client before booking. For any cruise, children must be fully autonomous during organized outdoor activities and landings by inflatable boat, be of sufficient size to sit on the inflatable sides of the boats, and be able to immediately understand and respond to instructions from responsible individuals. Therefore, children's participation in any inflatable boat activity is subject to the approval of the Captain and the Expedition Leader, depending on sea conditions and the difficulty of landing at each visited site. When on board and/or during excursions, minors remain entirely and fully under the responsibility of their parents or guardian.
9.2 Ships are not equipped for childbirth, nor do they have doctors on board. Therefore, pregnant women more than 14 weeks of amenorrhea (SA), or 3 months pregnant, are not allowed to board the Ships. In any case, it is recommended that pregnant women less than 14 weeks of amenorrhea (SA), or 3 months pregnant, traveling aboard a Ship consult a doctor before boarding to ensure that their health condition is compatible with the planned cruise.

Art. 10 – RESPONSIBILITIES OF THE CARRIER

10.1 The Carrier is responsible for damages caused to Passengers due to transportation, in accordance with the provisions and liability limits of the following texts, depending on their respective areas of application: Articles L5421-1 to L5421-8 of the Transport Code, and Regulation (EC) No 392/2009 of the European Parliament and of the Council of April 23, 2009.

10.2 The Carrier is responsible for damages caused to luggage, in accordance with the provisions and liability limits of the following texts, depending on their respective areas of application: Articles L. 5421-9 to L5421-12 of the Transport Code, Decree No 67-268 of March 23, 1967, as amended by Decree No 86-1065 of September 24, 1986, and Regulation (EC) No 392/2009 of the European Parliament and of the Council of April 23, 2009.

10.3 In any case, the Carrier benefits from the liability limits contained in the International London Convention dated November 19, 1976, as amended by the 1996 Protocol, which prevail over any other liability limit set by a non-mandatory text.

10.4 When a Passenger is denied boarding on the Vessel, including after or during a stopover, under the conditions mentioned in Articles 8 and 9, neither the Carrier, the Ship's Master, nor the crew shall be held liable in any way.

10.5 The Carrier is in no case responsible for (i) bodily, material, or immaterial damages and/or (ii) damages resulting from the interruption and/or modification of the voyage caused by wars, blockades, riots, strikes, social conflicts, acts of piracy or terrorism, epidemics or quarantines, natural disasters and catastrophes, nuclear fusion, fission, or pollution, or nuclear explosion or its consequences, closure of the port of departure, stopover, or destination; detention, requisition, or seizure of the Vessel for any reason, use of the Vessel for special state needs, or even the mere threat of the above events. The Carrier is also not responsible for damages caused by the Passenger's voluntary participation in a fight or by a dangerous activity/action not required for the preservation of human life.

Art. 11 – DATA PROTECTION

The parties agree to comply with all applicable laws and regulations and their respective obligations related to the protection of personal data, in particular the provisions of European Regulation 2016/679 of April 27, 2016, on data protection, as well as Law No 78-17 of January 6, 1978, as amended, concerning Data Processing, Data Files, and Individual Liberties. The Client specifically agrees to comply with said regulations when collecting personal data from participants and transferring it to the Company.

Art. 12 – LAW AND JURISDICTION

These Maritime Transport Conditions are subject to French law.
In case of a dispute regarding the interpretation or execution of these Maritime Transport Conditions, it will be brought before the competent French courts under French law.

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