Last updated: 16/09/2026

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These Terms and Conditions of Sale (hereinafter the “Terms and Conditions”) govern the services offered on board the vessel located in Grand-Case, Saint-Martin.

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This English translation is provided for information purposes only. As the company is established in Saint-Martin (French territory), the original French version constitutes the sole legally binding and authoritative version of these Terms and Conditions. In the event of any discrepancy, ambiguity, or difference in interpretation, the French version shall prevail.

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As the activities offered on board are different in nature, these Terms and Conditions are deliberately divided into three separate parts:

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PART I — THE SECRET 1969: Dining & Gastronomic Experiences

PART II — ACCOMMODATION on Board

PART III — HOUSE RULES: Provisions Common to the Vessel

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The Guest must read the part applicable to the service booked, as well as the common provisions of the house rules.

Acceptance of a booking constitutes acceptance of these Terms and Conditions in the version applicable on the booking date.

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PART I

THE SECRET 1969

DINING & GASTRONOMIC EXPERIENCES

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ARTICLE 1 — SCOPE

These specific conditions apply to dining services and gastronomic experiences organised under the THE SECRET 1969 name on board the vessel INDEPENDENCE in Grand-Case, Saint-Martin.

In particular, they cover:

• The Secret 1969 – 7 Escales gastronomic dinner;

• romantic experiences;

• private-hire packages;

• receptions or gastronomic events offered from time to time by The Secret 1969.

The description appearing on the Website at the time of booking specifies the content, price, schedule and any specific conditions of each offer.

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ARTICLE 2 — NATURE OF THE EXPERIENCE

The Secret 1969 offers a gastronomic experience aboard a former military vessel dating from 1969.

The Guest expressly acknowledges that this is neither a cruise nor a maritime transport service.

During The Secret 1969 services, the vessel remains at anchor or, where applicable, alongside a quay.

Access to the vessel may require a transfer by tender and the use of a pilot ladder and marine stairways.

The restaurant accommodates a maximum of six guests per sitting, except for private events subject to expressly agreed special conditions.

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ARTICLE 3 — DINNER AND PRIVATE HIRE: TWO DISTINCT SERVICES

3.1 — THE SECRET 1969 DINNER

Booking a The Secret 1969 dinner provides access to the gastronomic experience corresponding to the selected offer.

Booking a dinner does not constitute private hire of the vessel.

Other guests may therefore be present during the same experience, within the stated capacity limit.

3.2 — PRIVATE HIRE

Only a service expressly offered, designated and booked as “Private Hire” guarantees the exclusivity provided for in that offer's description.

The services, schedules, special touches, included beverages or other services offered as part of private hire are those set out in the offer description at the time of booking.

The Guest is invited to check the selected service carefully before confirming.

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ARTICLE 4 — PRICES

The applicable prices are those displayed on the Website at the time of booking.

Prices are expressed in euros and include all applicable taxes, unless otherwise stated.

Beverages, pairings, digestifs, spirits, services or options not expressly listed as included in the booked offer will be charged separately.

Gratuities are entirely at the Guest's discretion.

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ARTICLE 5 — BOOKING REQUESTS

Booking requests are submitted using the form provided for this purpose on the Website.

Unless exceptionally and expressly confirmed by The Secret 1969, a booking cannot be made final solely by telephone, messaging or WhatsApp.

All requests are subject to availability.

Submitting the form does not, in itself, constitute a firm booking.

Requests are processed during local business hours in Saint-Martin. A request received outside these hours will be processed when business resumes.

When a Guest makes a booking for several people, they declare that they are authorised to make the booking on their behalf and undertake to inform them of these Terms and Conditions.

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ARTICLE 6 — PAYMENT AND CONFIRMATION

After accepting the booking request and subject to availability, The Secret 1969 sends the Guest a secure payment link.

The Guest has 24 hours from the actual sending of the payment link to make payment.

The booking becomes final only upon receipt of the full payment requested.

If payment is not received within this period, the places may be released and offered to other Guests without further formalities.

Given the very limited number of places, bookings are confirmed in the order in which payment is actually received.

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ARTICLE 7 — NO RIGHT OF WITHDRAWAL

The dining services and leisure activities offered by The Secret 1969 are provided on a specific date or during a specific period.

Consequently, where they fall within the cases provided for by the applicable regulations, they are not subject to the fourteen-day right of withdrawal applicable to certain distance contracts.

Cancellation options are exclusively those provided for in these Terms and Conditions, without prejudice to any applicable mandatory legal provisions.

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ARTICLE 8 — CANCELLATION BY THE GUEST

Given:

• the very limited number of places;

• the specific organisation of each sitting;

• the advance preparation of the experience;

• the purchase of fresh products specially selected for booked guests;

the following conditions apply.

8.1 — CANCELLATION MORE THAN 48 HOURS BEFORE THE EXPERIENCE

Any cancellation received more than forty-eight (48) hours before the scheduled date and time of the experience will result in a refund of amounts paid, less €20 per booked person for administration and processing fees.

8.2 — CANCELLATION LESS THAN 48 HOURS BEFORE THE EXPERIENCE

Any cancellation received less than forty-eight (48) hours before the scheduled date and time of the experience will not be refunded.

8.3 — FAILURE TO ATTEND (NO-SHOW)

If the Guest fails to attend on the scheduled date and at the scheduled time, no refund will be made.

8.4 — EARLY DEPARTURE OR PARTIAL PARTICIPATION

Any partial participation or early departure decided by the Guest does not entitle them to a refund.

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ARTICLE 9 — PERSONAL CIRCUMSTANCES OR DISRUPTIONS AFFECTING THE GUEST

Provided that The Secret 1969 is able to maintain and provide the experience normally in Grand-Case, Saint-Martin, on the agreed date and at the agreed time, events personally preventing the Guest from travelling to Saint-Martin or taking part in the experience remain subject to the cancellation policy in Article 8.

These include, in particular:

• adverse weather conditions, storms, hurricanes or other weather events affecting the Guest's place of residence or stay;

• weather events affecting the Guest's departure location or journey;

• flight cancellation, delay or change;

• missed connections;

• disruption to air, sea or land transport;

• strikes affecting an airline, airport, carrier or any other service provider involved in the Guest's journey;

• problems relating to a passport, visa, travel authorisation or entry formalities;

• illness, accident or hospitalisation of the Guest or a relative;

• a change of plans, personal inability to attend or any other event outside the organisation of The Secret 1969.

These events do not constitute cancellation of the experience by The Secret 1969 as long as the experience can normally take place in Saint-Martin.

Guests are invited to take out appropriate travel and/or cancellation insurance if they wish.

In exceptional circumstances, The Secret 1969 remains free to offer a goodwill gesture, which shall not create an acquired right or precedent for other bookings.

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ARTICLE 10 — CANCELLATION BY THE SECRET 1969

The safety of Guests, staff and the vessel remains the priority.

The Secret 1969 may be required to postpone or cancel an experience, in particular in the event of:

• adverse weather conditions in Saint-Martin or the Grand-Case area;

• sea conditions incompatible with safe embarkation or disembarkation;

• a weather or cyclone alert affecting Saint-Martin;

• a technical problem directly affecting the vessel or the equipment required to provide the service;

• an overriding safety requirement;

• an event of force majeure;

• or any circumstance beyond its control making performance of the service impossible or dangerous.

Depending on the circumstances and available options, The Secret 1969 may offer:

• postponement to another available date;

• a credit voucher for the amounts paid;

• or a refund of the amounts corresponding to the service not provided.

Where a refund results from a cancellation decided by The Secret 1969, none of the administration fees referred to in Article 8 will be deducted.

A change required for safety reasons that does not substantially alter the service does not necessarily constitute a cancellation.

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ARTICLE 11 — MENU AND THE “7 ESCALES” CONCEPT

The Secret 1969 offers a gastronomic experience built around a menu defined in advance.

Guests are invited to review the menu carefully before booking.

By booking, the Guest acknowledges having had the opportunity to become familiar with the general composition of the gastronomic experience.

As the concept is based on a coherent succession of culinary stages, the menu cannot be customised à la carte.

However, The Secret 1969 may decide to make substitutions depending on product availability or quality, without altering the overall spirit of the experience.

For example, a fish may be replaced by a product of equivalent quality if the original product's availability or quality does not permit it to be served.

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ARTICLE 12 — ALLERGIES, INTOLERANCES AND DIETARY REQUIREMENTS

Any allergy, intolerance, pregnancy-related dietary restriction or special dietary requirement that may affect the menu must be reported before the booking is confirmed, using the information requested during the booking process.

Given the nature of the menu and the kitchen's organisation:

• The Secret 1969 does not offer a vegan menu;

• The Secret 1969 does not offer a guaranteed gluten-free menu;

• not all requests for changes or substitutions can be accommodated.

The Secret 1969 will consider requests made in advance and, where necessary, indicate whether the experience can reasonably be offered to the Guest.

An adaptation requested only after the booking has been confirmed or at the time of service cannot be guaranteed.

The fact that a dish or ingredient was clearly listed on the menu communicated before booking does not give the Guest the right to demand a substitution at the time of service.

Despite precautions taken in the kitchen, the preparation environment may contain various allergens, and the complete absence of traces or cross-contamination cannot be guaranteed.

This information does not, however, limit the establishment's legal liability in the event of fault attributable to it.

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ARTICLE 13 — TIMES AND EMBARKATION

For the standard gastronomic dinner, Guests must arrive at the meeting time communicated when booking, generally from 4:30 p.m., to allow transfers to the vessel to be organised.

The gastronomic experience generally starts around 5:00 p.m. and ends around 8:00 p.m.

A specific time may apply to certain offers, particularly romantic private hire.

The time stated in the booking confirmation takes precedence.

When embarkation is by tender, transfers may be arranged in several trips, notably with two people at a time.

The Guest must therefore respect the communicated meeting time.

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ARTICLE 14 — LATE ARRIVAL

Any delay must be reported as soon as possible.

Given:

• embarkation constraints;

• the sequential nature of the menu;

• consideration for other guests;

• and safety requirements;

a significant delay may make embarkation or participation in all or part of the experience impossible.

Where this impossibility is attributable to the Guest's late arrival, no refund may be claimed for the service that could not be enjoyed.

Nevertheless, where organisation and safety permit, The Secret 1969 will make every reasonable effort to accommodate a slightly late Guest without disrupting the experience of others.
 

ARTICLE 15 — AGE OF GUESTS

Unless otherwise indicated in the relevant offer, The Secret 1969 experience is intended for persons aged 16 and over.

Alcoholic beverages are served only in accordance with the age requirements laid down by applicable regulations.

A non-alcoholic beverage may be offered where the selected pairing or the Guest's circumstances require it.

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ARTICLE 16 — ALCOHOLIC BEVERAGES

The Secret 1969 complies with the rules governing the sale and service of alcoholic beverages.

Excessive alcohol consumption is harmful to health. Alcoholic beverages should be consumed in moderation.

The Secret 1969 reserves the right to refuse or stop serving alcohol to any person whose condition or behaviour presents a risk to themselves, other Guests, staff or safety on board.

Such a decision taken for safety reasons does not entitle the Guest to a refund for beverages or services already consumed.

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ARTICLE 17 — GUEST CONDUCT

Each Guest must behave respectfully towards:

• other guests;

• staff;

• the person in charge of the vessel;

• the vessel and its equipment.

The Secret 1969 may refuse embarkation or terminate the participation of anyone whose behaviour compromises safety, peace and quiet, or the proper conduct of the experience.

Such a decision may be justified, in particular, by:

• violence or threats;

• harassment;

• insults;

• manifestly dangerous behaviour;

• intoxication incompatible with safety;

• deliberate damage to equipment;

• repeated failure to comply with safety instructions.

Where an interruption results directly from the Guest's wrongful conduct, services already undertaken or provided are non-refundable.

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ARTICLE 18 — ACCEPTANCE OF THE SECRET 1969 CONDITIONS

By paying for the booking, the Guest acknowledges having had access to:

• the description of the selected service;

• the menu, where applicable;

• essential information about access to the vessel;

• these Terms and Conditions;

• and INDEPENDENCE's house rules.

A Guest booking for several people undertakes to pass this information on to them.

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PART II

ACCOMMODATION ON BOARD INDEPENDENCE

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ARTICLE 19 — SCOPE

The provisions of this part apply exclusively to tourist accommodation services offered aboard the vessel.

They do not apply to The Secret 1969 dining bookings, unless an offer expressly combines several services.

The accommodation offered is temporary tourist accommodation and under no circumstances constitutes the Guest's principal residence.

The Guest may not claim any right to remain on the premises beyond the booked period.

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ARTICLE 20 — CAPACITY

The maximum accommodation capacity commercially offered on board is limited to the number of persons indicated in the offer or quotation and may not exceed the capacity authorised for the service.

At present, accommodation is arranged for a maximum of six persons, unless specifically indicated otherwise.

Any additional person requires prior authorisation.

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ARTICLE 21 — ACCOMMODATION BOOKINGS

Accommodation requests are made via the Website.

Bookings are made in the Guest's name and may not be transferred to a third party without prior written agreement.

Where a quotation is issued, its period of validity is that stated on it.

The booking becomes firm after:

• acceptance of the offer or quotation;

• acceptance of these Terms and Conditions;

• receipt of the required payment.

A booking made on behalf of a group obliges the lead Guest to inform all occupants of these Terms and Conditions.

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ARTICLE 22 — PAYMENT FOR ACCOMMODATION

For a booking made more than thirty days before arrival, a deposit of 30% of the accommodation price is required to confirm the booking.

The balance must be paid no later than thirty days before the arrival date.

For a booking made thirty days or less before the arrival date, the full price is payable at the time of confirmation.

Additional services or options must also be paid for by the deadlines specified in the quotation or confirmation.

If payment is not received by the stated deadline, the booking may be cancelled after informing the Guest, and the cancellation conditions below may apply.

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ARTICLE 23 — NO RIGHT OF WITHDRAWAL

As tourist accommodation services are provided on a specified date or during a specified period, they are not subject, in the cases provided for by applicable regulations, to the fourteen-day right of withdrawal applicable to certain distance contracts.

The contractual cancellation conditions below remain applicable.
 

ARTICLE 24 — CANCELLATION OF ACCOMMODATION BY THE GUEST

MORE THAN THIRTY DAYS BEFORE ARRIVAL

If cancellation occurs more than thirty days before the scheduled arrival date, the deposit paid is retained by the accommodation provider.

A credit voucher may be offered as a goodwill gesture, in particular for a postponement, subject to availability.

THIRTY DAYS OR LESS BEFORE ARRIVAL

For any cancellation made from the thirtieth day before arrival onwards, the full booking amount is payable.

NO-SHOW OR EARLY DEPARTURE

Failure to attend, delayed arrival decided by the Guest, or early departure does not entitle the Guest to a refund for nights made unavailable by the booking.

Mandatory legal provisions remain applicable.

Guests are strongly encouraged to take out appropriate travel or cancellation insurance.
 

ARTICLE 25 — CHANGES TO THE STAY

Any request to change the date, duration, identity of occupants or service must be sent to the accommodation provider.

It only takes effect after written confirmation.

The accommodation provider remains free to refuse a change if it is incompatible with availability or the planned arrangements.

Unless a change is agreed in writing, the original booking remains applicable.
 

ARTICLE 26 — ARRIVAL AND DEPARTURE

Cabins are available from 3:00 p.m. on the day of arrival.

Arrivals should normally take place between 3:00 p.m. and 10:00 p.m.

Any arrival planned after 10:00 p.m. requires prior agreement.

Cabins must be vacated no later than 11:00 a.m. on the day of departure.

Unauthorised late departure may result in the actual costs incurred being charged and, where it prevents the cabin from being re-let, an additional night's charge.

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ARTICLE 27 — IDENTIFICATION OF OCCUPANTS

An identity document may be requested upon arrival.

Where required by regulations, particularly for certain foreign Guests, the information necessary to complete the individual police registration form must be provided.

Refusal to provide legally required information may prevent accommodation from being provided.

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ARTICLE 28 — SECURITY DEPOSIT

A security deposit of €800 per cabin, unless a different amount is stated in the offer or quotation, may be requested on arrival in the form of a card pre-authorisation or by any other agreed means.

In particular, it secures against damage, deterioration or loss attributable to the Guest or persons for whom they are responsible.

The security deposit does not limit the Guest's liability to that amount where substantiated damage exceeds it.

It is released or returned after the stay, subject to any amounts retained on supporting evidence for damage or costs attributable to the Guest.

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ARTICLE 29 — USE OF CABINS

Cabins and spaces made available must be used normally and in accordance with their intended purpose.

In particular, Guests must:

• respect the equipment;

• minimise waste of water and electricity;

• follow instructions specific to marine installations;

• allow staff reasonable access when necessary for cleaning, maintenance or safety.

Cooking in cabins or using unauthorised appliances that produce flames or heat is prohibited.

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ARTICLE 30 — OUTSIDE VISITORS

Persons not declared in the booking may not be brought on board or into the cabins without prior authorisation.

Accommodation may not be used to organise a reception, party, commercial activity or private event without prior agreement.

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ARTICLE 31 — LUGGAGE

Given the particular conditions of access to the vessel, soft-sided luggage is recommended.

Where specified in the offer or arrival information, luggage weight may be limited to allow safe transfer to the vessel.

Guests remain responsible for their luggage and must follow instructions given during embarkation.

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ARTICLE 32 — LINEN

Towels provided in the cabins are intended for use on board.

Unless otherwise stated, they must not be taken to the beach or used for sea bathing.

Abnormal loss or damage may be charged for upon presentation of supporting evidence.

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ARTICLE 33 — PEACE AND QUIET

The vessel is an accommodation setting intended to be peaceful.

Guests must keep noise to a minimum, particularly between 10:00 p.m. and 6:00 a.m.

Parties and evening gatherings are not permitted except as part of private hire or an expressly approved event.

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ARTICLE 34 — CIRCUMSTANCES AFFECTING THE GUEST'S JOURNEY

Where the accommodation remains available and accessible in Saint-Martin in accordance with the booking, disruptions affecting only the Guest's journey — including flight cancellation, delay, a weather event at the place of departure, travel formalities or personal circumstances — remain subject to the Guest cancellation policy.

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ARTICLE 35 — WEATHER, BREAKDOWNS AND SAFETY REQUIREMENTS

In the event of weather conditions affecting Saint-Martin, a breakdown, a technical problem or circumstances liable to compromise safety, the person in charge of the vessel may take any reasonably necessary measure, including suspending access to certain areas, moving Guests to a safe area or interrupting accommodation where necessary.

Where accommodation cannot be provided, in whole or in part, for a reason directly affecting the Operator's ability to perform the service, the financial consequences shall be determined according to the nature of the event, the portion of the service actually performed and the applicable legal rules.

No provision of these Terms and Conditions permits the Operator automatically to retain the price of a service it has itself cancelled or is legally required to refund.

In the event of force majeure, the applicable legal provisions governing suspension or termination of the contract shall apply.

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PART III

INDEPENDENCE HOUSE RULES

PROVISIONS COMMON TO ALL PERSONS ON BOARD

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ARTICLE 36 — PARTICULAR FEATURES OF THE VESSEL

INDEPENDENCE is a former Royal Navy military vessel dating from 1969, retaining some of its original marine access arrangements and fittings.

Embarkation may, in particular, require:

• transfer by tender;

• use of a pilot ladder;

• use of marine stairways;

• passage through areas subject to the constraints inherent in a vessel.

Guests must follow instructions given by staff when moving around.

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ARTICLE 37 — MOBILITY AND ACCESS

Given these characteristics, the experience is mainly suitable for people able to move around on board with a degree of independence compatible with the vessel's access arrangements.

Anyone with special requirements that could affect embarkation or movement around the vessel is invited to contact the establishment before booking to assess access conditions.

For objective safety reasons, embarkation may be refused where it cannot physically be carried out in sufficiently safe conditions given the vessel's installations.

This decision must be based on actual access and safety constraints, and not on any discriminatory grounds.

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ARTICLE 38 — PRIVATE RESIDENCE AND RESTRICTED AREAS

The vessel is also a private residence.

Certain areas of the vessel are not included in the spaces made available to Guests.

These areas are marked or identified as such and Guests are prohibited from entering them.

Booking a service, including private hire, does not grant access to areas expressly reserved for private use, unless otherwise agreed in writing.

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ARTICLE 39 — ANIMALS ON BOARD

Animals belonging to the vessel's permanent occupants may be present on board.

Guests are informed of this particular feature before booking.

Animals belonging to Guests are not permitted, subject to applicable legal provisions, including those relating to guide or assistance dogs.

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ARTICLE 40 — SAFETY INSTRUCTIONS

All Guests must immediately comply with safety instructions given by the person in charge of the vessel or by staff.

In particular, it is prohibited to:

• enter an area marked as restricted;

• handle safety equipment;

• damage or disable a detector or safety device;

• throw objects overboard;

• run in areas where doing so presents a risk;

• behave in a way liable to endanger people or the vessel.

In any situation requiring evacuation or a special safety measure, instructions from the person in charge of the vessel must be followed without delay.

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ARTICLE 41 — SMOKING AND VAPING

Smoking or vaping is prohibited inside the vessel and in areas where a prohibition is posted.

Where a specific outdoor area is authorised for lawful products, its use must comply with the instructions given on board.

Damage or exceptional cleaning directly caused by a failure to comply with this prohibition may be charged to the Guest upon presentation of supporting evidence.

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ARTICLE 42 — PROHIBITED PRODUCTS AND ITEMS

It is prohibited to bring on board:

• illegal substances;

• dangerous products;

• unauthorised flammable materials;

• weapons or objects whose use could endanger people;

• any equipment whose use is incompatible with vessel safety.

Using an appliance producing flames or significant heat is prohibited in cabins and areas not intended for such use.

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ARTICLE 43 — SANITARY FACILITIES

The vessel's sanitary facilities are specialised marine installations.

It is prohibited to dispose of any object or substance in the toilets other than those expressly permitted by instructions displayed on board.

Sanitary products, wipes, cotton pads and other materials likely to damage the system must be placed in the receptacles provided.

An intervention made necessary by a clear failure to observe this rule may be charged to the Guest upon presentation of supporting evidence.

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ARTICLE 44 — CONDUCT AND RESPECT FOR OTHERS

All Guests must behave courteously and respectfully.

In particular, the following are prohibited:

• physical or verbal violence;

• threats;

• harassment;

• non-consensual sexual conduct;

• discriminatory statements or behaviour;

• deliberate damage;

• dangerous behaviour.

The person in charge of the vessel may ask anyone seriously compromising the safety or peace and quiet of the premises to leave the vessel.

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ARTICLE 45 — CLOTHING AND FOOTWEAR

Attire suitable for an establishment open to the public and compatible with vessel safety requirements is expected.

Depending on the areas and conditions, suitable footwear may be required to prevent falls and injuries.

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ARTICLE 46 — PHOTOGRAPHY, VIDEO AND PRIVACY

Photographs and videos for personal use are permitted in areas accessible to Guests, subject to respect for privacy.

It is prohibited to photograph or film insistently:

• other Guests;

• staff;

• occupants of private areas;

without their consent where they are clearly identifiable.

Any commercial or professional use of images taken on board requires prior authorisation.
 

ARTICLE 47 — PERSONAL BELONGINGS

Guests remain responsible for their personal belongings.

They are advised not to leave valuables unattended.

The Operator is liable for loss or damage under the conditions laid down by applicable regulations and cannot exclude its liability where damage results from fault attributable to it.

Forgotten items may be kept for a reasonable period to allow their collection.

Where a Guest requests shipment of a forgotten item, the costs of packaging, shipping, tracking and, where applicable, insurance are borne by the Guest.
 

ARTICLE 48 — DAMAGE

Any damage attributable to the Guest or persons for whom they are responsible may be charged based on the actual cost of restoration, repair or replacement.

Where accommodation is subject to a security deposit, substantiated amounts may be deducted from it.

If the loss exceeds the security deposit, the balance remains payable.
 

ARTICLE 49 — SWIMMING

Unless a supervised activity is expressly offered as such, any swimming around the vessel does not constitute a water-based activity organised by the establishment.

Swimming may be prohibited depending on:

• the weather;

• sea conditions;

• visibility;

• marine traffic;

• the time of day;

• or any other safety consideration.

Any prohibition issued by the person in charge of the vessel must be respected.

Swimming at night is prohibited.
 

ARTICLE 50 — PARKING

The Secret 1969 & EBA do not necessarily have private parking available for Guests.

Guests are responsible for arranging parking for their vehicle ashore.

The establishment is not responsible for a vehicle parked on a public road or in a car park operated by a third party.
 

ARTICLE 51 — VIDEO SURVEILLANCE AND SECURITY

Certain areas of the vessel may be equipped with devices intended to protect people and property.

Where such devices are used, the legally required information concerning their presence and any processing of images is made available in accordance with applicable rules.
 

ARTICLE 52 — LIABILITY

Life and movement on board a vessel involve features that differ from those of a land-based establishment.

Guests must comply with the precautions and safety instructions communicated to them.

The establishment cannot be held liable for damage caused exclusively by:

• fault on the part of the Guest;

• failure to comply with a safety instruction;

• an unforeseeable and irresistible act of a third party;

• or an event meeting the legal conditions for force majeure.

Conversely, no provision of these Terms and Conditions is intended to exclude or reduce the Guest's rights where damage results from fault or a breach of legal duty attributable to the Operator.

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ARTICLE 53 — EVIDENTIARY AGREEMENT AND ELECTRONIC ACCEPTANCE

Information recorded by systems used to manage bookings, payments and electronic communications may be used as evidence under the conditions laid down by applicable regulations.

Electronic validation of a booking, when accompanied by the required information and consents, constitutes the Guest's contractual acceptance.

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ARTICLE 54 — COMPLAINTS

Any complaint relating to a service must first be addressed to the establishment using the Website's contact form or the contact details communicated at the time of booking.

The Guest is invited to provide the information necessary to examine the complaint:

• identity;

• booking number or date;

• service concerned;

• precise description of the issue;

• relevant supporting documents.

The parties will first seek an amicable solution.

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ARTICLE 55 — APPLICABLE LAW AND DISPUTES

These Terms and Conditions are governed by the law applicable in Saint-Martin.

In the event of a dispute, the parties shall first seek an amicable resolution.

Failing an amicable agreement or successful mediation, the dispute may be brought before the court having jurisdiction under the applicable legal rules.

No provision of these Terms and Conditions deprives a consumer of the mandatory protective rules to which they are entitled.

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ARTICLE 56 — AMENDMENTS TO THE TERMS AND CONDITIONS

The Operator may amend these Terms and Conditions for future bookings, in particular to reflect:

• changes to the services;

• regulatory changes;

• changes to onboard arrangements.

The version applicable to a booking is the one communicated or accessible to the Guest at the time the booking contract is concluded.

A subsequent amendment cannot retrospectively change the conditions of a booking already concluded, unless the parties agree or a mandatory legal provision applies.

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ARTICLE 57 — SEVERABILITY

If any provision of these Terms and Conditions is declared null, illegal or unenforceable, the remaining provisions shall continue to apply to the fullest extent permitted by law.
 

ARTICLE 58 — GENERAL ACCEPTANCE

By making a booking, making payment or confirming a booking, the Guest acknowledges having had the opportunity, before concluding the contract, to read:

• the description of the booked service;

• its price;

• its conditions of performance;

• the cancellation conditions;

• these Terms and Conditions of Sale;

• and the house rules applicable to INDEPENDENCE.

Where the Guest books for several people, they undertake to bring this information to their attention.