Orient Express Sailing Yachts
General Terms and Conditions of Sale

Last update: 20/04/2026

O.E Management Company is a simplified joint stock company (société par actions simplifiée) under French law, registered with the Nanterre Trade and Companies Register under number 981 136 450, with its registered office at 82, rue Henri Farman - 92130 Issy-les-Moulineaux and with an intracommunity VAT number FR40981136450 (hereinafter referred to as "O.E Management Company").

O.E Management Company is registered with the "ATOUT FRANCE" register of travel agents and other holiday operators under number IM09224007. Its guarantor is GROUPAMA ASSURANCE-CREDIT & CAUTION, located at 3 Place Marcel Paul - 92000 Nanterre.

O.E Management Company publishes and operates the www.orient-express.com/en/sailing-yachts website (hereinafter the Website) (contact: contact@orient-express.com; Tel: (+33) 187212940). The Website can be used, among other things, to book all services relating to cruises on board sailboats operated under the Orient Express brand.
 

TourCo is a simplified joint stock company (société par actions simplifiée) under French law, registered with the Paris Trade and Companies Register under number 981 321 037, with its registered office at 6, rue Christophe Colomb, 75008 Paris, France, and with an intra-Community VAT number FR28981321037 (hereinafter referred to as "TourCo").

TourCo is registered with the "ATOUT FRANCE" register of travel agents and other holiday operators under number IM092250002. It is guaranteed by Groupama, 3 Place Marcel Paul 92000 Nanterre.


TourCo acts as an organiser and supplier of individual and group Trips as defined in articles L.211-1 et seq. of the French Tourism Code.

 

 

ARTICLE 1. General information

1.1 Definitions

For the purposes of these GTC, the following terms, whether singular or plural, shall have the meanings set out below:

Administrative FeeFixed amount of €500 (excl. VAT) per suite, applied in the event of cancellation or certain changes to the booking of a Trip. This fee is non-refundable but can be used for a new booking within one (1) year of the cancellation date. If they are not used within this period or if the new booking is cancelled, they will be lost for good. 
Administrative FeeFixed amount of €500 (excl. VAT) per suite, applied in the event of cancellation or certain changes to the booking of a Trip. This fee is non-refundable but can be used for a new booking within one (1) year of the cancellation date. If they are not used within this period or if the new booking is cancelled, they will be lost for good. 
Anti-Corruption and Anti-Money Laundering
Laws
Means all applicable laws, regulations, codes, orders, and sanctions relating to anti-bribery, anti-corruption, anti-money laundering, and the prevention of the financing of terrorism, including but not limited to the French Law No. 2016-1691 of 9 December 2016 (known as "Sapin II"), the U.S. Foreign Corrupt Practices Act (FCPA), the UK Bribery Act 2010, EU Directive 2015/849 (as amended), and any other equivalent legislation applicable in the jurisdictions relevant to the performance of the Sales Contract.
Call CentreRefers to the reservation and assistance centre for Travellers whose contact details are set out in article 1.3 of the GTC.
Family Voyage(s)Means selected Trips specifically designated by the Organiser as open to children aged between six (6) months and sixteen (16) years old, subject to limited capacity, suite eligibility, and special booking conditions. Family Voyages may include dedicated crew, babysitting services, and activities specifically curated for children, as further described in Appendix 4 (Children Policy).
Group Booking Means any reservation comprising six (6) or more suites on the same Trip, whether made by a single Traveller, a Travel Agency, or any third party acting on behalf of multiple Travellers, and which is expressly confirmed as a group booking by the Organiser or O.E Management Company.
GTCThese general terms and conditions of sale.
KYC Checks Means the know-your-customer due diligence checks conducted by O.E Management Company and/or the Organiser in respect of any Traveller or proposed transferee, including but not limited to identity verification, screening against applicable sanctions lists, Restrictive Measures, and any other checks required under applicable Anti-Corruption and Anti-Money Laundering Laws.
O.E Management CompanyO.E Management Company, the supplier of reservation and assistance services for the Traveller, in the name and on behalf of the Organiser.
Onboard CreditMeans the pre-paid credit applied immediately to the Traveller’s onboard account for the Trip in respect of the amount paid in accordance with its booking confirmation.
OperatorAll owners and operators of yachts, hotels and hospitality trains operating under the Orient Express brand. 
OrganiserTourCo or Silenseas, the organiser and supplier of the Travel Service(s) under the name "ORIENT EXPRESS SAILING YACHTS" and therefore responsible for the performance of the Trip.
Package Tour Within the meaning of article L.211-1 of the French Tourism Code, means a prior combination of at least two different tourist services (such as transport, accommodation, vehicle hire or other tourist services) sold or offered for sale at an overall price, for the same journey, lasting more than twenty-four (24) hours or including an overnight stay.
PartiesMeans collectively the Traveller and the Organiser, and "Party" means either one of them individually.
Personal DataAny information that directly or indirectly (through additional information) identifies a natural person.
Restrictive Measures Means any and all travel bans, trade or economic restrictions, prohibitions, embargoes, asset freezes, or sanctions of any kind imposed, administered, or enforced by any relevant governmental, supra-national, or international authority, including but not limited to those of the United States (including OFAC), France, the European Union, the United Kingdom, Switzerland, Canada, Australia, and the United Nations, as may be in force and amended from time to time.
Sales ContractThe contract for the sale of Travel Services consisting of (i) the Ticket Contract and (ii) these General Terms and Conditions of Sale (GTC), together with the booking confirmation.
Service ProviderMeans any natural person or legal entity, other than the Organiser, O.E Management Company or a Travel Agency, who provides one or more Travel Services, including, but not limited to, transport, accommodation, catering, guided tours, on-board or onshore stopover experiences.
Specific Terms and Conditions The Service Provider's general terms and conditions of sale.
Ticket ContractDescribes the terms and conditions that will apply between the Traveller and the Organiser with respect to the Trip.         Ticket Contract can be found: Orient-Express-Sailing-Yachts-Passenger-Ticket-Contract.pdf

Travel Agency 

Any travel agency duly authorised by the Organiser to market Travel Services to Travellers.
Travel Service Any service offered for sale by the Organiser, or indirectly by a Travel Agency, and relating to a cruise aboard a Yacht, including the Trip.
TravellerThe consumer within the meaning of the introductory article of the French Consumer Code (i.e. any natural person acting for purposes that do not fall within the scope of their commercial, industrial, craft, liberal or agricultural activity) or the legal entity that is not acting for professional purposes, who makes a reservation for a Trip, whose name and contact details appear on the Sales Contract and/or who benefits from the Trip, including persons in their care. 
Trip Individual or group Trip including transport by sea aboard a Yacht and related Travel Services.

Unavoidable and Extraordinary

Circumstances

A situation beyond the control of the party invoking the situation, the consequences of which could not have been avoided even if all reasonable measures had been taken, in accordance with article L.211-14 II of the French Tourism Code.

Traveller is informed that these circumstances do not include the traveller becoming a sanctioned person.

WebsiteThe website www.orient-express.com/en/sailing-yachts on which Travellers can book their Trip. 
YachtA sailboat operating under the Orient Express brand on which the Traveller may cruise, as well as any substituted vessel used in the performance of the Sales Contract. 

 

1.2 Preamble

Under these GTC, TourCo act as Organiser of individual and group Trips as defined in articles L.211-1 et seq. of the French Tourism Code.

O.E Management Company acts as supplier of reservation and assistance services for the Traveller, in the name and on behalf of the Organiser.

It should be noted that the contractual relationship created by the Trip binds the Traveller directly to the Organiser, with the result that, with the exception of the obligations arising from these GTC and the Ticket Contract, O.E Management Company is not a contracting party to the Trip. In this context and with regard to European VAT, it is specified that O.E Management Company acts as a transparent intermediary for tax purposes, which means that the company acts in the name and on behalf of the Organiser with regard to the Traveller in the context of the marketing of travel services.

O.E Management Company will provide the Traveller with the reservation and assistance service governed by these GTC. The price of the reservation and assistance service is included in the price of the Trip as an ancillary service of the Trip.

The Website content, brochures, the quotation and/or offer, the Ticket Contract, and these GTC constitute the pre-contractual information referred to in Article R.211-4 of the French Tourism Code. They are communicated to the Traveller before any commitment by the Traveller for themselves and the other Travellers covered by the Ticket Contract and are intended to inform the Traveller in advance of the services offered (transport and accommodation), insurance arrangements, cancellation and amendment terms, prices and payment methods, and border-crossing requirements.

Pursuant to Articles L.211-9 and R.211-5 of the French Tourism Code, the Traveller expressly agrees that O.E Management Company and/or the Organiser may update the pre-contractual information provided to the Traveller. Any such changes will be notified to the Traveller in a clear, understandable and prominent manner prior to the Sales Contract being concluded.

 

 

1.3 Contact

The Traveller agrees that, throughout the booking procedure and prior to the Trip, O.E Management Company is his/her only point of contact. During the Trip, the Traveller's point of contact will be the Organiser. At the end of the Trip, the Traveller may contact the Organiser and/or O.E Management Company.

 

The contact details for OrganiserO.E Management Company and the Organiser are as follows:

 

O.E MANAGEMENT COMPANY: Call Centre

 

By e-mail: reservations.sailingyachts@orient-express.com or groups.sailingyachts@orient-express.com

 

By telephone on the following numbers, 24/7: 

  • Canada & United States: +1 888-595-0930 

  • France: +33 (0)1 87 21 34 50 

  • Other countries: +44 (0)2 081 639 430 

     

By post to the following address O.E Management Company, Customer Contact Centre, 82 rue Henri Farman, CS 20077, 92130 Issy-les-Moulineaux. 

 

TOURCO:

 

By post to the following address TOURCO, 6 rue Christophe Colomb, 75008 Paris 

 

 

1.4 Scope of the GTC

The purpose of the GTC is to define the terms and conditions for the booking and purchase of the Trip by the Traveller. 

 

The Trip offers are intended exclusively for the Traveller as defined in article 1 of the GTC.

 

 

 

1.5 Amendments to the GTC 

O.E Management Company and/or the Organiser reserve the right to modify the information on the Website and these GTC.

 

The Traveller is hereby informed that these GTC may be amended from time to time. 

 

The amendment will only take effect for Sales Contracts concluded after the amendment, unless the amendment is the result of an obligation imposed by an immediately applicable mandatory law.

 

 

 

1.6 Acceptance of the GTC and conclusion of the Sales Contract

 

The Traveller declares that he/she has read and accepted the GTC and its appendices and the Ticket Contract. 

 

By proceeding with the reservation, the Traveller making the reservation expressly confirms, agrees, and warrants that all individuals named in the booking request and on the corresponding invoice have read, understood, and agreed to be bound by the present GTC and by the Ticket Contract. The Traveller further represents and warrants that they have full authority to accept and bind all such persons to these GTC and to the Ticket Contract on their behalf.

 

Subject to the availability of the Travel Services, all of these documents constitute the conclusion of the Sales Contract, a copy of which is given to the Traveller for signature. 

 

In the event of any conflict between the GTC and the Ticket Contract, the latter shall prevail. 

 

Accordingly, the Traveller may not invoke any failure on the part of O.E Management Company and/or the Organiser due to alleged non-performance or improper performance of a Trip and/or a Travel Service as a result of not being aware of these GTC.

 

 

ARTICLE 2. Trips

 

2.1 Description of the Travel Services

O.E Management Company, via the Website or the Call Centre or, where applicable, the Travel Agency, presents the Travel Services to the Traveller prior to the conclusion of the Sales Contract, and in particular: 

 

  1. The main characteristics of the Travel Services: destinations, itinerary, periods of stay, dates and number of nights, characteristics and categories of transport, dates and times of departure and return, duration and place of stopovers and connections (if the exact time is not fixed, the Call Centre (or the Travel Agency) will inform the Traveller of the approximate time); location, characteristics and tourist category of the accommodation; meals provided; visits, experiences on board and/or on shore at stopovers or other services included in the total price; if the Travel Services are provided in a group, approximate size of the group; language of the Travel Services requiring effective verbal communication; adaptation of the Trip for persons with reduced mobility and specific information on request.

     

  2. The company name and geographical address of O.E Management Company and the Organiser or the Travel Agency and the Service Provider(s), as well as their telephone numbers and, if applicable, e-mail addresses;

     

  3. The total price including taxes, port charges and, where applicable, all additional fees, charges or other costs, or, when these cannot be reasonably calculated before the conclusion of the Sales Contract, an indication of the type of additional costs that the Traveller may still have to bear;

     

  4. The payment details, including the amount or percentage of the price to be paid as a deposit and the schedule for payment of the balance, or the financial guarantees to be paid or provided by the Traveller;

     

  5. The minimum number of persons required for the Trip to take place and the deadline mentioned in III of article L.211-14 of the French Tourism Code preceding the start of the Trip for any cancellation of the Sales Contract in case the minimum number is not met;

     

  6. General information on passport and visa requirements, including the approximate time needed to obtain a visa, as well as information on health formalities in the country of destination.

 

 

This information on the Travel Services is provided for information purposes only and may be subject to change at any time prior to the conclusion of the Sales Contract in accordance with the provisions of article L.211-9 of the French Tourism Code.

 

 

2.2 Availability of Travel Services 

  1. Availability

The Trips offered are subject to availability. The conclusion of the Sales Contract by the Traveller “subject to availability” does not constitute a firm offer by O.E Management Company (or where applicable by the Travel Agency) at the prices and conditions set out in the Ticket Contract.

 

The Traveller is informed that if O.E Management Company (or the Travel Agency) queries the Service Providers and updates their offers in real time, it is possible, given the large number of requests received by the Service Providers, that between the time of the conclusion of the Sales Contract and the transmission of the information to the Service Provider in question, the Travel Service may no longer be available from this Service Provider or at different price conditions.

 

The Traveller is informed that bookings made up to 8 days to the departure date of the Trip may be accepted, subject to availability. However, due to the operational and logistical constraints inherent in the preparation of the Trip and the Travel Services, the Organiser and/or O.E Management Company shall not be in a position to guarantee that all specific requests of the Traveller (including, but not limited to, special dietary requirements, accessibility arrangements, specific suite preferences, or onboard or onshore experiences) can be accommodated. The Organiser and/or O.E Management Company shall use reasonable efforts to fulfil such requests but shall incur no liability whatsoever in the event that they cannot be met in whole or in part.

 

  1. Family Voyages

Travellers must inform the Call Centre at the time of booking of any children who will be travelling. Children are accepted on board the Yacht from six (6) months of age, provided that the Trip takes place during one of the designated Family Voyages, as published by the Organiser. For babies (from 6 months to 2 years old), the presence of a dedicated babysitter throughout the duration of the Trip is mandatory and must be arranged by the Traveller at the time of booking. The Organiser reserves the right to refuse embarkation of any child who does not meet the foregoing conditions. The Organiser further reserves the right to limit the number of children on board and may require completion of a specific form for minors, which must be submitted prior to sailing.

 

  1. Disabled persons and persons with reduced mobility

Reservations from disabled persons and persons with reduced mobility shall be accepted on equal terms with those of other Travellers. The Organiser and/or O.E Management Company may only refuse a reservation, refuse to issue a ticket, or refuse embarkation of a disabled person or person with reduced mobility where such refusal is strictly necessary in order to meet applicable safety requirements established by international law, Union law or national law, or where the design of the Yacht or port infrastructure and equipment renders the safe embarkation, disembarkation or carriage of such person physically impossible. In such cases, the Organiser and/or O.E Management Company shall deploy reasonable efforts to propose an acceptable alternative to the person concerned and shall, upon request, inform the person in writing of the reasons for such refusal within five (5) working days of the refusal. Where the presence of an accompanying person is required for safety reasons, such accompanying person shall be carried free of charge in accordance with Regulation (EU) No 1177/2010. The Traveller is requested to notify the Call Centre at the time of booking of any disability or reduced mobility requiring assistance, together with any relevant medical documentation, in order to enable the Organiser to make appropriate arrangements.

 

  1. Dietary requirements and medical conditions

The Traveller is requested to inform the Call Centre (at least thirty (30) calendar days prior to departure) of any special dietary requirements. The Traveller is informed that due to the constraints of the Trip and/or Travel Services, it will not always be possible to offer a different meal and that under no circumstances can the Organiser and/or O.E Management Company be held liable for any consequences arising from failure to comply with specific dietary requirements.

In order to ensure a level of service commensurate with an exclusive premium yacht experience, the Traveller shall notify the Call Centre at the time of booking, who will then inform the Organiser, of any medical condition which may require treatment or assistance on board (including, but not limited to, assistance using toilet facilities, assistance getting up and going to bed, medication administered by injection other than for well-managed diabetes), any allergy (including food allergy) or any disability or reduced mobility/sensory impairment.

 

  1. Animals on board

Save as expressly provided below, no pets or animals of any kind are permitted on board the Yacht. Only certified service dogs - being dogs that have received specialised training from a recognised organisation to perform specific tasks directly related to their handler's disability (including, without limitation, guide dogs for the visually impaired, mobility assistance dogs, and medical alert dogs) - shall be permitted on board, subject to strict compliance with the conditions set out herein. For the avoidance of doubt, emotional support animals, comfort animals, and any animals that have not received such specialised task-specific training shall not be considered certified service dogs and shall not be permitted on board the Yacht under any circumstances.

 

Any Traveller wishing to embark a certified service dog on board the Yacht must provide the following documentation to the Call Centre no later than thirty (30) calendar days prior to the departure date of the Trip:

  • a service animal certification, being an official document issued by a recognised training organisation attesting that the dog has been specifically trained and certified as a service dog for the purposes of assisting a person with a disability. A letter from a physician or other healthcare professional shall not, of itself, constitute sufficient certification;

  • an up-to-date veterinary certificate, including proof of mandatory rabies vaccination and a certificate of good health issued by a licensed veterinarian no more than ten (10) calendar days prior to the date of embarkation;

  • an EU Pet Passport (or equivalent pet passport) in compliance with Regulation (EU) No 576/2013 for intra-EU itineraries, or an equivalent international health certificate (such as USDA Form 7001 or its equivalent) for non-EU Travellers or non-EU itineraries, as applicable to the ports of call on the relevant Trip;

  • a medical certificate issued by a qualified medical practitioner confirming the Traveller's disability and the medical necessity of the certified service dog in connection therewith; and

  • proof of valid liability insurance covering any and all damage, loss, or injury that may be caused by the certified service dog during the Trip, including damage to the Yacht, its furnishings and equipment, and any harm to other Travellers, crew members, or third parties.

 

Where a certified service dog is permitted on board the Yacht, the Traveller must book a suite with a balcony. The Traveller shall be solely responsible and liable for any and all damage, loss, injury, or nuisance caused by such certified service dog during the Trip, including but not limited to damage to the Yacht, its furnishings and equipment, and any harm to other Travellers, crew members, or third parties. The Traveller acknowledges and agrees that the crew and personnel on board the Yacht shall not be responsible for the care, feeding, or supervision of any certified service dog.

 

Numerous ports of call impose strict entry requirements for animals, including but not limited to additional veterinary health certificates, quarantine obligations, and import permits. The Traveller shall be solely responsible for ensuring that any certified service dog complies with all applicable laws, regulations, and entry requirements of each destination on the itinerary. Neither the Organiser nor O.E Management Company shall bear any responsibility or liability whatsoever in the event that the Traveller is unable to embark or disembark the Yacht, go ashore, or visit any port of call as a result of the Traveller's failure to comply with any such entry requirements.

Notification of the presence of a certified service dog must be provided in writing to the Call Centre no later than thirty (30) calendar days prior to the departure date of the Trip, by contacting the Call Centre using the contact details specified in article 1.3 of the GTC. Failure to provide such prior notification or to produce any of the documentation required under this article may result in the refusal of embarkation of the certified service dog; however, the Traveller shall in all cases retain the right to embark and undertake the Trip without the certified service dog. In the event that embarkation of the certified service dog is refused due to incomplete documentation or late notification, the Organiser and O.E Management Company shall not be liable for any loss, inconvenience, or additional costs incurred by the Traveller as a direct consequence of the absence of the certified service dog during the Trip. For the avoidance of doubt, should the Traveller elect not to embark on the Trip as a result of the refusal of embarkation of the certified service dog, the Traveller shall not be entitled to any refund, compensation, or indemnity of any kind whatsoever in respect of the Trip.

 

 

ARTICLE 3. Financial conditions

 

3.1 Applicable price

The prices of the Trips offered to the Traveller are provided by the Call Centre (or the Travel Agency). 

 

Prices are quoted in euros, inclusive of all taxes and port charges, and are per suite. Booking payments are made in euros.  Should guests request a refund please note, depending on your banking institution, refunds may take up to seven (7) to ten (10) business days to process.  Additionally, due to currency fluctuations, the Organiser and/or O.E Management Company are not responsible for rate changes which may occur.

Prices are provided for information purposes only and may be changed at any time prior to the conclusion of the Sales Contract. 

 

In such a case, the Call Centre (or the Travel Agency) will inform the Traveller prior to the conclusion of the Sales Contract.

 

The Traveller shall not be entitled to dispute the price or make any claim in this respect if a promotional price is introduced after the date on which the Sales Contract is concluded. Accordingly, the Organiser and O.E Management Company will not respond to any request for refund in this case.

 

Prices also take into account transport time from the time of collection from the airport on the day of departure to the time of embarkation. It is therefore possible that the first day will be entirely devoted to transport.

 

The following - without this list being exhaustive - are not included in the prices: any visa fees and tourist taxes as well as any taxes applicable to the accommodation services payable directly to the Service Provider, any additional meals taken by the Traveller which are not included in the chosen accommodation package, Travel Services available on site and, more generally, any service to which the Organiser has not committed itself in writing.

 

The reduced rate of VAT applies to the transport of Travellers, regardless of the mode of transport used (French General Tax Code, art. 279-b quater). VAT exemption applies if the journeys meet the required conditions (French General Tax Code, art. 262, II, 8°). The rate of VAT applicable on the date of booking is included in the prices, and any change in the applicable rate of VAT shall be automatically reflected in the price as invoiced. Any modification of statutory or regulatory taxes or the introduction of new taxes (including, without limitation, VAT), as well as the issuance of interpretations or guidance by the competent authorities, shall likewise be automatically passed on and reflected in the price applicable on the booking confirmation date.

 

 

3.2 Payment details

The payment details for Trips are determined by the Call Centre (or the Travel Agency) which will provide these details to the Traveller. 

 

This includes, inter alia, details of payment deadlines, i.e. the dates and amounts of payments to be made to confirm the conclusion of the Sales Contract for the Trip. 

 

Reservations may be held for a maximum of three (3) calendar days before a deposit is required. If the deposit is not received by the end of this period, the booking will be automatically cancelled.

 

Unless otherwise specified in the Ticket Contract, to confirm a booking, a deposit of twenty-five per cent (25%) of the total price of the Trip is required if the booking is made more than one hundred and twenty (120) calendar days before the departure date. Unless otherwise specified in the Ticket Contract or for group bookings, the balance must be paid no later than one hundred and twenty (120) calendar days before the departure date of the Trip. Any booking made less than or equal to one hundred and twenty (120) calendar days before the departure date of the Trip must be paid in full at the time of booking. For group bookings, the balance shall be paid not later than one hundred and eighty (180) calendar days before the departure date of the Trip.

Bookings may be cancelled if the balance is not paid by the required date.

 

Unless otherwise specified in the Ticket Contract, if the Traveller wishes to cancel his/her booking, he/she must contact the Call Centre. If a cancellation request is received more than one hundred and twenty (120) calendar days before the departure date of the Trip and if a deposit has already been paid, a full refund will be made, less the Administrative Fee. Any cancellation of the Trip by the Traveller made on or less than one hundred and twenty (120) calendar days before the departure date shall be subject to cancellation fees as set out in article 4.3 of the GTC.

 

The Administrative Fee is non-refundable, but may be applied to a new booking within one (1) year of the cancellation date. This fee can only be applied to one (1) new reservation. If the Administrative Fee is not reused within the allotted time or if the new booking is subsequently cancelled, it will be forfeited.

 

Payments can be made directly by the Traveller using an American Express, Visa or MasterCard credit card, or by bank transfer. Once payment has been registered for the booking, the currency cannot be changed. Refunds will be made in the original currency and method of payment.

 

 

3.3 Price adjustment

The price of the Trip may be adjusted upwards or downwards by notifying the Traveller, up to twenty (20) calendar days prior to the departure date specified in the Sales Contract, of the justification for the calculation, on a durable medium, to take account of changes in:

 

  1. the cost of transporting Travellers as a result of the cost of fuel or other energy sources;

  2. the level of taxes or fees on Travel Services imposed by a third party not directly involved in the performance of the Travel Service and port embarkation and disembarkation fees;

  3. the exchange rates applied to the Trip in question. 

     

For any increase in excess of 8%, the Traveller will be informed as soon as possible in a clear, comprehensible and visible manner using a durable medium.

 

In any event, if the increase in the price of the Trip exceeds 8%, the Traveller is entitled to:

 

  1. either accept the modification;

  2. or terminate the Sales Contract without paying any cancellation fees under the conditions set out in article 4.3 of the GTC. 

 

 

3.4 Onboard Credit

If applicable, Onboard Credit may be applied to any charges posted to the onboard account during the Trip (e.g., beverages, dining, retail, onboard or shoreside experiences billed onboard), including fees, gratuities and/or service charges.

 

The total amount of Onboard Credit purchased must be used on a single Trip and only for that Trip; it cannot be carried over, credited or transferred to a later booking. Any unused balance at disembarkation will be forfeited.

 

Onboard Credit cannot be redeemed for cash, bears no interest and is non-refundable, in whole or in part, including in case of non-use or expiry, except where mandatory law requires otherwise. It is non-assignable and non-transferable to any other traveller or to any future booking and may not be sold.

 

 

ARTICLE 4. Booking Modifications and Cancellation of the Trip

 

4.1 Modifications to the Trip at the Traveller's Request

Any request by the Traveller to make changes to the Trip (e.g. additional nights or journey, experiences, transfers etc.) prior to the start of the Trip shall be subject to the prior consent of O.E Management Company and may give rise to a change fee as set out, depending on the date of the change in relation to the start date of the Trip.  The Organiser shall respond to the Traveller in writing within a reasonable time, indicating whether such changes are feasible and, if so, setting out the terms, conditions, and consequences of such changes. For the avoidance of doubt, the Organiser shall be under no obligation to implement, procure, or agree to any such changes.

 

Experiences on board or ashore at stopovers may require a minimum number of participants. In the event of a change, the Traveller will not be entitled to claim any compensation. 

 

Up to one hundred and twenty-one (121) calendar days before the date of departure of the Trip, a first initial change of Trip may be authorised free of charge; a second change within the same period may be authorised subject to the payment by the Traveller of the Administrative Fee. Any other change to the Trip or any change requested less than one hundred and twenty (120) calendar days before the departure date of the Trip will be considered as a cancellation by the Traveller and will be subject to the charges applicable in article 4.3 below. In such case, the Traveller will be refunded if applicable and will need to make a new booking.

 

4.2 Cancellation of a Trip at the Traveller's request 

The Traveller may cancel the Sales Contract at any time prior to the commencement of the Trip.

 

Cancellation of Travel Services by the Traveller prior to departure justifies the payment of cancellation fees, which are higher the closer the departure date. These cancellation fees are set out in article 4.3 of these GTC.

 

However, these cancellation charges are not payable if Unavoidable and Extraordinary Circumstances occur at or in the immediate vicinity of the destination and have a significant impact on the performance of the Trip. In such a case, the Traveller will be entitled to a full refund of the payments made by him/her for the reservation of a Package Tour, to the exclusion of any other compensation.

 

For any cancellation request and whatever the reason, the Traveller is invited to contact the Call Centre using the contact details specified in article 1.3 of the GTC (or his/her Travel Agency).

 

In the event of cancellation by the Traveller, and where applicable after deduction of the amounts due (taxes, cancellation fees and insurance), all amounts previously paid will be refunded to the Traveller within a reasonable period and at the latest within fourteen (14) calendar days after notification of cancellation being received by the Call Centre.

 

Pursuant to Article L. 221-28, 12° of the French Consumer Code and upon conclusion of the Sales Contract, the Traveller shall not benefit from any right of withdrawal (droit de retractation), including in the context of a distance sale.

 

 

4.3 Cancellation fees

In the event of cancellation by the Traveller, the amounts paid will be refunded after deduction of the amounts specified in the GTC depending on the date of cancellation in relation to the date of commencement of the Trip.

 

  1. Individual bookings (non-group)

 

Subject to the contrary indicated in the booking confirmation, the cancellation fees are the following:

 

  1. More than 121 calendar days before departure: no cancellation fees applicable subject to the payment of the Administrative Fee.

  2. From 120 to 91 calendar days before departure: 25% of the total cost of the Trip

  3. From 90 to 61 calendar days before departure: 50% of the total cost of the Trip.

  4. From 60 to 31 calendar days before departure: 75 % of the total cost of the Trip.

  5. Less than 30 calendar days before departure: 100 % of the total cost of the Trip.

     

  6. Group bookings (applicable to reservations made as part of a group)

 

Subject to the contrary indicated in the booking confirmation, the cancellation fees are the following and are only applicable for groups:

 

  1. More than 181 calendar days before departure: no cancellation fees applicable subject to the payment of the Administrative Fee

  2. From 180 to 121 calendar days before departure: 25% of the total cost of the Trip;

  3. From 120 to 91 calendar days before departure: 50% of the total cost of the Trip;

  4. From 90 to 61 calendar days before departure: 75% of the total cost of the Trip

  5. Less than 60 calendar days before departure: 100% of the total cost of the Trip.

 

 

4.4 Modification of a Trip by the Organiser

The Organiser reserves the right to unilaterally modify the Trip and/or the Travel Services prior to the commencement of the Trip, provided that said modification is minor (in particular departure and arrival times, stopovers, on-board menus). In such a case, the Organiser will inform the Traveller as soon as possible.

 

In application of articles L.211-13 and R.211-9 of the French Tourism Code, if, prior to the Traveller's departure, compliance with one of the essential elements of the Sales Contract is made impossible as a result of an external event, or in the event of a significant price increase of more than 8%, or if the Organiser is unable to meet the specific requirements mentioned in 1° of article R.211-6 of the French Tourism Code, the Organiser, via O.E Management Company, will notify the Traveller as soon as possible by e-mail and inform him/her of the possibility of either to:

 

  1. Accept the modification or the substitute Travel Service offered by the Organiser. If the payment already made by the Traveller exceeds the price of the modified Travel Service, the Organiser will refund the excess to the Traveller before the departure date.

  2. Cancel the Sales Contract and obtain, without penalty, a full refund of the amounts paid no later than fourteen (14) calendar days after the cancellation, as well as compensation at least equal to the penalty that would have been paid if the cancellation had occurred on that date, in accordance with article R.211-10 of the French Tourism Code, unless these changes are due to Unavoidable and Extraordinary Circumstances. 

 

The Traveller must make his/her choice known within a maximum of eight (8) calendar days from the date of the notification. If no reply is received within this period, the Sales Contract shall be deemed terminated and the Traveller shall be entitled to a refund in accordance with the conditions set out in article 4.4(ii) above.

 

 

 

4.5 Cancellation of a Trip by the Organiser

The Organiser may cancel a Trip by notice in writing to the Traveller. In such circumstances, the Organiser shall use its best efforts to propose a postponement or modification of the Trip in lieu of cancellation and reimbursement of the Sales Contract. The provisions of article 4.4 shall then apply to such proposal.

 

Subject to the provisions below, in the event of the cancellation of the Sales Contract by the Organiser, or if the Sales Contract is cancelled following refusal (or deemed refusal) of a postponement or modification of the Trip by the Traveller, the Traveller shall be entitled, as soon as possible and in any event no later than fourteen (14) calendar days after the date of cancellation, to a refund of all amounts already paid as well as compensation equal to the penalty that the Traveller would have incurred if the cancellation had been made by him/her on that date.

 

Nevertheless, the Organiser reserves the right to cancel the Trip and to terminate the Sales Contract, without any additional compensation being due to the Traveller:

 

  1. In the event of Unavoidable and Extraordinary Circumstances preventing the performance of the Trip and/or Travel Services in accordance with the terms of the Sales Contract. In this case, the Organiser via O.E Management Company will then notify the Traveller of the cancellation as soon as possible before the start of the Trip;

  2. If the number of participants registered for the Trip is less or equal to 50% of the passenger capacity of the Yacht. In this case, the Organiser, via O.E Management Company, will notify the Traveller of the termination of the Sales Contract within the following deadlines:

 

  • No later than twenty (20) calendar days before the start of the Trip if it lasts more than six (6) calendar days;

  • No later than seven (7) calendar days before the start of the Trip if it lasts between two (2) and six (6) calendar days;

  • No later than forty-eight (48) hours before the start of the Trip if it lasts two (2) calendar days or less.

 

In such events, the Organiser may, by written notice to the Traveller, propose a postponement or modification of the Trip in lieu of cancellation and reimbursement of the Sales Contract. The article 4.4 is therefore applicable.

 

 

 

ARTICLE 5. Transfer of the Sales Contract

 

In accordance with articles L.211-11 and R.211-7 of the French Tourism Code, but subject to the below provisions, the Traveller may validly transfer the Sales Contract to a third party, provided that he/she informs the Call Centre as soon as possible and no later than seven (7) calendar days prior to the commencement of the Trip. This information must take the form of a notification on a durable medium sent to the Call Centre at the address mentioned in article 1.3 of the GTC, specifying the name(s) and address(es) of the transferee Traveller(s) (and if different, of the new Traveller(s)) and proving that they meet the same conditions for making the Trip.

 

The Call Centre shall inform the Traveller that the cost of transferring the Trip is the Administrative Fee and it will provide the Traveller with proof of   the costs, fees and other additional costs incurred by such transfer. For the avoidance of doubt, the first transfer of the Trip and the change of name due to a spelling mistake shall not result in any additional costs.

 

The transferring Traveller shall also pay any costs incurred by the transfer and invoiced to the Organiser by the Service Providers. 

 

The transferor and the transferee are jointly and severally liable for payment of the balance of the price as well as any additional charges, fees or other costs incurred.

 

O.E Management Company shall be entitled to make appropriate know-your-customer checks (the “KYC Checks”) in respect of proposed transferee by the transferring Traveller and to that effect to make any additional information request to the Traveller or directly to the transferee. The transfer shall therefore be strictly conditional upon O.E. Management Company clearing the KYC Checks on the proposed transferee and confirming that proposed transferee is acceptable for KYC purpose.

 

Further to KYC Checks, O.E Management Company shall have the right to reject any proposed transferee who does not comply with the eligibility criteria set forth in the Sales Contract.

 

ARTICLE 6. Liability 

6.1 Liability of the Organiser and O.E Management Company for Trips.

The Organiser and O.E Management Company are fully liable for the proper performance of the obligations arising from the Package Tour within the meaning of article L.211-16-I of the French Tourism Code.

 

In application of article L.211-16-I of the French Tourism Code, the Organiser and/or O.E Management Company may not be held liable under any circumstances:

 

  1. in the event of non-performance or improper performance of the Sales Contract on the part of the Traveller, the unforeseeable or insurmountable act of a third party unrelated to the provision of the Travel Services or in the event of Unavoidable and Extraordinary Circumstances;

  2. for any excursion, vehicle rental, sporting activity, visit or other activity carried out by an intermediary or Service Provider chosen directly by the Traveller without any involvement of the Organiser or O.E Management Company.

 

To the extent that EU regulations and international conventions may circumscribe the conditions under which compensation is payable by a Service Provider providing a Travel Service included in a Trip, or limit the extent of such compensation, the same limitations shall apply to the Organiser and O.E Management Company.

 

Except in the cases governed by international conventions which shall then apply to determine the Organiser's and/or O.E. Management Company’s liability, the liability of the Organiser and/or O.E Management Company for damages shall be limited to three (3) times the total price of the Trip, provided that this limitation does not apply to personal injury or loss caused intentionally or by gross negligence on the part of the Organiser and/or O.E Management Company.

 

O.E Management Company undertakes, as part of an obligation of means, to provide access to the Website and to the booking services offered in accordance with these GTC, to act with diligence and competence, and to take all reasonable steps to remedy any malfunction that may be brought to its attention.

 

The rights to compensation or price reduction under the above provisions are without prejudice to the rights of Travellers under Regulation (EC) No 261/2004, Regulation (EC) No 392/2009, Regulation (EU) No 1177/2010, Regulation (EU) No 181/2011, Regulation (EU) No 2021/782 and international conventions. 

 

 

6.1.1 Non-Compliance with a Travel Service

The Traveller shall, upon becoming aware of any non-compliance in the performance of the Travel Services, promptly notify O.E Management Company in writing (or, where applicable, the Travel Agency, which shall in turn inform O.E Management Company without delay). Any complaint relating to a Travel Service shall be submitted in writing and accompanied by all relevant supporting documents. Complaints shall be assessed solely on the basis of the contractual obligations set out in the Sales Contract; subjective assessments shall not be taken into consideration.

 

In any event, O.E Management Company undertakes to attempt to remedy the non-compliance, unless this: 

  1. is impossible; or

  2. results in disproportionate costs, taking into account the extent of the non-compliance and the value of the Travel Service(s). 

 

Subject to the cases mentioned above, if it is not possible to remedy the non-compliance within the reasonable period set by the Traveller or if the Traveller refuses to accept this or if an immediate solution is required, the Traveller may:

 

  1. remedy the situation himself/herself and claim reimbursement of the necessary and reasonable expenses incurred within the meaning of Directive (EU) 2015/2302, including but not limited to substitute accommodation, substitute transport, and essential catering;

  2. request a price reduction and, in the event of separate damage, compensation for the loss suffered in accordance with article L.211-17 of the French Tourism Code. 

     

 

6.1.2 Failure to perform a significant part of the Travel Services

If a significant part of the Travel Services cannot be provided as set out in the Sales Contract, O.E Management Company will offer, at no extra charge, other appropriate services, if possible of equal or superior quality to those set out in the Sales Contract, for the continuation of the Sales Contract, including if the Traveller's return to his/her place of departure is not provided as agreed.

 

If the substitute services offered are of inferior quality to those initially planned, the Traveller may request an appropriate price reduction. The Traveller may only refuse the other services offered if they are not comparable to those initially planned or if the price reduction granted is not appropriate. 

 

 

6.1.3 Non-Compliance Considerably Affecting the Performance of the Trip

If a non-compliance significantly disrupts the performance of a Travel Service and is not remedied within a reasonable period set by the Traveller, the latter may cancel the Sales Contract without paying any cancellation fees and request, where applicable, a price reduction and, in the event of separate loss, compensation for the separate loss in accordance with article L.211-17 of the French Tourism Code. 

 

If it proves impossible to offer other Travel Services or if the Traveller refuses the other Travel Services offered, the Traveller is entitled, if applicable, to a price reduction and, in the event of separate loss, to compensation in accordance with article L.211-17, without cancellation of the Sales Contract.

 

If the Sales Contract includes a transport service, the Organiser or O.E Management Company (or the Travel Agency) will also provide the Traveller, in the cases mentioned in the two preceding paragraphs, with repatriation by an equivalent means of transport, as soon as possible given the circumstances of the case and at no additional cost to the Traveller.

 

 

6.1.4 Impossibility of ensuring the Traveller's return under the conditions provided for in the Sales Contract in the event of Unavoidable and Extraordinary Circumstances

If it is impossible, due to Unavoidable and Extraordinary Circumstances, to ensure the return of the Traveller to the port of arrival as provided for in the Sales Contract, the Organiser or O.E Management Company will bear the costs of the necessary accommodation, if possible of an equivalent category, for a maximum period of three (3) nights per Traveller, unless longer periods are provided for by EU legislation on Travellers' rights applicable to the means of transport concerned for the return of the Traveller.

 

This limitation of costs does not apply to persons with reduced mobility, accompanying persons, pregnant women and unaccompanied minors, nor to persons requiring specific medical assistance, provided that the Organiser or O.E Management Company has been notified of their particular needs at least forty-eight (48) hours prior to the commencement of the Sales Contract.

 

The Organiser or O.E Management Company may not invoke Unavoidable and Extraordinary Circumstances to limit its liability in this respect if the Service Provider in question cannot itself invoke such circumstances. 

 

 

ARTICLE 7. Insurance

 

7.1 Professional liability insurance for the Organiser and O.E Management Company

The Organiser has taken out a policy with GENERALI IARD (policy no. AV611010) covering the financial consequences of its professional liability.

 

This insurance only covers the Organiser's liability as a travel professional and in no way replaces the insurance cover that each Traveller must take out individually and voluntarily.

 

 

7.2 Assistance 

To meet its assistance obligations, the Organiser has taken out an assistance policy to ensure that all passengers are covered during their cruise with:

 

ALLIANZ PARTNERS, Eurosquare 2, 7 rue Dora Maar, 93400 St Ouen

 

The following covers are therefore provided: 

 

  1. Emergency evacuation and medical repatriation: If you suffer an illness, accident or health problem during your Trip and your state of health requires you to be transported, we will organise and pay for your emergency evacuation and/or medical repatriation to the nearest suitable medical establishment or to your home. These costs are covered on an actual cost basis (frais réels).

  2. In the event of hospitalisation: a return ticket will be provided so that a close relative can be at your bedside (transport au chevet), covered on an actual cost basis (frais réels). The accommodation costs of the accompanying person will also be covered, up to a maximum of €500 per night per person for a maximum of ten (10) nights. The return of dependants shall be covered on an actual cost basis (frais réels).

  3. Emergency medical expenses: if you fall ill or are the victim of an accident during your Trip, you will be reimbursed for your medical, surgical and pharmaceutical expenses up to a maximum of €150,000. Emergency dental expenses shall be reimbursed up to a maximum of €250. This cover is in addition to Social Security, mutual insurance or private insurance.

  4. In the event of death: the assistance provider organises and pays for the cost of transporting the body and funeral expenses, covered on an actual cost basis (frais réels). Search and rescue: search and rescue costs are covered up to a maximum of €4,500.

  5. Travel services during the Trip: the assistance provider offers information and support services during the Trip, including assistance in locating the nearest hospital and assistance in the event of loss of travel documents. These services are provided at no additional cost.

 

7.3 Travel Insurance

Travellers are strongly advised to take out insurance covering the amounts paid or due under Sales Contracts in the event of cancellation on their initiative in certain cases specified by the insurer.

 

 

ARTICLE 8. Travel Sanctions and Regulations

 

8.1 Compliance with regulations and business ethics

Should the Organiser and/or O.E Management Company receive sufficient indications that the Traveller is in breach with the applicable standards of international laws relating to fundamental human rights, non-discrimination, sanctions, embargos, arms and drugs trafficking, travel bans, trade, import and export licences and customs, health and safety of staff and third parties, immigration and ban on illegal work, environmental protection, cyber security and data protection, economic offences, fraud and influence peddling, the fight against money laundering and terrorism financing, the Organiser may terminate the Sales Contract with prior written notice, and keep any sum received from the Traveller. The Traveller will not be entitled to claim any damages, refund, termination fee of any kind, and shall indemnify and hold harmless the Organiser from and against any and all losses, damages, liabilities, costs, and expenses.

 

 

8.2 Economic sanctions

The Traveller represents and warrants that he/she is not subject to and will comply with all applicable travel bans, trade or economic restrictions, prohibition, or sanctions of any kind imposed by any relevant authority, including but not limited to those of the United States, France, the European Union, the United Kingdom, Switzerland, and the United Nations (“Restrictive Measures”).

 

The Organiser represents and warrants that itself and the Yacht are not subject to and will comply with the Restrictive Measures.

 

For the purpose of this clause a “sanctioned entity” is defined as any entity (being an individual, legal person, vessel, association or government) who or which: (a) is directly or indirectly subject to Restrictive Measures; or (b) is located (i.e. having its residence) in a country subject to Restrictive Measures generally or (c) is connected to any entity who is subject to Restrictive Measures or is owned or controlled, directly or indirectly, by any entity who is subject to Restrictive Measures.

 

The Traveller shall not engage in any transaction with a sanctioned entity and/or involving a sanctioned entity, directly or indirectly, in each case, in connection with the performance and/or the benefit of the Sales Contract. The Traveller must immediately notify O.E Management Company in writing if she/he becomes identified as a sanctioned entity by any governmental or extra-governmental authority or agency administering Restrictive Measures.

 

If it is determined that any Restrictive Measures render the performance of this Sales Contract unlawful – including without limitation when the Organiser, or the Traveller is a sanctioned entity – the Organiser shall have the right to immediately retain any payment and/or suspend and/or terminate this Contract without incurring any liability. In such event, the Traveller shall not be entitled to any refund, damages, claim or termination fee of any kind and shall indemnify and hold harmless the Organiser and O.E Management Company from and against any and all losses, damages, liabilities, costs, and expenses.

 

In addition, the Organiser may refuse embarkation or require disembarkation of the Traveller found to be a sanctioned entity or listed on criminal databases, such as Interpol, while retaining all payments and pursuing any additional remedies available at law.

 

 

8.3 Anti-corruption and anti-money laundering

Each Party represents and warrants that it has and will comply with all applicable laws, regulations, codes and sanctions with regards to corruption and anti-money laundering and financing of terrorism (the “Anti-Corruption and Anti-Money Laundering Laws”) in connection with the performance of this Contract.

 

Neither Party - nor any of its directors, officers, employees, agents, affiliates, or subcontractors shall, directly or indirectly, offer, authorize, or make any improper payment, bribe, kickback, gift, or any other undue benefit to any person or entity, whether public or private, with the intent to improperly influence any decision or secure an advantage in relation to this Sales Contract. Furthermore, neither Party shall engage in or facilitate any activities that may constitute money laundering or the financing of terrorism.

 

The Traveller must immediately notify O.E Management Company in writing of any breach of this article 8.3 and undertakes to fully cooperate with O.E Management Company to any subsequent investigation, audit, or review.

 

In the event of any breach or suspected breach of this article 8.3 by the Traveller, the Organiser shall have the right to immediately and without prior notice retain any payment and/or suspend and/or terminate this Sales Contract without incurring any liability. In such event, the Traveller shall not be entitled to any refund, damages, or termination fee of any kind and shall indemnify and hold harmless the Organiser and O.E Management Company from and against any and all losses, damages, liabilities, costs, and expenses.

 

The Organiser and/or O.E Management Company shall not be held responsible for the Traveller’s acts and behaviours causing the violation.

 

 

8.4 Screening and Right to Cancel 

The Organiser and/or O.E. Management Company shall conduct screening of all Travellers against applicable government sanctions lists, restricted party lists and watchlists, prior to confirmation of any booking and, where necessary, during travel. Such screening shall be conducted in compliance with applicable Restrictive Measures, including but not limited to those administered by the U.S. Office of Foreign Assets Control (OFAC), the European Union, the United Kingdom, Canada, Australia, the United Nations, and any other relevant jurisdiction.

 

All Travellers are required to provide complete and accurate personal information, including valid passport details, prior to the acceptance of any booking. Failure to provide such information shall entitle the Organiser and/or O.E. Management Company to refuse or cancel the booking without liability.

Any Traveller identified as a restricted or sanctioned party, or otherwise determined to be in breach of applicable Restrictive Measures and/or Anti-Corruption and Anti-Money Laundering Laws, shall be denied boarding and carriage. The Organiser and/or O.E. Management Company are not obliged to disclose the reasons for any such refusal or cancellation where prohibited by law, but reserve the right to report relevant information to the competent governmental authorities where required or permitted to do so.

 

In all cases of denied boarding or cancellation pursuant to this Article, neither the affected Traveller nor any other Traveller on the same booking shall be entitled to any refund, payment, compensation, or damages of any kind. It is each Traveller's sole responsibility to ensure their eligibility to travel and compliance with all applicable travel, immigration, customs, and sanctions laws for all countries included in the itinerary.

 

 

8.5 Changes in law

The Organiser and/or O.E Management Company expressly reserve the right to cancel, suspend, or refuse any booking or boarding - even after full payment - if changes in laws, regulations, sanctions programs, or governmental guidance occur that would, or could reasonably be expected to, place the Organiser and/or O.E Management Company or their affiliates in violation of applicable legal or regulatory obligations.

 

 

8.6 Traveller responsibility 

Each Traveller bears sole responsibility for ensuring compliance with all travel, customs, immigration, and sanctions laws applicable to all countries on the itinerary. The Organiser and/or O.E Management Company or their affiliates disclaim all liability for any loss, cost, delay, or penalty arising from a Traveller’s non-compliance with such laws, or from the Organiser and/or O.E Management Company or their affiliates lawful enforcement of sanctions policies or regulatory obligations.

 

 

8.7 Indemnity

Travellers shall indemnify, defend, and hold harmless the Organiser and/or O.E Management Company or their affiliates from and against any losses, damages, penalties, fines, or expenses (including legal fees) arising from the Traveller’s breach of clause 8 or from any misrepresentation.  

 

 

8.8 Required Guest Information and Travel Documentation

In accordance with applicable laws and sanctions regimes—including those administered by OFAC, the European Union, France, the United Kingdom, Canada, and Australia—all Travellers are required to provide complete and accurate personal information, including full legal name, nationality, date of birth, and valid passport details, prior to confirmation of any booking. This information is required to enable compliance screening, travel document processing, and security checks.

 

All data provided must exactly match the details on the Traveller’s passport. Failure to supply accurate or complete information may result in refusal or cancellation of the booking, denial of embarkation, or delay in issuing travel documents.

 

Travellers are solely responsible for obtaining and maintaining valid travel documents, including a physical, undamaged passport (valid for at least six (6) months beyond voyage completion), visas, health certificates, and other documentation required by destination countries. The names on the booking must match exactly those appearing on the passport.

 

Failure to present valid travel documents at embarkation shall result in denied boarding without refund, compensation, or liability of the Organiser and/or O.E Management Company.

 

Travellers must ensure that they are legally eligible to travel. Governments may restrict travel for individuals appearing on watchlists or otherwise deemed ineligible. The Organiser and/or O.E Management Company may cancel bookings or deny boarding under such circumstances without refund or compensation.

 

Where required by port or immigration authorities, the Organiser and/or O.E Management Company may temporarily retain Traveller passports for safekeeping during the voyage. Passports shall be securely stored and returned to Travellers when necessary for disembarkation or at voyage completion.

 

 

ARTICLE 9. Proof, storage and archiving of transactions 

O.E Management Company recommends that the Traveller keeps a reliable paper or electronic record of all data relating to his/her order, including these GTC. 

 

The computer records kept in the Organiser and/or O.E Management Company computer systems under reasonable security conditions shall be considered as proof of the communication, orders and payments that have taken place between the Traveller and the Organiser. 

 

Invoices are archived on a reliable and durable medium in such a way as to correspond to an accurate and durable copy. 

 

In addition, and in accordance with article L.213-1 of the French Consumer Code, the Organiser and O.E Management Company undertake to keep and archive on all media, for a period of ten (10) years, all Trips with a value of €120 or more and to guarantee access to them by the Traveller at all times.

 

 

ARTICLE 10. Entire agreement

If, at any time, one or more of the provisions of these GTC is deemed invalid or becomes invalid or is deemed inapplicable for any reason under applicable laws, that provision shall be deemed to have been deleted from these GTC and the validity and/or applicability of the remaining provisions of the GTC shall not be affected or impaired thereby.

 

 

ARTICLE 11. Protection of Personal Data

 

11.1 Processing of Personal Data by O.E Management Company

When the Traveller uses the Website or calls the Call Centre, in particular to book a Trip, O.E Management Company collects and processes his/her Personal Data in its capacity as data controller in accordance with Regulation (EU) 2016/679 of 27 April 2016 ("GDPR"). The terms of this processing of Personal Data are described in OE Management Company's privacy policy. By accepting these GTC, the Traveller acknowledges having been informed of and having read this privacy policy. For the avoidance of doubt, such acknowledgement does not constitute consent within the meaning of Article 7 of the GDPR, and the processing of the Traveller's Personal Data shall be carried out on the applicable legal bases set out in the said privacy policy.

 

The Traveller hereby agrees that certain of its personal data may have been or may be disclosed by the Travel Agency to the Organiser and O.E. Management Company for the purpose of processing the booking, organizing and delivering the Trip and associated Travel Services.

 

The Traveller acknowledges and accepts such disclosure, provided that such data is processed in accordance with applicable data protection laws, including Regulation (EU) 2016/679 ("GDPR"), and solely for the purposes stated herein. The Traveller's rights under applicable data protection legislation, including the right of access, rectification, erasure, restriction, portability and objection, shall remain unaffected.

 

 

11.2 Processing of Personal Data by O.E Management Company and the Operators acting as joint controllers

O.E Management Company and the Operators share Travellers’ Personal Data relating to their Trips, their preferences, their satisfaction and, where applicable, their membership of the loyalty programme. The processing of this Personal Data is based on the legitimate interest of each of the joint controllers in order to improve the quality of the service and the experience of the Traveller in each of these yachts, hotels and trains. In this context, the Traveller's Personal Data is processed jointly by O.E Management Company and the Operators. In order to enable this legitimate interest to be pursued while guaranteeing the rights and freedoms of the Traveller, a specific joint controller agreement describes the obligations and responsibilities of O.E Management Company and the Operators. A summary of the essential terms of this joint controller agreement is made available to the Traveller in accordance with Article 26(2) of the GDPR and may be obtained at any time by contacting O.E Management Company's Data Protection Officer at the following email address: data.privacy@orient-express.com. The Traveller may at any time exercise his/her rights (access, opposition, rectification, limitation, deletion, portability and the right to leave instructions concerning the processing of his/her Personal Data after his/her death), and in particular object to the sharing of his/her Personal Data between the Operators and O.E Management Company by contacting the aforementioned Data Protection Officer.

 

 

11.3 Processing of Personal Data by the Organiser

The Traveller is also informed that the Personal Data collected in connection with his/her Trip will be transmitted to the Organiser, the company that organises and provides the Trips. The Organiser will process this data as a separate data controller in order to provide Travellers with the best possible Trip experience.

 

In view of the above, in accordance with article 14 of Regulation (EU) 2016/679 (‘GDPR’), the Organiser provides the Traveller with information concerning the processing of his/her Personal Data in connection with the Trip via the following link : www.silenseas.com/tourco.privacy

 

 

ARTICLE 12. Governing Law and Dispute Resolution

 

12.1 Governing Law

These GTC are governed by French law, without prejudice to the mandatory protective provisions applicable in the consumer's country of residence. 

 

 

12.2 Complaints and Amicable Dispute Resolution

For any questions regarding the information published or any complaints, the Traveller may contact O.E Management company using the contact details specified in article 1.3 of the GTC

 

The Traveller is hereby informed that if he/she wishes to make a claim in respect of his/her Trip at sea pursuant to EU Regulation no. 1177/2010, he/she has a period of two (2) months from the date on which the service was performed or should have been performed. The Organiser then has a period of one (1) month from the date of receipt of the complaint to inform the Traveller whether the complaint has been substantiated, rejected or is still being considered. The Organiser is required to respond to the complaint within a maximum period of two (2) months from the receipt of the complaint.

In any event, any complaint relating to the Trip shall be made in writing, accompanied by supporting documents, and sent by registered letter with acknowledgement of receipt or by e-mail with acknowledgement of receipt as soon as possible.

 

O.E Management Company or the Organiser will endeavour to respond within four (4) weeks from the receipt of the complaint. 

 

In the event of a dispute, the Organiser and the Traveller undertake to seek an amicable solution in good faith before taking any legal action.

 

 

12.3 Dispute Resolution

In the event of a dispute, the Traveller may submit a complaint to O.E Management Company. If the complaint is unsuccessful, the Traveller may refer his/her dispute to a conventional mediation procedure or to any other alternative dispute resolution method, in accordance with the conditions set out in Title I of Book VI of the French Consumer Code. In such case, the matter may be referred to the Ombudsman, whose contact details are given below, who shall attempt, in a completely independent and impartial manner, to bring the Parties together with a view to reaching an amicable solution.

 

The Traveller may refer the matter to the French Tourism and Travel Ombudsman (médiateur du Tourisme et de Voyage : MTV Médiation Tourisme Voyage) - BP 80303 - 75823 Paris Cedex 17.

 

  1. For information on how to contact the French Tourism and Travel Ombudsman (médiateur du Tourisme et de Voyage : MTV Médiation Tourisme Voyage), please click on the following link: www.mtv.travel.

     

  2. The Ombudsman may be contacted within twelve (12) months of the first complaint.

     

  3. The form for contacting the French Tourism and Travel Ombudsman (médiateur du Tourisme et de Voyage : MTV Médiation Tourisme Voyage) is available by clicking on the following link: French Tourism and Travel Ombudsman (médiateur du Tourisme et de Voyage : MTV Médiation Tourisme Voyage)  referral form. https://cloud7.eudonet.com/Specif/EUDO_03874/FormulaireDossierLitiges/Connexion.aspx

     

The above terms and conditions are without prejudice to the Traveller's right to bring an action concerning the Contract before the competent court, the court of his/her place of residence or habitual domicile or the court of the place where the loss occurred. 

 

Stay Connected

Your journey begins here. Whether you seek personalized travel advice, have a special request, or simply wish to learn more about our voyages, we are at your service. Speak to your Travel Advisor or our dedicated team, and allow us to curate your next unforgettable adventure.