Terms & Conditions
LagoonFLIGHT.com / Born To Fly CLUB
GENERAL CONDITIONS OF SALE
The present general conditions define the rights and obligations of the parties in the context of the remote booking of services offered by our establishment, the details of which are specified in the present booking confirmation document. They govern all the steps necessary for the reservation and the follow-up of the reservation between the contracting parties. The client acknowledges having read and accepted these general terms and conditions of sale and the terms and conditions of sale of the reserved rate accessible on our reservation platform. The present general terms and conditions of sale apply to all bookings made via the internet, through our booking platform.
The client chooses the services presented on our booking platform. The client acknowledges that he/she has taken cognisance of the nature, the destination, and the booking methods of the services available on our booking platform and that he/she has requested and obtained the necessary and/or additional information to make his/her booking with full knowledge of the facts. The client is solely responsible for his choice of services and their suitability for his needs, so that we cannot be held liable in this respect. The booking is deemed to be accepted by the client at the end of the booking process.
Reservations made by the client are made by means of the dematerialised reservation form accessible online on our reservation platform. The reservation is deemed to have been made upon receipt of the reservation form (reservation confirmation). The client undertakes, prior to any reservation, to complete the information requested on the voucher or the online reservation request. The client certifies the truthfulness and accuracy of the information provided. After the final choice of the services to be booked, the booking procedure includes the entry of the credit card, the consultation and acceptance of the general terms and conditions of sale, the cancellation policies and the terms and conditions of sale of the reserved fare before the booking is validated and, finally, the validation of the booking by the client. This last validation constitutes proof of the client’s acceptance – immediately after this last validation – to pay the total amount of the reserved fare.
Acknowledgement of receipt of the reservation
Our reservation platform acknowledges receipt of the client’s reservation by sending an e-mail without delay. In the case of online bookings, the acknowledgement of receipt of the booking by e-mail summarises the contract offer, the services booked (duration of the flight(s)), the prices, the date of the booking made and the Born To Fly address to which the client may submit any complaints.
Cancellation and refund policies
The conditions of sale of the fare booked specify the terms and conditions for cancellation of the booking, namely
CANCELLATION BY THE CLIENT
Any request to cancel a booking must be sent via a written message on the CONTACT page of www.lagoonflight.com.
The conditions included in our “Cancellation and Refund Policy” have been validated by the client to finalize the reservation:
The client is aware that :
Cancellation more than 7 days prior to the flight will result in a rescheduling of the reservation according to the operators. If there is no availability, it is the client’s responsibility to cancel or not the reservation with the following charges:
A 7% cancellation fee will be applied if the booking is cancelled more than 15 days before the date and time booked by the client.
A 50% cancellation fee will be applied if the booking is cancelled more than 72 hours before the date and time booked by the client.
A 100% cancellation fee will be applied if the booking is cancelled less than 72 hours before the date and time booked by the client.
More than 15 days before 7%
More than 72 hours before 50%
Less than 72 hours before 100%
In case of partial cancellation – the customer does not cancel all the flights booked – the cancellation fee percentages apply only to the cancelled part.
CANCELLATION OF THE BOOKING BY BORN TO FLY CLUB
In the event of unforeseen circumstances (e.g. inadequate weather forecast for safety) Born To Fly CLUB reserves the right to cancel the booking at its discretion. The client will then be offered an alternative date. If however no alternative date is possible for the client, a refund of up to 100% of the total amount of the booking will be made.
BAD WEATHER = RESCHEDULED or 100% REFUNDED
All refunds will be made using the same method of payment used for the reservation within 7 to 14 working days following confirmation of the refund by email.
Consumption of the service
Any behaviour that is contrary to public decency and order will result in Born To Fly CLUB asking the client to leave the premises without any compensation or refund.
The photographs presented on our booking platform are not contractual. Although every effort is made to ensure that the photographs, graphics and texts reproduced to illustrate the flights give as accurate a picture as possible of the services offered, variations may occur between the time of booking and the day of consumption of the service. Born To Fly shall not be held responsible for the non-performance or improper performance of the reservation in case of force majeure, due to the third party, due to the client, in particular the unavailability of the internet network, impossibility of access to the website, external intrusion, computer viruses or in case of unauthorized prepayment by the holder’s bank. Any reservation or payment that would be irregular, inoperative, incomplete or fraudulent for a reason attributable to the customer will result in the cancellation of the order at the expense of the customer, without prejudice to any civil or criminal action against the latter.
Complaints relating to the non-performance or poor performance of the services booked must, under penalty of foreclosure, be brought to the attention of BORN TO FLY CLUB in writing within eight days after the service.
BORN TO FLY CLUB
Coastal Road – La Prairie
Le Morne – Mauritius
The prices for the booking of the services are indicated before and at the time of the booking. Prices are confirmed to the client in the commercial currency of his choice and are valid only for the period indicated on the booking platform.
If the exchange rate between the foreign currency and the commercial currency of Born To Fly varies after the payment of the reservation, no difference can be claimed by either party (client or BORN TO FLY CLUB).
Unless otherwise stated on the booking platform, no additional services are included in the price. The prices take into account the VAT applicable on the day of the order and any change in the applicable VAT rate will be automatically reflected in the prices indicated on the date of the invoice. Any change or introduction of new legal or regulatory taxes imposed by the competent authorities will automatically be reflected in the prices indicated on the date of the invoice.
The client shall provide his bank details as a guarantee for the reservation, except in the case of special conditions or rates, by credit or debit card (Visa, Mastercard, American Express, Dinners… according to the possibilities offered by the Born To Fly reservation platform) by indicating directly, in the area provided for this purpose (secured entry by SSL encryption), the card number, without any space between the digits, as well as its date of validity (it is specified that the bank card used must be valid at the time of the consumption of the service) and the visual cryptogramme On the day of the service, the client must come to Born To Fly with the credit card that was used to guarantee the reservation. In the event of a no show (non-cancelled reservation – client not present) of a reservation guaranteed by credit card, Born To Fly will debit the client, as a lump sum compensation, the total amount of the reservation. There may be a refusal of the payment card for several reasons: stolen card, blocked card, ceiling reached, input error… In case of problem, the client should contact his bank on the one hand, and Born To Fly on the other hand to confirm his reservation and his method of payment.
Privacy / Confidentiality Policy
The customer is informed, on each of the personal data collection forms, of the mandatory or optional nature of the answers by the presence of an asterisk (*). The information processed is intended for Born To Fly, its entities, its partners, its service providers (and in particular online payment service providers. In particular, when paying online, the client’s bank details must be transmitted by the payment service provider to Born To Fly’s bank, for the execution of the reservation contract. The client is informed that this transfer of data may therefore take place in foreign countries that do not have adequate protection of personal data. However, the client consents to this transfer which is necessary for the execution of the reservation.
PERSONAL INFORMATION WE COLLECT
When you visit the Site, we automatically collect certain information about your device, including information about your web browser, your IP address, your time zone and some of the cookies installed on your device. In addition, as you browse the Site, we collect information about the web pages or products you view, the websites or search terms that referred you to the Site, and information about your interaction with the Site. We refer to this automatically collected information as “Device information”.
We collect device information using the following technologies:
– “Cookies” are data files placed on your device or computer and often include a unique, anonymous identifier. For more information about cookies and how to disable cookies, visit http://www.allaboutcookies.org.
– “Log files” track actions on the site and collect data, including your IP address, browser type, Internet Service Provider, referring/exit pages, and timestamps.
– Web beacons”, “tags” and “pixels” are electronic files used to record information about your navigation of the site.
In addition, when you make a reservation or attempt a purchase through the Site, we collect certain information, including your name, billing address, payment information (including credit card numbers), e-mail address and telephone number. We refer to this information as “Order Information.
HOW DO WE USE YOUR PERSONAL INFORMATION?
We use the “Order Information” we collect generally to fulfill orders placed through the Site (including processing your payment information, providing invoices and/or order confirmations). In addition, we use this order information to:
– Communicate with you; and
– Monitor our orders for potential risk or fraud
We use the “Device information” we collect to help us detect potential risk and fraud (in particular your IP address) and more generally to improve and optimize our site (for example, by generating analytics about our customers’ navigation and interactions on the site, and to evaluate the success of our marketing and advertising campaigns).
SHARE YOUR PERSONAL INFORMATION
We share your personal information with third parties to help us use your personal information, as described above. For example, we use Google Analytics to help us understand how our customers use the Site. You can learn more about how Google uses your personal information here: https://www.google.com/intl/fr/policies/privacy/. You can also disable Google Analytics here: https://tools.google.com/dlpage/gaoptout.
Finally, we may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive or to protect our rights.
As described above, we use your personal information to provide you with targeted advertising or marketing communications that may be of interest to you. For more information about how targeted advertising works, you can visit the Network Advertising Initiative (“NAI”) educational page at http://www.networkadvertising.org/understanding-online-advertising/how-does-it-work.
You can opt out of targeted advertising by using the links below:
– Facebook: https://www.facebook.com/settings/?tab=ads
– Google: https://www.google.com/settings/ads/anonymous
– Bing: https://advertise.bingads.microsoft.com/en-us/resources/policies/personalized-ads
In addition, you can opt out of some of these services by visiting the Digital Advertising Alliance opt-out portal at http://optout.aboutads.info/.
For more information about our privacy practices, if you have any questions, or if you would like to make a complaint, please contact us by email at [email protected]
The entry of the required banking information, together with the acceptance of these terms and conditions and the voucher or booking request, constitutes an electronic signature which has the same value between the parties as a handwritten signature. The computerised registers will be kept in reasonable conditions of security and will be considered as proof of the communications, orders and payments made between the parties. The client is informed that his IP address is recorded at the time of the reservation.
Force majeure shall mean any event external to the parties that is both unforeseeable and insurmountable and that prevents either the client or Born To Fly from fulfilling all or part of its obligations under the contract. Cases of force majeure or fortuitous events shall be deemed to be those usually recognised by the jurisprudence of the Mauritian Courts and Tribunals. Each party shall not be held liable towards the other party in the event of non-performance of its obligations resulting from an event of force majeure. It is expressly agreed that force majeure suspends, for the parties, the performance of their mutual obligations and that each party shall bear the costs arising from it.
Settlement of disputes
The present General Terms and Conditions of Sale are governed by the law of the country of BORN TO FLY CLUB (Mauritius).
These General Terms and Conditions of Sale, the terms and conditions of sale of the fare booked by the client, and the voucher or booking request express the entirety of the obligations of the parties. No general or specific conditions communicated by the client may be integrated into these general conditions. The documents forming the contractual commitments between the parties are, in decreasing order of priority, the reservation form or request (including the special conditions of the reserved fare) and these general conditions. In the event of a contradiction between the booking form and the general terms and conditions, the provisions of the booking form shall be the only ones applicable to the obligation in question. The present general terms and conditions of sale by internet can be modified and/or completed by BORN TO FLY CLUB at any time. In this case, the new version of the general terms and conditions will be published online by BORN TO FLY CLUB. As soon as the new version of the General Terms and Conditions of Business is published on the internet, it will automatically apply to all customers.