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In Polynesian, varua means the soul, the spirit of a place. Every island has one. Every journey too. Tell me what you're looking for — I'll help you find yours.
The Fenua Holidays platform is published by Fenua Holidays, a single-member simplified joint-stock company (SASU) with a capital of 200,000 XPF.
Registered office: Lotissement Miri N°21 — Résidence Rahiti, Appt 1 — 98718 Punaauia, French Polynesia. Postal address: BP 42199 — 98713 Papeete, Tahiti.
Registered with the Papeete Trade and Companies Register under number 2640 B.R.C.S — TAHITI number: G53243. Legal representative: Renaud Coquille, President.
License B (Excursion Bureau) — decree n° 2588/PR of December 17, 2025. Financial guarantee: 2,000,000 XPF with the Banque de Tahiti. Contact: info@fenuaholidays.com.
These General Terms and Conditions of Sale for Providers (hereinafter "GTCS-P") define the general legal framework governing the commercial relationship between:
They apply to any partnership relationship initiated as of their entry into force.
The partnership between Fenua Holidays and the Provider is governed by the following documents, in decreasing order of priority:
Where the Individual Framework Agreement is silent on a point, these GTCS-P apply as of right.
Listing the Provider on the Platform constitutes unreserved acceptance of these GTCS-P. Any Provider already listed at the time a new version of the GTCS-P comes into effect is subject to the notification and acceptance procedure set out in Article 3.
For the purposes of these GTCS-P, the following terms have the meaning indicated:
Fenua Holidays reserves the right to amend these GTCS-P in the event of a major regulatory change, a compelling technical necessity, or an adaptation of general commercial conditions.
Any substantial amendment is notified to the Provider by email at least 30 days before it enters into force. The Provider may refuse the new GTCS-P by terminating its Individual Framework Agreement without penalty within this period (notice period reduced to 15 days). In the absence of termination, the new GTCS-P are deemed accepted.
Amendments to the GTCS-P do not apply to bookings already confirmed before their entry into force.
Fenua Holidays is an Excursion Bureau registered in French Polynesia under the License B regime, in accordance with regulations applicable to tourism intermediaries. As such, Fenua Holidays holds a financial guarantee of 2,000,000 XPF with the Banque de Tahiti, covering funds received from Clients on behalf of Providers.
Fenua Holidays acts as a matchmaking intermediary between Clients and local tourism Providers.
This partnership constitutes a mandate of common interest within the meaning of articles 1984 et seq. of the Civil Code applicable in French Polynesia. Fenua Holidays acts as a non-exclusive agent of the Provider for the marketing of its services via the Platform.
The Provider retains complete freedom to market its services through its own channels and via other platforms or intermediaries, with no obligation of exclusivity toward Fenua Holidays.
The Provider retains exclusive control over its rates (setting, amendment, rate schedules), its availability (calendar, capacities, closures), and its contractual conditions (cancellation policies, specific conditions).
The Provider acts as an independent contractor. No relationship of subordination exists between the Parties.
The Provider is solely responsible for its tax obligations (corporate tax, VAT, business license...), social obligations (Caisse de Prévoyance Sociale — CPS), and administrative filings in French Polynesia. It indemnifies Fenua Holidays against any action seeking to reclassify the relationship as an employment contract.
The Provider makes available to Fenua Holidays all materials necessary to promote its services:
The Provider authorizes Fenua Holidays to use this content to promote its services on the Platform and on Fenua Holidays' communication channels, for the duration of the partnership. Upon termination, Fenua Holidays removes the content within 30 days.
The Provider undertakes to clearly state in its descriptions all access restrictions applicable to its services: minimum and maximum age, medical contraindications, required level of physical fitness, necessary technical skills, maximum weight or height. This information feeds into Base B and engages the Provider's exclusive liability in the event of omission.
The Provider warrants that it owns or holds the rights of use for all content provided (photos, text, logos) and that no third party can claim ownership of it. It indemnifies Fenua Holidays against any third-party claim related to a violation of intellectual property rights.
The Provider keeps its availability (calendar, capacities, closures) up to date in real time in its provider interface, in order to prevent any risk of overbooking. It also validates, at least once per quarter, the accuracy of other contractual information:
Zero-hallucination tolerance: Tiki Bot cites Base B data exactly, without interpretation. Any error in Base B engages the Provider's exclusive liability toward the Client and Fenua Holidays.
In the event of an error prejudicial to the Client (incorrect rate, incorrect capacity, incorrectly stated cancellation policy), the Provider alone bears the financial and legal consequences.
The Provider is invited to collaborate with Fenua Holidays to enrich Cultural Base A (Tiki Bot): local legends related to its territory or activity, traditional knowledge, historical and geographical context of its island/archipelago, authentic stories (with the consent of the persons concerned).
The Provider responds to booking requests transmitted by Fenua Holidays within a maximum of 24 business hours. In the event of unavailability, it proposes an alternative where possible (other dates, similar service).
The Provider informs Fenua Holidays within 48 hours (email to info@fenuaholidays.com) of any change concerning:
Activity:
Legal situation:
Services are performed under the same conditions as those set out in the descriptions published on the Platform. Any substantial change (itinerary, duration, content, equipment) must be notified to Fenua Holidays and communicated to Clients who have already booked, whose consent is required if the change is major.
The Provider is solely responsible for the safety of Clients in the course of performing its services. It undertakes to:
Fenua Holidays cannot under any circumstances be held liable for the Provider's failure to comply with its legal and regulatory safety obligations. Any claim against Fenua Holidays on this basis shall be fully indemnified by the Provider.
The Provider maintains, for the entire duration of the partnership, Professional Civil Liability insurance and all insurance necessary for its activity (vehicles, boats, equipment...).
The Provider spontaneously sends Fenua Holidays a valid RC Pro insurance certificate upon each renewal, within 15 days thereof, to info@fenuaholidays.com. No follow-up from Fenua Holidays is required.
Should mandatory insurance expire without timely renewal, Fenua Holidays reserves the right to immediately suspend the Provider's account until the situation is regularized.
The Provider obtains, keeps in force, and renews all administrative authorizations necessary for carrying out its activity, including but not limited to:
The Provider sends Fenua Holidays a copy of these documents upon signing the Individual Framework Agreement and at each renewal, without follow-up being necessary.
In the event of withdrawal, suspension, or non-renewal of an authorization, the Provider informs Fenua Holidays within 48 hours. Fenua Holidays reserves the right to immediately suspend the Provider's account until the situation is regularized, or even to terminate the partnership pursuant to Article 32.
Fenua Holidays cannot under any circumstances be held liable for the consequences of the Provider's failure to hold a required administrative authorization.
The Provider hires qualified personnel holding the licenses, permits, diplomas, or certifications necessary to carry out its activities (diving: PADI/CMAS/FFESSM-certified instructor; navigation: boating license; first aid: PSC1; transport: professional license...).
The Provider is solely responsible for its personnel. It certifies that it complies with applicable legislation (labor law, health and safety, immigration law, taxation and CPS, action against undeclared work). It indemnifies Fenua Holidays against any action seeking to reclassify the relationship as an employment contract, labor law violation, or undeclared work.
The consumption of alcohol or psychotropic substances before or during a service is STRICTLY PROHIBITED for all of the Provider's personnel in contact with Clients, whether supervisory staff (guides, instructors, captains, drivers) or any other employee present during the service.
Any breach engages the Provider's exclusive criminal and civil liability and constitutes grounds for immediate termination of the partnership without notice or compensation.
Fenua Holidays ensures the listing and promotion of the Provider's services on the fenuaholidays.com Platform. Fenua Holidays may, at its discretion, promote the Provider's offers via its own communication channels (social media, newsletters, trade shows...) without any obligation of means or results.
Fenua Holidays guarantees equal treatment among all listed Providers. The Tiki Bot recommendation system is neutral and cannot be influenced by commercial interests. Recommendations are based solely on cultural and thematic relevance, Client reviews and ratings, real-time availability, and traveler preferences.
"Featured Offers" placements are available on the Platform based on a separate fee, communicated via the Platform. These placements do not influence the Tiki Bot recommendation system.
Fenua Holidays undertakes to:
Fenua Holidays provides free technical support to the Provider:
Fenua Holidays deducts, from the amount of each honored booking, a commission whose rate is set in the Individual Framework Agreement. The Provider receives the net amount, corresponding to the booking amount less this commission.
The payout of the net amount owed to the Provider is triggered as soon as the booking becomes non-refundable, i.e., upon expiry of the applicable free-cancellation period. From that date, Fenua Holidays transfers the net amount to the bank account designated by the Provider in its Individual Framework Agreement.
Fenua Holidays makes available to the Provider a payout statement summarizing, for each period, the bookings honored, the commission deducted, and the net amount paid.
In the event of a cancellation giving rise to a refund before the booking becomes non-refundable, no payout is owed for that booking. Fenua Holidays' commission then follows the same refund rule as that applied by the Provider, in accordance with Article 22. Payment disputes (chargebacks) are handled in accordance with Article 27.
The Provider is solely liable for all direct or indirect damage caused to Clients, third parties, or property in the course of performing its services, including:
The Provider acknowledges that Fenua Holidays will incur no liability toward Clients, third parties, or authorities as a result of the Provider's operating conditions, the quality or safety of its services, the conduct of its personnel, or its equipment.
Fenua Holidays may only be held liable in the event of proven fault in the transmission of booking information (error in dates, number of people, specific conditions) or manifest negligence in the matchmaking process.
The Provider undertakes to indemnify Fenua Holidays against any claims, proceedings, losses, expenses, costs, damages, and interest that may arise from any harm attributable to the Provider, its subcontractors, or employees, or from any non-compliance with applicable regulations.
Should Fenua Holidays be sued by a Client or third party for a matter falling under the Provider's exclusive liability, the Provider undertakes to release and indemnify Fenua Holidays from any judgment, legal costs, and attorney's fees.
In the event of cancellation by the Client, cancellation fees are charged according to the cancellation policy set out in the Provider's Individual Framework Agreement and clearly communicated at the time of booking.
Fenua Holidays may ask the Provider for a commercial gesture (exceptional partial refund) in exceptional circumstances, with no obligation for the Provider to agree.
The Provider notifies Fenua Holidays as early as possible (email + phone) in the event of cancellation or a substantial change (schedule, itinerary, duration, content) to a confirmed service. It proposes an alternative of equivalent or superior quality.
| Timeframe before service | Notification obligation |
|---|---|
| > 7 days | Email to Fenua Holidays is sufficient. |
| < 7 days | Email + mandatory phone call to the Client + notice to Fenua Holidays. |
| Day before / same day | Immediate phone call to the Client + SMS + email to Fenua Holidays. |
In the event of repeated unjustified cancellations (3 cancellations in 6 months, excluding force majeure), Fenua Holidays may temporarily suspend the Provider's account (quality review), require additional guarantees, or terminate the partnership.
The Provider may cancel without penalty if it believes that Client safety may be compromised: dangerous weather conditions, technical equipment issues, access closures, insufficient staffing. Supporting evidence is provided to Fenua Holidays within 48 hours. The Client is fully refunded.
The Provider may refuse or cancel the participation of a Client whose health condition or physical capabilities are incompatible with the requirements of the service, as described in the offer published on the Platform.
| Situation | Client refund status |
|---|---|
| Refusal justified by safety reasons | Refund of sums paid, minus expenses actually incurred by the Provider. |
| Client provided incorrect booking information | No refund. |
Fenua Holidays cannot be held liable for a refusal of participation duly justified by the Provider on safety grounds.
Neither Party is liable for any delay or cancellation caused by force majeure events (natural disasters, pandemics, conflicts, border closures, generalized strikes...). The Parties cooperate in the Client's interest to find fallback solutions (rescheduling, credit, or refund). The refund conditions applicable to the Client are those defined by the Provider, in accordance with Article 24 of the Client GTCS; the Provider may in particular retain the portion of expenses actually incurred and non-recoverable, upon supporting evidence.
In the event of a no-show (Client does not show up without having cancelled within the deadlines), the Provider retains 100% of the booking amount in accordance with the cancellation policy defined in its Individual Framework Agreement.
The Provider documents the no-show: email/SMS sent to the Client, unanswered call, time-stamped photo if possible. This evidence may be required in the event of a dispute.
In the event of a payment dispute (chargeback) initiated by a Client, Fenua Holidays handles the dispute process with the banking institution (Banque de Tahiti payment solution).
| Situation | Consequence |
|---|---|
| Chargeback upheld due to a Provider failure (service not provided, non-conformity, unjustified cancellation) | The Provider reimburses Fenua Holidays for the amount received. |
| Other cases | Fenua Holidays and the Provider work together in good faith to find an amicable solution. |
Tiki Bot relies on two distinct databases:
Base A — Cultural (vector RAG): legends, traditional knowledge, cultural context, and qualitative descriptions. Free interpretation, creative rephrasing, and narrative enrichment authorized.
Base B — Contractual (SQL): rates, availability, capacities, cancellation policies, and contractual conditions. Exact citations only, sources systematically indicated, no hallucination tolerated.
Base B data comes exclusively from information entered by the Provider in its interface. Any error in this data engages the Provider's exclusive liability toward Clients. Fenua Holidays cannot be held liable for erroneous information entered by the Provider.
In the event of a personal data breach (loss, theft, unauthorized access), the Provider notifies Fenua Holidays within 24 hours at info@fenuaholidays.com.
Each Party acknowledges the confidential nature of the mutual information involved in this partnership: business methods and organization, development strategy, financial data, know-how and trade secrets, customer and supplier databases, and any document marked "Confidential."
For the entire duration of the partnership and for a period of five (5) years from its expiration, regardless of cause.
The following are not considered confidential: information that is publicly available, already known to the receiving Party before disclosure, or that must be disclosed by legal obligation.
The processing of personal data is governed by amended law n° 78-17 of January 6, 1978 (the "Data Protection Act"), applicable in French Polynesia, which applies the rules of Regulation (EU) 2016/679 ("GDPR"), as well as by the GDPR itself for persons located in the European Union.
| Party | Role |
|---|---|
| Fenua Holidays | Data Controller for Platform user data, Tiki Bot, and marketing. |
| Provider | Data Controller for Client data received in connection with bookings and for its HR data. |
| Fenua Holidays + Provider jointly | Joint Data Controllers for booking-related data (names, contact details, dates, preferences). |
In the event of a personal data breach: notify the other Party within 24 hours, notify the CNIL within 72 hours if there is a risk to individuals' rights and freedoms, inform the individuals concerned if the risk is high, and document the breach.
The partnership may be terminated at any time by either Party, subject to 2 months' notice given by registered letter with acknowledgment of receipt or registered electronic email to info@fenuaholidays.com.
Fenua Holidays may terminate the partnership as of right, without notice or prior formal notice, in particular in the event of:
Serious breaches:
Inappropriate conduct:
Harm to Fenua Holidays:
Legal situation:
Immediate termination is notified by email + registered letter with acknowledgment of receipt. It results in the immediate suspension of the Provider's account and case-by-case handling of bookings in progress.
In the event of force majeure making it impossible for either Party to continue the partnership (natural disaster destroying infrastructure, prolonged border closure...), the partnership may be terminated without penalty by written notice.
These GTCS-P are subject to the law applicable in French Polynesia. The provisions of the French Civil Code and the French Commercial Code, as applicable in French Polynesia, govern this partnership.
In the event of a dispute, the Parties agree to seek an amicable solution before any legal action: written notice of the dispute, conciliation meeting within 30 days. Failing agreement, the Parties may resort to a mediator of their choice before any judicial referral.
Failing an amicable agreement within 60 days, the dispute shall be settled by the Mixed Commercial Court of Papeete (Rue du Commandant Destremau, 98713 Papeete, French Polynesia).
These GTCS-P, the Individual Framework Agreement, and Appendix C constitute the entire agreement between the Parties. They supersede and replace any prior agreement, written or oral, relating to the same subject matter.
Any amendment to the GTCS-P is subject to the procedure defined in Article 3. Any amendment to the Individual Framework Agreement requires a written rider signed by both Parties.
The Provider may not assign or subcontract its rights and obligations without Fenua Holidays' prior written consent. Any unauthorized assignment results in immediate termination. Exception: in the event of a universal transfer of assets (merger, absorption), the contract is automatically transferred to the transferee, provided it meets the conditions of the partnership.
If any clause of these GTCS-P is declared invalid, the other clauses remain in full force. The Parties shall negotiate in good faith a replacement clause of equivalent scope.
Failure to enforce a breach does not constitute a waiver of the obligation in question. No tolerance may be invoked as a novation or definitive waiver.
All contractual notifications are made in writing: email (confirmation of receipt required) or registered letter with acknowledgment of receipt. Any change of contact details is notified within 15 days.
All notifications provided for in these GTCS-P are sent to info@fenuaholidays.com, specifying the subject of the request: partnership and support, accounting and payouts, data security, termination, regulatory compliance.
These GTCS-P are drafted in French. In the event of translation, only the French version shall be authoritative.
Each Party bears its own advisory costs. Any registration fees are shared equally.