Conditions of sale multi-days trips

Terms and Conditions of Sale – MULTI-DAY TRIPS
Version dated 11/09/2023
In case of disagreement over the interpretation of these terms and conditions of sale, the original version in French shall prevail.

Preliminary statements
These terms and conditions of sale (or “T&Cs”) apply to the purchase of any multi-day Trip by a consumer (or the “Client”), offered via chamonix-guides.com website (or the “Website”) and the offices of the SAS COMPAGNIE DES GUIDES DE CHAMONIX MONT BLANC, a Société par Actions Simplifies (a form of simplified joint-stock company registered under French law) with a capital of €364,400, and registered offices at 190 place de l’Eglise, 74400 CHAMONIX MONT BLANC, FRANCE, registered with the ANNECY RCS (companies register) under the number 448 519 306 – Intra-Community VAT number FR 23 448 519 306 (or the “Company”).

It is specified that as part of its trading activity, the subject matter herein, the Company:

- is listed on the French register of tour and holiday operators under the following number: IM074150011 as of 22 September 2015;

- holds a garantie financière (financial guarantee) with GROUPAMA ASSURANCE, 5 rue du centre, 93199 NOISY-LE-GRAND Cedex - Contract n° 4000713874/1;

- holds public liability insurance with MMA IARD, 14 Bd Marie et Alexandre Oyon, 72000 LE MANS - Policy n°125901025.

For any questions regarding bookings and purchases, the Company can be contacted by:
email: info@chamonix-guides.com ;
telephone: +33 (0)4 50 53 00 88.

Article 1 – Description of services
The Company markets to Clients multi-day Trips known hereafter as “the Trip” or “the Trips”. The Trips are based around mountain sports and combine several types of service (for example: mountain guiding services, ski lifts, and accommodation). An information sheet (or the “Information Sheet”) detailing the specific details of each Trip can be consulted on the website.

Article 2 – Contract process
2.1. Information
The Client consults the Information Sheet on the Website for information about the Trip in question. This information relates notably to the destination, itinerary, activities, levels of physical fitness and technical ability required, risks involved, the number of participants required, transport, accommodation, food/catering, administrative and health formalities, cancellation policy, price, payment terms, and the option to take out insurance.

2.2. Booking
2.2.1. Via the Website
From the webpage about the chosen Trip, the client is directed to the reservations centre where certain personal details are requested in order to process the booking. The booking cannot take place unless the Client acknowledges he/she has read these T&Cs. A deposit, as detailed in Article 3.2, must be paid by the Client to confirm any booking.

2.2.2. By telephone or in the offices
The Client can equally book a Trip by telephone or in the offices having consulted the relevant information on the Website. A sales advisor can make the booking via the reservations centre as per the process described above.

2.3. Booking confirmation
The Client will receive a confirmation email for each Trip, which contains the Information Sheet, a receipt for the deposit and a contract (the “Contract”). The receipt of the confirmation email confirms the booking. If the Client does not receive a confirmation email, it is his/her responsibility to contact the Company.

Article 3 – Price and terms of payment
3.1. Price
The price of the Trip is shown in the Trip Information Sheet on the Website. Services included in, and excluded from, the price are specifically listed on the Website. In principle, all cost items not explicitly indicated as included in the price are excluded from it. Unless specifically indicated in the aforementioned document, drinks and personal equipment necessary to participate in the activities described are never included in the price.

3.2. Payment
For bookings made more than 30 days before the start of the Trip, a deposit is paid as per the conditions detailed in Article 2.2. This deposit is up to 30% of the total price. The balance is to be paid before the 30th day preceding the start of the Trip.

For bookings made within the 30 days preceding the Trip, the total amount is payable as per the conditions detailed in Article 2.2.

Any sum due is payable by bank transfer, credit card (not American Express), in cash (up to a maximum of €1000 per Trip), by cheque (issued by a French bank only), or Chèque vacances (French holiday vouchers).

Where a deposit is paid by credit card, if the balance has not been paid before the 30th day preceding the start of the Trip, this amount will be automatically charged to this same credit card the following day.

In the absence of payment within the above deadline, the Company is under no obligation to maintain the availability of the Trip. Any sum not paid on its due date, and which despite formal notice remains unpaid after 5 working days will incur by right, from the day after the deadline and on the amount including any taxes, penalties equal to the legal interest rate increased by three (3) points, without prejudice to reimbursement of recovery expenses incurred by the Company and to any other rights and appeals to which the Company is entitled.

3.3. Price amendment
The prices of Trips that take place abroad are likely to change to take account of variations in exchange rates in foreign currencies. Price increases may not exceed 8% of the Trip price. The price established in the Contract cannot be increased in the 20 days preceding the Trip start date.

Article 4 – Cancellation – Modification to the Trip
4.1. Cancellation by the Company
In case of cancellation of the Trip by the Company as a result of insufficient participant numbers, this number being detailed on the Information Sheet, the Company will refund the whole of the amount paid by the Client. It is specified that in this case the cancellation cannot occur:

- in the 30 days preceding the start of the Trip for Trips of over 6 days;

- in the 15 days preceding the start of the Trip for Trips of 2 to 6 days;

- in the 48 hours preceding the start of the Trip for Trips of less than 2 days;

In case of total or partial cancellation of the Trip by the Company as the result of exceptional and unavoidable circumstances related to mountain conditions, especially for reasons related to the safety of the Clients, the Company will refund the Client for the services not provided, without the Client being entitled to any other compensation

4.2. Modification by the Company
The Company may need to modify the itinerary of a Trip as the result of exceptional and unavoidable circumstances related to mountain conditions, especially for reasons related to the safety of the Clients or as the result of the order of an administrative authority.

The Company may need to modify the itinerary of a Trip based on the technical and/or physical level of the Clients if it does not meet the requirements detailed in the Information Sheet.

The Company may need to change the dates of Trips that include overnights in the refuges of the “Mont Blanc Goûter” route, in accordance with the booking method of these refuges.

When the Company modifies the itinerary (meeting time, duration, location, ascent, etc.) of the Trip, Clients are required to accept this modification. The Company will refund the Client for any services not provided, without the Client being entitled to any other compensation.

4.3. Cancellation by the Client
Any cancellation request from the Client will be made by any means, ensuring its proper receipt. Cancellation does not exempt from the full payment of the price; any refund process via the insurance can only be initiated under this condition.

Booking fees, which are fixed at 5% of the cost of the Trip as well as any insurance costs, are never refunded either by the company or by the insurance.

In case of the Trip cancelation (except for Trips including cruises), the following amounts are retained:

-  61 days or more before the start of the Trip: none, except the booking and insurance fees;

- between 60 and 31 days before the start of the Trip: 30% of the price of the Trip, plus the booking and insurance fees;

- between 30 and 21 days before the start of the Trip: 50% of the price of the Trip, plus the booking and insurance fees; -between 20 and 8 days before the start of the Trip: 75% of the price of the Trip, plus the booking and insurance fees;

- in the 7 days before the start of the Trip: 100% of the price of the Trip, plus the insurance fees.

Special cancellation terms apply to Trips with cruises. These terms are described in the Information Sheets of these Trips.

In case of a self-interruption of the Trip at the Client's initiative, the Client will not be entitled to any refund or compensation.

Article 5 – Transfer of Contract
The Client can transfer his/her Contract to a third party who fulfils the same conditions as him/her as long as this Contract has not come into effect and up to seven days before the start of the Trip. The Client must inform the Company by email and it is his/her responsibility to ensure this is received. Any transfer of the Contract incurs transfer fees of fifty (50) Euros, owed jointly and severally by the transferor and the transferee to the Company, as well as the balance of the purchase price. A new contract is established in the name of the transferee.

Article 6 – Duration
The Trip comes into effect from and is valid until the dates given in the Contract. The Contract comes into effect on the date it is agreed.

Article 7 – Company liability
The Company will not be considered liable for the consequences of the following elements:

- Failure to present administrative and/or health documents to cross borders;

- Unforeseeable or unavoidable third-party events such as war, political unrest, strike, technical incident;

- Cancellation as the result of exceptional and unavoidable circumstances related to mountain conditions, especially for reasons related to the safety of the Clients or as the result of the order of an administrative authority.

Article 8 – Client behaviour and technical/physical abilities
8.1. Client behaviour
The Client is aware of the sporty or even extreme nature of the activities offered as part of the Trips. The Client is aware of the risks involved and assumes them knowingly.

The Client undertakes to comply with the instructions given by the supervisors. The Client refrains from any personal initiative that could jeopardize their safety, that of other participants, or that of the supervisors.

Any behaviour contrary to safety may justify the exclusion of the Client from the Trip. This exclusion does not entitle the Client to any refund of the price.

8.2. Client's technical/physical abilities
In case of doubt and before any booking, the Company asks the Client to gather all necessary information from its advisors and from specialists, such as doctors in case of medical history.

Failure to meet the specified level requirements indicated on the Information Sheet may justify the exclusion of the Client from the Trip. This exclusion does not entitle the Client to any refund of the price.

Article 9 – Luggage
The Client is required to keep fragile and valuable items (glasses, electronic devices, documents, etc.) with them at all times. The Client must ensure the presence of their luggage during transfers.

The total luggage weight allowed per person is mentioned in the Information Sheet of the Trip. In case of excess weight, the Client is required to pay the additional fee charged by the carrier.

Article 10 – Administrative and health formalities
Administrative and health formalities relating to the Trip are listed on the Information Sheet. In any event, it is the Client’s responsibility to hold an acceptable form of identification valid for his/her Trip. This applies to each participant, in the case of multiple participants, including minors.

This information is provided as an indication and does not exempt the Client from ensuring he is aware of police, customs and healthcare formalities in place in the country where the Trip takes place.

Article 11 - Insurance
The Trip price does not include any insurance. The Client is obliged to have a repatriation & assistance insurance covering the Trip. Cancellation insurance is strongly recommended. Via the Company, the Client can take out repatriation & assistance & cancellation insurance, the details of which appear on the Website.

The Client is aware of the fundamental importance of having insurance. Therefore, the Company will not be considered liable if the Client has not taken out insurance and/or if the Client has taken out an insufficient insurance policy.

In all cases, it is the Client's responsibility to be aware of the insurance terms and to contact the insurer themselves to activate the insurance and assert their rights."

Article 12 – Withdrawal
The Contract does not entitle the Client to the right to withdrawal, as set out in article L.121-20-12 of the Code de la consommation (France’s Consumer Code).

Article 13 – Personal data
The Client’s personal data are automatically processed by computer for purpose of processing Trip purchases. In order to allow the completion of Clients’ bookings, these data are also disclosed to the Company’s partners. Furthermore, and subject to the Client’s express agreement, these personal data may also be used for marketing purposes. According to the Informatique et libertés (France’s Data Protection) law of 6th January 1978, the Client has the right to access and rectify or delete any information about him/her as well as the right to prevent the processing of his/her personal data. These rights are recognised by the Company.

Article 14 – Additional information

The Company undertakes to, where appropriate, provide the Client with the following information, at least 10 days before his/her scheduled departure date:

- The name, address and telephone number of the local representative of the Company or, failing that, the names, addresses and telephone numbers of the local bodies likely to be able to help the Client in case of difficulty or, failing that, an emergency telephone number for contacting the Company;

- Where the Trip involves minors travelling abroad, a telephone number and address allowing direct contact with the child or the adult with responsibility for the child during the Trip.

Article 15 – Tolerance/Waiver – Changes
Any tolerance or waiver by one of the parties in relation to the non-fulfilment or poor fulfilment by the other party of one of the provisions of these T&Cs can, under no circumstances, and whatever the duration, generate any right whatsoever for the party concerned, nor alter in any way the nature, scope and execution of these obligations by the other party. The Company can, at any time, make any changes or adaptations to these T&Cs. The applicable T&Cs will be those in place on the date of the Contract.

Article 16 – Claims - Mediation
16.1. Claims
The Client can address any claim arising from the non-fulfilment or poor fulfilment of the Contract to the Company at its head office by registered post with proof of delivery. The Client is strongly advised to support any claim with any factual evidence so that, if required, in case of any finding of failure by the Company in its obligations compensation may be considered. The Company will make every effort to reply to the Client within three (3) weeks from receipt of the said letter.

16.2. Mediation
In the absence of agreement between the Company and the Client, the latter may have recourse to a standard mediation process by submitting the details of his/her dispute with the Company to the following mediation service: MTV, Médiation Tourisme et Voyage (Mediation, Tourism and Travel) via the website mtv.travel. Regardless of the method used to contact the mediation service, the Client’s application must include the following details: his/her postal and email addresses, telephone number(s) as well as the full name and address of the Company, a brief statement of the facts, and evidence of any preliminary approaches made to the Company

Article 17 – Domicile – Governing Law – Attribution of jurisdiction
The parties shall be deemed to be domiciled at their head offices and/or respective residences. The parties shall attempt to resolve on an amicable basis any dispute that may arise between them relating to the validity, interpretation, execution and cancelling of the Contract. It is also noted that the Client benefits, in case of dispute, from a mediation service and can also bring his/her case before the relevant courts with jurisdiction where he/she is domiciled