Terms and Conditions of Sale for the purchase of day-style activity
Version dated 25/01/2021
In case of disagreement over the interpretation of these terms and conditions of sale, the original version in French shall prevail.
These terms and conditions of sale (or “T&Cs”) apply to the purchase of any activity by a consumer (or the “Client”), offered via the brochures and chamonix-guides.com website (or the “Website”) 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:
- has the authority to manage reservations on behalf of the ASSOCIATION COMPAGNIE DES GUIDES DE CHAMONIX MONT BLANC;
- employs professionals holding the necessary diploma as well as an individual insurance covering professional liability;
- holds public liability insurance with MMA IARD, 14 Bd Marie et Alexandre Oyon, 72000 LE MANS - Policy n°143350435, 112496614, 112546365, 25161955.
For any questions regarding bookings and purchases, the Company can be contacted by:
telephone: +33 (0)4 50 53 00 88.
Article 1 – Description of services
The Company markets to its Clients sporting and recreational day activities in mountain areas known hereafter as “the Activity” or “the Activities”.
Article 2 – Contract process
Information about the Activity concerned is available on our Website, at our offices, as well as in these T&Cs. This information relates notably to the destination, itinerary, 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.
2.2.1. Via the Website
From the webpage about the chosen Activity, the client is directed to the reservations centre where certain personal details are requested in order to process the booking. The booking can take place only if the Client acknowledges he/she has read these T&Cs as well as the information contained within the webpage of the Activity. The Client must pay the full price in order to confirm any booking - as detailed in Article 3.2.
2.2.2. In the offices
The Client can book an Activity in our offices. Certain personal details may be requested in order to process the booking. The booking can take place only if the Client acknowledges he/she has read these T&Cs and is aware of the details concerning the Activity. The Client must pay the full price in order to confirm any booking - as detailed in Article 3.2.
2.3. Booking confirmation
The Client will receive a confirmation email for each Activity, which contains these T&Cs, the contract, and a receipt for the deposit.
Article 3 – Payment
In order to confirm a booking, a payment of the full price is requested. Payment may be made by bank transfer, credit card (not American Express), in cash (up to a maximum of €1000 per Activity), by cheque (issued by a French bank only), or Chèque vacances (French holiday vouchers) paid in the Company offices.
Article 4 – Cancellation
4.1. Cancellation by the Company
The Company will notify the Client of any cancellation, for whatever reason, by email or by phone. In case of cancellation of the Activity by the Company:
- as a result of insufficient participant numbers the Company will refund the whole of the amount paid by the Client. It is specified that in this case the cancellation cannot occur after 8 p.m. of the day before the activity.
- as a result of exceptional and inevitable circumstances, the Company will refund the whole of any amount paid by the Client;
- on any other grounds, the Company will refund the Client the total amount paid by him/her together with compensation equivalent to that which the Client is likely to accept in case of cancellation on his/her part.
By mutual agreement, the Parties may decide to substitute an Activity of the equivalent value in place of a refund for the amount paid by the Client.
4.2. Cancellation by the Client
Any cancellation request from the Client will be made by phone or in the offices. Booking fees, which are fixed at 5% of the cost of the Activity and capped at two hundred (200) Euros are never refunded.
In the case of cancellation, the following sums are retained:
- After 12 a.m. of the day before the Activity : 100% of the cost of the Activity
Article 5 – Liability
5.1. Company liability
The Company will neither be considered liable for nor at fault for any delay or non-fulfilment resulting from a case of force majeure. For the purposes of these T&Cs, a case of force majeure, in addition to the meaning this term has under French case law, means any event of any kind that can be deemed to be beyond the control of the Company.
In relation to the type of activities offered by the Company, it shall not be held liable for changes made to activities for reasons of safety; for changes in the programme as a result of weather and conditions in the mountains, of the fitness levels of participants, and of their technical skills. Equally, it shall not be held liable if the following safety instructions are not observed by the Client.
5.2. Client liability
The Client shall not be held liable for failure to comply with his/her contractual obligations in the case of force majeure, as per the meaning set out above.
Article 6 – Safety
The Client is cognisant of the (sometimes extreme) sports nature of the Activities. He/she undertakes to abide by the advice and instructions provided by the service providers and guides.
The Client refrains from personal actions that could endanger his/her own safety, that of other participants and of any accompanying professionals whilst taking part in these activities.
It will be the professional supervising the Activities who decides on any changes in Activities for reasons of safety, of weather and conditions in the mountains, of the fitness levels of participants, and of their technical skills. As a result, a different route or another mountain range may be proposed, with any supplemental costs occasioned remaining the responsibility of the Client.
Failure to follow safety instructions such as, for example, participating in an Activity without complying with the obligatory fitness/skills levels could justify the exclusion of the Client. This exclusion, decided on for safety reasons, does not entitle the Client to any refund.
Article 7 – Administrative and health formalities
It is the Client’s responsibility to hold an acceptable form of identification valid for his/her Activity. 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 Activity takes place.
Article 8 - Insurance
The Activity price does not include any insurance. We strongly recommend Clients to buy an insurance covering search and rescue operations, as well as a repatriation insurance valid for the Activity.
Article 9 – 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 10 – Personal data
The Client’s personal data are automatically processed by computer for purpose of processing Activity 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 11 – 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 12 – 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.
Article 13 – 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