Terms and Conditions of Sale for the purchase of day-style activity

Terms and Conditions of Sale for the purchase of DAY-STYLE ACTIVITY
Version dated 18/09/2023

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 day-style 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 : : ALLIANZ RC pro, contrat n°621 38 930;

- 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:

email: info@chamonix-guides.com;

telephone: +33 (0)4 50 53 00 88.

Article 1 – Description of services

The Company markets to its Clients sporting and recreational day-style activities in mountain areas known hereafter as “the Activity” or “the Activities”.

Article 2 – Contract process

2.1. Information

Information about the Activity concerned is available on our Website and at our offices. 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. Booking

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. 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 after obtaining all the necessary information. 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. 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, if they have provided their email address, a confirmation email for each Activity, which contains these T&Cs, the contract, and a receipt for the deposit. In this case, 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 Activity is shown in the Information Sheet. Services included in, and excluded from, the Price are specifically listed. In principle, all cost items not explicitly indicated as included in the Price are excluded from it.

3.2. Payment

In order to make 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).

In case of payment by credit card, if the full Price has not been paid before the start of the Activity, the balance will be automatically charged to this same credit card.

Article 4 – Cancellation – Modification

4.1. Cancellation by the Company

In case of cancellation of the Activity 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 after 8 p.m. of the day before the Activity.

In case of cancellation of the Activity 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 whole of the amount paid by the Client, without the Client being entitled to any other compensation.

4.2. Modification by the Company

The Company may need to modify the itinerary of an Activity 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 an Activity based on the technical and/or physical level of the Clients if it does not meet the requirements communicated by the Company.

When the Company modifies the itinerary (meeting time, duration, location, ascent, etc.) of the Activity, Clients are required to accept this modification, without 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. Booking fees, which are fixed at 5% of the cost of the Activity with a minimum of five (5) euros are never refunded.

In case of cancellation, the following sums are retained:

-Before 12pm, 2 days before the start of the Activity: booking fees

-After 12pm, 2 days before the start of the Activity: 100% of the cost of the Activity

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

4.4. Modification by the Client

Any modification initiated by the Client regarding the number of participants in an Activity is subject to a supplementary fee of ten (10) euros per participant added or removed, in addition to any modification of the Price.

Article 5 – 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 6 – Client behaviour and technical/physical abilities

6.1. Client behaviour

The Client is aware of the sporty or even extreme nature of the Activity. 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 Activity. This exclusion does not entitle the Client to any refund of the Price.

6.2. 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 communicated to the Client may justify the exclusion of the Client from the Activity. This exclusion does not entitle the Client to any refund of the Price.

Article 7 - Organization of the Activity

For the smooth running of the Activity, the Client undertakes to adhere to the meeting times communicated. Failure to adhere to the appointment time by the Client may result in a modification of the Activity or exclusion of the Client. This exclusion does not entitle the Client to any refund of the Price.

Article 8 – 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 9 - Insurance

The price of the Activity does not include any insurance. It is the Client’s responsibility to ensure that they take out individual civil liability insurance for the practice of the Activity without limitation of location and altitude, including assistance, search, rescue, and repatriation.

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.

Article 10 – 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 11 – 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 12 – 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 13 – Claims - Mediation

13.1. Claims

The Client can address any claim arising from the non-fulfilment or poor fulfilment of the Contract to the Company. 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.

13.2. 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: MCP, Mediation from the website mcpmediation.com

Article 14 – 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