GENERAL CONDITIONS OF SALE
AND LEGAL NOTICES
Effective 10/11/2022
ARTICLE 1 - Scope
These General Terms and Conditions of Sale (hereinafter referred to as “GTC”) apply, without restriction or
reservation, to all purchases of services offered on the chamonix-hiking.com website.
The main features of the trips are presented on the chamonix-hiking.com website.
The Customer is required to read them before placing an order. The choice and purchase of an activity is the sole responsibility of the Customer. These GTC are accessible at any time on the chamonix-hiking.com website and shall prevail over any other document.
The Customer declares that they have read these T&Cs when placing an order with CHAMONIX HIKING.
Unless proven otherwise, the data recorded in the CHAMONIX HIKING computer system constitutes proof of all transactions concluded with the Customer.
The website host is LWS, rue Jules Ferry, 88190 Golbey, France.
The contact details for CHAMONIX HIKING are as follows:
E.I Olivier GOUJON
Registration number: 1920583050082
85 Route du Pont
74310 Les Houches
Email: olivier@emotionalpine.com
Phone: 0634130692
For purchases of “itinerant” stays, payment is made to the partner company NUYAMA in order to comply with the ATOUT FRANCE approval requirement for “all-inclusive” stays. NUYAMA's terms and conditions of sale, which can be viewed on the website https://www.nuyama.com/conditions-generales-vente/, will therefore apply.
ARTICLE 2 – Prices
Prices are quoted in euros, including VAT. VAT not applicable (art. 293 B of the CGI).
These prices are firm and non-revisable during their period of validity, but CHAMONIX HIKING reserves the right to modify prices at any time outside this period. Prices include what is described in the course technical data sheet, under the conditions indicated on the website and calculated prior to placing the order.
ARTICLE 3 – Registration
It is the Customer's responsibility to select the activities they wish to participate in on the chamonix-hiking.com website, according to the following terms and conditions:
The customer registers for the activity they wish to participate in via the chamonix-hiking.com website and by email or telephone. A confirmation email will then be sent to them. Before the start of the activity or stay, the supervisor will contact the participant to determine the more precise conditions of the stay, depending on weather conditions, for example. The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately. Any order placed constitutes the formation of a distance contract between the Customer and CHAMONIX HIKING.
CHAMONIX HIKING reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment for a previous order.
ARTICLE 4 - Terms of payment
The price is paid via secure payment, according to the following terms:
• Payment by credit card
• or payment by check
• or by payment link
• or payment by bank transfer to the service provider's bank account (details of which can be provided by email on request)
The price is payable according to the following terms and schedule:
• 30% upon registration
• The remainder 30 days before the start of the activity.
In the event of late payment and payment of sums due by the Customer beyond the deadlines set above, CHAMONIX HIKING reserves the right to cancel the participant's registration under the conditions of Article 7-Cancellation.
Payments made by the Customer will only be considered final after CHAMONIX HIKING has actually received the sums due.
ARTICLE 5 - Course of activities and stays
The times, locations where activities begin, and any other details are indicated on the chamonix-hiking.com website and may be refined after discussion with the Customer.
A reminder will be sent to each participant shortly before the start of the activity. Activities take place under the responsibility of the supervisor. As the mountain environment is changeable, the supervisor reserves the right to modify all or part of the trip or activity without prior notice in order to meet the safety and satisfaction needs of the majority of participants, without giving rise to any right to a refund.
ARTICLE 6 - Right of withdrawal
Given the nature of the activities provided, orders placed by the Customer do not benefit
from the right of withdrawal.
The contract is therefore definitively concluded as soon as the Customer places the order
in accordance with the terms and conditions specified in these GTC.
ARTICLE 7 - Cancellation
The Customer may cancel their participation in an activity. The following fees will be charged:
• More than 30 days before the start of the activity or stay: 30% of the total price
• Between 15 and 30 days before the start of the activity or stay: 50% of the total price
• Less than 15 days before the start of the activity or stay: 100% of the total price
In addition, it is recommended that each participant take out personal cancellation insurance.
As the nature of the activity sold by CHAMONIX HIKING requires the instructor to be in peak physical condition
, the instructor reserves the right to cancel the activity in the event of injury or illness. Participants will be informed of this decision as soon as possible and no later than the evening before the activity. A refund of the amounts paid by the participant will then be made, proportional to the number of days of the stay canceled. To compensate for this, every effort will be made to find a replacement guide who meets the quality and certification requirements of CHAMONIX HIKING.
The minimum number of participants required for a group activity to take place is indicated on the activity information sheet available on the chamonix-hiking.com website. If this number is not reached 15 days before the start of the activity, a full refund of the sums paid to CHAMONIX HIKING will be made.
ARTICLE 8 – INSURANCE
The guide is insured by his own Professional Civil Liability insurance:
Olivier GOUJON is insured under contract no. 105.630.300 through his membership of the SYNDICAT NATIONAL DES ACCOMPAGNATEURS EN MONTAGNE (S.N.A.M.), whose headquarters are located at:
“Maison des Parcs et de la Montagne,” 256 rue de la République – 73000 CHAMBERY.
Tel: 04.79.70.20 42.
Each participant must have their own civil liability insurance, which does not replace
that of the guide. It is recommended that participants take out specific sports insurance.
ARTICLE 9 - Personal data
The Customer is informed that the collection of personal data is necessary for the sale, performance, and delivery of the Services, as well as for their transmission to third parties involved in the performance of the Services. This personal data is collected solely for the purpose of carrying out the activity or stay.
9.1 Collection of personal data
The personal data collected on the chamonix-hiking.com website is as follows
:
Account creation
When creating a Customer/user account:
Surname, first names, postal address, telephone number, and email address.
After registration: Prerequisite form, health questionnaire
9.2 Recipients of personal data
Personal data is reserved for the sole use of CHAMONIX HIKING.
9.3 Data retention period
The Service Provider will retain the data collected for a period of 5 years, covering the
period of limitation of applicable contractual civil liability.
9.4 Exercising the rights of Customers and users
In accordance with the regulations applicable to personal data,
Customers and users of the chamonix-hiking.com website have the following rights:
They may update or delete data concerning them by sending a request
by email to olivier@emotionalpine.com
ARTICLE 10 - Intellectual property
The content of the chamonix-hiking.com website is the property of CHAMONIX HIKING and its partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and may
constitute an infringement of copyright.
ARTICLE 11 - Applicable law - Language
These T&Cs and the transactions arising therefrom are governed by and subject to French law.
These T&Cs are written in French. In the event that they are translated
into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 12 - Disputes
CHAMONIX HIKING undertakes to make every effort to carry out the activities within the framework of an obligation of means. Despite all efforts made, the customer may lodge a complaint in the event of a dispute.
To do so, they must send a registered letter with acknowledgment of receipt to the following address: CHAMONIX HIKING – Olivier GOUJON, 85 Route du PONT, 74310 Les Houches.
A maximum of factual information will be requested in order to find an adequate compensation.
In accordance with the provisions of Articles L 611-1 and R 612-1 et seq. of the French Consumer Code concerning the amicable settlement of disputes: If, after sending this registered letter, the customer has not obtained satisfaction or a response within two months, they may submit their complaint free of charge to the consumer ombudsman. The mediator must be contacted within a maximum of one year from the initial complaint.
The chosen mediator is MCP MEDIATION. They can be contacted directly online at the following address:
https://mcpmediation.org/ or by mail at MÉDIATION DE LA CONSOMMATION & PATRIMOINE
- 12 Square Desnouettes - 75015 PARIS
ARTICLE 13 – Image rights
Unless expressly requested by each participant, CHAMONIX HIKING reserves the right to use
photos and/or videos of participants for promotional purposes.