Terms and Conditions of Sale for the Purchase of a Stay Service Version of 05/09/2023
Preliminary Remarks These terms and conditions of sale (or “TCS”) apply to any purchase of a stay by a consumer (or the “Client”), offered notably through brochures or on the website acumpanyat.com by the company SAS ACUMPANYAT EXPERIENCES, a simplified joint-stock company with a capital of €14,000, whose registered office is located at 27 avenue du Général Leclerc, 65260 Pierrefitte-Nestalas, registered with the RCS of TARBES under number 882 110 471 – VAT number FR 26 882110471.
It is specified that in the context of its activity, the object of these presents, the Company: – has been registered in the register of travel and holiday operators under the following number: IM065220003 on November 2, 2022; – holds a financial guarantee subscribed with APST; – holds civil liability insurance subscribed with HISCOX SA, 38 avenue de l’Opéra, 75002 PARIS. Contract No. 03478815.
For any questions related to bookings or purchases made, the Company can be reached by: Email: acumpanyat@gmail.com; Phone: +33 (0)7 86 87 04 93.
Article 1 – Our Stay Offers
On our website, we provide technical sheets offering detailed information on the nature and specifics of each stay (available online as tabs or downloadable in PDF format).
You can notably consult the day-by-day program, practical information about the stay, and access all useful information for its realization (level of difficulty, minimum number of participants, accommodation).
On our website and in the sheets, the “dates” and “prices” sections will give you an indication of the price of the stay for the intended date.
1.1- Physical Fitness
We draw your attention to the fact that we offer stays that may require more or less significant physical commitment. Consequently, we recommend that you carefully read the LEVEL section of the stay’s technical sheet. It is up to each participant to determine, based on the provided information, if they have the necessary capabilities.
In case of doubt and before any registration, we invite you to contact Acumpanyat Experiences as well as any specialist (e.g., your attending physician in case of medical history) to validate your ability to undertake the intended stay.
1.2- Guided Stays
These tours allow you to travel in a group led by a guide or several guides (in the case of multi-activity stays). A minimum number of participants may be required, this information is available on our website in the stay description.
We can accommodate minors accompanied by an adult, provided their age and physical fitness make it possible to complete the tour under normal conditions.
Article 2 – Contractual Process
2.1. Information The Client reviews on the Website the information related to the relevant stay on the Technical Sheet and in these TCS. This information covers, among other things, the destination, itinerary, activities, required physical and technical levels, risks involved, required number of participants, transportation, accommodation, catering, administrative and health formalities, cancellation conditions, price, payment methods, and the option to purchase insurance.
2.2. Registrations
Registration for one of our stays implies acceptance of our terms of sale. It becomes effective after returning your “Agreement Form” and paying a minimum deposit of 30% of the total stay amount, with the balance to be paid no later than one month before the departure date. After registration, we will send you an acknowledgment of receipt followed by an invoice once the stay is confirmed. No other proof will be issued to you.
In case of your cancellation, a processing fee of 40 euros per person will be charged. The registration must be made in the names and surnames of the travelers as they appear on the identity document used for the trip. If the names and surnames are changed after registration, the related modification fees will apply in addition to the registration. In accordance with art. L. 221-28 of the Consumer Code, you do not benefit from the withdrawal period applicable to distance and off-premises contracts for the purchase of travel services.
2.2.1. Via Acumpanyat.com On the chosen stay page, the client is directed to the booking center where a set of personal information is required to place the order. The order can only take place if the Client acknowledges having read these TCS and the information contained in the Technical Sheet. A deposit as detailed in Article 3.2 must be paid by the Client to validate the order.
2.2.2. By Phone or On-site The Client can validly order a stay by phone or on-site after reviewing the related information on the Website. A sales advisor will place the order for the client through the booking center following the process described above.
2.3. Contract For each Stay, the Client receives a confirmation email containing the technical sheet of the stay, these TCS, the deposit receipt, and the contract (the “Contract”). If the Client does not receive the confirmation email, they must contact the Company.
Article 3 – Price – Payment of Price – Price Adjustment
3.1. Price The price of the stay is indicated in the technical sheet of the stay on the website. The services and provisions included and excluded from the price are explicitly stated. As a principle, all expense items not expressly stated as included in the price are excluded. Unless specifically indicated in the aforementioned document, drinks and personal equipment necessary for activities are never included in the price.
3.2. Payment of Price For stay orders placed more than 30 days before the start of the stay, a deposit is paid under the conditions referred to in Article 2.2. This deposit amounts to 30% of the total price. The balance is payable before the 30th day preceding the start of the stay.
For stay orders placed within 30 days before the stay, the full price is payable under the conditions referred to in Article 2.2.
All amounts due are payable by bank transfer, bank credit card (except American Express), cash (up to €1,000 per stay), check (only issued by a French bank), or holiday check directly at the Company’s premises.
In the event of non-payment within the above period, the Company will not be obliged to maintain the availability of the stay. Any amount not paid when due, despite a reminder remaining ineffective for 5 working days, will result in penalties equal to the legal interest rate plus three (3) points, starting from the day following the due date, without prejudice to the reimbursement of recovery costs actually incurred by the Company and all other rights and remedies available to the Company.
3.3. Price Adjustment
The price of our trips is firm, final, and in euros. However, in accordance with Article L211-12 of the Tourism Code, the price may be adjusted upwards or downwards, up to 20 days before the departure date, without the possibility of cancellation/resolution by you, for one or both of the following price changes:
– Passenger transport costs resulting from fuel or other energy sources; – The level of taxes or fees on travel services included in the contract, imposed by a third party not directly involved in the performance of the contract, including tourist taxes, landing taxes, or embarkation and disembarkation fees at ports and airports.
Any refusal by the traveler(s) to pay this adjustment, as long as it is not significant, will be considered as a cancellation/resolution by the traveler(s), and cancellation/resolution fees from Article 5 will apply.
In the technical sheet of the stay, section DATES AND PRICES, you will find the dates or periods, the rate, and the sections:
– The price includes – The price does not include
The client expressly acknowledges having read the information related to the stays they have chosen, available on acumpanyat.com through our brochure and technical sheets provided to them.
Article 4 – Cancellation – Modification of the Stay
4.1. Cancellation by the Company
Any cancellation, regardless of the reason, will be notified by the Company to the Client by email. In case of cancellation of the Stay by the Company:
Based on an insufficient number of participants, this number being indicated on the Technical Sheet, the Company will refund all amounts paid by the Client. It is specified in this case that the cancellation may not occur:
Based on exceptional and unavoidable circumstances, the Company will refund all amounts paid by the Client;
Based on any other reason, the Company will refund the Client all amounts paid plus compensation equivalent to what the Client might incur in the event of cancellation on their part.
By mutual agreement, the Parties may decide to substitute a Stay of equivalent value for the refund of the amounts paid by the Client. Several replacement solutions will be proposed to you. If no solution suits you, you will be fully refunded.
4.2. Modification by the Company
4.2.1. Before the start of the stay
If before the start of the Stay, an external event forces the Company to modify an essential element of the Contract concluded with the Client, it will notify the Client by email as soon as possible and propose, if possible, a modification of the Stay. The Client may either accept the proposed modification or terminate the Contract, resulting in a refund of the amounts paid. The Client will indicate their choice by email within eight (8) calendar days from receipt of the aforementioned information. In the absence of a response within this period, the Client will be deemed to have accepted the proposed modification.
4.2.2. After the start of the stay
If after the start of the Stay, the Company is unable to provide a substantial part of the services or activities mentioned in the Contract, representing a significant percentage of the price paid by the Client, the Company will make its best efforts to replace them with equivalent services or activities. If the Company cannot offer any replacement services or if the replacement services are refused by the Client for valid reasons, the Company must ensure the Client’s return, at no additional cost and under equivalent conditions, to the departure location or to another agreed location.
4.3. Cancellation by the Client
Any cancellation request must be made by the Client by email, ensuring its proper receipt. The processing fee, set at 5% of the stay price capped at two hundred (200) euros, as well as insurance costs, are never refundable.
In case of cancellation for stays of 2 days or more, the following amounts will be retained:
In case of voluntary interruption of the Stay by the Client, they will not receive any refund or compensation.
These withholdings will be refunded by insurance in case of justified cancellation, less fixed fees, processing fees, and insurance amounts.
Special Cases concerning international travel: In the case of an airline ticket issued in advance, whether at your request or due to the policy of certain airlines for certain fare types, a cancellation fee equal to 100% of the ticket price will be charged, regardless of the cancellation date. Any participant not respecting the meeting places, dates, or times will not be entitled to any refund, nor will anyone excluded by your guide for insufficient level or non-compliance with safety instructions.
Article 5 – Transfer of Contract
In accordance with Article R 211-7 of the Tourism Code, you may transfer your contract to a transferee (buyer) who meets the same conditions as you to undertake the trip as long as the contract has not produced any effect. You must inform ACUMPANYAT EXPERIENCES of your decision by any written means allowing for an acknowledgment of receipt at least seven days before the start of the trip. In the event of a contract transfer, the transferor and/or transferee are required to pay the transfer fees, which will be communicated to you upon request. In particular, airline tickets are nominative and are often non-refundable.
Article 6 – Duration
The Stay begins and ends on the dates indicated in the Contract. The Contract takes effect on its conclusion date.
Article 7 – Liability
7.1. Company Liability
The Company will not be considered liable or in default for any delay or non-performance resulting from a force majeure event. For the purposes of these terms, force majeure is understood to mean any event of any nature beyond the Company’s control, in addition to its meaning under French jurisprudence.
It will also not be held liable for acts of third parties unrelated to the provision of services under the Contract or for the improper performance of the Contract attributable to the Client. Given the type of activities offered by the Company, its liability cannot be engaged in case of activity modifications required for safety reasons; program changes due to weather and mountain conditions, participants’ fitness, or their technical skills. Likewise, its liability cannot be engaged in case of non-compliance by the Client with the safety instructions detailed below.
7.2. Client Liability
The Client will not be held liable for failure to meet their obligations in the event of force majeure as defined above.
Article 8 – Safety
The Client is aware of the sporting or even extreme nature of some of the activities offered during the Stays. They agree to comply with the advice and instructions given by the providers and guides.
The Client must refrain from any personal initiative within the activities that could jeopardize their safety, the safety of other participants, or the professionals accompanying them.
The professional guide will decide on any activity modifications for safety reasons, weather and mountain conditions, participants’ fitness, or their technical skills. A different itinerary or another massif may be proposed, and the additional costs incurred will be borne by the Client.
Non-compliance with safety instructions or participation in a Stay without meeting the level requirements detailed on the Technical Sheet may justify the Client’s exclusion from the Stay. This exclusion, made for safety reasons, will not entitle any refund of the price.
Article 9 – Administrative and Health Formalities
Information regarding administrative and health formalities is provided by ACUMPANYAT EXPERIENCES. Each traveler is responsible for ensuring they are compliant with police, customs, and health formalities (passport, visa, vaccination certificate) before departure and during the trip. This information is provided in the technical sheet prior to registration. It may change based on the administrative situation of the country. It concerns French nationals. We particularly emphasize to our foreign participants that they may be subject to different admission rules. All costs related to these procedures are the responsibility of the traveler. No refund of the trip price will be made if a traveler cannot depart due to non-compliance with these formalities.
**Article 11 – Withdrawal**
The Contract does not grant a right of withdrawal as defined in Article L.121-20-12 of the Consumer Code.
**Article 12 – Travel with Air Transport**
**12.1 – Carrier Identity**
The identity of the carrier(s) potentially providing your transport during your trip is listed on the technical sheet of the trip. In case of changes after your registration, ACUMPANYAT EXPERIENCES commits to inform you by all means, as soon as it becomes aware, of any changes in the identity of the carrier(s), especially the airlines. In compliance with our obligation, we inform you that the European list of banned airlines can be consulted on the website [https://ec.europa.eu/transport/modes/air/safety/air-ban_fr](https://ec.europa.eu/transport/modes/air/safety/air-ban_fr).
**12.2 – Changes in Transport Schedules**
We do not know the exact schedules of your transport (e.g., flights) at the time of publishing our travel offer. To give you a sense of the actual duration of your stay, unless otherwise specified in the travel description, the first and last day of the trip are generally dedicated to transportation.
For air transport, we inform you that flight schedules may vary until the departure of the trip based on traffic authorizations granted by the competent authorities to the airlines. To avoid any confusion, we will communicate the schedules to you as soon as they are confirmed by the airline.
Stopover times are determined by the airlines according to their flight plans and may be modified due to regulatory reasons and circumstances beyond the carrier’s control, without this constituting a reason for cancellation without charges.
Any flight can occur at any time of the scheduled day and may require arriving at the airport a few hours before the start of that day, up to a maximum of 3 hours in advance.
**12.3 – Changes in Itinerary, Station, Port, and/or Airport**
Any carrier may, without prior notice, change not only the schedules but also the itinerary as well as the departure and destination stations, ports, and/or airports, particularly due to technical, climatic, or political incidents outside of ACUMPANYAT EXPERIENCES or strikes outside of ACUMPANYAT EXPERIENCES. These events may cause delays, cancellations, or additional stopovers, changes in equipment, or routes. In the case of air transport, the traveler holding a boarding pass remains under the protection and assistance of the airline.
**12.4 – Non-performance of the Transport Service**
In case of non-performance of the reserved transport service due to the traveler, for any reason outside of ACUMPANYAT EXPERIENCES, the outbound and/or return transport ticket will be canceled by the carrier. The traveler will then have to purchase, at their own expense, one or more transport tickets to undertake the trip. For air transport tickets, the boarding taxes of unused tickets are refunded upon request (art L 224-66 C. consom.).
**12.5 – Delays / Cancellation of Transport Services**
In case of delays in transport at departure or return of the trip, and/or damage or loss of luggage, denial of boarding, and/or cancellation of flight by the airline, we recommend the traveler to keep all original documents (tickets, boarding passes, or luggage tags…) and to request written proof from the carrier to assert their rights.
If the traveler(s) decide(s) to cancel the trip due to the above-mentioned changes which do not affect an essential element of the trip, cancellation fees will be charged.
**12.6 – Luggage**
The airline is solely responsible for damages, theft, loss, or delay of the luggage entrusted to it. You must declare the damage to this carrier as soon as possible. International conventions define the compensations owed by the airline in case of loss or damage to luggage.
During the trip, luggage may also be transported by rudimentary means (mule or camel back, roofs of 4X4s) and must be adapted to these conditions. Each traveler is responsible for keeping fragile and valuable items (glasses, electronic devices, documents, etc.) with them at all times. Each traveler must ensure the presence of their luggage during transfer organization.
**12.7 – Transfer Before Departure and Return of the Trip**
For each traveler who organizes their own arrangements before departure (transport, hotel…) to the start point of the trip and back to their home at the end of the trip, ACUMPANYAT EXPERIENCES recommends purchasing modifiable and/or refundable services (transport tickets and others) and planning reasonable transfer times between airports/ports/stations.
In case of an unforeseeable or unavoidable event caused by a third party or the traveler, which modifies the travel services booked with ACUMPANYAT EXPERIENCES and/or requires changes to the reservations made by the traveler(s) (not included in your trip), ACUMPANYAT EXPERIENCES will not be liable to reimburse the incurred costs.
**12.8 – Liability**
ACUMPANYAT EXPERIENCES cannot be held responsible for the consequences of the following events:
– Loss or theft of transport tickets by the traveler(s).
– Failure to present the required administrative and/or health documents (passports, visas, vaccination certificates) to authorities and/or carriers (airlines, etc.) necessary for undertaking the trip and crossing borders, in accordance with the information provided by ACUMPANYAT EXPERIENCES.
– Arrival after the scheduled time for check-in and/or boarding of any transport journey, especially flights. No refund for the transport ticket will be due by ACUMPANYAT EXPERIENCES in this case.
– Unforeseeable or unavoidable events by a third party such as: wars, political unrest, strikes outside of ACUMPANYAT EXPERIENCES, foreign riots, technical or administrative incidents outside of ACUMPANYAT EXPERIENCES, airspace congestion, weather delays, malfunctions, loss or theft of baggage or other personal effects of travelers.
– Cancellation imposed by exceptional and unavoidable circumstances, and/or for reasons related to the maintenance of travelers’ safety, and/or by order of an administrative authority: in this case, ACUMPANYAT EXPERIENCES reserves the right to change the dates, times, or itineraries to ensure travelers’ safety, without recourse by the latter.
Due to the organization of airlines and maritime companies, we may be forced to change dates, as inconvenient for you as it is for our partners and ourselves. Similarly, your trip may be delayed due to disruptions in air or maritime transport, at the departure airport, the embarkation port, or during the trip.
In all cases, ACUMPANYAT EXPERIENCES cannot be held responsible for these inconveniences, which directly result from aviation legislation. The actual additional costs incurred (hotel, meals, etc.) will therefore be at your expense.
Connections are not guaranteed, even in the case of pre- and post-transfers issued on the same ticket, no compensation will be granted by ACUMPANYAT EXPERIENCES, which, like you, is subject to these inconveniences related to aviation legislation.
**Article 13 – Complaints**
**DURING THE TRIP**
You are required to inform ACUMPANYAT EXPERIENCES of any non-conformity observed during the execution of the trip by contacting us immediately. Failure to report a non-conformity on-site may influence the amount of any damages or price reductions due if reporting without delay could have prevented or reduced the damage to the traveler(s).
**AFTER YOUR TRIP**
Travelers may send any complaints in writing to ACUMPANYAT EXPERIENCES, 27 Avenue du Général Leclerc, 65260 Pierrefitte-Nestalas, as soon as possible following the return date of the trip, accompanied by supporting documents. In the absence of a satisfactory response within a maximum of 60 days, you may contact the Tourism and Travel Mediator, whose contact details are: MTV Médiation Tourisme Voyage – BP 80 303 – 75 823 Paris Cedex 17. You can also find all the procedures on their website: [www.mtv.travel](http://www.mtv.travel).
**Article 14 – Use and Protection of Personal Data**
The information you provide to us is recorded in a computerized file by ACUMPANYAT EXPERIENCES SAS, whose head office is located at 27 Avenue du Général Leclerc, 65260 Pierrefitte-Nestalas, registered with the RCS of TARBES under number 882 110 471, in its capacity as data controller. Some information must be provided to ACUMPANYAT EXPERIENCES when you request a trip to be processed and then carried out; these are visibly marked with an asterisk. If not provided, your requests cannot be processed. Other requested information is optional. Processing of your personal data is necessary to enable us to offer you the services of a contract for a trip. The personal data collected is used to provide access to all information concerning your trip requests or your trips, to execute your requests (registration, execution of travel services), to offer you similar services or offers that may interest you, to create statistics, to subscribe you at your request to newsletters, and to communicate with your agreement information about ACUMPANYAT EXPERIENCES and its partners (new products, services, marketing and personalized offers). We inform you that to enable the execution of your order for travel services, your data will be communicated to ACUMPANYAT EXPERIENCES partners, service providers of reserved services (accommodation providers, carriers…) or technical service providers (IT, hosting, email distribution, online payment provider, etc.), which may be located outside the European Union. Our partners commit to using your personal data only to execute certain tasks essential for the realization of your trip, strictly respecting your rights concerning personal data protection and according to the applicable legislation. ACUMPANYAT EXPERIENCES commits not to transfer or sell your personal data to non-partner third parties.
Your data is kept for the duration of our contractual relationship and for the necessary time to meet a legal or regulatory obligation. In any case, if no contact is
emanating from you for five years, your personal data will be archived for an additional five years before being permanently deleted or anonymized.
In accordance with the Data Protection Act No. 78-17 of January 6, 1978, as amended, you have the right to access, object (particularly to the sending of marketing communications), rectify, limit, and delete your personal data, as well as the right to data portability. You also have the right to define directives regarding the fate of your personal data after your death. These rights can be exercised by postal mail to the following address: ACUMPANYAT EXPERIENCES, 27 Avenue du Général Leclerc, 65260 Pierrefitte-Nestalas. You have the right to lodge a complaint with the CNIL if you believe we are not complying with the applicable data protection regulations.
For more information on how we collect and process your personal data, please consult our privacy and cookie policy available on our website in the legal notices section.
In accordance with Article L 223-2 of the Consumer Code, you have the option to register on a list opposing telephone solicitation.
Article 15 – Traveler Rights
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302 and Article L.211-2 II of the Tourism Code.
You will therefore benefit from all EU rights applicable to packages, as transposed in the Tourism Code*.
ACUMPANYAT EXPERIENCES will be fully responsible for the proper execution of the package as a whole.
Furthermore, as required by law, ACUMPANYAT EXPERIENCES has protection to refund your payments and, if the package includes transport, to ensure your repatriation in case of insolvency.
*The text of the transposition of Directive (EU) 2015/2302 in France is accessible on the Légifrance website at https://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=B6B56671A51841699A8FB7B4B5EB08A2.tplgfr21s_1?idArticle=LEGIARTI000036242695&cidTexte=LEGITEXT000006074073&categorieLien=id&dateTexte=20180701.
These “General Conditions” apply to the sale of “Activity(ies)” / “Service(s)” by ACUMPANYAT EXPERIENCES, a simplified joint-stock company with a capital of €14,000, headquartered at 27 Avenue du Général Leclerc, 65260 Pierrefitte-Nestalas, registered with the RCS of TARBES under number 882 110 471 – VAT number FR 26 882110471, hereinafter referred to as ACUMPANYAT EXPERIENCES, to the benefit of any natural or legal person, hereinafter referred to as “Participant(s) / Client(s)”. The Activity sold is supervised by:
– a Mountain Guide, holding a State Educator Sports diploma,
– or an Aspirant Mountain Guide, intern at the National School of Skiing and Mountaineering,
– a Mountain Leader, holding a State Educator Sports diploma,
– or a Climbing Instructor, holding a State Educator Sports diploma,
– or a Canyoning Instructor, holding a State Educator Sports diploma,
– or a Caving Instructor, holding a State Educator Sports diploma,
hereinafter referred to as the “Guide”, who operates as an independent contractor.
Purchasing an Activity sold by ACUMPANYAT EXPERIENCES implies knowledge and acceptance of these general terms and conditions of sale.
**ARTICLE 1 – DEFINITION OF THE SERVICE**
ACUMPANYAT EXPERIENCES acts as a transparent intermediary between the Guide and the Client. It ensures the resale of Activities and collects payments on behalf of the Guide.
The Guide: Mountain Guide or Aspirant Mountain Guide, provides services of supervision, animation, teaching, and training in the safety of mountaineering and related activities, and exercises their prerogatives in accordance with the decree of June 16, 2014, relating to the specific training of the State diploma of mountaineering – high mountain guide.
The Guide: Mountain Leader, provides services of supervision, guidance, animation, teaching, and training in the safety of individuals or groups in medium mountains, excluding glacial zones and areas of rocks, canyons, terrains requiring the use of mountaineering equipment or techniques, and exercises the prerogatives listed in Article 1 of the decree of June 3, 2019, relating to the specific training of the State diploma of mountaineering – medium mountain guide.
The Guide: Canyoning Instructor (or Guide or AQA Canyon holder), provides services of teaching, animation, supervision, or training in the safety of canyoning for all audiences and in all types of canyons, as defined in Article 2 of the decree of May 26, 2010, creating the “canyoning” mention of the DEJEPS specialty “sporting improvement”.
The Guide: Climbing Instructor, provides services of teaching, animation, supervision, or training in the safety of climbing for all audiences, on all natural sites and via ferrata located at an altitude below fifteen hundred meters, and on artificial structures, as defined by the decree of January 31, 2012, creating the “climbing in natural environments” mention of the DEJEPS specialty “sporting improvement”.
The Guide with the mountain biking qualification provides services of animation, teaching, management, or promotion of mountain biking activities in a mountainous environment in accordance with the decree of November 8, 2010, creating the “mountain biking” mention of the DEJEPS specialty “sporting improvement”.
These general conditions only apply to the sale of the aforementioned activities/services, excluding any other service such as transport, accommodation, food, or equipment rental, hereinafter referred to as the “Activity(ies)” / “Services”.
**ARTICLE 2 – CONTRACT – SALE OF THE ACTIVITY**
The contract consists of two parts applicable in case of contradictions in the following order: individual agreements between ACUMPANYAT EXPERIENCES and the Client, and these general conditions.
The activity is sold as soon as the parties (ACUMPANYAT EXPERIENCES and Client(s)) have agreed on the main characteristics and price of the service. This is then an oral agreement unless one of the parties explicitly reserves that the contract must be in written form. The registration request is made directly to ACUMPANYAT EXPERIENCES by phone at +33 (0)7 86 87 04 93, by postal mail to ACUMPANYAT EXPERIENCES, 27 Avenue du Général Leclerc, 65260 Pierrefitte-Nestalas, or by email at acumpanyat@gmail.com, and includes the Client’s names, first name, address, and contact details. ACUMPANYAT EXPERIENCES provides the Client with a registration form that includes the main characteristics and price of the Activity and sends these general conditions. Registration is effective after the Client has completed the form and paid a deposit* equal to 30% of the Activity price, and ACUMPANYAT EXPERIENCES has acknowledged receipt.
* The deposit binds ACUMPANYAT EXPERIENCES and the Client: in case of cancellation by either party, the service is generally fully due.
If no acknowledgment of receipt is received from ACUMPANYAT EXPERIENCES within 8 days, the registration will be deemed not validated, although ACUMPANYAT EXPERIENCES retains the possibility to confirm this registration after this period and up until the day of the Activity. In such a case, ACUMPANYAT EXPERIENCES defines the date from which the non-payment of the deposit results in the cancellation of the Activity. The balance is paid to ACUMPANYAT EXPERIENCES at least 48 hours before the start of the Activity.
**Counter sales in ACUMPANYAT EXPERIENCES’ usual premises:**
These general conditions are displayed and freely consultable.
**Sales concluded outside the establishment (other than usual premises):**
Before any order, ACUMPANYAT EXPERIENCES provides the Client with contractual information. It then provides a copy of the dated and signed contract confirming their express agreement on paper, or with their agreement, on a durable medium.
**For sales concluded remotely (phone, postal mail, etc.):**
Before any order, ACUMPANYAT EXPERIENCES provides the Client with contractual information in a way that allows its conservation and reproduction.
**For sales concluded exclusively by email exchanges:**
ACUMPANYAT EXPERIENCES ensures that the Client acknowledges their payment obligation when placing the order and includes the mention “order with obligation to pay” as well as the accepted payment methods for concluding the contract. ACUMPANYAT EXPERIENCES acknowledges receipt of the registration request by email or any other means and provides the Client with the confirmation and details of the contract on a durable medium.
**For sales concluded remotely with online payment:**
ACUMPANYAT EXPERIENCES outlines the steps to follow for concluding the contract and the means for the Client to identify any errors:
1/ The Client verifies the order details and total price;
2/ They confirm their order;
3/ ACUMPANYAT EXPERIENCES acknowledges receipt of the order and provides the Client with the contract confirmation on a durable medium.
ACUMPANYAT EXPERIENCES includes the mention “order with obligation to pay”, the accepted payment methods, and the languages offered for concluding the contract.
### General Terms and Conditions of Sale for “Day Activities”
#### ARTICLE 3 – RIGHT OF WITHDRAWAL
The Client is informed that, in accordance with Article L. 221-28 of the Consumer Code, registration for an Activity is firm and final and does not include a right of withdrawal.
#### ARTICLE 4 – RATES – ADDITIONAL FEES – PAYMENT TERMS – CLAIMS
The rate corresponds to the fees of the Guide as well as the operating costs of ACUMPANYAT EXPERIENCES. It only covers the supervision of the Activity and excludes any other service. The rate is inclusive of all charges. The rate considers the customs of the profession, the number of participants, their technical and physical level, and the characteristics of the objective pursued (technical difficulty, elevation gain, commitment, etc.). ACUMPANYAT EXPERIENCES applies either a basic daily rate, which varies according to the winter and summer seasons, or a rate defined based on the objective pursued.
The basic daily rates are as follows:
– Guide engagement: ½ day €250 to €370, full day €400 to €600
– Accompanist engagement: ½ day €160 to €180, full day €250 to €320
The communicated rate is deemed to correspond to the total rate of the Activity to be shared among all Participants, unless ACUMPANYAT EXPERIENCES specifies that it is a rate due by each Participant. Any additional costs incurred by the Activity (transportation, ski lifts, drinks, food, etc.) are ordered, covered, and paid directly by the Client(s), including those of the Guide.
**Payment Terms:** The rate of the Activity is payable by bank check, bank transfer, cash, or by credit card through a payment link.
**Claims:** Any claim must be sent by registered mail with acknowledgment of receipt to the address of ACUMPANYAT EXPERIENCES, no later than one month after the occurrence of the event giving rise to the claim.
#### ARTICLE 5 – MODIFICATION OR CANCELLATION OF THE ACTIVITY
Mountain activities are subject to uncertainties related to weather, snow conditions, terrain, traffic, and the experience, technical abilities, and physical condition of the participants. To ensure the safety of property and persons, the Activity may be canceled or modified by ACUMPANYAT EXPERIENCES or the Guide at any time before or during its execution.
1. In case of modification of the Activity by ACUMPANYAT EXPERIENCES or the Guide before or during the Activity, the rate for the substitute itinerary will be applied according to customs, but cannot be lower than the basic daily rate of ACUMPANYAT EXPERIENCES mentioned in Article 4, and the Client cannot claim any compensation.
2. In case of modification of the Activity due to the Client, particularly for insufficient physical or technical prerequisites declared, the rate for the initial objective may be applied in full.
3. In case of cancellation of the Activity by ACUMPANYAT EXPERIENCES or the Guide before the Activity, priority is given to rescheduling the Activity. In case of refusal, the deposit is refunded to the Client(s), less any amounts already incurred by ACUMPANYAT EXPERIENCES or the Guide for the Activity (reservation or travel expenses, etc.).
4. If the minimum number of participants is not reached for the completion of a collectively organized Activity, ACUMPANYAT EXPERIENCES or the Guide may decide not to proceed with the Activity. In this case, the amounts paid by the Client(s) are refunded.
5. To maintain the Activity, if the minimum number of participants is not reached, a supplement may be requested, which must be accepted by each Client.
6. In case of cancellation of the Activity by the Client(s):
– Up to 7 days before the start of the Activity: the deposit is refunded, except for amounts already incurred or advanced.
– From 1 to 7 days before the start of the Activity: the deposit is due.
– Less than 24 hours before the start of the Activity: the full rate is due.
#### ARTICLE 6 – TECHNICAL AND PHYSICAL PREREQUISITES – HEALTH
Technical, physical, or experience prerequisites may condition the Client’s access to the Activity. The Client who falsely declares compliance with these prerequisites and has a technical, physical, or experience level lower than declared is fully responsible for any consequences that may arise. In particular, the Client must disclose to ACUMPANYAT EXPERIENCES and the Guide any health problem, medical history, temporary or long-term treatment, or accident that may affect their physical or psychological health, as well as any particular apprehension (vertigo, accident history, fears, etc.).
#### ARTICLE 7 – ORGANIZATION OF THE ACTIVITY
**Schedules:** To ensure the proper conduct of the Activity, the Client agrees to punctually respect the meeting times communicated. Failure to respect the meeting time by the Client may result in the modification of the Activity. **Number of participants:** A maximum number of participants may be set for each Activity based on customs, the physical and technical level of the participants, and the weather and terrain conditions. In case of a collectively organized Activity, a minimum number of participants may be set, as well as the date from which an insufficient number of registrants prevents the Activity from taking place.
#### ARTICLE 8 – EQUIPMENT
**Collective equipment:** The rate includes collective and safety equipment.
**Individual equipment:** The Client must have their own technical and safety equipment adapted to the Activity, according to the indications provided.
The Client is informed that they are solely responsible for their equipment and any damage that may result for themselves or a third party. In case of doubts about the obsolescence or inadequacy of their individual equipment, they should refer to ACUMPANYAT EXPERIENCES and the Guide. The Guide may provide the Client with the necessary technical and safety equipment for the Activity, in which case the Client agrees to wear and use this equipment throughout the Activity unless otherwise expressly indicated by the Guide.
#### ARTICLE 9 – RESPONSIBILITIES – SPECIFIC ENVIRONMENT
The Activities take place in a specific environment (mountainous, snowy, etc.) that carries objective and random natural risks (falling rocks, seracs, crevasses, avalanches, etc.). The presence of the Guide does not eliminate these natural risks. The Participant is aware of the dangers to which they are exposed. The Guide has a duty of care, not an obligation of result. They will implement all means at their disposal, including renouncement, to ensure the safety of the Participant with prudence and diligence, but the Participant retains an active role in the execution of the Activity. The Participant is responsible for their own safety and that of others. They must follow the safety and behavior rules stemming from common sense and those provided by the Guide. If a Participant decides on their own initiative to engage in a new activity during a scheduled Activity, they assume full responsibility (e.g., cycling, picking, swimming). The Guide cannot be held responsible in such cases.
#### ARTICLE 10 – INSURANCE AND RESCUE
The price of the Activity does not include insurance. Clients are strongly advised to have search & rescue and repatriation insurance valid for the Activity.
*The Guides of ACUMPANYAT EXPERIENCES benefit from professional liability insurance in France and worldwide, covering damages resulting from their professional actions, including search, rescue, and repatriation costs.
#### ARTICLE 11 – IMAGE RIGHTS
The Client authorizes ACUMPANYAT EXPERIENCES and the Guide to use, without limitation for promotional purposes, through reproduction, representation, projection, and adaptation, images (photos and videos) taken during the supervised Activity, unless otherwise expressly indicated by the Client before the start of the Activity. Parents of minor Clients grant ACUMPANYAT EXPERIENCES and the Guide the right to use images of the minor Client under the same conditions.
#### ARTICLE 12 – DISPUTE RESOLUTION AND APPLICABLE LAW
In case of disputes, the Client must send a registered letter to ACUMPANYAT EXPERIENCES or the Guide to present their claim and facilitate an amicable resolution. ACUMPANYAT EXPERIENCES or the Guide has two (2) months to respond, and if there is no response or if the response is unsatisfactory to the Client, the latter may, in accordance with Article L.612-1 of the Consumer Code, contact the Consumer Mediator MCP Médiation:
– Online at: www.mcpmediation.org and complete the referral form;
– By mail: MCP Médiation, 12 square Desnouettes – 75015 Paris.
The reference language for the settlement of any disputes is French. All disputes will be under the jurisdiction of the courts where the headquarters of ACUMPANYAT EXPERIENCES are located.
#### ARTICLE 13 – PERSONAL DATA PROCESSING
The information collected in the registration form is recorded in a computerized file. The collected data will not be disclosed to third parties and will be kept for five years. You can access, rectify, request the deletion, or exercise your right to limit the processing of your data, or pose any other question, by contacting ACUMPANYAT EXPERIENCES, acumpanyat@gmail.com, 27 avenue du Général Leclerc 65260 Pierrefitte Nestalas. If you believe, after contacting us, that your “IT and Freedoms” rights are not respected, you can consult the site cnil.fr or file a complaint with the CNIL.