These General Terms and Conditions of Contract and Travel (hereinafter : ‘ GTC ’) apply to the contractual relationship between the participant (hereinafter : ‘ Customer ’) and Esprit Montagne Voyages SARL (hereinafter : ‘ EMV ’) for the services it provides.
The GTC apply to the services offered by EMV relating to travel or activity activities, as well as to travel bookings made through the communication channels currently operated by EMV (website, telephone, etc.), in particular when these bookings include a package holiday arranged by EMV for end consumers, within the meaning of Article 1 of the legislation on package holidays.
The order, which is made using the registration form available on the website www.espritmontagne.com, allows the Customer to conclude a travel contract with EMV.
During the registration process, the Customer has the opportunity to check the details of their booking and the total price and, if necessary, to correct any errors before confirming their registration. For the order to become firm, the customer must read the mandatory pre-contractual information and the GTCs, accept them by ticking the box provided for this purpose and proceed with payment according to the terms and conditions set out below in Article 4.
All persons listed on the form are deemed to have read and accepted these general terms and conditions of sale, where applicable through the person who completed the form.
The person who makes the booking in the name of and on behalf of the various trip participants undertakes to send each participant the information provided by Esprit Montagne SARL concerning the trip.
Two order variants apply:
a) Direct payment method
By registering, or registering third parties, via the dedicated form available on the website www.espritmontagne.com and by directly paying for the service at the end of the registration process, the Client validly enters into a travel contract with EMV.
In order to ensure that the service can be provided, EMV reserves the right to request additional information from the Client.
Within a period of 10 days from the customer's registration and payment, EMV reserves the discretionary right to refuse the customer's registration and thus to terminate the contract with retroactive effect to the date of registration. In this case, the full amount paid to EMV will be refunded to the customer.
b) Procedure with registration, then deferred validation and payment
The order, which is made via the registration form available on the website www.espritmontagne.com, allows the Customer to submit an offer to conclude a travel contract with EMV.
The contract will only be deemed concluded with the acceptance of the order by EMV and the payment of the deposit representing the total amount indicated for the service, unless otherwise stated on the dedicated website. EMV will send the customer an order confirmation once these two conditions have been met.
EMV reserves the right to request additional information from the Customer before confirmation.
The contract is not subject to any form, unless otherwise agreed by the parties. It may be concluded orally or by electronic communication (email, text message, online form, etc.).
In order to respond quickly to booking requests and organise groups, registration forms must be sent and payment made within three working days, otherwise it will be considered that the Customer has cancelled the order and it will be cancelled.
N.B. Tip: Do not book transport until the trip has been confirmed by EMV.
The services offered on the website are available and can be booked. However, some services are managed in real time. As a result, a service presented as available may become unavailable if several customers on the site order it at the same time. This unavailability may be caused by exceptional and unavoidable circumstances due to the technical and practical management of online and telephone bookings simultaneously. Priority will be given to the first customer to make a booking. If an order cannot be processed by EMV due to the service not being available, the Customer will be informed by email or text message within 48 hours of placing the order.
The services included in the price indicated are specified in the description of each activity or holiday visible on the EMV website before the order. The services are then specified in the PDF that the Client and each participant will receive by email when the payment for the booking is confirmed.
Confirmation of the order/booking is subject to payment of the total amount of the service. Payment is made via the payment system provided on the EMV website online, unless an alternative is agreed between the Client and EMV.
Personal responsibility
The Client is made aware of the fact that the activities and services offered by EMV may present an accident risk given their nature. The Client assumes personal responsibility corresponding to his or her knowledge and abilities.
Acceptance of residual risk
The Client accepts the residual risk inherent in mountain sports, which exists even if the work of guiding and accompanying is carried out with care.
Information
The Client is required to inform EMV of all aspects relevant to the safe and successful completion of the planned activity, including for the persons listed on the registration form he has completed. This concerns in particular technical alpine skills, physical condition and any health problems.
Although EMV has provided a detailed description of the requirements, the Client is required to carefully check whether he/she fulfils these requirements and whether the persons for whom he/she has completed the form also fulfil them. In addition, the Client is required to inform EMV as soon as possible and on their own initiative of any problematic aspects.
Physical fitness/accessibility
The Client certifies that he/she is in good health and in adequate physical and medical condition to take part in the proposed activities (in particular trekking, trail running or mountaineering), it being understood that these are activities that require physical effort, for which one must be trained.
The Client certifies that he has no known problems that could lead him to believe that he cannot participate in the proposed activities, particularly sports activities, such as cardiac dysfunction, inadequate blood pressure, sensitivity to altitude and cold or respiratory problems. To the best of his knowledge, he is in good general health and is not taking any medication or drugs that could affect his ability to participate in the activities offered by EMV.
The Client must inform EMV of his medical problems and those of the participants he registers.
He acknowledges that the activity involves risks inherent to the mountains.
Safety instructions
During all activities, in particular mountaineering, the Client is required to strictly follow the guide's safety instructions. He is also required to participate in the activity according to his technical and physical abilities and to report any element that may prove problematic for the execution of the activity.
In the event of non-compliance with the instructions given by EMV or its collaborators and auxiliaries to the client, EMV shall be entitled to terminate the contract binding it to the client with immediate effect. No refund for its services shall be granted to the client. All rights to damages of EMV remain reserved.
a. In the event of force majeure or matters falling within EMV's personal risk sphere
EMV reserves the right to cancel, modify or interrupt the stay, particularly in the following cases:
EMV shall inform the Client without delay by email or text message.
In the event of cancellation by EMV, before the agreed activity begins, payments received will be refunded in full, except for administrative and bank charges (3% of the purchase price). For the rest, no compensation is due on either side.
b. For reasons not falling within the sphere of personal risk of EMV
In the event of cancellation by EMV for a reason that does not fall within the sphere of personal risk (e.g. bad weather, unfavourable mountain conditions, disrupted transport links, pandemic), EMV will propose a change of programme for the agreed period. In this case, EMV has the right to carry out an activity under the flat-rate conditions initially agreed. Any cancellation fees related to this change of programme shall be borne by the Client. If the Client does not agree with the modification proposed by EMV, he shall bear the full cost of the stay under the package conditions initially agreed. Any cancellation fees shall also be borne by the Client.
IF no change of programme is proposed to EMV, before the agreed activity begins, payments received will be refunded in full, except for administrative and bank charges (3% of the purchase price). For the rest, no compensation is due on either side.
c. For reasons of insufficient number of registrations
For some of the services offered, a minimum number of participants must be reached for the planned activity to take place.
Unless otherwise stated, the minimum number of participants is as follows:
EMV sets a deadline to ensure that the minimum number of registrations is reached. If, once this deadline has passed, the minimum number of participants has not been reached, EMV will inform those who have registered that the activity will not take place within the following time frames:
No compensation is due on either side, only 3% of the amount of the service will be retained by EMV as compensation for bank charges.
EMV may also offer those registered the opportunity to carry out the activity at a higher price. In this case, the activity may be carried out at a higher price if all those registered agree.
In the event of cancellation by the Client, the latter shall bear all the cancellation costs incurred (means of transport, accommodation, etc.). In addition, he/she shall pay the amount of the service, less the cancellation costs, according to the following scale:
Any insurance taken out with EMV will not be reimbursed in the event of cancellation.
Any delay, interruption or abandonment of the stay by the Client shall not give rise to any reimbursement. Any additional costs resulting from a delay, interruption or abandonment by the Client shall be borne by the Client.
EMV or its auxiliaries (in particular the guides in charge of the activity) may modify the itinerary or the objective according to the meteorological, snow conditions or safety conditions. No reimbursement or compensation may be claimed in the event of modification of the programme for safety reasons.
If EMV has to interrupt a day activity that has already begun for safety reasons (weather, conditions, overwork of the host, etc.), the Client is liable for the full payment.
If EMV has to interrupt a multi-day activity that has already begun for a reason that does not fall within its personal sphere of risk (e.g. bad weather, unfavourable mountain conditions, disrupted transport links, pandemic) and the Client does not agree with the replacement activity that EMV will have to propose, the Client shall be liable for 100% of the fees for the agreed days of activity. In addition, the Client shall bear the cancellation costs incurred for booked accommodation, means of transport, etc.
If EMV has to interrupt an activity that has already started over several days for a reason that falls within its personal sphere of risk (e.g. illness, accident, family events), the Client is liable for payment for the guide work already carried out, otherwise no compensation is due on either side. In this case, the cancellation costs incurred for booked accommodation, means of transport, etc. are to be borne by EMV.
If EMV has to interrupt an activity that has already begun because the Client fails in his duty to provide information (particularly regarding his state of health) or to cooperate or fails to respect the instructions of EMV or the guide regarding safety, the Client is liable for the total payment for the agreed days and must pay all the costs resulting from the cancellation of accommodation, means of transport, etc.
If EMV has to stop or interrupt an activity already in progress in order to come to the aid of mountaineers in difficulty, EMV shall also be liable for the payment for the time spent helping the foreign mountaineers.
If the Client interrupts an activity that has already begun, he/she is liable to EMV for the total remuneration for the agreed days and must cover all costs resulting from the cancellation of accommodation, means of transport, etc.
If EMV has to organise an evacuation for safety reasons (bad weather, Client exhaustion, broken equipment, etc.), the Client must pay all the resulting costs. If several Clients are evacuated, they must pay the costs in equal shares.
EMV itself bears the costs of its own equipment and the necessary shared equipment (rope, quickdraws, ice screws, etc.). EMV provides the necessary shared equipment in good condition at no extra cost to the Client.
The Client bears the costs of the equipment he personally requires. EMV may make equipment available for hire to the Client. EMV is responsible for ensuring that the equipment is in perfect condition. The Client must pay a reasonable fee for the equipment hired. If the amount of the fee is not fixed, it corresponds to the usual market value.
Public liability insurance
EMV cannot be held responsible in your place. Check with your insurer that you have a valid contract. Each participant is required to comply with the regulations and formalities of police, customs and health of the countries visited (identity card, authorisation, visa, vaccinations, etc.). Check the clauses, which are sometimes very restrictive, before leaving. See the website of the Ministry of Foreign Affairs of your country of origin.
In any case, it is recommended that the Client take out a private civil liability insurance that also covers mountain sports activities.
Cancellation and repatriation insurance
Cancellation and repatriation insurance is strongly recommended, as well as another insurance guaranteeing Mountain Search and Rescue (minimum guarantee of 10,000 euros or 10,000 Swiss francs).
If you wish, Esprit Montagne SARL can offer you an insurance agreement for the reimbursement of your stay in the event of cancellation (after the 30 days prior to departure) for medical or personal reasons (see the insurance contract) and for possible assistance and repatriation, as well as search and rescue in the mountains.
This insurance is not compulsory, but it covers risks for which it is preferable to have cover, particularly in terms of assistance, repatriation and search and rescue in the mountains.
See the insurance contract EMV proposes: https://www.assurance-multi-sports.com/ (see Travel Insurance).
Without insurance, in the event of a rescue operation, the person concerned will have to bear all the costs associated with the rescue and repatriation.
Rescue costs can amount to 10,000 euros (10,000 Swiss francs).
The Client is advised to take out insurance to cover any cancellation costs. The Client is advised to join one of the Swiss air rescue companies (REGA, Air-Glaciers, Air-Zermatt).
The Client is responsible for taking out adequate health and accident insurance, which also covers search, rescue and repatriation costs.
Mountain climbing is a risky physical activity. Bad weather, poor mountain conditions, fatigue or illness of one of the participants are all reasons why EMV cannot guarantee a group will reach a summit and no refund or compensation is provided.
In the event of a bad weather forecast, in consultation with the mountain guide, EMV may propose an alternative date for the ascent(s), after checking the availability of the client, the same guide and the refuge(s).
EMV guarantees that it will only use qualified persons for the planned activity, in accordance with the law on mountain guides and organisers of other high-risk activities (LRisque, RS 935.91) and the corresponding ordinance (ORisque, RS 935.911), and with the corresponding authorisation.
The qualified person is required to carry out his or her work as a guide with care, in accordance with current alpine technical standards. However, he or she cannot guarantee absolute safety. There is a residual risk inherent in mountain sports. The guide must inform the Client of this residual risk and must accept it.
The Client assumes personal responsibility corresponding to his or her knowledge and abilities.
The Client is required to inform EMV of all aspects relevant to the safe and successful completion of the planned activity. This concerns in particular technical alpine abilities, physical condition as well as any health issues with regard to the requirements of the activity described by EMV
During the activities, the Client is required to strictly follow the guide's safety instructions. He or she is also required to participate in the activity according to his or her technical and physical abilities.
EMV cannot be held responsible for accidents resulting from the risks inherent in mountain activities, including unpredictable weather conditions, rock falls, avalanches or other natural events. The Client acknowledges that he/she accepts these risks and undertakes to strictly follow the guides' instructions.
EMV excludes all liability, including that of its auxiliaries (in particular the guides), in connection with the services it offers, in particular with regard to injuries, illnesses or accidents occurring during the activities, bodily injury or material damage resulting from the negligence of the participant or failure to comply with safety instructions, incidents caused by unpredictable weather conditions, natural disasters or any other force majeure event and any equipment failure not directly attributable to EMV. Cases of serious or intentional misconduct on the part of EMV remain reserved (art. 100 CO).
Customers waive the right to hold the guides personally liable in the event of an accident, except in the case of gross or intentional negligence on their part.
EMV cannot substitute for the individual responsibility of Customers with regard to the management of personal health and administrative formalities that each person must carry out when crossing borders.
It is the responsibility of each Client to ensure that they have complied with police, customs and health formalities (passport, visa, vaccination certificate) prior to departure and to comply with these formalities during the trip. These formalities may change depending on changes in the administrative situation of the country. EMV is at your disposal to assist the Client with these procedures.
All costs relating to these procedures shall be borne by the Client.
No refund of the cost of the trip shall be made if the Client is unable to depart due to failure to comply with these formalities.
In addition, each participant registered via the EMV registration form accepts the Esprit Montagne Charter and the Randonneur des Refuges Français Charter.
Collection and Processing of Personal Data
In the context of registration and the provision of its services, EMV collects, processes and uses travellers' personal data, such as surname, first name, date of birth, address, telephone number, e-mail address, passport information and travel preferences. This data is essential for the proper execution of the trip and the provision of the agreed services.
The Client accepts that the data entered on the website www.espritmontagne.com will be used by Esprit Montagne SARL and forwarded to its partners (guides, accommodation, transport, etc.) solely for the purpose of organising the trip.
Purposes of Processing
The data collected is used exclusively for:
Transmission of Data to Third Parties
In order to ensure the trip takes place, EMV may need to pass on certain personal data to third-party service providers (airlines, hotels, local agencies, insurance companies, etc.), but only to the extent necessary for the fulfilment of the contract. These third parties are contractually obliged to respect the confidentiality of the data and to process it in accordance with the regulations in force.
Data retention
Personal data is kept for as long as necessary for the completion of the trip and compliance with legal retention obligations. After this period, it is deleted or anonymised, unless the traveller consents to its extended retention.
Rights of access
In accordance with the FADP (Federal Act on Data Protection) and applicable regulations, the Customer has the following rights:
Any request relating to these rights may be addressed to EMV.
Data Security
EMV implements appropriate technical and organisational security measures to protect personal data against unauthorised access, loss, destruction or alteration.
Amendments to the Data Protection Clause
EMV reserves the right to amend this clause in order to adapt it to legal and regulatory developments. Any amendment will be communicated to travellers by appropriate means.
The Client agrees to appear in photos or videos taken during their stay. They authorise EMV to use and distribute them on the website www.espritmontagne.com and on the other sales platforms it uses.
Swiss law is applicable, even if the activity is carried out abroad or if the Client is domiciled abroad. The parties elect the Martigny and St-Maurice District Court located at 1, Rue de l'Hôtel-de-Ville, 1920 Martigny as the place of jurisdiction.
In order to find a fair solution to any dispute, the parties are encouraged to first submit the case to the ombudsman of the Swiss travel industry (P.O. Box ; CH 8038 Zurich ; +41 44 485 45 35 ; info@ombudsman-touristik.ch) who acts as mediator.
Useful links
Federal law on package travel:
https://www.fedlex.admin.ch/eli/cc/1993/3152_3152_3152/fr
General terms and conditions of the ASGM contract
https://sbv-asgm.ch/fr/tarifs-cgc/
Personal data policy:
https://www.espritmontagne.com/fr/p_166_politique-des-donnees-personnelles.php
Legal notice:
https://www.espritmontagne.com/fr/p_165_mentions-legales-espritmontagne.php
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