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GENERAL CONDITIONS OF SALE « OUTINGS »
Between BUREAU ESCALADE MONTAGNE DE LYON and the CLIENT, it was concluded the following contract:
TERMS AND CONDITIONS
– This contract is for the sale of a leisure activity by BUREAU ESCALADE MONTAGNE DE LYON which has an accreditation of French Minister for Sports : 06913ED0134.
– This contract is concluded after the CLIENT have completed and signed registration form dedicated to the joint activity in this contract.
– This contract applies to all natural persons mentioned on the registration form, hereinafter referred to as the PARTICIPANTS. PARTICIPANTS and the CUSTOMER are integral.
– This contract is the only part of the legal relations between the CLIENT and BUREAU ESCALADE MONTAGNE DE LYON. Commitment is an immediate effect at the date of payment of the price of the activity or payment of a deposit by the client.
2 – DURATION
The CUSTOMER is engaged with BUREAU ESCALADE MONTAGNE DE LYON for the duration of the activity listed on the registration form.
3 – BENEFITS AND CONDITIONS
– The activity is supervised by a mandated INSTRUCTOR of BUREAU ESCALADE MONTAGNE DE LYON, holder of diploma DEJEPS of Canyoning and / or DEJEPS of Climbing in Natural Area or equivalent.
– The PARTICIPANTS in the activity are part of a group supervised by a INSTRUCTOR whose size (number of people) is set such that the INSTRUCTOR can ensure the safety of PARTICIPANTS in respect of possible regulations on the location of the activity.
– During the activity only, PARTICIPANTS are the responsibility of the INSTRUCTOR of BUREAU ESCALADE MONTAGNE DE LYON. Transportation to and from activity sites (parking at the upstream and downstream of a canyon, parking a cliff, common parts such cloakrooms and toilets of a CAS) are notably excluded from the INSTRUCTOR area of responsibility.
4 – PRICE AND PAYMENT
– For an activity with a total value with all PARTICIPANTS less than 200 €, the payment of the full price of the activity is done according to the current price at the date of subscription activity. The Customer will receive an invoice for payment.
– For an activity with a total value with all PARTICIPANTS more than 200 €, a down payment of 25% of the price of the activity will ask the client. The rest of the price will be paid by the customer in receipt of the invoice after the activity.
– The means of payment accepted are: CB via Paypal service (http://www.paypal.com account firstname.lastname@example.org), bank transfer or cash.
5 – REQUIRED DOCUMENTS
– Each PARTICIPANT acknowledges having provided at time of registration, a medical certificate favorably concluding practice activities offered by BUREAU ESCALADE MONTAGNE DE LYON. Otherwise, each PARTICIPANT hereby confirm having passed a medical examination leading to the same conclusions.
– In addition, any change of residence of the CUSTOMER will be reported. Otherwise, the address on the contract will remain valid.
– Each PARTICIPANT must provide documents allowing him to benefit from a preferential rate. Assuming a PARTICIPANT would be placed on a tariff which it is not entitled, BUREAU ESCALADE MONTAGNE DE LYON may, what the CUSTOMER formally accept, cover the expense of the latter, the difference between the price paid and the full fare.
– Each PARTICIPANT must also possess when registering a civil liability insurance certificate covering the underwritten business. Personal accident insurance covering underwritten activity is highly recommended.
6 – INSURANCE
– each INSTRUCTOR mandated by BUREAU ESCALADE MONTAGNE DE LYON are insured for damages engaging his own civil liability.
– Responsibility for BUREAU ESCALADE MONTAGNE DE LYON will not be engaged in case of accident resulting from non-compliance with safety instructions provided by the INSTRUCTOR during activity or inappropriate use of facilities, equipment or non-compliance belaying techniques specific to climbing.
– Attacks on the physical integrity of any kind, pecuniary loss or personal, should be a personal insurance subscribed by the customer with the company of his choice.
– In case of accident, the customer must make a declaration immediately with BUREAU ESCALADE MONTAGNE DE LYON, under penalty of inadmissibility.
7 – CANCELLATION
– It is agreed that in case of cancellation by BUREAU ESCALADE MONTAGNE DE LYON activity contracted by the CUSTOMER, BUREAU ESCALADE MONTAGNE DE LYON agrees to repay the sums paid by the CUSTOMER. The CLIENT may elect to reschedule the activity, this contract would then remain valid.
– The activity may be canceled by the CUSTOMER 15 workings days before the date indicated on the registration form. The amounts paid by the customer would be made with a deduction of 5% for management fees.
– BUREAU ESCALADE MONTAGNE DE LYON offers the chance to propose to the CLIENT, in particular conditions (job transfer, family reasons or accident affecting one or more PARTICIPANTS), to receive a full refund of the amounts paid by the CUSTOMER.
8 – MODIFICATION
– Any change of PARTICIPANTS identities is free and will be notified in writing by the CUSTOMER.
– Any changes to the rising number of PARTICIPANTS be without cost to tariff conditions initially practiced at registration. The number of PARTICIPANTS shall not exceed the maximum number of participants in the activity set by the INSTRUCTOR .
– Any changes to the declining number of PARTICIPANTS notified by the CUSTOMER from 15 days to 5 days before the event will be reimbursed for 75% of the price of the unrealized benefits.
– Any changes to the declining number of PARTICIPANTS notified by the CUSTOMER from 48 hours to 5 days before the event will be reimbursed for 50% of unrealized benefit.
– Any changes to the declining number of PARTICIPANTS notified by the CUSTOMER within 48 hours before the activity is not eligible for any refund. Amounts not paid by the customer remain due.
– If one or more PARTICIPANTS were absent on the day of the activity, have not registered the amount of the unrealized benefit can be generated.
– BUREAU ESCALADE MONTAGNE DE LYON offers the chance to propose to the CLIENT, in particular conditions (job transfer, family reasons or accident affecting one or more PARTICIPANTS), to receive a refund of the unrealized benefits.
9 – TERMINATION
– BUREAU ESCALADE MONTAGNE DE LYON may suspend or immediately terminate the contract without notice if one or more PARTICIPANTS had a behavior that could pose a danger or inconvenience to themselves or to other practitioners in the activity.
– The consumption by one or more PARTICIPANTS alcohol or drugs proven before the activity can lead to the cancellation of the contract without reimbursement from BUREAU ESCALADE MONTAGNE DE LYON. The services subscribed by the customer remain due.
10 – IMAGE RIGHTS AND PROTECTION OF PRIVACY
– BUREAU ESCALADE MONTAGNE DE LYON may use images (videos and photos) performed during practice for the needs of business information in different media (brochures, blogs, websites) unless the CUSTOMER explicitly objected in writing. However BUREAU ESCALADE MONTAGNE DE LYON may not assign the rights of these images to anyone without the approval of the CUSTOMER.
– In accordance with the Data Protection Act 1978, the Customer has a right of access and correction of personal data concerning him. Through us, the Customer may be required to receive information, offers from other companies or associations. If the CUSTOMER objects, it is sufficient to indicate in writing to BUREAU ESCALADE MONTAGNE DE LYON