GENERAL CONDITIONS OF SALE – ALTIPIANI
ALTIPIANI is an individual outdoor activity company.
These ‘General Conditions’ apply to the sale of Activity(ies) and Service(s) offered by Altipiani, for the benefit of any individual or legal entity, hereinafter referred to as the Participant(s).
The Activity sold is supervised by an Instructor holding a State Sports Educator diploma, hereinafter referred to as the ‘ Instructor ’, who carries out his activity under the status of a self-employed worker.
Registration for an Activity sold by Altipiani implies knowledge and full acceptance of these general conditions of sale.
Article 1 – Definition of the service
Altipiani promotes, organises and sells Activities, and collects payments in the name and on behalf of the Activity Leader.
The Instructor provides a service of supervision, animation, teaching and sports training, within the framework of his or her prerogatives.
These general terms and conditions only apply to the sale of similar activities within the meaning of the aforementioned provisions, to the exclusion of any other transport, accommodation, food or equipment hire services.
Depending on the site where the activity takes place, transport in the Instructor’s vehicle may also be included. This service is not invoiced and only concerns the customer in the context of the activity.
Warning: The Instructor is not responsible for vehicles left parked during the service.
Article 2 – Sale of the activity – Booking
All bookings for our activities imply full acceptance of our general terms and conditions of sale.
A deposit may be paid at the time of booking. The balance is due on the day of the activity.
Group activities: registration is effective from the moment the subscriber receives a confirmation text message for the chosen outing.
Private activities: registration becomes effective on receipt of the deposit corresponding to 30% of the total cost of the service and a booking confirmation e-mail for the chosen outing.
In the case of distance selling (telephone, e-mail, website): Altipiani informs the Customer that the GTC are posted on the website and are freely accessible by the Customer if he wishes to keep or reproduce them.
Altipiani ensures that the Customer acknowledges its obligation to pay when placing an order, and specifies the means of payment accepted for the conclusion of the contract.
Article 3 – Right of withdrawal
The Customer is hereby informed that, in accordance with the provisions of Article L. 221-28 of the French Consumer Code, registration for an Activity is firm and final and that the Customer has no right of withdrawal.
Article 4 – Fees – Additional charges – Payment methods – Complaints
The price corresponds to the Supervisor’s fees as well as Altipiani’s operating costs. It relates solely to the supervision of the Activity and excludes any other service. It includes all charges.
The basic daily rate below which no service can be provided is €40 per person.
Any additional costs incurred as a result of the activity (transport, parking, drinks, food, etc) are borne and paid directly by the Customer(s), including those of the Activity Leader.
Terms of payment: The price of the Activity must be paid by cheque, bank transfer or cash.
Complaints: All complaints must be sent by registered post with acknowledgement of receipt to the Altipiani address (Place Paoli – 20 250 Corte), no later than one month after the occurrence of the event giving rise to the complaint.
Article 5 – Modification or cancellation of the Activity
Mountain activities are subject to hazards linked to weather, snow and terrain conditions, visitor numbers, mountain banning, as well as the experience, technical ability and physical condition of the participants.
In order to ensure the safety of people and property, the Activity offered may be cancelled or modified by Altipiani or by the Guide at any time before, at the beginning of or during the Activity, without the Customer being entitled to claim any compensation.
If the Activity is interrupted by Altipiani or the Instructor
The sums reimbursed are determined according to the following scale:
Approach walk in progress or completed: full refund of the price of the activity.
Canyoning in progress: refund of 50% of the price of the activity if less than 30 minutes of descent. No refund for more than 30 minutes.
In the event of the Activity being modified by the Customer, in particular for physical or technical reasons, no refund will be made.
In the event of cancellation of the Activity by Altipiani or the Instructor
Prior to the activity, priority will be given to rescheduling the activity. In the event of refusal, the deposit will be returned to the Client(s), after deduction of the reservation fee and bank charges: 5€/person.
If the minimum number of participants is not reached for an Activity organised collectively, Altipiani or the Leader may decide not to carry out the Activity. In this case, the sums paid by the Customer(s) will be refunded in full.
In the event of cancellation of the Activity by the Customer(s)
– More than 48 hours before the start of the activity: payment will be refunded, except for amounts already paid (€5/person).
– Between 48 hours and 24 hours before departure: 50% of the price of the activity is due.
– Less than 24 hours before departure: the full price of the activity is due.
– No-shows: in the event of a no-show, no refund will be made.
– Late arrival: any delay on your part in arriving at the meeting point for the activity is considered as a cancellation of less than 24 hours and therefore does not entitle you to any refund.
– Withdrawal: Any voluntary interruption of the activity on your part will not entitle you to any reimbursement, nor will any exclusion decided by your supervisor for insufficient level or failure to comply with safety instructions.
– If you are unable to take part in the activity, you may suggest another person, provided that they meet the same conditions.
Article 6 – Technical and physical requirements – health
The Customer’s access to the Activity may be subject to technical, physical or experience prerequisites.
Any Customer who falsely declares that they meet these prerequisites, and who has a lower technical, physical or experience level than that declared, is entirely responsible for any consequences that may result.
In particular, the Customer must declare to Altipiani and the Instructor any health problem, medical history, one-off or long-term treatment, accident, likely to affect his/her physical or psychological health, as well as any particular apprehension (vertigo, accident history, fears, etc.).
Article 7 – Equipment
Collective equipment: The price includes collective equipment and safety equipment.
Individual equipment: Customers are always offered Altipiani’s safety equipment. If the Customer chooses to use their own technical equipment and safety equipment adapted to the Activity being practised, in accordance with the instructions provided, the Customer is informed that they alone are responsible for their equipment and for any damage that may result to themselves or to a third party.
If the Customer has any doubts about the age or unsuitability of their personal equipment, it is their responsibility to inform Altipiani and the Instructor.
The Guide may provide the Customer with the technical and safety equipment required for the Activity, in which case the Customer undertakes to wear and use this equipment throughout the Activity, unless the Guide expressly states otherwise.
Article 8 – Responsibilities – Specific environment
The various activities on offer (canyoning, climbing, hiking, cycling, mountaineering, etc.) take place in a specific environment (mountain, cliff, canyon) which involves objective and random natural risks (rock falls, floods, collapses, crevasses, avalanches, etc.). Supervision by a qualified person does not eliminate these natural risks. Participants are aware of the dangers to which they are exposed.
The supervisor is subject to a safety obligation of means and not of result. He will use all the means at his disposal, including giving up, to ensure the safety of the participant with prudence and diligence, who retains an active role in the activity. Participants must look after their own safety and that of third parties. They must respect the rules of safety and behaviour that are based on common sense, as well as those given by the Instructor.
Article 9 – Insurance and first aid
Altipiani’s Guides are covered by professional civil liability insurance in France and throughout the world, which covers any damage resulting from their actions as professionals, including search, rescue and repatriation costs.
This insurance does not replace the Customer’s individual civil liability for damage caused to themselves or to third parties, or resulting from an external natural phenomenon.
It is the responsibility of the Customer(s) to take out individual civil liability insurance for canyoning, climbing, hiking and mountain sports, with no limit on location or altitude, including assistance, search, rescue and repatriation.
The Guide informs the Customer that he has the option of taking out annual or daily insurance, it being the Customer’s responsibility to ensure that the required guarantees are actually covered.
Further information on insurance is provided in the appendix.
Article 10 – Image rights
The Customer authorises Altipiani and the Instructor to use, without limitation, for promotional and commercial purposes, by means of reproduction, representation, projection and adaptation, the images (photos and videos) taken during the supervised Activity, unless the Customer expressly indicates otherwise before the start of the Activity.
The parents of the minor Customer grant Altipiani and the Activity Leader permission to use the images of the minor Customer under the same conditions.
Article 11 – Settlement of disputes and applicable law
The Client(s), Altipiani and the Manager favour an amicable settlement of any dispute, and failing that, have recourse to mediation with the competent Mediator, whose contact details are available from the SNAM (Syndicat National des Accompagnateurs de Montagne) and/or the SNAPEC (Syndicat NAtional des Professionnels de l’Escalade et du Canyon).
The reference language for the settlement of any disputes is French. All disputes will fall under the jurisdiction of the courts having jurisdiction over the registered office of Altipiani.
Article 12 – Processing of personal data
For non-digital registrations, the information collected is not computerised. The data collected is not communicated to third parties. It may be kept for one year.
For digital registrations, the information collected in the registration form is recorded in a computerised file. The data collected is not passed on to third parties and is kept for five years.
You may access your personal data, rectify it, request its deletion, exercise your right to limit the processing of your data or ask any other question by contacting Altipiani.
If, after contacting us, you feel that your ‘Data Protection’ rights have not been respected, you may consult the cnil.fr website or submit a complaint to the CNIL.
APPENDIX
Insurance information
- What insurance cover do I need if I am practising a sport on my own?
Free practice of a sport, i.e. individual practice, takes place outside the framework of an association or club. Examples include the Sunday runner who takes advantage of his weekend to cover a few kilometres in short strides, or the group of friends who improvise a football match on a municipal pitch.
The good news is that you are obviously free to take part in this type of activity without necessarily having to take out insurance.
But depending on the type of activity you practise, whether on your own or supervised by a professional, you should be aware that many sports are excluded from your usual insurance policies, particularly your Personal Civil Liability (generally linked to your comprehensive home insurance policy). Traditionally, activities considered to be ‘exposed’ are excluded from this type of policy (aerial activities, climbing, mountaineering, mountain biking, mechanised activities, underwater activities, etc.).
- Why take out insurance for your sporting activities?
The professional who supervises you is insured in the event that he causes you injury, to cover the cost of rescue to the nearest medical centre. However, his insurance is not intended to cover the consequences of your individual behaviour or the cost of repatriation from hospital to your home, for example.
To protect your sporting activities, you can take out specific sports insurance. This type of annual or daily policy covers :
1- Civil liability: If you injure someone during your sporting activities through your own fault or carelessness, in accordance with articles 1240 and 1241 of the Civil Code, you are civilly liable for having ‘caused damage to others’.
2- If you injure yourself while taking part in a sporting activity The Individual Accident (‘IA’) insurance policy provides compensation for major accidental bodily injury and any medical expenses; repatriation, search and rescue expenses; and damage to sports equipment….
Altipiani offers you the following solutions
Daily or annual sports insurance
Altipiani offers daily sports insurance through GBC Montagne.
You can take out this insurance yourself online: assurance-multi-sports.com
Altipiani will do the registration for you:
The information leaflet is online
The rates are as follows:
European residents: €4 / day / person
Non-European residents: €10 / day / person
Annual insurance with a club
You can take out insurance through a club that is a member of a federation:
Directly online CAF :
https://www.ffcam.fr/recherche_clubs.html
