GENERAL TERMS AND CONDITIONS OF SALE
AND LEGAL NOTICES
Effective as of 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 emotionalpine.fr website.
The main features of the stays are presented on the website
emotionalpine.fr.
The Customer is required to read them before placing an order. The choice and purchase of a course is the sole responsibility of the Customer. These GTC are accessible at any time on the website emotionalpine.fr and shall prevail over any other document.
The Customer declares that they have read and accepted these T&Cs by ticking the box provided for this purpose before completing the online order process on the emotionalpine.fr website.
Unless proven otherwise, the data recorded in EMOTION ALPINE's computer system constitutes proof of all transactions concluded with the Customer.
The website host is LWS, rue Jules Ferry, 88190 Golbey, France.
EMOTION ALPINE's contact details are as follows:
E.I Olivier GOUJON
Registration number: 1920583050082
85 Route du Pont
74310 Les Houches
email: olivier@emotionalpine.com
telephone: 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 EMOTION ALPINE reserves the right to modify them 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 courses they wish to participate in on the emotionalpine.fr website, according to the following terms and conditions:
The customer registers for the course they wish to participate in via the emotionalpine.fr website. A confirmation email will then be sent to them. Before the start of the course 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 on the emotionalpine.fr website constitutes the formation of a distance contract between the Customer and EMOTION ALPINE.
EMOTION ALPINE 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 payment by bank transfer to the service provider's bank account (the 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 course.
In the event of late payment and payment of sums due by the Customer beyond the deadlines set above, EMOTION ALPINE 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 EMOTION ALPINE has actually received the sums due.
ARTICLE 5 – Course and trip schedule
The times, course start locations, and all other details are indicated on the website emotionalpine.fr
A reminder will be sent to each participant shortly before the start of the course. Courses are run under the responsibility of the instructor. As the mountain environment is changeable, the instructor reserves the right to modify all or part of the trip without 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 courses provided, orders placed by the Customer are not subject to
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 a course. The following fees will be charged:
• More than 30 days before the start of the course or stay: 30% of the total price
• Between 15 and 30 days before the start of the course: 50% of the total price
• Less than 15 days before the start of the 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 EMOTION ALPINE requires the instructor to be in peak physical condition
, the instructor reserves the right to cancel the course 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 sums paid by the participant will then be made, proportional to the number of days of the course canceled. To compensate for this, every effort will be made to find a replacement instructor who meets the quality and certification requirements desired by EMOTION ALPINE.
The minimum number of participants required for the course to take place is indicated on the course information sheet available on the emotionalpine.fr website. If this number is not reached 15 days before the start of the activity, a full refund of the sums paid to EMOTION ALPINE will be made.
ARTICLE 8 – INSURANCE
The instructor is covered by his own Professional Civil Liability insurance:
Olivier GOUJON is insured under contract no. 105.630.300 through his membership in 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 of the Services and their performance and delivery, 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 running the course or stay.
9.1 Collection of personal data
The personal data collected on the emotionalpine.fr 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 EMOTION ALPINE.
9.3 Data retention period
The Service Provider will retain the data thus 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 emotionalpine.fr 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 emotionalpine.fr website is the property of EMOTION ALPINE and its partners and is protected by French and international intellectual property laws.
Any reproduction of this content, in whole or in part, 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
EMOTION ALPINE undertakes to make every effort to provide the courses 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: EMOTION ALPINE – 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 period 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 post MÉDIATION DE LA CONSOMMATION & PATRIMOINE
- 12 Square Desnouettes - 75015 PARIS
ARTICLE 13 – Image rights
Unless expressly requested by each participant, EMOTION ALPINE reserves the right to use
photos and/or videos of participants for promotional purposes.