General terms of sale
General Terms and Conditions of Sale
These General Terms and Conditions apply to the sale of Mountain Guiding Services by the local association:
Queyras Mountain Guides: Bureau des guides du Queyras
Tel: +33 6 95 77 64 18
contact@queyras-mountain-guides.com
Queyras Mountain Guides, 45 Route de la Condamine, 05470 Aiguilles, France.
These Terms and Conditions apply to any individual or legal entity, hereinafter referred to as Participants or Clients.
Purchasing an Activity sold by Queyras Mountain Guides implies full knowledge and acceptance of these General Terms and Conditions of Sale.
Definition of the Service
Queyras Mountain Guides acts as a transparent intermediary between the Guide and the Client. It promotes and resells the Activities and collects payments on behalf of the Guide.
The Mountain Guide Instructor or Aspirant Guide provides guiding, instruction, and training services, ensuring safety, in mountaineering, off-piste skiing, ski touring, and climbing. They exercise their authority in accordance with the French decree of June 16, 2014, concerning the specific training for the State Diploma in Mountaineering – Mountain Guide.
These general terms and conditions apply only to the sale of the aforementioned activities/services, excluding any other services such as transportation, accommodation, meals, or equipment rental.
Activity Sale - Booking
The contract consists of two parts, which shall apply in the following order in case of conflict: the individual agreements between Queyras Mountain Guides and the client, and these general terms and conditions.
The activity is sold as soon as the parties have agreed on the main characteristics and price of the service. This is an oral agreement, unless one of the parties expressly stipulates that the contract must be in writing.
Registration requests should be made directly to Queyras Mountain Guides by phone at +33 6 95 77 64 18 or by email at contact@queyras-mountain-guides.com, and must include the client's full name, address, and contact information.
Queyras Mountain Guides or the guide will provide the client with a registration form or written message outlining the main features and price of the activity, along with these terms and conditions or the option to view them online at https://queyras-mountain-guides.com.
Registration is confirmed upon payment by the client of a deposit equal to 30% of the activity price.
If applicable, Queyras Mountain Guides will specify the date from which failure to pay the deposit will result in the cancellation of the activity.
The remaining balance is payable to Queyras Mountain Guides or the guide before the start of the activity.
Right of Withdrawal
The Client is informed that, in accordance with the provisions of Article L. 221-28 of the French Consumer Code, registration for an Activity is final and binding, and that they do not have a right of withdrawal.
Prices – Additional Fees – Payment Methods – Complaints
The price includes the guide's fees as well as the operating costs of the local association, Queyras Mountain Guides.
It covers only the guiding service for the Activity, excluding any other services. It is inclusive of all charges.
The price takes into account industry standards, the number of participants and their technical and physical abilities, and the characteristics of the activity (technical difficulty, elevation gain, commitment, etc.).
Queyras Mountain Guides applies either a base daily rate, which varies depending on the winter and summer seasons, or a rate determined by the specific activity. See the Rates page.
The quoted price is considered to be the price of the Activity payable by each Participant, unless Queyras Mountain Guides has specified that it is a "guide's fee" to be shared among all Participants.
Additional expenses incurred during the Activity (transportation, ski lifts, drinks, food, etc.) are ordered, covered, and paid for directly by the Clients, including those of the Guide.
Payment Methods: The Activity fee is payable by bank transfer or cash to Queyras Mountain Guides.
Complaints: All complaints must be sent by registered mail with return receipt requested to Queyras Mountain Guides, 45 route de la Condamine, 05470 Aiguilles, no later than one month after the event giving rise to the complaint.
Modification or Cancellation of the Activity
Mountain activities are subject to risks related to weather, snow, and terrain conditions, the number of participants, as well as experience and abilities.
To ensure the safety of property and people, the proposed Activity may be canceled or modified by the instructor at any time before, during, or at the beginning of the Activity.
• If the Activity is modified by the Instructor during the Activity:
The full price of the initial objective will be applied. If the Activity is modified by the Client, particularly due to insufficient declared physical or technical prerequisites, the full price of the initial objective may be applied without the Client being entitled to any compensation.
• If the Activity is canceled by the Instructor before the Activity:
Priority will be given to rescheduling the Activity. If this is refused, the deposit will be refunded to the Client, less any sums already incurred by Queyras Mountain Guides or the Instructor for the Activity (booking or travel fees, etc.).
If the minimum number of participants required for a group activity is not reached, Queyras Mountain Guides or the instructor may decide not to hold the activity. In this case, the amounts paid by the clients will be refunded.
• In case of cancellation of the activity by the client(s):
- Up to 30 days before the start of the activity, the deposit will be refunded, except for any amounts already committed or advanced.
- From 30 days to 7 days before the start of the activity: the deposit is due.
- Less than 7 days before the start of the activity: the full price is due.
Technical and physical prerequisites - health
Technical, physical, or experience prerequisites may be required for the client to participate in the activity. The Client who falsely claims to meet these prerequisites, and whose technical, physical, or experience level is lower than stated, is fully responsible for any resulting consequences.
In particular, the Client must inform the Instructor of any health problems, medical history, short-term or long-term treatments, or accidents that could affect their physical or psychological health, as well as any specific concerns (vertigo, history of accidents, fears, etc.).
Activity Organization Schedule:
For the smooth running of the Activity, the Client agrees to arrive promptly at the communicated meeting times.
Failure by the Client to arrive at the scheduled time may result in changes to the Activity.
Number of Participants:
A maximum number of participants may be set for each Activity based on local customs and practices, the physical and technical level of the participants, and weather and terrain conditions.
For group activities, a minimum number of participants may be required, as well as a date after which an insufficient number of participants will prevent the activity from taking place.
Equipment
Group Equipment:
The price includes group and safety equipment.
Individual Equipment:
The Client must provide their own technical and safety equipment suitable for the activity, in accordance with the instructions provided.
The Client is informed that they are solely responsible for their equipment and any damage that may result to themselves or a third party.
If there is any doubt regarding the age or suitability of their individual equipment, they should inform the Instructor.
The Instructor may provide the Client with the technical and safety equipment necessary for the activity, in which case the Client agrees to wear and use this equipment throughout the activity, unless expressly instructed otherwise by the Instructor.
Responsibilities - Specific Environment
Activities take place in specific environments (mountainous, snowy, aquatic, etc.) which involve objective and unpredictable natural hazards (rockfalls, seracs, crevasses, avalanches, etc.).
The presence of the Instructor does not eliminate these natural hazards. Participants are aware of the dangers to which they are exposed.
The Instructor is bound by an obligation of due diligence, not an obligation of result.
They will implement all available means, including the option to forgo certain actions, to ensure the Participant's safety with prudence and diligence. The Participant retains an active role in the Activity.
Participants are responsible for their own safety and the safety of others. They must respect common-sense safety and conduct rules, as well as those provided by the Instructor.
It is reminded that any activity other than mountaineering that the Practitioner may undertake during the course of the outing (cycling, swimming, foraging, paragliding, etc.) is carried out under the exclusive personal responsibility of the Practitioner, the Mountain Guide cannot be held responsible in any way for this.
Insurance and Rescue
Queyras Mountain Guides instructors have professional liability insurance in France and worldwide, covering damages resulting from their professional activities, including search, rescue, and repatriation costs:
ALLIANZ Professional Liability Insurance, policy no. 62423633, covers the financial consequences of civil liability that may be incurred due to bodily injury, property damage, or consequential losses caused to others during or in connection with activities. However, it should be noted that outside of France, this insurance cannot replace any foreign legal obligation requiring local insurance and, consequently, does not exempt the policyholder from the obligation to obtain insurance in accordance with local regulations.
ALLIANZ Assistance Insurance, policy no. 922149, covers all activities related to the guiding profession as specified in the policy. Phone number: +33 1 40 25 52 28
This insurance does not replace the Client's individual civil liability for any damage they may cause to themselves or others, or that results from an external natural phenomenon.
It is the Client's responsibility to obtain individual civil liability insurance for the planned activity, without limitation of location or altitude, including assistance, search and rescue, and repatriation.
The Instructor informs the Client that they have the option of purchasing annual or daily insurance, it being understood that it is the Client's responsibility to ensure that the required coverage is actually provided.
Image Rights
The Client authorizes Queyras Mountain Guides and the Instructor to use, without limitation, for promotional and commercial purposes, by means of reproduction, display, projection, and adaptation, the images (photos and videos) taken during the guided activity, unless expressly indicated otherwise by the Client before the start of the activity.
The parents of a minor Client grant Queyras Mountain Guides and the Instructor permission to use images of the minor Client under the same conditions.
Dispute Resolution and Applicable Law
In the event of a dispute, the client must send a registered letter to Queyras Mountain Guides or the Instructor to outline their complaint and facilitate an amicable resolution.
Queyras Mountain Guides or the guide has two months to respond. If no response is received, or if the response is unsatisfactory, the client may, in accordance with Article L.612-1 of the French Consumer Code, contact the Consumer Mediator, MCP Médiation:
Either online at: www.mcpmediation.org and complete the online form;
Or by mail: MCP Médiation, 12 square Desnouettes – 75015 Paris, France.
The official language for resolving any disputes is French. All disputes will fall under the jurisdiction of the courts where Queyras Mountain Guides' registered office is located.
Personal Data Processing
The information collected on the registration form is stored in a computer file.
The collected data will not be shared with third parties and will be kept for five years.
You can access your personal data, rectify it, request its erasure, exercise your right to restrict the processing of your data, or ask any other questions by contacting Queyras Mountain Guides: Tel: +33 6 95 77 64 18 or by email: contact@queyras-mountain-guides.com
If, after contacting us, you believe that your data protection rights have not been respected, you can consult the cnil.fr website or file a complaint with the CNIL (French Data Protection Authority).