The general conditions of sale described below specify the rights and obligations of the “syndicat local des guides, accompagnateurs et moniteurs de Balagne”, taking the commercial name of “Balagne Montagne Aventure”, and of its customers in the context of the services offered in this quote.
Any service provided by Balagne Montagne Aventure implies the customer’s unreserved acceptance of these general conditions of sale.
1. Booking conditions :
1.1. Reservation request
Reservation requests can be made:
- by telephone at +33 6 33 91 13 68
- by email to email@example.com
1.2. Reservation validation
Once availability is confirmed by Balagne Montagne Aventure by telephone or email, the reservation is validated under the following conditions:
- or directly if Balagne Montagne Aventure does not require a deposit (individual customers joining a group);
- or after payment of a deposit, under the conditions defined in paragraph 1.3 (groups, legal entities, privatization requests).
1.3. Payment of a deposit
For groups, legal entities or requests for privatization, Balagne Montagne Aventure reserves the possibility, for the reservation to be validated, to request:
- either a deposit of around 30% (rounded) of the total amount of the service at the time of booking, with payment of the balance after the service;
- either a first deposit of around 30% (rounded) of the total amount of the service at the time of booking, then a second deposit of around 70% (rounded) of the total amount of the service no later than one week before the service.
Any confirmation of reservation implies acceptance of our general conditions of sale.
2. Responsability and conditions of participation :
The canyoning and/or climbing activity takes place in an open-air environment, which involves objective and random natural risks (slippery rock, falling rocks, etc.). Supervision by an instructor does not make these natural risks disappear. The participant is aware of the dangers to which he is exposed.
The instructor is subject to an obligation of safety of means and not of results. He implements all means at his disposal, including renunciation, to prudently and diligently ensure the safety of the participant, who maintains an active role in carrying out the activity. The participant ensures his own safety and that of third parties. He must respect the rules of safety and behavior which arise from common sense, as well as the rules of caution and safety given by the guide, who reserves the right to exclude any person whose state of health, physical fitness or the behavior risks compromising their safety or that of the group (person who is alcoholic or who has taken narcotics, in particular). In this case, the amount of the service would be required and no reimbursement will be granted by Balagne Montagne Aventure.
Balagne Montagne Aventure requires:
- Know how to swim (for canyoning);
- Be in good physical shape and have no medical contraindication to practicing the activity;
- Do not be afraid of water or heights (for aerial canyons or climbing).
Balagne Montagne Aventure does not have the means to test the physical condition and good health of the participants, each participant therefore takes note of the measures required by Balagne Montagne Aventure for the practice of the activity.
Balagne Montagne Aventure determines the number of participants based on the difficulty of the route and the level of the participants.
3. Insurance and relief :
Each instructor who is a member of the Balagne Montagne Aventure union benefits from professional civil liability insurance which covers damage resulting from his or her actions as a professional, including search, rescue and repatriation costs. In the event of an accident or particular event falling under the responsibility of the guide supervising the outing, only and only the guide’s own professional civil liability will be incurred, both on road access and on the outing itself. Balagne Montagne Aventure cannot be held responsible under any circumstances.
In the event of an accident, the guide’s liability is entirely released from the moment the emergency services take charge of the injured person. If hospitalization proves necessary, it will be the responsibility of the victim’s personal insurance.
The guide’s insurance does not replace the client’s individual civil liability for damage he causes to himself or to third parties, or which results from an external natural phenomenon. Balagne Montagne Aventure, as part of its duty of information and warning, strongly recommends that the client(s) take out individual civil liability insurance for the practice of canyoning, climbing or hiking, including assistance, search, rescue and repatriation.
- What insurance for practicing a sport on an individual basis?
The free practice of a sport, that is to say on an individual basis, takes place outside the framework of an association or club. It concerns, for example, the Sunday runner who takes advantage of his weekend to cover a few kilometers at short strides or the group of friends who improvise a football match on a municipal field. Good news: you are obviously free to practice this type of activity without necessarily having to take out insurance.
But depending on the type of activity you practice, alone or supervised by a professional, be aware that many sports are excluded from your usual insurance contracts. Traditionally, activities considered “exposed” are excluded from this type of contract (aerial activities, climbing, canyoning, mountaineering, mountain biking, mechanized 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 damage. On the other hand, its insurance is not intended to cover the consequences of your individual behavior or the costs of repatriation from the hospital to your home, for example.
To protect yourself during your sporting activities, you can take out specific sports insurance. This type of annual or daily contract covers:
1- Civil Liability: during your sporting practice, if you injure someone through your fault or your recklessness, in accordance with articles 1240 and 1241 of the French civil code, you are civilly liable for having “caused damage to others”;
2- If you are injured alone while practicing sporting activity The Individual Accident (“IA”) insurance contract provides compensation for significant accidental bodily injury and possibly medical expenses, repatriation, research and rescue, damage caused to sports equipment….
Neither the guide nor Balagne Montagne Aventure can be
held responsible in the event of loss, theft or damage to personal objects that
practitioners may take with them during the activity or leave in their car or
that of the guide during the activity (camera, jewelry, glasses, etc.). Also,
we strongly advise you to take the bare minimum with you, both on the outing
and in the vehicle.
4. Provision of services:
The activities reserved by the customer will be carried out on the date and time agreed with Balagne Montagne Aventure by telephone or email, provided the reservation has been validated.
The guide undertakes to be present at the place and time agreed upon when booking.
The guide performing the service reserves the right to cancel, or change the place or time of the service to the extent that the conditions would make the performance of the service dangerous. This is the case when the weather conditions, the flow of the canyon or the physical condition of the client make an activity dangerous. In the event that the instructor changes the activity for safety reasons, the client can cancel the outing free of charge, and Balagne Montagne Aventure will refund any deposit previously paid.
The duration of the services displayed on the canyoningbalagne.fr website or communicated by telephone is an average time with a group of 6 to 12 people depending on the activities. Balagne Montagne Aventure will not reimburse part of the service if the activity was completed faster or slower than the time displayed on the site or announced by telephone. Likewise, Balagne Montagne Aventure or the guide will not be able to request additional costs if the client takes more time than the time displayed on the internet or communicated by telephone.
5. Payment and means of payment :
Deposits can be paid by the following payment methods:
- Chèques-vacances ;
- Bank transfer (provided that it arrives within the allotted time in the Balagne Montagne Aventure bank account);
- Bank card through the Sumup application.
Payment of the balance or the entire service (if no deposit has been requested by Balagne Montagne Aventure) is made on the day of the outing, after the activity, directly to the guide, by the following means of payment:
- Chèques vacances.
The services offered by Balagne Montagne Aventure are provided at the rates in effect on the website or according to the quote established in advance.
All our prices are expressed in euros including tax.
Our prices include the supervision of the outing by a state-certified guide, holder of professional liability insurance, as well as the loan of the technical equipment necessary for the smooth running of the outing, excluding shoes. Participants are thus informed that they must bring a pair of shoes compatible with the chosen activity.
Balagne Montagne Aventure prices are firm during the period in question. However, Balagne Montagne Aventure reserves the right to modify its current prices depending on the number of participants or the partners. No price modification can be applied by Balagne Montagne Aventure after the order is placed.
On request, an invoice will be prepared by Balagne
Montagne Aventure, and given to the customer after the service.
7. Failure to respect the number of people
During the reservation process (email or telephone), the customer commits to a number of people who will participate in the activity. As places are limited, a reserved place is a due place. Balagne Montagne Aventure will not be able to find other customers if information of one or more withdrawals is given on the same day of the outing. In this case, the guide will charge the amount corresponding to the number of places reserved.
8. Right of withdrawal
According to article 221-28 12°, the 14-day withdrawal period does not apply to the extent that the service provided corresponds to leisure activities taking place on a specific date.
9. Cancellation conditions :
9.1. Cancellation by Balagne Montagne Aventure
In the event of cancellation by a Balagne Montagne Aventure guide, any deposit will be fully refunded. Transportation costs to practice locations cannot be taken into consideration.
The main cause of cancellation remains the weather or high water levels. Rain or a local storm does not result in the de facto cancellation of the services offered; it is up to the guide alone to decide.
9.2. Cancellation by customers :
As places are limited, a cancellation should not be taken lightly because Balagne Montagne Aventure sometimes refuses customers when the group is full, and it is not necessarily possible to find other customers if the cancellation is made within too short a deadline.
– any cancellation request made by customers more than 168 hours (7 days) before the date of the activity will result in the full refund of the deposit, with the exception of sums already committed or advanced by Balagne Montagne Aventure ;
– any cancellation request made by customers more than 48 hours before the date of the activity will result in the full refund of the deposit only if Balagne Montagne Aventure succeeds in finding new customers for the places blocked by the customer having canceled the service.
If the cancellation request is made less than 48 hours before the date of the activity, no deposit can be refunded by Balagne Montagne Aventure, except in cases of force majeure (need to present a medical certificate or civil status certificate).
10. Various terms :
The price does not include transport from the meeting place to the actual departure of the activity. Where possible, carpooling under the full responsibility of the drivers can be organized between participants.
We tolerate a maximum delay of 10 minutes, beyond this deadline, the guide no longer has any contractual obligation and the group present will leave for the activity. No refund or compensation will be payable.
Photographs of the outing may be taken by the guide, and copied free of charge after the activity on a digital medium provided by the client. This provision does not in any way constitute an obligation of Balagne Montagne Aventure. In addition, if the customer does not provide digital support, no sending can be made after the service.
In order to illustrate its communication media, Balagne Montagne Aventure may use without any restriction the images (photos and videos) taken during the outings, unless expressly indicated otherwise by the client before the start of the Activity. The parents of the minor customer grant Balagne Montagne Aventure authorization to use the images of the minor customer under the same conditions.
11. Disputes :
11.1. Consumer mediation
In the event of a dispute between the client and Balagne Montagne Aventure, they will endeavor to resolve it amicably (the Client will send a written complaint to Balagne Montagne Aventure). In the absence of an amicable agreement or in the absence of a response from Balagne Montagne Aventure within a reasonable period of one (1) month, the consumer Customer within the meaning of article L.133-4 of the code de la consommation has the possibility of contacting, free of charge, if a disagreement persists, the competent mediator registered on the list of mediators established by the Commission for the Evaluation and Control of Consumer Mediation in application of article L.615-1 of the code de la consommation, namely:
La Société Médiation Professionnelle
24 rue Albert de Mun – 33000 Bordeaux
11.2. Court of competent jurisdiction
As far as possible the parties will endeavor to resolve amicably any problem that may arise. If not, any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
The BASTIA commercial court remains solely competent in the event of a dispute or disagreement concerning these general conditions of sale.
12. Use and processing of personal data:
As part of booking activities, Balagne Montagne Aventure collects your data and undertakes to use it only for the processing of your reservation.
Under no circumstances will this data be the subject of a commercial transaction with a third party, nor used in the unwanted context of an advertising campaign.
In accordance with current laws, you can at any time ask Balagne Montagne Aventure to delete and/or rectify your personal data by sending us an email to firstname.lastname@example.org. If you believe, after contacting us, that your “Informatique et Libertés” rights are not respected, you can consult the site cnil.fr or send a complaint to the CNIL.