The present General Terms and Conditions of Sale are agreed upon between the company EXPLORA PROJECT (hereafter referred to as the "the Company") and the client (hereafter referred to as the "the Client") for expeditions organized in France and other countries and weekend training courses instructed by guides, subject of this agreement.
This contract (hereafter referred to as “the Contract”), provided to the Client, consists of the present General Terms and Conditions of Sale, of the Sales Contract, and documents related to the services mentioned in the preceding paragraph.
For all reservations made with the Company, the Client fully accepts the present General Terms and Conditions of Sale.
Important note: the translation into English of the General Terms and Conditions of Sale is for information purposes only. Only the French version is admissible in court. Signing this translation represents the equivalent of signing the French version and is legally binding.
The company EXPLORA PROJECT SASU, with a capital stock of €30,000, registered in Annecy, France, under the company registration number (siren) 840 594 022, has its headquarter offices at the following address: 12 C rue du Pré Faucon, ZAE Les Glaisins, 74940 Annecy-le-Vieux (France).
- Guarantor: APST
- Insurance: ALLIANZ IARD, Annecy (France)
- Travel agency license (France): Atout France IM 74180017
- Telephone: + 33 7 85 71 45 35 (Stanislas GRUAU, CEO)
- Business hours: Monday through Friday (09:00 – 19:00)
ARTICLE 1: PRECONTRACTUAL INFORMATION REQUIREMENTS
Before executing the present Contract, the Client confirms having received and carefully read the information in all documents provided by the Company, especially all content for services offered relative to expeditions, prices and payment methods, applicable cancellation terms, and any modifications the terms of the contract.
It is clearly specified that registering for any and all “Ultimate” expeditions of 10 days or more assumes that the Client will provide written proof of his or her excellent physical condition, emergency evacuation and repatriation insurance, and a medical certificate signed by a registered physician indicating a clean bill of health and that the Client is physically apt to register for the expedition.
Within the framework of the present Contract, the Company reserves the right to decline the registration application for any participant if the aforementioned participant does not supply the required documents and information. The Company reserves the right to prevent a Client from embarking on an expedition if the aforementioned Client is not considered apt for one or several of the expedition’s planned activities or disciplines. In the event the start of the expedition is cancelled or an alternative activity offered if possible, the Client will have recourse to claim a refund or any other form of compensation. The Company reserves the right to refuse access to an activity or discipline during the expedition if the Client is not considered apt to participate in the aforementioned activity or discipline.
Given the nature of the services provided, the Client is hereby informed that registration is not open to persons with reduced mobility or to persons in poor or inadequate physical condition.
ARTICLE 2: ADMINISTRATIVE AND HEALTH FORMALITIES
The Client acknowledges having been informed of the administrative and health formalities for crossing international borders. The information provided is only valid for French nationals.
In the event the Client registers a participant or participants of a nationality other than French, the Client must provide and explicitly specify this information to the Company when signing the Contract and associated documents. The Company requests that citizens from countries other than France contact the relevant embassy or consulate from their country that will detail the necessary legal, customs, and health formalities to follow when traveling internationally.
The fees associated with the legal, customs, and health formalities required by the expedition for which the Client makes a reservation, such as formalities relative to passports, national identification cards, residency cards, parental authorization, visas, medical certificates, vaccination records, are the exclusive responsibility of the Client.
If the situation should arise that the Client is forbidden from traveling due to non-compliance with any of the administrative or health formalities, the price paid will not be refunded, and the Company cannot be held liable under any circumstances.
ARTICLE 3: PRICE
The Client agrees to comply with the contractually defined payment terms and conditions.
1. For “Ultimate” expeditions
- The Client must make an advanced payment of €1500 to secure the reservation.
- The Client must pay the remaining amount in full 90 days before the departure date.
In the event remaining amount is not paid in full by the required date agreed upon by both parties, the Company is no longer required to hold the reservation or an available spot or spots for the trip and associated services. The latter will be considered canceled by the Client.
For all reservations made less than 90 days before the departure date, the Client will be required to make a single payment for the entire price of the trip and associated services when the reservation is made.
2. For “Discovery” expeditions
- The Client must pay the amount in full to secure their reservation.
Unless otherwise stipulated due to specific conditions, the price for the trip does not include fees for visas, vaccinations, service fees, insurance, occupancy taxes on location, incidentals, drinks, tips, and any other services or goods not specifically indicated in the general terms and conditions of the expedition description.
If the Client or other trip participants choose not to participate in certain activities or services included in the price or paid for in extra, the Client and the aforementioned participants will not receive any refund or credit.
ARTICLE 4: REVISING PRICES
The Company reserves the right to revise trip and expedition prices in compliance with article L.211-10 of the French Tourism Code in the event there are changes in the information used to determine the price of the trip.
It is hereby specified that the price was established based on the following cost and tax information:
- the cost of transportation, especially fuel;
- the taxes, licensing, or other usage fees pertaining to the services provided, such as airport taxes (takeoffs and landings) or port taxes (boarding and disembarking) known at the time when the contract is signed;
- the exchange rate applied to the reserved expedition.
Since this involves the cost of transportation, the Company will, if necessary, pass on fuel surcharges indicated and observed by the carrier(s). The carriers may decide to apply consecutive increases. If this occurs, the Company will pass on these costs to the Client.
The Company may also pass on to the Client any variations in usage fees or other taxes. It is also specified that the Client will be required to pay all new taxes, usage fees, or other fees imposed by the laws and regulations in France or other countries relative to the services provided.
The price may also be revised if there are changes to the exchange rate used to calculate the price of the expedition or trip reserved by the Client.
Nevertheless, in compliance with the applicable laws and regulations in effect, the price cannot be revised less than 20 days before the start of the trip or expedition.
In addition, if there is an 8% or more increase in the price, the Client has the option of declining to pay for the change and cancel the contract. If the Client chooses to cancel the contract, the Client will receive a full refund for the amount already paid without incurring any penalties or fees.
ARTICLE 5: RESERVATION CANCELLATION
The Client may cancel the contract at any time before the expedition. Cancellations include the fees detailed below.
Cancellation fees are calculated based upon the cancellation date and the full or partial nature of the cancellation.
The following conditions apply if other specific conditions are not explicitly provided.
In the event of a cancellation, the price paid by the Client and corresponding to the cost of air or train transportation is not refundable.
The trip includes lodging and additional services defined in the Sales Contract.
- For all cancellations, the Company will charge as cancellation fees the amount already paid by the Client.
- It is possible to transfer the paid amount to another trip, and is the preferable solution for the Company and the Client.
If the Client contacts the Company far enough in advance, the Client has the option of transferring the contract to another individual who satisfies the same requirements, including the medical aptitude and physical conditioning necessary to complete expedition or trip, as long as the contract has not officially taken effect. In this scenario, the Company will charge the contract modification fees applied by all third-party service providers. The transferor and the transferee are responsible for paying the remaining amount and the additional fees and costs incurred for the contract transfer.
ARTICLE 6: RESERVATION MODIFICATIONS
Once all transportation is arranged and tickets printed (plane, train, bus,…), any modifications might require additional fees or trigger specific penalties depending on the terms and conditions applied by the carrier.
Given the nature of the services provided and the physical condition required, the Client will only be able to change the identity of participating individuals if the aforementioned participants meet all of physical and technical requirements listed in the specific terms and conditions for participation.
Only Explora Project has the right to approve this modification. In the case of non-compliance with the above terms and conditions, Explora Project will not accept the modification.
In accordance with article L.211-12 of the Tourism Code in France, the Company reserves the right to modify certain details and specifics of the trip relative to the information provided when the contract is signed.
ARTICLE 7: MINIMUM NUMBER OF PARTICIPANTS
The Client is hereby informed that a minimum number of participants are required for a trip to take place. If the minimum number of required participants is not met and the trip canceled, the Client will be informed at the latest:
- 20 days prior to departure for any trip that is longer than 6 days;
- 7 days prior to departure for a 2 to 6 day trip;
- In this case, the Company will provide the Client with a full refund of payments already made.
ARTICLE 8: INTERRUPTION OR ABSENCE OF PARTICIPANTS AT THE START; “NO SHOW”
The interruption of services reserved by the Client or by one of the participants is not subject to a refund or reimbursement of fees.
No reimbursement will be made in the event that one or several participants on a trip do not show up at the start at the times and locations indicated by the Company, or if they are unable to participate in the trip for any reason.
ARTICLE 9: INSURANCE
The Client is hereby informed that in every case, whether participating in an “Ultimate or Discovery” expedition, he or she must have emergency evacuation and repatriation insurance. The Client will be required to show proof of insurance when registering for an “Ultimate or Discovery” expedition.
The Company offered the Client the opportunity to sign up for required insurance (emergency evacuation and repatriation) and other insurance options such as trip cancellation insurance.
In the Client cancels the reservation, the insurance premium is not refunded.
ARTICLE 10: LIABILITY
10.1 Company Liability
The Company is not liable for force majeure events or circumstances, of outside events affecting the ability to provide the services specified in the contract or the poor execution of the contract by the Client or participants.
The Company is not liable for any false declarations made by the Client regarding the aforementioned Client’s physical condition or aptitude.
Since the services provided involve a self-guided expedition, the Client is responsible for his or her own progress and choice of itinerary.
The Client has been informed, prior to departure, of the inherent risks of an expedition and of the training weekends. The Client agrees to having read, understood, and accepted these risks.
The Company is not liable for the loss or degradation of any valuables or gear belonging to the Client.
The Company is not liable for executing any services purchased on location by the Client or trip participant that were not specifically mentioned in the special terms and conditions.
The Client agrees to send a completed and signed assumption of risk / liability release form.
Airline liability is determined and limited to their specific terms and conditions of travel as well as by the International Conventions signed on October 29, 1929, in Warsaw, and on May 28, 1999, in Montreal and/or European Union regulations passed on February 11, 2004.
The liability of the Company shall never exceed the liability of the airlines.
10.2 Client Liability
The Company provided the Client with all necessary information on the terms and conditions for the Client to participate in an “Expedition.” Before participating in the Expedition, the Client will provide the Company EXPLORA PROJECT with a signed liability release form.
The Client is financially liable for any and all degradations the Client causes during the trip.
The Client is liable for any incidents or accidents that occur to him or her or to a third party, especially any dangerous behavior or a behavior that infringes on the concepts mentioned during the 2 days of preparation in-country and on location before the expedition start.
The Client agrees to follow the laws and regulations in the host country.
ARTICLE 11: MODIFICATIONS MADE BY THE COMPANY
If, prior to departure, it is impossible to execute any essential facets of the contract due to an external event completely out of the Company’s control, the Company must notify the Client as quickly as possible and inform the aforementioned Client of his or her options to cancel the contract or to accept the modifications proposed by the Company.
This information must be confirmed in writing and sent to the Client, who is required make a choice as soon as possible. If the Client chooses to cancel the contract, the Client has the right, without having to pay extra penalties or fees, to a full refund of the sums already paid, as well as any other compensation as stipulated by the laws in effect.
ARTICLE 12: CLAIMS
In the event any difficulties are encountered during the trip, the Client should contact the Company or the Company’s local representative.
The Company’s customer service department is open Monday through Friday, from 09:00 to 19:00 (CET).
The Clients can contact customer service during their trip:
- By calling +33 7 85 71 45 35 (Stanislas Gruau, CEO)
- By sending an email to the following address: firstname.lastname@example.org
Any observations or claims made by the Client regarding the trip must written and sent by certified mail, with a signature of receipt, to the headquarter offices of the Company within 72 hours after returning from the trip or expedition.
If the Client does not receive a satisfactory reply within 60 days, the Client has the option of contacting the French tourism arbitration board (http://www.mtv.travel/en/, MTV, Médiation Tourisme Voyage, BP 80 303, 75 823 Paris Cedex 17, FRANCE).
ARTICLE 13: AUTHORIZATION
As part of the services provided, the Client or participants designated by the Client will be filmed and photographed. The company will thus be able to provide a digital souvenir to the Client from the expedition.
In this context, the Customer accepts the use of its image and authorizes the company EXPLORA PROJECT to reproduce and exploit my image in the context of photographs and videos made in the framework of training and expeditions in which I will participate.
This authorization carries the possibility to bring to the initial fixation of my image any modification, adaptation or suppression that it will find useful. The company EXPLORA PROJECT may use, publish, reproduce, adapt or modify, alone or in combination with other materials, by all means, methods or techniques currently known or future.
This authorization is valid for use:
• For a period of: 3 years,
• In the territories: World.
• On all material and immaterial media, in any formats known or unknown to date, and in particular, without this list being exhaustive: paper (prints of photographs), catalogs and miscellaneous editions, CDROM / DVDROM and other digital media , any audiovisual support, including cinema, TV and by any means inherent to this mode of communication, internet (including Intranet, Extranet, Blogs, social networks), all reception devices combined (smartphones, tablets, etc.), press media ( televisual advertising spots, cinematographic advertising spots), internal communication media, promotional materials (POS, ILV, poster campaigns in all locations, all sizes and on all media (urban, airports, railway stations, public transport, etc.)), sales materials (merchandising products: postcards, posters, T-shirts, etc.), integration rights in another work / multimedia work.
This authorization to exploit my right to the image is granted free of charge.
ARTICLE 14: DISCLAIMER OF LIABILITY & ACCEPTANCE OF RISKS
14.1 Risks inherent to the activity
The customer acknowledges having been informed about the risks inherent to his participation in the trainings and expeditions offered by the company EXLORA PROJECT.
The client has been informed that, as part of the expedition, it will not be systematically supported by a guide at the end of the training day received.
The risks to his participation include:
- Injuries due to falls or other movements (sprain, strain, fracture, etc.);
- Injuries with blunt or sharp objects (branches, equipment, etc.);
- Cold or hypothermia;
- Injury resulting from accidental or unintentional contact between individuals;
- Contact with water or drowning (during water activity or near a watercourse), avalanche or falls;
- Burns or disorders due to heat, food allergy
This list is not exhaustive.
14.2 State of health
The client certifies that his state of health and his physical abilities allow him to participate in the activities proposed by the company EXPLORA PROJECT. He certifies that he has no known or treated pathology.
The client certifies that he has no physical, emotional or behavioral health problems that could directly or indirectly limit his participation in the activities.
14.3 ACCEPTANCE OF RISKS
The client is aware that the activities offered by the company EXPLORA PROJECT take place in potentially natural semi-natural or natural environments, which, consequently, are further from the medical services. This may result in long delays in an emergency requiring evacuation, and therefore a possible worsening of the condition or injury. Having taken note of these risks and having had the opportunity to discuss them with a person in charge of the activity, the client acknowledges having been informed about the risks inherent in the activities and is able to undertake the activity or the stay IN ALL KNOWLEDGE OF CAUSE AND ACCEPTING THE RISKS that may be involved in this stay or activity. The client is also committed to playing an active role in managing these risks by adopting a preventive attitude towards him and towards other people around me.
14.4 DISCLAIMER OF MATERIAL RESPONSIBILITY
The customer hereby renounces to any claim, as well as any claim for damages for any damage to property and equipment belonging to him. (normal wear, loss, breakage, theft)
14.5 AUTHORIZATION TO INTERVENE IN CASE OF EMERGENCY
The client authorizes the company EXPLORA PROJECT to provide all necessary first aid. It also authorizes the company EXPLORA PROJECT to make the decision in the case of an accident to transport me (by ambulance, helicopter, coast guard or otherwise) in a hospital or community health facility, all, if applicable , at his own expense.
ARTICLE 15: GOVERNING LAW AND JURISDICTION
French law applies the Contract’s general and specific terms and conditions of sale.
If a settlement cannot be agreed upon, the courts where the Company’s headquarter offices are located will have exclusive jurisdiction to adjudicate the dispute.