Terms and conditions

Cancellation policy

These Terms and Conditions apply to the Sale of Activities and Services provided

by the Mountain Guides Office of Courchevel known as the Bureau des Guides de Courchevel, domiciled at Maison de la Montagne, 110 rue de la Croisette, 73120 Courchevel 1850, a local professional syndicate registered at the Town Hall of the Municipality of Saint-Bon-Tarentaise under the SIRET n° 41920591900014. E-mail address: guides.courchevel@wanadoo.fr , mobile phone number: 06.23.92.46.12, web-site: www.guides-courchevel.com, referred to hereafter as “the Bureau des Guides”

for the benefit of any natural or legal person or persons, hereafter “the Participant(s) / Client(s)”,

whether directly (over the counter or off-premises) or remotely (by telephone, postal mail, e-mail, or on the Bureau des Guides’ web-site www.guides-courchevel.com

The Activity contracted for purchase is conducted by
  a State-qualified Mountain Guide,
  or an Aspirant Mountain Guide in training at the Ecole Nationale de Ski et d’Alpinisme, the National School of Skiing and Mountaineering, henceforth the ENSA,
  or a State-qualified Mountain Leader,
  or a State-qualified Climbing Instructor,
  or a State-qualified Canyoning Instructor,
  or a State-qualified Free Flight/ Hang Gliding and Paragliding Instructor
  or a State-qualified Mountain Bike Instructor

hereafter referred to as “the Instructor”, exercising his or her Activity with self-employed status.

The purchase of an Activity or Service provided contractually by the Bureau des Guides entails full knowledge and acceptance of these Terms and Conditions.

Article 1- Definition of the Service Provided

The Bureau des Guides acts as a transparent intermediary between the Instructor and the Client. It ensures the promotion and sale of the Activities, and receives payments in the name of and on behalf of the Instructor.

The Mountain Guide or Aspirant Mountain Guide Instructor provides a service of supervision, leadership, instruction and safety-training in Alpinist activities and activities related to Alpinism, and exercises his or her prerogatives in compliance with the Ministerial ruling of 16 June 2014 relating to the “diplôme d’Etat d’alpinisme-guide de haute montagne” (the national diploma of mountaineering and mountain guiding),

The Mountain Leader Instructor provides a service of supervision, guiding, coordination, instruction and safety-training to individuals or groups in mid-altitude mountains, excluding glaciated zones, rocky zones, canyons, terrains requiring the use of mountaineering equipment or techniques, and exercises the prerogatives enumerated in Article 1 of the Ministerial ruling of 3 June 2019 relating to the “diplôme d’Etat d’alpinisme-accompagnateur en moyenne montagne” (the national diploma of mountaineering and mid-altitude mountain leading),

The Canyoning Instructor (or Guide with a Canyoning qualification) provides a service of instruction, trip planning, supervision and safety-training in canyoning for the general public and in all types of canyon, as defined by Article 2 of the Ministerial ruling of 26 May 2010 establishing the term “canyonisme” (canyoning) in the State Diploma in Youth, Popular Education and Sport, henceforth DEJEPS, as a specialisation of sports training.

The Climbing Instructor provides a service of instruction, trip planning, supervision and safety-training in climbing for the general public and in all natural sites and via ferrata located at below 1500 metres and on artificial structures, as defined by the Ministerial ruling of 31 January 2012 establishing the term “escalade en milieux naturels” (climbing in natural environments) in the DEJEPS, as a specialisation of sports training.

The Free Flight/ Paragliding Instructor provides a service of instruction, planning, supervision and safety-training in the various activities of free flight (school, tandem, cross-country, aerobatics) in compliance with the Ministerial rulings of 27 December 2007 establishing the terms “deltaplane” (hang gliding) and “parapente” (paragliding) in the DEJEPS, as a specialisation of sports training.
The State-qualified Mountain Bike Instructor provides a service of planning, instruction, management and promotion of the Mountain Bike Activity in a mountain environment in compliance with the Ministerial ruling of 8 November 2010 establishing the term “vélo tout terrain” (mountain bike) in the DEJEPS, as a specialisation of sports training.

These Terms and Conditions only concern the sale of the above-mentioned Activities/ Services excluding all other provision of transport, accommodation, food or rental of equipment, and referred to hereafter as Activities/ Services.

Article 2- Sale of an Activity - Booking

The contract is composed of two parts of which, in case of conflict, the individual agreement between the Bureau des Guides and the Client shall prevail over these Terms and Conditions.

The Activity is deemed sold once the parties (the Bureau des Guides and the Client(s)) have agreed upon its main characteristics and the price of the service provided.

Booking requests are handled directly by the Bureau des Guides, by telephone on +33.623.924.612, or by e-mail at guides.courchevel@wanadoo.fr and must include the surname, first name and contact details of the Client.

Booking is effective once the Client has completed the booking form and paid in full the price of the Activity and the Bureau des Guides has acknowledged receipt of the amount.

In the absence of acknowledgement on the part of the Bureau des Guides within a period of 3 days, the booking will be deemed non validated; the Bureau des Guides however may confirm the registration beyond the three-day limit until the day of the Activity.

For over-the-counter sales in the usual premises of the Bureau des Guides: these Terms and Conditions shall be on display and freely available.

For sales agreed off-premises (in other premises than the usual ones): before any order is made, the Bureau des Guides shall provide the Client with the contractual information.

For remote sales (by telephone or postal mail): before any order, the Bureau des Guides shall provide the Client with the contractual information in a form which will permit their retention or reproduction.

For remote sales agreed exclusively by e-mail exchanges: the Bureau des Guides shall make sure that the Client acknowledges when ordering his or her obligation to pay, and that the words “order with obligation to pay” figure on the contract, as well as the accepted methods of payment for the conclusion of the contract.
The Bureau des Guides shall acknowledge receipt of the booking application by e-mail or by any other means and provide the Client with confirmation and details of the contract on a durable medium.

For sales agreed remotely with payment on line: the Bureau des Guides sets out the steps to be taken to conclude the contract and the means enabling the Client to identify any possible errors: 1/ The Client checks the detail of the order and the total cost; 2/ he or she confirms the contract; 3/ the Bureau des Guides acknowledges receipt of the order and provides the Client with confirmation of the contract on a durable medium.
The Bureau des Guides shall ensure that the words “order with obligation to pay”, the means of payment accepted and the languages proposed for the conclusion of the contract all figure clearly on the contract.

Article 3- Right of Withdrawal

The Client 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 is not subject to a right of withdrawal.

Article 4- Prices – Additional charges – Methods of payment – Complaints

The price covers the fees due to the Instructor as well as the running costs of the Bureau des Guides. It concerns only the service of guiding for the Activity to the exclusion of all other benefits. It is tax-inclusive.

The price takes into consideration the habits and customs of the profession, the number of participants and their level of technical competence and fitness, and of the nature of the goal pursued (e.g. technical difficulty, difference in elevation, commitment).

Extra charges that may be incurred by the Activity (transport, ski lifts, drinks, food, etc.), including those of the Instructor, shall be borne by the Client(s), who shall order all necessary items and directly pay for them.

Methods of payment: the payment for an Activity can be made by a bank cheque payable to the Bureau des Guides de Courchevel, by credit card (over the counter or on line), by bank transfer or in cash.

Complaints: Any complaints should be addressed by registered mail with recorded delivery to the Bureau des Guides, no later than one month after the event that gave rise to the claim.

Article 5- Modification or Cancellation of the Activity

Mountain sports activities are subject to unpredictable conditions related to weather, snow and terrain, numbers of users, as well as to the experience, technical competence and fitness of the participants.

To ensure the safety of individuals and goods, the proposed Activity may be cancelled or modified by the Bureau des Guides at any time before, at the start of or during its accomplishment.

• Should the Activity be modified by the Bureau des Guides or the Instructor before or during its accomplishment, the price of the alternative route will be applied in accordance with usual practice, but in no case less than the basic daily rate of the Bureau des Guides, and the Client may not claim any compensation.
Should the Activity be modified by the Client, in particular due to lack of the stated physical or technical prerequisites, the total rate for the initial objective may be charged.

• Should the Activity be cancelled by the Bureau des Guides or The Instructor before the Activity, priority will be given to rescheduling the Activity. In case of refusal, the Activity shall be refunded to the Client(s), after deduction of any costs that may already have been incurred by the Bureau des Guides or The Instructor for the Activity (such as booking fees or transport costs).
If the minimal number of participants stipulated has not been reached for a group Activity, the Bureau des Guides or The Instructor may decide not to carry out the Activity. In this case, the money paid by the Client(s) will be refunded.

• Should the Activity be cancelled by the Client(s):

 Up to 30 days before the start of the Activity: the total cost of the Activity will be refunded after deduction of costs already incurred;
 From between 30 and 4 days before the start of the Activity: 50 % of the price of the Activity will be refunded;
 Less than 4 days before the start of the Activity: the full price is due.

Article 6- Physical and technical prerequisites - health

Prerequisites of physical fitness, technical competence and experience may condition a Client’s access to a given Activity.
The Client who falsely claims to meet these requirements and whose level of physical fitness, technical competence or experience is below that claimed, is entirely responsible for the consequences of any type that may result from this false claim.

In particular, the Client must declare to the Bureau des Guides and the Instructor any health problem, medical history, current short or long-term medication, accident, that may affect his or her physical or psychological health as well as any special apprehension, such as vertigo, previous accidents or fears.

Article 7- Organisation of the Activity

Time schedule: To ensure that the Activity runs smoothly, the Client undertakes to be punctual at the scheduled appointments. A Client’s failure to respect the time-table may result in modification of the Activity.

Number of participants: A maximum number of participants may be stipulated for each Activity taking into account usual practice, the physical and technical level of the participants, weather conditions and conditions on the ground.
In the case of a group Activity, a minimum number of participants may be stipulated, along with the date whereafter an insufficient number of registered participants will prevent the Activity from taking place.

Article 8- Equipment

Collective equipment: the price includes collective equipment and safety equipment.

Personal equipment: the Client brings his or her own technical and safety equipment adapted to the Activity, in compliance with the indications given.

The Client is informed that he or she is solely responsible for his or her equipment and any damage that it may cause, for him or herself or a third party.

In case of doubt regarding the state of wear or the unsuitable nature of his or her personal equipment, he or she should consult the Bureau des Guides or the Instructor.

The Instructor may find it necessary to provide the Client with technical and safety equipment suitable to carry out the Activity, in which case the Client undertakes to carry or wear and to use this equipment throughout the duration of the Activity, unless the Instructor expressly indicates otherwise.

Article 9- Responsibilities- Specific environment

The Activities take place in a specific environment (mountainous, snow-covered, aquatic, underground, aerial, etc.) which presents natural hazards, some objective and some more unpredictable (such as rock falls, serac collapse, crevasses, avalanches). The presence of the Instructor cannot eliminate these natural hazards. The Participant is aware of the dangers he or she is exposing him or herself to.

The Instructor is subject to an obligation of safety of means and not of result. He or she uses all the means at his or her disposal, including renunciation, to ensure the safety of the Participant, prudently and diligently, the latter conserving an active role in carrying out the Activity. The Participant shall look after his or her own security and that of third parties. He or she must adhere to the rules of safety and behaviour as dictated by common sense as well as those conveyed by the Instructor.

It is recalled that any Activity other than Alpinism that the Participant might practise during the outing (cycling, swimming, gathering, paragliding, etc.) is practised under the exclusive and personal responsibility of the Participant. Hence the Mountain Guide could under no circumstances be held liable.

Article 10- Insurance and Rescue

The Instructors of the Bureau des Guides are covered by professional civil liability insurance in France and world-wide that covers damages that may result from their actions in their professional capacity, including the costs of search, rescue and repatriation:
  ALLIANZ RC Pro, Contract n°621 38 930, guarantees the pecuniary consequences of civil liability that may be incurred due to physical injury, material damage or moral prejudice caused to third parties during or at the time of the activities. However it is stated that outside France, this insurance policy cannot substitute for any foreign legal obligation to take out local insurance, and consequently does not remove the Subscriber’s obligation to take out insurance in compliance with local legislation.
  Europ Assistance, assistance insurance, Contract n°58.224.457, covering all activities related to the profession of Guide mentioned in the contract. Telephone number: +33 1 41 85 99 38

This insurance cannot substitute for the Client’s personal civil liability for damages he or she may cause to him or herself or a third party, or that may result from an external natural phenomenon.

It behoves the Client(s) to take out personal civil liabilty insurance for the practice of the proposed Activity without limitation of location or altitude, including assistance, search, rescue and repatriation.

The Instructor hereby informs the Client that he or she can take out an annual or a one-day insurance policy, while emphasizing that it is up to the Client to ensure that all the required guarantees are effectively covered.

Article 11- Image reproduction rights

The Client authorises the Bureau des Guides and the Instructor to make unlimited use of images (photos and videos) taken during the supervised Activity for promotional purposes through means of reproduction, representation, projection and adaptation unless expressly indicated otherwise by the Client before the start of the Activity.

The parents of a minor Client grant the Bureau des Guides and the Instructor authorisation to use images of that minor Client in the same conditions.

Article 12- Dispute settlement and applicable law

In the event of a dispute, the Client must send a registered letter to the Bureau des Guides or to the Instructor to set out his or her claim and facilitate an amicable settlement. The Bureau des Guides or the Instructor has two (2) months to reply. In the case of no reply or a reply that is not acceptable to the Client, the latter may, under Article L.612-1 of the French Consumer Code, refer the matter to the Consumer Ombudsman through MCP Médiation:
  Either on line: go to www.mcpmediation.org and fill in the referral form;
  Or by post: write to MCP Médiation, 12 square Desnouettes – 75015 Paris.

The language of reference to settle any disputes is French. Any dispute whatsoever shall be subject to the jurisdiction of the courts on which the registered office of the Bureau des Guides depends.

Article 13- The processing of personal data

Information collected in the registration form is stored in a computerised file. The data thus collected will not be passed on to any third party and will be retained for five years.

You may access your personal information, rectify it or ask for it to be deleted, exercise your right to the principle of purpose limitation or ask any other question, by contacting the Bureau des Guides de Courchevel on +33.6.23.92.46.12 or by email at guides.courchevel@wanadoo.fr .

If you believe, after contacting us, that your rights and civil liberties in terms of the Data Protection Act (“Informatique et Libertés”) have not been respected, you are invited to consult the web-site of the French Data Protection agency, the CNIL, at www.cnil.fr (or in English, https://www.cnil.fr/en/home ) or send a written complaint to the CNIL.