Terms and Conditions
These terms and conditions (the “Terms”) are entered into between (i) non-professional clients (the “Client”) and (ii) UNDISCOVERED MOUNTAINS FRANCE, a French société à responsabilité limitée with a share capital of EUR 5.000, whose registered office is located Quartier l’Oratoire, JARJAYES (05130), France, registered with the Trade and Companies Registry (RCS) of GAP (05000), France, under the identification number 853 529 493, SIRET number 85352949300019, VAT number FR48853529493 and tourism license ATOUT France number IM00520005, duly represented by its current legal representative (“UMF”).
Article 1: Scope
The Terms apply to the use and access by non-professional clients, regardless of whether such clients are logged in or not, of the website https://alpsactivities.com/ and its features and content as amended from time to time, operated by UMF (the « Platform »).
When using or accessing the Platform, Client agrees to comply, at any time and without limitation nor reservation the Terms, as amended from time to time at UMF’s sole discretion. Consequently, it is Client’s responsibility to check and read the actual version of the Terms available on the Platform.
ANY USE OR ACCESS TO THE PLATFORM AND/OR ONLINE FEATURES AND CONTENT PROVIDED ON OR THROUGH THE PLATFORM IS SUBJECT TO THE TERMS HEREOF. CLIENT SHALL CAREFULLY READ THE TERMS BEFORE USING THE PLATFORM AND/OR CREATING A PERSONAL ONLINE ACCOUNT THERETO. SHOULD CLIENT NOT AGREEING TO THE TERMS HEREOF CLIENT SHALL NOT USE OR ACCESS THE PLATFORM. CLIENT ACKNOWLEDGES THAT ANY USE OF THE PLATFORM SHALL IMPLY CLIENT’S CONSENT WITHOUT LIMITATION NOR RESERVATION TO THE TERMS HEREOF.
Article 2: General Information
All Providers are “professionnals” under the meaning of the French Consumer Code (e.g.: coaches, specialized structures, instructors, mountain guides, etc.).
By using the Platform, Client is informed that UMF through the Platform only acts as a booking/sales intermediary between on the one hand the Client, and on the other hand the relevant professional (the “Provider”). offering its services (the “Activities”) to Client through the Platform Client is informed that UMF is not, will not act, and shall not be regarded for the purposes hereof as, an agence de voyages under the meaning of articles L. 211-18 and R. 211-20 to R. 211-41 of the French Tourism Code.
UMF offers, through the Platform, a technical service linking Clients and Providers. This technical service includes displaying of Activities offered for sale, handling reservations, payments, refunds/cancellations – on behalf of Providers.
Activities sold by Providers to Client through the Platform are sport/outdoor and alpine activities (e.g.: ski, rock-climbing, hiking, canyoning, rafting, mountaineering, paragliding, etc.). While booking an Activity, Client is informed he/she will be entering into a service agreement whatever its form and support with the relevant Provider, whereby Provider agrees to provide the Client with training and monitoring services, as well as other relevant services related to the Activity.
Clients hereby declares and warrants UMF that he will strictly follow the instructions of the Provider and/or its members or employees such as activity leaders, guides, instructors and assistants.
Without prejudice to the Provider’s own terms and conditions, if such Provider’s requirements are not met or if instructions are disregarded by Client, the Provider and/or its members or employees reserve, under its sole responsibility, the right to prevent, at any time, such Client from participating to the Activity. In such a case, no refund will be granted to such Client by UMF.
Client is informed that the content, features, nature, or price of any Activity is determined solely by the relevant Provider under its sole discretion.
Client is informed that any booked Activity remains subject to confirmation by the activity Provider. Upon receipt of such confirmation, UMF will notify the Client by email. If, for unforeseeable reasons as at the date on which the booking is made by the Client, a Provider is not available to handle the booked Activity, UMF reserves the right to suggest an alternative Provider offering the same Activity for sale through the Platform, or suggest an alternative time slot with the initially selected Provider. In such a case, UMF will not refund Client or provide him/her with a credit note unless no reasonable alternative option is available to the Client. If no reasonable alternative option is available, a credit note will be issued which can be used for other activities on the platform.
Client is informed that the delivery of some Activities are subject to minimum number of participants. In the event that minimum numbers are not reached for a booked time slot, the Client will be offered the choice of (i) changing to another time slot that has enough participants for such Activity to be performed, (ii) as applicable depending on the relevant Provider’s terms and conditions, pursuing the Activity at the initially selected time slot, in which case Client may be charged with a supplement price to cover the relevant Provider’s unforeseen costs, (iii) being provided with a credit note for the monies paid to date to be re-used for a different Activity offered for sale on the Platform, or (iv) or a 100% refund.
Article 3: Booking Fee / Payment
Booking price to be paid by Client is comprised of the price of the Activity as set by the relevant Provider, and the Platform’s booking fee.
Platform’s booking fee is 5% of the price of the Activity as set by the relevant Provider.
Payment of a selected Activity by Client occurs as follows:
Once Client have booked an Activity hence accepted the Terms, payment will be processed, and Client’s Activity booking confirmation will be notified to Client. Main features of such Activity including but not limited to, site location, activity time and duration will be made available on the Platform and a link to the relevant information will be emailed to Client in the confirmation email.
No Activity, whether single or not (holiday package) may be confirmed by Provider until full payment has been received.
UMF accepts the following payment means: cheque vacances, bank transfer, debit/credit card.
Client will be charged the full amount at the time of booking on the Platform. Client’s payment includes the Activity price which covers the cost of the Activity and a Platform booking fee which covers the administration of the reservation, card processing fees and the administration of the Platform.
UMF use Stripe payment gateway (https://stripe.com/fr) to process Client’s payments. UMF, the Platform, as well as any members or subsidiaries thereof, do not store or retain Client’s payment or credit card details. Payment is handled securely by Stripe.
Article 4: Cancellation / Refund Policy
AS A GENERAL STATEMENT, AND FOR THE AVOIDANCE OF DOUBT TO THE EXTENT PERMITTED BY LAW, CLIENT IS INFORMED THAT ALL REFUNDS AND CREDIT NOTES WHATSOEVER GRANTED OR ISSUED BY UMF IN ACCORDANCE WITH THE TERMS, DO NOT INCLUDE THE PLATFORM’S 5% BOOKING FEE THAT REMAINS DUE IN ANY CASE BY CLIENT AND NON-REFUNDABLE.
ANY REFERENCE HEREOF TO “BOOKED PRICE” SHALL BE CONSTRUED IN ALL CASES AS EXCLUDING THE PLATFORM’S BOOKING FEE THEREFROM.
ALL REFUNDS AND CREDIT-NOTES WILL BE ISSUED OR GRANTED BY UMF ACTING IN THE NAME AND ON BEHALF OF THE RELEVANT PROVIDER.
ANY CREDIT NOTE WILL BE VALID FOR A LIMITED PERIOD OF 12 MONTHS FROM THE INITIAL BOOKING DATE.
Cancellation by Provider
A Provider may, under its sole responsibility and at any time, cancel or alter Activities due to, notably, insufficient numbers of Clients, maintenance, or operational reasons, on grounds of health and safety or due to inappropriate climatic conditions.
Notification of such cancellation or alteration will be made by UMF to the Client by email, it being specified that UMF will always act in the name in the name and on behalf of the relevant Provider. As a result, to the extent permitted by law, Client waives any action or liability claim against UMF resulting from, directly or indirectly, such Provider’s cancellation or alteration.
In such a case, Client will be offered the choice of a 100% refund, being granted with a credit note that can be used for the purposes of booking any other Activity on the Platform (such credit note being of the same amount than the initial price paid by the Client for the relevant cancelled or altered Activity), or rescheduling the Activity to an alternative time or alternative Activity with no guarantee from UMF that the price of such alternative Activity will be the same than the price of the initial Activity. As applicable, any additional costs of such alternative Activity (as applicable, allocated among the members of the party attending the Activity) shall be borne by Client.
Without prejudice of the foregoing, and to the extent permitted by law, UMF does not accept responsibility for other Client’s expenses, including but not limited to travel expenses and accommodation, incurred by Client in relation to Client’s participating in the cancelled or altered Activity.
Cancellation by Client
In the event Client cancels an Activity after UMF has notified Client of such Activity booking confirmation, for whatever reason including with respect to, or in connection with, an Activity Change, a cancellation fee will be charged by UMF as stated below.
As a validity condition, Activity cancellation by Client shall only be made by email at the following address : email@example.com
The date of cancellation will be the date on which the written notice of cancellation sent by email by Client to UMF is received by UMF.
The time period remaining between the day after the day on which such cancellation notice is received and the date on which the relevant Activity is planned to start or take place (included) will be used to determine the cancellation charge as follows :
For single activities :
- Up to 14 calendar days before the Activity date : no cancellation charge / refund or issuance of a credit note, at Client’s option, equal to 100% of the booking price paid by Client ;
- Less than 14 calendar days before the Activity date : cancellation charge equal to 100% of the booking price paid by Client (no refund or issuance of a credit note);
For non-single activities (holiday packages – including either transport, accommodation, food or another tourist service in addition to the activity):
- more than 42 calendar days before the Activity date: cancellation charge equal to 25% of the booking price paid by Client / refund or issuance of a credit note, at Client’s option, equal to 75% of the booking price paid by Client;
- between 42 (included) and 29 (included) calendar days before the Activity date : cancellation charge equal to 45% of the booking price paid by Client / refund or issuance of a credit note, at Client’s option, equal to 55% of the booking price paid by Client;
- between 28 (included) and 15 (included) calendar days before the Activity date : cancellation charge equal to 60% of the booking price paid by Client / refund or issuance of a credit note, at Client’s option, equal to 40% of the booking price paid by Client;
- less than 14 calendar days before the Activity date: cancellation charge equal to 100% of the booking price paid by Client (no refund or issuance of a credit note).
Article 5: Platform's Purpose / Intermediation Services:
Client is informed that the Terms solely apply to the use and access, including selection of offers, booking and payment steps, of the Platform, excluding all other purpose including but not limited to, contractual relationship between Client and the relevant Provider.
Client is informed that, as from the date and time the booking is confirmed by UMF, Provider’s own terms and conditions, if any, will apply. It is Client’s own responsibility to ask for being provided with the relevant Provider’s terms and conditions from such Provider.
In the event of Provider’s liability being sought by any Client for whatever reason, Client is informed that UMF shall not be regarded as jointly liable with Provider for Provider’s actions, including but not limited to, Provider’s defaults, negligence, or non-performance.
Consequently, to the extent permitted by law, Client hereby waives any action or claim against UMF deriving from, or otherwise linked to, Provider’s actions, which shall exclusively be dealt with in regards of Provider’s terms and conditions and applicable law.
Article 6: Referencing, De-referencing, and Sorting out Terms
Client is informed that the Platforms uses referencing services.
Sorting out of the Activities offered to sale as displayed on the Platform at any time is made based on the following criteria: Snow | Non-Snow / Summer activities | Activity Categories (eg, canyoning , mountaineering)
For the purposes of being selected and have the relevant Activities offered for sale onto the Platform, all Providers have entered into a contractual relationship with UMF, providing for the terms and conditions Providers’ and UMF’s respective rights and obligations in the context of the operation of the Platform. Client is informed that UMF’s booking fee is the same for all Providers, therefore referencing, dereferencing or sorting out of the Activities on the Platform is not related to or deriving from any differences in UMF’s pricing conditions with Providers.
Article 7: Client's Comments
UMF has implemented an assessment system allowing Clients to assess Providers and the Activities they propose.
In order to publish an assessment or opinion regarding a Provider or an Activity, each Client must be an adult, have a Client’s account on the Platform, and have effectively reserved and performed an Activity with such Provider.
The rating shall be on a scale from 1 to 5 stars.
Clients may also enter comments online as part of this assessment. Client assessments shall be under the Client’s sole responsibility, and UMF will assume no liability in this regard.
Clients shall comply with applicable regulations and, in particular, objectively comment and assess the Activities and Providers and not express defamatory, harmful, or dishonest remarks regarding the Activities or Providers.
Moreover, assessments must be intelligible, exclusively cover the Activity being assessed, and the text content may not contain personal information (such as first and last names of individuals, telephone numbers, addresses), financial information, links to other web sites, or any content that may give rise to a conflict of interest.
Moreover, Clients shall refrain from including any elements of a political or religious nature, or with sexual connotation in their assessments.
UMF moderates Clients’ assessments with the goal of ensuring compliance herewith. To this end, each assessment may be subject to ex-ante moderation. UMF hereby reserves the right to contact a Client if verification of an assessment is needed.
Clients or Providers may request moderation of an online assessment by writing to: XXX and explaining the reasons for the request.
UMF reserves the right to delete any comment not in compliance with the above principles. In cases of repeated breach of the principles mentioned above, and after applying the procedures applicable to such breaches, UMF may suspend or terminate the account of any Client committing such repeated breaches.
It is hereby specified that Providers shall enjoy a right of response which must be sent to the following address: XXX within a maximum of three months from the initial assessment publication date. UMF shall ensure the response’s compliance herewith and all the points mentioned above before publishing it.
Article 8: Platform Access by Clients
Clients shall be personally responsible for implementing the computer and telecommunications resources providing for accessing the Platform and the knowledge required for using the Internet and accessing and using the Platform. Users shall remain responsible for their connection and equipment fees related to Internet access as well as using the Platform.
Clients wishing to reserve an Activity must create a Client account or log in to their account if it has already been created. Account access is accomplished using a user login and password.
Moreover, Clients are hereby informed and accept that operating the Platform require that UMF perform technical servicing, in particular as part of maintenance operations. As such, the Platform and and the service may be temporarily suspended, in particular in cases of system breakdowns, maintenance, repairs, or updates.
UMF shall not be held liable for any damage Clients may incur due to using the Platform or the service and, in particular, any damage resulting from the Platform’s unavailability and, in particular, technical issues.
Clients shall be solely responsible for the use of their user login and password. All access to a Client account using the abovementioned user login and password shall be deemed, irrefutably, to have been performed by the Client, as well as any modification or operation conducted on the Client account following entry of said user name and password.
Article 9: Links
Any creation of links to the Platform, framing the Platform, and more generally any use of a component element of the Platform shall be subject to prior written consent from the UMF and may be revoked at any time at UMF’s sole discretion.
UMF reserves the right to (i) request deletion of any link to the Platform that has not been or is no longer authorized and (ii) request damages as remedy for the prejudice incurred there from.
The Platform may contain links directing to other Internet sites or other Internet sources. In so far as UMF cannot control such sites or external sources, UMF shall not be held liable for making these sites and sources available, and shall not be held liable for the operation, content, advertisements, products, services, or any other information or data available on or from such sites or external sources.
Establishing such links shall not imply that UMF sponsors or recommends the linked site in question or that UMF is affiliated therewith.
Moreover, UMF shall not be held liable for any damage or loss, actual or alleged, following or in relation to using or the act of trusting the content, the goods, or services available on such sites or external sources.
Article 10: Client's Representations
When creating a Client’s account on the Platform, Client hereby represents and warrants that any data or information required from Client by UMF in the context of the creation of Client’s account, booking or payment for any Activity, is in all respects true correct complete and accurate.
By selecting and confirming the booking and payment of any Provider’s Activity displayed on the Platform, Client confirms without limitation nor reservation that, at the time on which the relevant Activity is booked, Client complies with any specific requirement, as indicated by the relevant Provider for the relevant Activity and published on the Platform (e.g.: age, weight, height, abilities, etc.).
Client hereby represents and warrants that, pursuant to its own legal regime and pursuant to French law, he/she has full legal capacity, power, and authority to use and access the Platform, agree the Terms hereof and proceed with the payment through the Platform without infringing any legal, regulatory, judiciary, contractual or other third parties’ rights or obligations.
In the event of the Client using the Platform and booking an Activity on behalf of several individuals, whether or not the Client is comprised within those individuals, Client hereby represents and warrants that, acting on behalf of the relevant individuals, each individual accepts the Terms and agrees to be legally bound by the terms thereof, without any limitation nor reservation, as if he/she was the Client himself/herself.
In the event of the Client booking an Activity on behalf of individuals aged less than 16 years as of the starting date of the Activity, Client shall, under its sole responsibility make sure that written parental consent forms for such individuals are completed prior to attending the Activity. Copies of such parental consent forms may be requested by the relevant Provider at its sole discretion and under its sole responsibility. In the event of any relevant individual failing to provide the Provider with a copy of the completed parental consent form upon request, Provider may decide, under its sole discretion, to prevent the relevant individual from attending the Activity. In such a case, no refund or credit note will be issued by UMF to Client as a result therefrom.
Article 11: Outdoor Activities / Natural Changes
In addition UMF shall not be held liable for any claim or action by a Client which may be resulting from, or based on, directly or indirectly, weather change or other natural changes including but not limited to, snow conditions, temperature conditions, rain conditions, rock conditions, river conditions, as well as changes impairing in whole or in part, the ways of access to the relevant site where the Activity is meant to take place or be performed. For the avoidance of the doubt, such changes also include legal restrictions of access or performance of such Activity for whatever reason regardless of the legal nature of such restriction (e.g. : restrictive order, property rights, local or national order, judicial order, etc.) (together, the “Natural Changes”).
In the event of the performance of an Activity being impaired by a Natural Change, upon prior instruction from the relevant Provider, UMF will notify to the extent possible the Client of the occurrence of such Natural Change, and will make its best efforts to suggest an alternative Activity to Client, subject to Client’s approval.
Since each Activity and each Provider may be different from another, Client is informed that UMF does not represent and warrant that the applicable price for such alternative Activity will be identical to the initially selected Activity. In such context, if Client approves such alternative Activity, the initial Activity booking will be cancelled without any additional fee for the Client, and Client shall assume any applicable price difference between the initial Activity price and the alternative Activity price.
Article 12: Activity Changes
Under Provider’s sole responsibility, Provider may decide, acting in the Client’s best interest, to reasonably alter the features of a booked Activity. In particular, Provider reserves the right to alter or change an Activity itinerary or location at short notice, under such Provider’s sole responsibility and at its sole discretion.
Consequently, Client is informed, and agrees that such changes may result in an change in the itinerary or Activity location notably due to unforeseen circumstances, such as water levels, snow cover or other climatic or operational reasons (hereinafter an “Activity Change”).
“Reasonable” alteration are, without limitation and for illustration purposes only, changes of location within a 30 km radius from the initial Activity location, changes of starting date if the final starting date is set within a 2-hour period before or after the initial starting date, changes in Activity duration if the final Activity duration is 30% longer or shorter than the initial duration.
Acting in the name and on behalf of the relevant Provider, UMF will inform as soon as possible the Client of any such Activity changes.
Article 13: Image Rights
Client is informed, and agrees, that, unless Client expressly notifies UMF and/or the Providers of his/her refusal, UMF and/or the Providers may use images or video of any Clients participating in the Activities for any lawful purpose, including for example such purposes as publicity, illustration, advertising, and web content.
Consequently, Client hereby irrevocably cedes to UMF the right to reproduction, representation, transmission, translation, distribution, use, and where appropriate modification and translation rights for media of all types, without limitation nor reservation to the extent permitted by law, his/her image for the purposes referred to above. Said rights shall be ceded without valuable consideration, for the entire world and for the duration of the relevant content’s protection by intellectual property laws and authorize publication online by means of any technical process, known or future.
Article 14: Severability
Should one or more provisions herein be held invalid by a law or regulation or found to be so by a final decision from a competent jurisdiction, they shall be deemed unwritten; the other provisions hereof shall retain their full force and scope.
The fact that one of the parties has not demanded application of a given clause, whether permanently or temporarily, shall not, under any circumstances, be deemed as renunciation of said party’s rights resulting from said clause.
Article 15: Jurisdiction / Applicable Law
In the event of a complaint, Client must report it to UMF in writing not more than 24 hours after the date on which Client is made reasonably aware of the existence of the alleged grounds for such complaint. Client shall make its best efforts to describe precisely and clearly the alleged grounds and actual context of such complaint.
Upon reasonable time after receipt of the complaint, UMF will make its best efforts to solve the alleged complaint in the Client’s best interest.
If any complaint is not resolved to Client’s satisfaction, Client shall refer the incident in writing to UMF’s registered seat address for further investigation, marking the envelope “FAO Customer Services”.
The Terms are governed solely by and under French applicable law, as amended from time to time. To the extent permitted by applicable law, any dispute relating to the Terms, their performance, enforceability, interpretation, or alleged non-performance, will be brought before the Tribunal Judiciaire of GAP (05000), FRANCE.