These General Conditions apply to the sale of Mid-Mountain Accompaniment Activity(ies) by Le ValOmbre, domiciled at 736 Chemin du Grand Logis in 38380 Saint-Pierre-de-Chartreuse – France, SARL declared under SIRET number 50487268000013, [email protected], www.le-valombre.fr, hereinafter Le ValOmbre, for the benefit of any natural or legal person, hereinafter the Participant(s) / Client(s), on the ValOmbre website: www.le-valombre.fr

The Activity sold is supervised by:
o A Mountain Guide, holder of a State Diploma of Sports Educator,
o Or a Mountain Guide Intern, State Diploma of Sports Educator Intern.
Hereinafter the Supervisor, who exercises his activity within ValOmbre.
The purchase of an Activity sold by ValOmbre implies knowledge and pure and simple acceptance of these general conditions of sale.

Definition of the Service
ValOmbre ensures the promotion and resale of the Activities, and collects payments in the name and on behalf of ValOmbre.
The Supervisor provides a service of supervision, animation, teaching and safety training, and exercises his prerogatives in compliance with the decree of December 19, 2023 relating to the specific training of the State diploma of mountaineering - mid-mountain guide.
The Mountain Guide Supervisor provides a service of supervision, driving, animation, teaching and training in the safety of individuals or groups in the mid-mountains, excluding glacial areas and areas of rocks, canyons, terrain requiring the use of mountaineering equipment or techniques for progression and exercises the prerogatives in compliance with the decree of December 19, 2023 relating to the specific training of the State diploma of mountaineering - mid-mountain guide.

Sale of the Activity - Reservation
The exchange of pre-contractual information and/or the provision of contractual conditions are carried out in writing. They can be done electronically under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code.
The Activity is sold as soon as the parties, ValOmbre and Client(s), have agreed on the main characteristics and the price of the service.
The contract is composed of two parts applicable in the event of contradictions in the following order: the individual agreements between ValOmbre and the Client, and these general conditions.
The registration request is made directly to ValOmbre, via its website and mentions the name, first name, address, and contact details of the Client.
ValOmbre offers the Client a registration form which includes the main characteristics and the price of the Activity.
Registration is effective after the Client has completed the form and paid the full price of the Activity, and ValOmbre has acknowledged receipt.
In the absence of an acknowledgement of receipt from ValOmbre within 3 days, the registration will be deemed not validated, ValOmbre however retaining the possibility of confirming this registration after this period and up to the day of the Activity.
In the event of a sale concluded remotely with online payment:
ValOmbre sets out the steps to follow for the conclusion of the contract and the means allowing the Customer to identify possible errors:
1/ The Customer checks the details of the order and its total price;
2/ He confirms his order;
3/ ValOmbre acknowledges receipt of the order and provides the Customer with confirmation of the contract.
The Customer is informed that in accordance with the provisions of Article L. 221-28 of the Consumer Code, registration for an Activity is firm and final and that he does not benefit from a right of withdrawal.

Rates – Additional costs – Payment terms – Complaints
The rate corresponds to the fees of the Supervisor as well as the operating costs of ValOmbre. It relates only to the supervision service of the Activity to the exclusion of any other service. It is understood to be all-inclusive.
The rate takes into account the customs and traditions of the profession, the number of participants and their technical and physical level, and the characteristics of the objective pursued (technical difficulty, difference in altitude, commitment, etc.).
ValOmbre applies either a basic daily rate, variable according to the season, or a rate defined according to the objective pursued.
The rate communicated is deemed to correspond to the rate of the Activity owed by each of the Participants, unless ValOmbre has specified that it is an overall rate of the Activity to be shared between all the Participants.
Any additional costs incurred by the Activity (transport, ski lifts, drinks, food, etc.) are ordered, taken care of and paid directly by the Client(s), including those of the Supervisor.
Payment terms: The price of the Activity is to be paid by credit card or on request by transfer.
Complaint: Any complaint must be sent by registered letter with acknowledgment of receipt to the ValOmbre address, no later than one month after the occurrence of the event giving rise to the request.
Gift voucher: The gift voucher is valid for 1 year from the date of purchase. After the validity period, the service will be considered as performed and cannot be postponed. The beneficiary and/or the buyer will not be able to claim any reimbursement or compensation.

Modification or cancellation of the Activity
Mountain activities are subject to hazards related to weather, snow and terrain conditions, attendance, as well as the experience, technical abilities and physical condition of the participants.
To ensure the safety of property and people, the proposed Activity may be cancelled or modified by ValOmbre at any time before, at the beginning, or during its implementation.
• In the event of modification of the Activity by ValOmbre or the Supervisor before or during the Activity, the price of the alternative itinerary will be applied at the level of customs and traditions, without being able to be lower than the basic daily rate of ValOmbre and without the Client being able to claim any compensation.
• In the event of modification of the Activity due to the Client, in particular due to insufficient physical or technical prerequisites declared, the price of the initial objective may be applied in its entirety.
• In the absence of force majeure: ValOmbre will apply a deduction equal to 50% of the price paid.
• Failure to appear on the day scheduled for the Activity, and/or the Participant(s) for whom the Activity was booked and the Contract concluded, is treated as a last-minute cancellation by the Client and will not give rise to a refund.
• For groups with reservations based on a quote, the deposit will be retained in the event of cancellation.
• In the event of cancellation of the Activity by ValOmbre or the Supervisor prior to the Activity, priority is given to postponing the Activity. In the event of refusal, the full price will be refunded to the Client(s), after deduction of any sums already incurred by ValOmbre or the Supervisor for the Activity (booking or travel costs not exceeding 25% of the overall price, etc.).
If the minimum number of participants set is not reached for the realization of a collectively organized Activity, ValOmbre or the Supervisor may decide not to carry out the Activity. In this case, the sums paid by the Client(s) will be refunded.
• In the event of cancellation of the Activity by the Client(s):
– Up to 30 days before the start of the Activity: the full price will be refunded, except for sums already committed or advanced.
– From 30 days to 15 days before the start of the Activity: 25% of the price is due except for medical reasons upon presentation of a medical certificate.
– From 14 days to 8 days before the start of the Activity: 50% of the price is due except for medical reasons upon presentation of a medical certificate.
– 7 days before the start of the Activity: the full amount (100%) of the rate is due except for medical reasons upon presentation of a medical certificate.

Technical and physical prerequisites – health
Technical, physical or experience prerequisites may condition the Client’s access to the Activity.
The Client who wrongly declares to respect these prerequisites, and who has a technical, physical or experience level lower than that declared, is entirely responsible for the consequences of all types that could result.
In particular, the Client must declare to ValOmbre and the Supervisor any health problem, medical history, one-off or long-term treatment, allergy

Organization of the Activity
Schedules: For the smooth running of the Activity, the Client agrees to punctually respect the appointment times communicated.
Failure by the Client to respect the appointment times may result in the Activity being modified.
Number of participants: A maximum number of participants may be set for each Activity in light of customs and traditions, the physical and technical level of the participants, and the weather and terrain conditions.
In the event of an Activity organized collectively, a minimum number of participants may be set, as well as the date from which an insufficient number of registrants does not allow it to be carried out.

Material & Equipment
The Client is informed that he is solely responsible for his equipment and any damage that may result for him or for a third party.
In the event of doubts as to the obsolescence or unsuitability of his individual equipment, in view of the recommended equipment and materials, it is his responsibility to refer the matter to ValOmbre and the Supervisor. Otherwise, in the event of inappropriate equipment or material for the Activity on the day, the Supervisor may decide to cancel the activity, to prudently and diligently ensure the safety of the Participant, with the full price remaining due.

Responsibilities – Specific environment
The Activities take place in a specific environment (mountain, snowy environments) which involve objective and random natural risks (rockfalls, avalanches, etc.). The presence of the Supervisor does not eliminate these natural risks. The Participant is aware of the dangers to which he is exposed.
The Supervisor is subject to an obligation of safety of means and not of result. He implements all the means at his disposal, including renunciation, to prudently and diligently ensure the safety of the Participant, who retains 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 that arise from common sense, as well as those transmitted by the Supervisor.
It is recalled that any activity other than hiking that the Practitioner may be required to practice during the outing (cycling, swimming, picking, paragliding, etc.), is practiced under the exclusive personal responsibility of the Practitioner, the responsibility of the mid-mountain guide cannot be engaged in any way as a result.

Insurance and Rescue
The ValOmbre Supervisors benefit from professional civil liability insurance in France and throughout the world which covers damage resulting from their actions as a professional, including search, rescue and repatriation costs.
This insurance does not replace the individual civil liability of the Client for damage that he or she may cause to himself or to third parties, or that results from an external natural phenomenon.
It is up to the Client(s) to ensure
- in Civil Liability
- to take out individual accident insurance covering mountain sports. The Supervisor informs the Client that he/she has the option of taking out annual or daily insurance, it being specified that it is up to the Client to ensure that the required guarantees are actually covered. Check your insurance contracts. Some possibilities: the French Mountain Climbing Federation license, the French Alpine Club license, private insurance.

Image rights
The Client authorizes ValOmbre and the Supervisor to use without limitation for promotional and commercial purposes, by way of reproduction, representation, projection and adaptation, the images (photos and videos) taken during the supervised Activity, unless expressly indicated otherwise by the Client, notified before the start of the Activity.
The parents of the minor Client grant ValOmbre and the Supervisor authorization to use the images of the minor Client under the same conditions.

Dispute resolution and applicable law
In the event of a dispute, the customer must send a registered letter to ValOmbre or the Supervisor to set out their complaint and encourage an amicable settlement. ValOmbre or the Supervisor has two (2) months to respond, and if there is no response or if the response does not suit the customer, the latter may, in accordance with Article L.612-1 of the Consumer Code, contact the Consumer Mediator. The MCP MEDIATION mediator can be contacted directly online at the following address: www.mcpmediation.org or by mail MÉDIATION DE LA CONSOMMATION & PATRIMOINE - 12 Square Desnouettes - 75015 PARIS.
The reference language for the settlement of any disputes is French. All disputes will fall under the jurisdiction of the courts on which ValOmbre's head office depends.

Processing of personal data
The information collected in the registration form is recorded in a computer file. The data collected will not be communicated to third parties and will be kept for five years.
You can access the data concerning you, rectify it, request its deletion, exercise your right to limit the processing of your data, or ask any other question, by contacting Raphaël MARCELPOIL at the following email address: [email protected].
If you believe, after contacting us, that your “Data Protection” rights have not been respected, you can consult the cnil.fr website or send a complaint to the CNIL.