Special Terms and Conditions of Sale tourist packages and services

1.1 – General provisions

Booking any of the tourist services (accommodation, transport, holidays, guided tours, ticketing, etc.) offered by the Pays d’Evian-Vallée d’Abondance Tourist Office implies unreserved acceptance of the provisions of our Special Terms and Conditions of Sale (STCS).

1.2 – Formation of the contract

Apart from via the website, all booking requests must be made in writing to the Pays d’Evian-Vallée d’Abondance Tourist Office, either in person or by email to [email protected], or by post to the Pays d’Evian-Vallée d’Abondance Tourist Office, 265 route du stade, 74500 Féternes.

Any booking shall only be considered final from:
– on the one hand, upon receipt of the completed, dated and signed contract or proposal, or upon validation of the booking form via our website through the online registration process, subject to confirmation by the tourist office, taking into account technical feasibility, availability and, where applicable, a minimum number of participants. The provisions of the contract or proposal relating to the customer’s specific requests shall take precedence over those set out in these General Terms and Conditions, without prejudice to the applicable legislation.
– and, secondly, upon receipt of the balance.

As all services sold by the Pays d’Evian-Vallée d’Abondance Tourist Office are of a time-limited nature, they may under no circumstances be extended beyond the service’s expiry date.
The customer must arrive on the specified day and at the times stated on the booking contract, bearing the voucher.

In exceptional circumstances, we may be obliged to cancel a tour if the minimum number of participants is not reached. You will be notified of this decision in accordance with the terms of clause 6.2 of these General Terms and Conditions. In the event of cancellation by the tourist office, your payments will be refunded in full, without any further compensation. All costs incurred by the customer remain at their own expense.

2.1 – For holidays including accommodation

Accommodation services, whether or not included in a package, are calculated on the basis of the number of nights (overnight stays). Prices include the room hire and, where applicable in accordance with the terms of the contract, breakfast, half-board or full board. The services included in the package are specified on the product page of our website or in our various brochures for each service. Unless otherwise stated in the contract, they do not include drinks with meals or any other possible supplements. When a guest occupies a room intended for two people on their own, they will be charged a supplement known as the ‘single room supplement’.

When booking accommodation, we strongly advise you to inform the accommodation provider directly of your arrival time, as some establishments do not have a night reception.

2.2 – For coach journeys

Passengers must follow the driver’s instructions and guidelines and comply with the rules in force, in particular by fastening their seatbelts, not smoking or vaping, not blocking the aisle, not distracting the driver, and asking the driver’s permission before speaking to them. Passengers must also adhere to the timetable at the start of the journey, as well as after each break.

2.3 – Booking guided tours

For all guided tours, the tour may be cancelled by the tourist office due to adverse weather conditions or in cases of force majeure as referred to in Article 6.3 of these General Terms and Conditions – in which case the amount paid will be refunded to you, without this entitling you to any compensation.

Each participant must comply with the rules on safety, caution, the handling of equipment, routes and movement, and must follow the instructions and advice of the guide and/or the service provider throughout the tour. Children remain the sole responsibility of their parents, guardians, teachers or those in charge of them. As the tours are on foot, participants must wear suitable footwear and clothing appropriate to the day’s weather conditions.

Customers must ensure they have the physical and mental capacity to take part in the tours, some of which involve challenges or specific features (stairs, distances, heights, slippery surfaces, etc.). If you have any doubts about your ability to take part, we recommend that you contact the Pays d’Evian-Vallée d’Abondance Tourist Office in advance to obtain further information on the services available to suit your needs.

The customer must arrive on the specified day at the times and locations stated in the contract.

2.4 – For activities involving the consumption of food or drink

For packages comprising, in particular, food and drink products, customers with food allergies or intolerances must inform the tourist office and/or the service provider before consumption.

For packages involving, in particular, alcoholic drinks, please note that ‘Excessive alcohol consumption is harmful to health’ and that the tourist office and/or the service provider concerned may restrict or prohibit the consumption of alcohol depending on the circumstances.

The 14-day right of withdrawal does not apply to package holidays and other tourist and leisure travel services not included in a package (tickets, guided tours, etc.) which are provided on a specific date or during a specific period in accordance with Article L221-28 of the Consumer Code.

All prices are shown in euros and include VAT, or are subject to the special VAT regime for travel agencies, or are exclusive of VAT.

Unless otherwise specified in the description of a service confirmed in the contract, the following are not included in the price: personal expenses, insurance, optional services not included in the service description and, where applicable, tourist tax.

All bookings are subject to payment of the full amount for the service or the payment of a deposit and the balance … days before the start of the service, depending on the type of service booked, as indicated in our promotional materials and in the contract. For services where a deposit and the balance are payable less than … days before the start of the service, the full amount must be paid at the time of booking.

Payment must be made:
– In cash: in euros only, at tourist information offices, subject to the limits set out in Articles L112-6 and D112-3 of the Monetary and Financial Code,
– By bank or postal cheque: made payable to the Public Treasury, and, where applicable, proof of identity must be provided by presenting a national identity card or passport.
– By bank transfer using the IBAN (see invoice and/or contract),
– By credit or debit card: at tourist information offices and on the website via the secure ‘Open System’, which is fully encrypted and protected so that no third party can access the information whilst it is being transmitted over the network. The protocol used is SSL combined with electronic payment systems.
– By holiday vouchers: payment can be made using holiday vouchers, either in part or in full. No change will be given on holiday vouchers.
The Pays d’Evian-Vallée d’Abondance Tourist Office will send an invoice to the customer once the booking has been fully confirmed.

Once the booking has been confirmed, the tourist office will send the customer the various vouchers to be presented when visiting each service provider.

6.1 – By the customer: groups, individuals and groups comprising individuals

In accordance with Article L. 211-14, I of the Tourism Code, the customer may terminate the contract at any time prior to the start of the service, provided that the following procedure and refund conditions are observed:
– Any partial or total cancellation must be notified by email to [email protected] or by registered letter with acknowledgement of receipt to: Pays d’Evian-Vallée d’Abondance Tourist Office, 265 route du stade, 74500 Féternes.
– For the cancellation of individual tourist services and package deals, cancellation fees are set as follows, unless otherwise specified in the contract:
– 30 days before the start of the stay, the customer will be refunded in full the sums paid,
– between the 30th and the 21st day inclusive before the start of the stay: 25 per cent of the price of the service will be retained,
– between the 20th and the 8th day inclusive before the start of the stay: 50 per cent of the price of the service will be retained,
– between the 7th and the 2nd day inclusive before the start of the stay: 75 per cent of the price of the service will be retained,
– less than 2 days before the start of the stay: 100 per cent of the price of the service will be retained,
– in the event of a no-show or late arrival (see ‘Late arrival’), no refund will be made (see ‘Insurance’).

In the event of the customer cutting short their stay, no refund will be made.

A partial cancellation refers to the reduction of one of the components of the service. The pro rata rule will be applied in accordance with the compensation terms set out above.

These provisions do not apply where an amicable agreement is reached between the tourist office and the customer.

 6.2 – Due to the nature of the organisation

In accordance with Article L. 211-14, III of the Tourism Code, the tourist office may terminate the contract and refund the customer in full for any payments made, without any further compensation being due, if:
1. The number of people booked onto the tourist service or package is fewer than the minimum number specified in the contract, and the tourist office notifies the customer of the termination of the contract within the time limit set out in the contract, and no later than:
• 20 days before the start of the service if its duration exceeds 6 days,
• 7 days before the start of the service if its duration is between 2 and 6 days,
• 48 hours before the start of the service if its duration is less than 2 days.
2. Other cases of cancellation by the tourist office
Where, prior to the start of the service, the tourist office cancels the service, the customer shall, without prejudice to any claims for compensation for any loss suffered, be reimbursed immediately and without penalty for the sum paid. They shall also receive compensation at least equal to the penalty they would have incurred had the cancellation been made by them on that date. These provisions shall not apply where an amicable agreement has been reached whereby the customer accepts an alternative service proposed by the tourist office.

6.3 – Force majeure

The customer and the tourist office are entitled to terminate the contract before the service commences without incurring any termination fees where a cancellation or amendment is necessitated by a force majeure event, such as – by way of example but not limited to – the occurrence of a natural disaster, an armed conflict, a labour dispute, a mandatory order from the public authorities, a disruption to transport, an operational accident – that is to say, the occurrence of an unforeseeable event, beyond one’s control and which is impossible to overcome despite efforts to resist it.

The party invoking force majeure in relation to any of the aforementioned events must notify the other party by any means in a clear, comprehensible and unambiguous manner on a durable medium as soon as possible. The parties may consult with one another, as far as possible before the service is to be provided, to examine in good faith whether the contract should continue or be terminated. The party adversely affected by the non-performance of the obligation prevented by the event in question shall be entitled to cancel the service without notice. Pursuant to Article 1218 of the Civil Code, no damages shall be payable.

6.4 – Refunds for cancellations 

Unless the tourist office and the customer have agreed to postpone the service, in the event of cancellation and in accordance with the terms of Article R221-10 of the Tourism Code, the Pays d’Evia-Vallée d’’Abondance will make the refunds required under paragraphs II and III of Article L. 211-14 or, pursuant to paragraph I of Article L. 211-14, refund all payments made by the traveller or on their behalf, less the appropriate cancellation fees. These refunds to the traveller shall be made as soon as possible and, in any event, no later than fourteen days after the termination of the contract.

7.1 – Changes requested by the customer

Any request for changes prior to the start of the service must be sent by email to [email protected]. Any changes must be agreed in advance by the tourist office. As each request is dealt with on a case-by-case basis, the tourist office is available to the customer to consider any contractual changes or requests for additional services.

7.2 – Changes made by the tourist office

In accordance with Article L211-13 of the Tourism Code, the Pays d’Evian-Vallée d’Abondance Tourist Office may, prior to the start of the service, unilaterally amend the terms of the contract other than the price, in accordance with Article L211-12 of the Tourism Code. A unilateral amendment by the tourist office shall be permissible without objection from the customer if it is minor, provided for in the contract (weather conditions, number of participants, service provider’s availability depending on their craft or agricultural activity, etc.) AND the customer is informed as soon as possible in a clear and written manner.

For major changes, or those resulting in a price increase of 8 per cent, the customer shall be informed as soon as possible, clearly and in writing, of the consequences of the change on the price of the holiday, and shall be given the opportunity to express their opinion; they shall also be informed of the consequences of failing to respond within this timeframe, and shall be advised of any alternative service, together with its price, if applicable.

Where changes to the contract or the alternative service result in a reduction in the quality of the trip or holiday or in its cost, the customer is entitled to an appropriate price reduction.

If the contract is terminated and the customer does not accept an alternative service, the tourist office shall refund all payments made by the customer as soon as possible and, in any event, no later than fourteen days after the termination of the contract, without prejudice to any compensation payable under Article L 211-17 of the Tourism Code.

Where a service specifies a precise time and place for the service to commence, in the event of the customer being late, the customer must notify the tourist office as soon as possible by telephone on 04 50 73 56 04 between 9.00 am and 5.00 pm. Any services not used as a result of this delay will remain payable and will not be eligible for any refund.

In accordance with Articles L211-11 and R211-7 of the Tourism Code, the customer may, provided that the contract has not yet taken effect, no later than 7 days before the start of the service and by any means that provides proof of receipt, inform the tourist office of the transfer of the contract to another person who meets all the conditions applicable to this contract and who fulfils the same conditions as the original customer for the provision of the service.

In the event of a transfer, the customer and the transferee shall be jointly and severally liable for payment of the balance of the price, as well as any fees, charges or other additional costs incurred as a result of this transfer. The tourist office shall provide details of the actual costs of the transfer, which must not be unreasonable nor exceed the cost actually incurred by the tourist office as a result of the transfer of the contract.

The Pays d’Evian-Vallée d’Abondance Tourist Office is the customer’s sole point of contact and is liable to the customer for the provision of the services ordered and for the obligations arising from these special terms and conditions of sale. It is fully liable for the provision of the services set out in the contract, whether these services are provided by itself or by other service providers, and is obliged to assist customers in difficulty in accordance with the terms of Article R221-10 (useful information on health services, local authorities and consular assistance, making long-distance calls and finding other travel services).

The tourist office cannot be held liable for booking errors attributable to the customer or caused by exceptional and unavoidable circumstances, for the total or partial non-performance of the services ordered in the event of force majeure as defined in clause 6.3 of these General Terms and Conditions, the actions of a third party, the customer’s failure to fulfil their obligations, or in the event of fault on the part of the customer.

The customer shall inform the tourist office, as soon as practicable in the circumstances of the case, of any non-conformity observed during the provision of a travel service included in the contract. The tourist office shall not be held liable for damages of any kind that may result from the temporary unavailability of the website or an interruption in the customer’s connection during the registration, booking or payment process.

If any of the travel services is not performed in accordance with the contract, the tourist office shall remedy the non-compliance, unless this is impossible or would entail disproportionate costs, taking into account the significance of the non-compliance and the value of the travel services concerned. If the tourist office fails to remedy the non-compliance within the reasonable timeframe set by the customer, the customer may remedy the situation themselves and claim reimbursement of the necessary expenses.

When you make your booking, the Pays d’Evian-Vallée d’Abondance does not offer comprehensive or cancellation insurance as part of your booking, and we would advise you to check that you are covered for these risks by your chosen insurer, whom you will need to contact directly in the event of a claim in order to initiate the appropriate procedure.
OR
When you make your booking, the tourist office offers you the option to take out cancellation insurance for certain services. We advise you to check that you do not already have this cover elsewhere. The information document summarising the main cover and exclusions of the insurance is available on request from the tourist office. We advise you to read them carefully.

In all other cases, we advise you to check whether you are already covered by such insurance with the insurer of your choice, whom you will need to contact directly in the event of a claim – other than those for which the tourist office is automatically liable – before or during the service, in order to initiate the appropriate procedure.

The Pays d’Evian-Vallée d’Abondance Tourist Office may collect personal data necessary for the electronic processing of your registration, for following up on it, for sending newsletters, promotions and marketing communications, or for the purposes of quality surveys (via email, text messages, telephone calls and post).

In accordance with the GDPR, you have the right at any time to access, rectify, update, transfer and erase your personal data; you may exercise these rights by contacting the data controller either by emailing [email protected], or by post to the Pays d’Evian-Vallée d’Abondance Tourist Office, 265 route du stade, 74500 Féternes; in both cases, you must provide proof of your identity.

Unless you indicate otherwise in relation to a restriction on or objection to the processing of your personal data, we reserve the right to use this information to send you the various documents mentioned above.

You also have the right to lodge a complaint with the CNIL.

The photographs, maps and illustrations contained in the brochures and/or on the website are for illustrative purposes only and are not contractually binding. Any reproduction or use of these elements, whether for commercial or non-commercial purposes, is strictly prohibited without prior written authorisation.

The repeated and systematic extraction of material from the website https://www.leman-mountains-explore.com/ – whether protected by copyright or not – which causes any harm to the tourist office or to any of its service providers or suppliers is also prohibited.

Any contract entered into with the customer relating to an order worth more than 120 euros (including VAT) will be archived by the tourist office for a period of 10 years in accordance with Articles L213-1, R213-1 and R213-2 of the Consumer Code.

The tourist office will archive this information and provide a copy of the contract at the customer’s request.

These Terms and Conditions are governed by French law.

Any complaint relating to a service must be addressed to the tourist office by email: [email protected] OR by registered letter with acknowledgement of receipt within 7 days of the end of the service provided.
After contacting our Sales Department, and in the absence of a satisfactory response from the Sales Department within 60 days, or if the response received is unsatisfactory, the customer may refer the matter to the Tourism and Travel Ombudsman (www.mtv.travel).

If the sale takes place online, the customer may use the platform available on the website https://webgate.ec.europa.eu/odr to resolve their dispute.
Any dispute that cannot be resolved amicably shall fall exclusively within the jurisdiction of the judicial court for legal entities; in the case of a natural person, jurisdiction is assigned to the competent court in accordance with Article L141-5 of the Consumer Code.