Terms and Conditions
Last updated: 11/04/2020
Please read this Terms and Conditions carefully before the alpsyourway.com website operated by:
ALPS YOUR WAY, EURL with a capital of 7 500 euros, registered in the Annecy trade and companies register under the number SIRET 889 327 532 00012, address 22 chemin du Lays, les Plans 74170 Saint-Gervais les Bains.
Access to and use of the services of ALPS YOUR WAY and our website is subject to acceptance of these terms and conditions (“Terms and Conditions”). By accessing, using or obtaining any content, products, or services through our offices or through our website, you, the purchaser (“Customer” and “you/your” and ‘CLIENT’) agree to be bound by these terms. “Customer” and “you/your” and ‘’CLIENT’’ refers to you, the person accessing the website and accepting ALPS YOUR WAY Terms and Conditions. ‘’ALPS YOUR WAY’’, ‘’the Company’’, ‘’Ourselves’’, ‘’We’’ and ‘’Us’’ refers to our Company, ALPS YOUR WAY.
These terms and conditions govern the relationship between ALPS YOUR WAY and you, the CLIENT. These terms restrict your rights and remedies. IF THERE IS ANY PART OF THESE TERMS AND CONDITIONS YOU DO NOT AGREE WITH, PLEASE DO NOT USE THIS WEBSITE OR THE SERVICES OF ALPS YOUR WAY.
ALPS YOUR WAY reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this website. ALPS YOUR WAY will alert you that changes have been made by indicated on the top of this Agreement the date it was last revised and it will be effective immediately after it is posted on the website.
You warrant that you are at least 18 years of age and possess the legal authority to enter into this agreement and to make bookings with ALPS YOUR WAY by any means, including our website in accordance with all terms and conditions herein. You agree to be financially responsible for all your bookings (as well as for use of your account by others, including, without limitation, minors living with you). You agree to be responsible for the use all communications by ALPS YOUR WAY communications under your name or account, including such use by minors and others in your household. You also warrant that all information supplied by you or members of your household transacting business with ALPS YOUR WAY is true and accurate. Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited.
Registration for any trip organised or promoted by ALPS YOUR WAY, implies the unconditional acceptance of the conditions and terms of sales. Any registration must be accompanied by the payment of the deposit set by ALPS YOUR WAY. If the registration and deposit is accepted and received by ALPS YOUR WAY, an invoice will be sent to you with confirmation details.
Upon making reservation the CLIENT must pay all of the following:
A deposit corresponding to thirty-five percent (35%) of the total price including VAT of the booking and
any and all down payments requested by partners of ALPS YOUR WAY that will be providing services for your booking.
The remaining balance for your booking must be paid in full at the latest 14 days before your booking is to begin.
If the full balance is not paid at least 14 days before your booking is to begin, the booking will be deemed to have been canceled by you, the CLIENT. The consequences of this cancellation are delineated in Article 3 herein.
Payments must be made by tone of these methods: (a) electronic transfer to the bank account of ALPS YOUR WAY EURL (IBAN FR76 1695 8000 0196 8591 7998 756 BIC / SWIFT QNTOFRP1XXX); (b) secure payment on the internet; or (c) by cash.
Upon payment of the amount agreed under the conditions referred to in this article, ALPS YOUR WAY will send the CLIENT an email confirming payment to the email address provided by the latter.
In the event of early payment by the CLIENT no discount will be applied. In no case may payments be suspended or be the subject of any compensation without prior written agreement between the Seller and the CLIENT. Any suspension, deduction or compensation made unilaterally by the CLIENT will be treated as a default of payment and will entail all the consequences of a late payment.
3- Cancellation conditions
Cancellation by the CLIENT
a. Any request for cancellation of a trip by the CUSTOMER must reach ALPS YOUR WAY by registered letter with acknowledgment of receipt or by any means allowing an acknowledgment of receipt to be obtained, at the following address:
ALPS YOUR WAY
22 chemin du Lays, Plans
74170 Saint-Gervais les Bains
b. Except in the event of exceptional and unavoidable circumstances occurring at the place of destination, ALPS YOUR WAY will keep the deposit paid at the time of booking.
c. In addition to keeping the down payments, cancellation fees calculated according to the following scale and from the date of issue of the letter by the CLIENT (postmark) will be applied:
More than 60 days before the stay or the activity(ies):10%;
From 60 days to 31 days before the stay or the activity(ies): 25%;
From 30 days to 15 days before the stay or the activity(ies): 50%;
14 days to date of the stay or the activity(ies):100%.
In the event of cancellation, financial charges and service charges are never refundable.
d. In the event of an interruption during the service, the CLIENT cannot claim any reimbursement.
Cancellation by ALPS YOUR WAY
a. In the event of cancellation by ALPS YOUR WAY before the stay based on a case of force majeure and in the absence of fault of the CLIENT, ALPS YOUR WAY will reimburse all the sums paid by the CLIENT without prejudice to the damages to which it could claim. In the event of cancellation based on any other reason, the CLIENT will also receive compensation equal to the penalty he would have incurred if the cancellation had been made by him on that date.
b. PROFESSIONALS / GUIDES working on behalf of ALPS YOUR WAY reserve the right to cancel or adapt the activity according to weather conditions or the level of the participants. The activity may be canceled for security reasons or for any other case of force majeure. In this case, a replacement activity will be organized if possible or another date will be proposed. If the exit cannot be carried out, the service is fully reimbursed without being able to claim any other compensation.
4- Modification conditions
Modification by the CLIENT
a. Once the reservation has been made, and before the first day of the stay, any modification thereof must be the subject of a prior request by the CLIENT that ALPS YOUR WAY will study and accept according to the availability of its partners.
b. The CLIENT will have to pay the additional costs incurred by the modification.
c. The services initially reserved on behalf of the CLIENT and which would be canceled by these changes will not give rise to a refund of the deposit paid for this purpose at the time of booking. If the cancellation of the service is requested less than 7 days before departure, the CLIENT must pay for the entire service.
d. In all cases, any modification of the stay at the request of the CLIENT will be subject to an additional flat-rate billing of € 150 excluding VAT.
Modification by ALPS YOUR WAY
Taking into account the risks weighing on certain activities and provided for in article 6 hereof, ALPS YOUR WAY reserves the right to move the prevented activity to another date of the stay when possible or, failing that, to cancel it until the day of the date initially scheduled for the reserved activity, without compensation for THE CLIENT or reimbursement of the costs incurred by the prevented activity.
b. Modification before departure
When, before departure, one of the services is made impossible as a result of an external event which is binding on ALPS YOUR WAY (in particular in the event of failure of the service provider or occurrence of one of the contingencies provided for in article hereof), the latter will notify the CLIENT as quickly as possible.
ALPS YOUR WAY will make every effort to replace the service concerned with a similar service. ALPS YOUR WAY will reimburse the price difference between the services planned and provided or will bear the resulting price supplements, but only when the change results from a failure of the service provider.
In the event that the modification is imposed by the realization of one of the contingencies provided for in Article hereof, the CLIENT shall bear the price supplements within the limit of 5% of the price of the activity concerned.
Failing to be able to provide a similar service, ALPS YOUR WAY will offer another service which is not of the same nature, in writing.
In this last and only case and only if the service(s) rendered impossible constitute(s) a preponderant part of the contract representing a significant percentage of the price paid by the CLIENT, the latter will have the possibility of terminating the contract or accept the modification proposed by ALPS YOUR WAY. He must make his choice known within 48 hours after sending the proposal.
If the customer does not return within the time limit, the substitution proposal made by ALPS YOUR WAY will be deemed to have been refused.
If the CLIENT decides to terminate the contract, he may claim reimbursement of all sums paid.
c. Modification after departure
When, after departure, one of the services is made impossible as a result of an external event which is binding on ALPS YOUR WAY (in particular in the event of failure of the service provider or the occurrence of one of the contingencies provided for in Article 10 hereof), ALPS YOUR WAY will make every effort to replace the service concerned with a similar service. ALPS YOUR WAY will be responsible for the resulting price supplements in the event that the modification follows a fault on the part of the service provider or will reimburse the price difference between the services planned and provided.
In the event that the modification is imposed by the realization of one of the contingencies provided for in Articles hereof, the CLIENT shall bear the price supplements within the limit of 5% of the price of the activity concerned.
In the absence of a similar service, ALPS YOUR WAY may offer another service which is not of the same nature.
In the event that the service(s) rendered impossible constitute(s) a preponderant part of the contract representing a non-negligible percentage of the price paid by the CLIENT and only in the event that this impossibility results from a failure of the service provider (excluding the contingencies provided for in Article hereof), the latter will have the possibility of terminating the contract or of accepting the modification proposed by ALPS YOUR WAY. He must make his choice known without delay.
In the event that the CLIENT does not accept the proposed modification for valid reasons, he may claim reimbursement of the sums paid for the canceled service.
It is essential to have a Civil Liability, and, it is strongly advised to have an insurance covering the expenses of cancellation – loss or theft of luggage and interruption of trip to participate in our stays. It is obligatory to be covered in assistance repatriation, relief and research to participate in our stays. We will ask you for a letter of discharge and a certificate of your own insurance specifying the maximum amount of coverage for Medical Expenses / Repatriation Assistance / Rescue and Rescue Costs, the contract number and the 24-hour call number, the trip concerned, the dates of the trip and the persons guaranteed. Please read your policy details carefully and take them with you on your trip. It is your responsibility to ensure that the insurance covers the sportive activities chosen and is adequate to your needs.
ALPS YOUR WAY is insured with the insurance company HISCOX which guarantees the pecuniary consequences of its professional civil liability (bodily injury, material or immaterial consequential or not up to €1 500 000.
It also has the financial guarantee of (in progress) which, in the event of bankruptcy, assures the CLIENT not to lose the costs already incurred.
Each PROFESSIONAL / GUIDE is insured for Professional Civil Liability for their own activities and for the costs incurred by a possible rescue operation. ALPS YOUR WAY strongly advises each CLIENT to be covered by civil liability insurance and / or an individual accident with the insurance of their choice for the practice of white water and / or mountain sports, paragliding and extreme sports, Indeed, ALPS YOUR WAY cannot replace the individual civil liability of each CLIENT. ALPS YOUR WAY is insured for civil liability for all the activities it offers and cannot be held liable for activities reserved with other providers. In the event of injuries, the responsibility of ALPS YOUR WAY and of the PROFESSIONAL / GUIDE is released as soon as the victim is taken care of by the competent rescue organizations, and any hospital consequences will be the responsibility of the personal insurance of the accident victim.
The practice of outdoor activities takes place in a specific environment called “at risk”. Each CLIENT is aware, given the specific nature of the activities offered, that he may run certain risks due, in particular, to the remoteness, isolation and specific nature of the environment (river, cave, cliff, etc. ). He assumes them with full knowledge and he must comply with the rules of prudence and follow the advice given by the PROFESSIONALS / GUIDES. The CLIENT is responsible for the equipment loaned to him for the activity. In the event of theft or deterioration to the loaned equipment, the CLIENT may be asked for compensation or a full refund of the equipment. PROFESSIONALS / GUIDES and ALPS YOUR WAY cannot be held responsible for the loss, theft (including in vehicles) or the breakage of objects (e.g.: glasses, cameras, etc.) that CLIENTS could take with them during the activity .The activities offered by ALPS YOUR WAY require the CLIENT to personally ensure their own safety and that of third parties. The responsibility of the PROFESSIONAL / GUIDE is limited to an obligation of means.
6. Limits of liability
ALPS YOUR WAY cannot be held responsible for the consequences attributable either to the CLIENT, or to the unforeseeable and insurmountable fact of a third party foreign to the provision of the services provided for in the contract, or to a case of force majeure.For the application hereof, is understood by case of force majeure, in addition to the meaning given to this term by French case law, any event of any nature that is beyond the reasonable control of ALPS YOUR WAY (including, but without limitation, flood, tempest, forceful wind, fire or accident, acts of terrorism, strikes, sickness, quarantine, government intervention, defects in machinery and vehicles, weather conditions, wildlife or other untoward occurrences)..
a. With regard to the type of certain activities offered by ALPS YOUR WAY, it cannot be held liable in the event of modifications to the activities required for safety reasons, modifications to the program depending on the weather and mountain conditions, the fitness of the participants, their technical knowledge. Likewise, it cannot be held liable in the event of non-compliance by the CLIENT with the safety instructions as referred to below.
b. The CLIENT may not be held liable for failure to meet its obligations in the event of a force majeure event, as defined above.
c. Safety: The CLIENT is aware of the sporting or even extreme nature of some of the activities offered. He therefore undertakes to comply with the advice and instructions given by service providers and guides. The CLIENT refrains from any personal initiative in the context of activities likely to endanger his safety, that of other participants or that of accompanying professionals. It will be up to the PROFESSIONAL /GUIDE to decide on any modification of the activities for reasons of safety, weather and mountain conditions, the fitness of the participants or their technical knowledge. Failure to comply with safety instructions may justify the CLIENT’s exclusion from the stay or activity. This exclusion, pronounced for security reasons, will not give rise to any reimbursement.
d. The damage which the CLIENT could possibly claim must be foreseeable and directly related to the performance of the contract. The resulting damages cannot exceed the cost of the stay.
7. claims – disputes
In the event that, during the stay, the CLIENT should notice that the services provided to him do not comply with the guaranteed services, he must inform ALPS YOUR WAY by any means (tel, email, mail) in order to allow him to intervene as soon as possible.
Any dispute raised by the CLIENT, for the first time, after the stay may not give right to any compensation.
The CLIENT can enter the customer service of the retailer of any claim, to the following address:
ALPS YOUR WAY – 22 chemin du Lays, Les Plans 74170 Saint-Gervais les Bains FRANCE
by registered letter or via our contact form accompanied by any proof.
In the absence of a satisfactory response within 60 days or if the CLIENT is not satisfied with the response received, the client may enter the Tourist and Travel Ombudsman free of charge, whose details and referral methods are available on the website. : www.mtv.travel.
In case of difficulty, the emergency number to reach ALPS YOUR WAY at any time is as follows:
+336 78 07 77 03
All disputes to which the purchase and sale transactions concluded in application of these General Terms and Conditions could rise, concerning their validity, interpretation, execution, termination, consequences and which could not be resolved amicably between ALPS YOUR WAY and the CLIENT, will be submitted to the competent courts under the conditions of common law.
French law is applicable.
9. Personal information
a. NATURE OF DATA COLLECTED
ALPS YOUR WAY undertakes to collect only personal data limited to what is necessary. No personal data considered “sensitive”, such as racial or ethnic origin, political, philosophical or religious opinions can be requested or collected from the User.
b. PURPOSE OF PROCESSING PERSONAL DATA
Personal data may be collected and used by ALPS YOUR WAY for the purpose of providing the service, and may be transmitted to ALPS YOUR WAY partners involved in the stay or the services. The partners undertake to use personal data only for the proper performance of their services and to respect the CLIENT’s rights in this matter.
The data collected is also likely to be used within the framework of the management of commercial relations in order to establish statistics, to carry out market studies and to allow ALPS YOUR WAY to personalize the services.
c. CONSERVATION, SECURITY AND CONFIDENTIALITY OF PERSONAL DATA
The personal data collected are processed and stored under conditions aimed at ensuring their security and are kept for the period strictly necessary for the performance of the services of these General Terms and Conditions above. Beyond this period, they will be kept for exclusively statistical purposes and will not give rise to any exploitation of any kind.
This data may also be kept for security and conservation purposes, in order to comply with the legal and regulatory obligations to which ALPS YOU WAY is subject.
ALPS YOUR WAY undertakes to put in place technical security measures in order to guarantee the security, integrity and confidentiality of all personal data, in order to prevent them from being distorted or damaged. or that unauthorized third parties have access to it.
However, it is specified that since no security measure is infallible, ALPS YOUR WAY cannot guarantee absolute security to the Customer’s personal data.
d. TRANSFER OF PERSONAL DATA
No transfer of personal data is made outside the European Union.
Except in the event that a third-party asks the CLIENT to accept a confidentiality chart and its own conditions of use, the third-party companies having received communication of the User’s personal data have undertaken to process their data. of a personal nature only for the sale of services organized by ALPS YOUR WAY.
ALPS YOUR WAY undertakes not to transfer or sell the CLIENT’s personal data to non-partner third-parties. However, ALPS YOUR WAY may be required to disclose the personal data of the CLIENT to administrative or judicial authorities when their disclosure is necessary for the identification, arrest or prosecution of any individual likely to prejudice the rights of the company, any other customer or a third party. ALPS YOUR WAY may finally be legally bound to disclose the personal data of the CLIENT and cannot in this case oppose it.
e. CUSTOMER RIGHTS OVER HIS PERSONAL DATA
In accordance with the General Data Protection Regulation 2016/679 of April 27, 2016 (“RGPD”), any CLIENT has a right to access and rectify his personal data and a right of objection for legitimate reason to the processing of his personal data. To exercise your rights, you must send a letter to the following address:
ALPS YOUR WAY 22 chemin du Lays, Les Plans 74170 Saint-Gervais les Bains FRANCE,
or an email to:
attaching a copy of a title of identity to your request.
In addition, within the limits set by law, the CLIENT also has the right to oppose the processing, to limit it, to decide the post-mortem fate of his data, to withdraw his consent at any time and the right to the portability of the personal data provided.