Terms of Sales
These "General Conditions" apply to the sale of "Activity(ies)" / "Service(s)") by the Monitor Mezelle Yann, domiciled at 112 Avenue William Booth, Logis La Pastorale Bât D4, 13011 Marseille, under SIRET number 534 962 105 00027, email contact@libertagrimpe.com, mobile 06.61.72.78.38, website https://www.libertagrimpe.com/ for the benefit of any natural or legal person, hereinafter the ) “Participant(s) / Client(s)”), remotely (telephone, post, e-mail, or on the website.
The purchase of an Activity sold by the Monitor Mezelle Yann implies knowledge and pure and simple acceptance of these general conditions of sale.
Article 1-Definition of the service
The Monitor Mezelle Yann delivers a service of supervision, animation, teaching and training under the activity of climbing and its assimilated activities Via Ferrata, Canyoning. He holds a valid State Diploma.
These general conditions relate only to the sale of climbing activities and similar activities Via Ferrata, Canyoning within the meaning of the aforementioned provisions, to the exclusion of any other service of paid transport, accommodation, food, or equipment rental.
Depending on the site where the service takes place, a transport service is included in a related manner / possibly specify within the limits of the places available in the Monitor minibus, this service is not subject to invoicing and only concerns the client in the context of the activity carried out. If the latter does not wish to benefit from it, this will therefore not give rise to any price modification.
Warning: The Monitor is not responsible for vehicles left parked during the course of the service.
Article 2-Sale of the Activity
The registration request is made directly, by telephone, by e-mail or via the website, and mentions the surnames, first name, address and contact details of the Customer.
The Monitor offers the Customer a registration form which includes the main characteristics and the price of the Activity, and sends him these general conditions.
Registration is effective after the customer has completed the form and paid a deposit (/ deposit / all) equal to 30% of the price of the Activity, and the Monitor has acknowledged receipt.
In the absence of acknowledgment of receipt from the Monitor in a the registration will be deemed not validated, the Monitor however retaining the possibility of confirming this registration after this period and until Activity day.
If necessary, the Monitor defines the date from which failure to pay the deposit will result in the cancellation of the activity.
The balance of the amount due is paid to the Monitor at the start of the Activity / return from the Activity.
Sale at the counter in the usual premises of the Moniteur Mezelle Yann: These general conditions are displayed and freely available for consultation. NO SALES AT THE COUNTER
Sale concluded outside the establishment (premises other than the usual premises): Before any order, the Monitor Mezelle Yann provides the Customer with contractual information. He then gives him a copy of the dated and signed contract confirming their express agreement on a paper medium, or with his agreement, on a durable medium.
In the event of a sale concluded at a distance (telephone, postal mail, etc.): Before any order, the Monitor Mezelle Yann provides the Customer with the contractual information in a way that allows their conservation and reproduction.
In the event of a sale concluded at a distance exclusively by exchange of e-mails:
The Monitor Mezelle Yann ensures that the Customer acknowledges his obligation to pay when ordering, and includes the words "order with obligation to pay" as well as the means of payment accepted for the conclusion of the contract.
The Monitor Mezelle Yann acknowledges receipt of the registration request by e-mail or by any other means, and provides the Customer with confirmation and details of the contract on a durable medium.
In the event of a sale concluded at a distance with online payment:
The Monitor Mezelle Yann sets out the steps to follow for the conclusion of the contract and the means enabling the Customer to identify any errors: 1/ The Customer checks the details of the order and its total price; 2/ He confirms his order; 3/ The Monitor Mezelle Yann acknowledges receipt of the order and provides the Customer with confirmation of the contract on a durable medium.
Le Moniteur Mezelle Yann includes the words "order with obligation to pay", the means of payment accepted and the languages offered for the conclusion of the contract.
Article 3-Right of withdrawal
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 definitive and that he does not benefit from a right of withdrawal.
Article 4-Price – Additional costs – Methods of payment – Complaint
The price corresponds to the fees of Monitor Mezelle Yann. It relates solely to the provision of supervision of the Activity to the exclusion of any other service. It is net of tax.
The price takes into account the habits and customs of the profession, the number of participants and their technical and physical level, and the characteristics of the objective pursued (technical difficulty, elevation, commitment, etc.).
The price communicated is deemed to correspond to the price of the Activity due by each of the participants, unless the Monitor Mezelle Yann has specified that it is a global price of the Activity to be shared between all of the participants. attendees.
Any additional costs incurred by the activity (right of access, parking, ski lifts, equipment rental at a store, etc.) are borne and paid directly by the Client(s).
Methods of payment: The price of the Activity is to be paid: online, by credit card, or by cash.
Complaint: Any complaint is sent by registered mail with acknowledgment of receipt to the address of the Monitor, at the latest one month after the occurrence of the event giving rise to the request.
Article 5-Modification or cancellation of the Activity
Outdoor activities are subject to hazards related to weather 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/postponed or modified by the Monitor at any time before, at the start, or during its execution.
• In the event of modification of the Activity by the Instructor during the Activity, the price of the alternative itinerary will be applied in accordance with usages and customs, and without the Customer being able to claim any compensation.
In the event of modification of the Activity by the Customer, in particular for insufficient physical or technical prerequisites declared, the price of the initial objective may be applied in full.
• In the event of cancellation of the Activity by the Monitor prior to the activity, priority is given to postponing the activity. In the event of refusal, the deposit is returned to the Client(s), minus any sums already incurred by the Monitor for the Activity (booking or travel costs, etc.).
If the minimum number of participants set is not reached for the realization of an Activity organized collectively, the Instructor may decide not to carry out the Activity. In this case, the sums paid by the Client(s) are reimbursed to him.
• In the event of cancellation of the Activity by the Customer(s) Ex:
- Up to 30 days before the start of the Activity: the deposit is returned, except sums already committed or advanced.
- From 30 days to 4 days before the start of the Activity: the deposit is due.
- Less than 4 days before the start of the Activity: the full price is due.
Article 6-Technical and physical prerequisites - Background
Warning: climbing as well as via ferrata and canyoning are potentially dangerous activities where you could be injured and even die as a result of an accident. It is therefore necessary to behave in a prudent and diligent manner. Do not come to practice the activity under the influence of drugs or alcohol.
Health and physical condition
Technical, physical or experience prerequisites may condition the Client's access to the Activity.
The Customer who wrongly declares to respect these prerequisites, and who has a technical, physical level or experience lower than that declared, is entirely responsible for the consequences of all types which could result therefrom.
Participation in the services requires good health (special cases, contact us), equipment suitable for sports, good behavior towards other participants and the instructor, as well as compliance with the instructions given by the instructor.
In particular, the Customer must declare to the Monitor any health problem, medical history, occasional or long-term treatment, accident, likely to affect his physical or psychological health, as well as any particular apprehension (vertigo, history of accident, fear , not knowing how to swim, heart problem, epilepsy, motor problem, recent operation, prosthesis…).
Article 7-Organization of the Activity
Hours: For the smooth running of the Activity, the Customer undertakes to respect the meeting times communicated on time.
Failure to respect the appointment schedule by the Customer may lead to the modification of the Activity.
In the event of the client's absence at the start of the service, or during the performance of the service, and for whatever reason, the price of the service will not be refunded and the service will not be exchanged for a other.
Number of participants: A maximum number of participants may be set for each Activity with regard to habits and customs, 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 registered members does not allow it to be carried out.
Behaviour: The Instructor reserves the right to exclude at any time a person whose behavior is likely to disturb the course of the lesson. Cancellation, interruption or exclusion does not give rise to any compensation or reimbursement. Any service started is due in full.
Warning: The Monitor declines all responsibility in the event of damage or loss, concerning laptops, cameras as well as any material or object sensitive to shocks/cold/heat/water, which must imperatively be adequately protected. .
Article 8-Material
Collective equipment: The price includes collective and safety equipment.
Individual equipment: The Client has his own technical and safety equipment adapted to the Activity carried out, in accordance with the instructions provided. The Customer is informed that he is solely responsible for his equipment and any damage that may result for him or for a third party.
In case of doubts as to the obsolescence or unsuitability of his individual equipment, it is his responsibility to refer to the Monitor. The Instructor may, if available, be required to provide the Customer with the technical and safety equipment necessary for carrying out the Activity, in which case the Customer undertakes to wear and use this equipment during all activity, unless expressly stated otherwise by the Monitor.
Article 9-Responsibilities - Specific environment
The activity takes place in a specific/outdoor environment, which involves objective and random natural risks (falling rocks, etc.). Supervision by an Instructor does not eliminate these natural risks. The participant is aware of the dangers to which he is exposed: collision with other people, falling from an obstacle and any other cause of accident or injury, including in particular sprains, muscle and/or ligament tears, cracks or fractures, eye conditions, cuts, wounds, scrapes, abrasions and/or bruises, dehydration, lack of oxygen, exposure and/or dizziness, trauma to the head, neck and/or spine, nervous shock, paralysis and/or death.
The Monitor Mezelle Yann is subject to an obligation of security 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 takes care of his own safety and that of third parties. He must respect the rules of safety and behavior that flow from common sense, as well as those transmitted by the Monitor Mezelle Yann.
Article 10-Insurance and Relief
Monitor Mezelle Yann benefits from professional civil liability insurance in France which covers damage resulting from his actions as a professional, including search, rescue and repatriation costs: AN3S SPORT SANTE SOCIAL n°675047304 contact. an3s@gmail.com.
This insurance does not replace the Customer's individual civil liability for damages that he may cause to himself or to third parties, or that may result from an external natural phenomenon. The Instructor, under his duty to inform and warn, reminds that it is up to the Client(s) to take out individual civil liability insurance for the practice, CLIMBING, VIA FERRATA, CANYONING, including assistance , search, rescue and repatriation.
What insurance for the practice of a sport on an individual basis?
The free practice of a sport, that is to say on an individual basis, takes place outside the framework of an association or a club. It concerns for example the Sunday who takes advantage of his weekend to cover a few kilometers in short strides or the group of friends who improvise a football match on a municipal field. Good news: you are obviously free to practice this type of activity without necessarily having to take out insurance.
But depending on the type of activity you practice, alone or supervised by a professional, be aware that many sports are excluded from your usual insurance contracts, in particular your Civil Liability Private Life (generally linked to your multi-risk home contract). Traditionally, activities considered "exposed" are excluded (aerial activities, climbing, mountaineering, mountain biking, mechanized activities, underwater, etc.) are excluded from this type of contract.
Why take out insurance for your sports activities?
The professional supervising you is insured in the event that he causes you damage, to cover the costs of rescue to the nearest care centre; On the other hand, his insurance is not intended to cover the consequences of your individual behavior or the costs of repatriation from the hospital to your home, for example.
To protect yourself in the context of your sports activities, you can take out specific sports insurance. This type of annual or daily contract covers:
1- Civil Liability; During your sports practice, if you injure someone by your fault or your recklessness, in accordance with articles 1240 and 1241 of the civil code, you are civilly liable for having "caused damage to others"
2- If you injure yourself alone while practicing sport The Individual Accident Insurance (“IA”) contract provides compensation for major accidental bodily injury and possibly medical expenses; costs
repatriation, search and rescue, damage to sports equipment, etc.
Article 11-Image rights
The Client authorizes the Monitor Mezelle Yann 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 otherwise indicated. expressed by the Customer notified before the start of the Activity.
The parents of the minor Customer grant the Instructor Mezelle Yann the authorization to use the images of the minor Customer under the same conditions.
Article 12-Settlement of disputes and applicable law
The Client(s) and the Monitor Mezelle Yann favor an amicable settlement of any dispute, and failing that, have recourse to mediation with the competent Mediator.
The reference language for the settlement of any disputes is French. All disputes will fall within the jurisdiction of the courts on which the registered office of the Monitor Mezelle Yann depends.
Article 13-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 Mezelle Yann, domiciled at 112 Avenue William Booth, Logis La Pastorale Bât D4, 13011 Marseille, email contact@libertagrimpe.com.
If you believe, after contacting us, that your "Data Protection" rights have not been respected, you can consult the cnil.fr website or file a complaint with the CNIL.