Terms and conditions
Your enrollment in one of our programs makes you enter the association LE PAYS D'EN TOP, as a non-voting member, for a period of 3 years, and implies adherence to our general and special conditions of sale.
We reserve the right not to accept the registration of a participant who does not meet the level criteria.
The consultation of the data sheets is essential before the inscription, because in these you will find the following information: minimum number of participants, technical level and physical preparation necessary for your trip, time and place of rendezvous ...
Accommodation in dormitories, double rooms and tents of two are provided. Depending on the composition of the group, you may be with someone of the opposite sex.
When you register, you must draw the attention of the association LE PAYS D'ENHAUT on any decisive element of your choice, on any peculiarity concerning you that may affect the progress of the trip or stay, and specify detailed way in writing attached to your application for registration.
After consulting the data sheet of the trip you have chosen, return your registration form.
Any registration form, duly completed and signed by the participant, must be returned to LE PAYS D'EN TOP, with a minimum deposit of 30% of the total amount of the trip.
In the case of check payments, send us a check for 30% of the total amount of the trip, which will be cashed immediately.
Please remember to send us, without a reminder from us, 50 days before departure, your balance check, which we will cash 45 days before departure. Checks payable to: THE COUNTRY ABOVE. Any delay in sending the balance check may be considered a cancellation of registration on your behalf for which it will apply the cancellation fee (see paragraph * CANCELLATION OF YOUR PART).
In case of registration less than forty-five days before departure, the full price of the trip is to be paid.
Your registration implies your adherence to our general and special conditions of sale. We will confirm your registration by return mail. You will receive a travel document containing all useful and essential information to make your stay or trip.
We accept payments by French bank or post-office checks, Visa and MasterCard-EuroCard, and Chèques-Vacances (ANCV agreement), we remind you that Holiday Checks are only valid for programs taking place in France and in the countries of the European Union, so they are not valid for programs taking place partially or entirely in Switzerland).
Convocation: for travel without air transport, we do not send a convocation, the detailed technical sheet of the trip specifying the place and time of departure. If your trip LE PAYS D'EN TOP has an air route, a convocation will be sent to you 10 days before your departure, specifying the place and time of departure. Any information prior to this invitation is given to you only as an indication, according to the available elements, and does not engage our responsibility.
Airlines reserve the right to change their schedules without notice; we will inform you immediately. All times are indicated in local time.
Program for a private group: in case of organization of the program for a private group reserving this program for its only members (family, group of friends, Works Council, etc ...), the head of the group accepts the general conditions and sale on behalf of himself and all members of the group. He guarantees to be responsible for all the payments due by each member of the group for which he makes the reservation. The head of the group undertakes to transmit to all the members of the group all information that will be communicated to him THE COUNTRY FROM ON TOP. Any information communicated by THE COUNTRY FROM above to the group leader will therefore be considered as being given to all members of the group for which the head of the group makes or has made a reservation. In particular the group leader will ensure to transmit to each group member the table of variation of the price of his registration according to the total number of group members registered, if this table has been created, and to verify that each member of the group approve the said table.
In accordance with the law, we are insured in Professional Liability, with MMA IARD, 10 Bd Marie and Alexandre Oyon - 72 Le Mans, contract n ° 3.056.234. However, we can not substitute for the individual civil liability that each participant must hold.
It is therefore essential to have a Civil Liability insurance to participate in our stays and travels. Similarly, it is strongly recommended to have an insurance covering the costs of cancellation - loss or theft of luggage and interruption of travel.
But it is obligatory to be covered in assistance repatriation - relief and research to participate in our stays and trips; It is up to the participant to check, in advance of his registration, the risks for which he is already covered. Each participant has the opportunity to take out an EUROP ASSISTANCE insurance contract with the LE PAYS D'EN TOP association, which includes three options:
- Cancellation + Repatriation assistance + Interruption of stay: 6% of the amount of the trip
- Cancellation only: 4% of the amount of the trip
- Repatriation - Relief only: 2,5% of the amount of the trip
Extract from our insurance contracts provided with our data sheets.
No modification will be possible once the insurance has been taken out. If the participant does not wish to subscribe to our repatriation and rescue insurance, we will ask them to provide us with the guarantees and details of their own insurance.
We remind you that a payment by credit card does not cover you generally or little in warranty "Search-Rescue".
The insurance contracts "Assistance" and "Cancellation" only cover persons whose domicile is in one of the following countries: France (and DOM and Principality of Monaco), Germany, Andorra, Austria, Belgium, Denmark, Spain , Finland, Gibraltar, Greece, Ireland, Italy and Islands, Liechtenstein, Luxembourg, Norway, Netherlands, Portugal, United Kingdom, San Marino, Sweden and Switzerland.
If you do not wish to take out EUROP ASSISTANCE "Assistance / Repatriation" insurance, you must have an insurance covering at least assistance / repatriation, and you will provide us with a copy of your insurance contract when you register. and the telephone number of the help line.This is mandatory, we do not accept registrations without insurance contract "Assistance / Repatriation" .Check that you are covered as a guarantee "Search-Rescue" for at least 15,245 Euros
If you live in Canada, we recommend the travel insurance offered by the Fédération Québécoise de la Montagne et l'Escalade, on the website www.fqme.qc.ca
During your trip, your Guide THE COUNTRY FROM ABOVE is aware of the "Assistance" insurance policy that covers you, but you are solely responsible for complying with the procedures for reporting any loss. departure.
For the persons who have taken out the insurance contracts that we propose, the association LE PAYS D'EN TOP serves as an interface between the participants and the insurer, it has no latitude to influence in a way or another on one or other of the parties. We stick to the strict conditions of sale.
Notify us immediately:
- by registered letter with acknowledgment of receipt: the date on which we will receive your registered letter informing us of your cancellation will be the date applied for the calculation of the sums deducted; the amount to be refunded will be returned to you by check within 30 days from
- by e-mail with acknowledgment of receipt: the date on which we receive your e-mail informing us of your cancellation will be the date applied for the calculation of the sums deducted; the amount to be refunded will be returned by check within 30 days of this date.
No cancellation can be made by telephone, fax, or non-registered mail. Cancellation on your part must imperatively be communicated to us by registered letter with acknowledgment of receipt, or by e-mail.
In the event of cancellation by you, for any reason whatsoever, the amount of the sums deducted from the refund is calculated according to the following scale (per person):
- For expeditions to Ama Dablam, Tilicho peak, or Himlung Himal: more than 45 days before departure, we retain 1500 Euros of fees / from 45 to 22 days before departure, we retain 25 % of the price of the trip / 21 to 8 days before departure, we retain 50% of the price of the trip / from 7 to 2 days before departure, we retain 75% of the price of the trip / cancellation the day before or the day of departure : we retain 100% of the price of the trip.
For any trip that required the purchase by the COUNTRY from above of a non-refundable and / or non-exchangeable plane ticket, we also retain the amount of this ticket, regardless of the cancellation date of your part. . For any trip that required the purchase by the COUNTRY OF UP of a partially refundable airline ticket by the airline, we also retain the portion of the amount of the ticket not reimbursed by the airline, regardless of the date cancellation on your part.
- for any trip in Norway, and for any trip outside Europe (travel listed on our brochure, or tailor-made trip for a group), excluding shipments: more than 45 days before departure, we retain 300 Euros of fees / from 45 to 22 days before departure, we retain 25% of the price of the trip / from 21 to 8 days before departure, we retain 50% of the price of the trip / from 7 to 2 days before departure, we retain 75% the price of the trip / cancellation the day before or the day of departure: we retain 100% of the price of the trip. For any trip that required the purchase by the COUNTRY from above of a non-refundable and / or non-exchangeable plane ticket, we also retain the amount of this ticket, regardless of the cancellation date of your part. . For any trip that required the purchase by the COUNTRY OF UP of a partially refundable airline ticket by the airline, we also retain the portion of the amount of the ticket not reimbursed by the airline, regardless of the date cancellation on your part.
-Other trips: more than 45 days before departure, we retain a 100 Euros booking fee for a trip to Europe outside Bulgaria and Turkey, 200 Euros handling fees for a trip to Bulgaria or Turkey / from 45 to 22 days before departure, we retain 25% of the price of the trip / from 21 to 8 days before departure, we retain 50% of the price of the trip / from 7 to 2 days before departure, we retain 75% of the price of the trip / cancellation the day before or the day of departure: we retain 100% of the trip price. For any trip that required the purchase by the COUNTRY from above of a non-refundable and / or non-exchangeable plane ticket, we also retain the amount of this ticket, regardless of the cancellation date of your part. . For any trip that required the purchase by the COUNTRY OF UP of a partially refundable airline ticket by the airline, we also retain the portion of the amount of the ticket not reimbursed by the airline, regardless of the date cancellation on your part.
If you have taken out the EUROP ASSISTANCE "Cancellation and Luggage insurance" insurance policy, coverage by EUROP ASSISTANCE warranties is based on the date of occurrence of the event giving rise to the guarantee.
In any case, the amount of the insurance premium is not refundable.
Your non-presentation at the appointment does not entitle you to any refund (the place and time of appointment are indicated in the data sheet of your trip, and in the invitation you receive a dozen days before departure if your trip THE COUNTRY FROM above has an air route).
Trip cancellations, regardless of the date, do not waive full payment of the sums owed to you; any reimbursement procedure by EUROP ASSISTANCE can only be started under this condition.
To be reimbursed in a timely manner, we recommend that you return all documents required by the insurance as quickly as possible.
Any voluntary interruption of the trip on your part does not give right to any refund, as well as an exclusion decided by the framework of the stay, for insufficient level or non respect of the safety instructions. In case of impossibility to make the stay, you can propose us another person on the condition that it fulfills the same conditions and that we have not already made reservations in your name (plane tickets, license of trekking or ascents). You are required to inform us at least 7 days before departure by registered letter with acknowledgment of receipt for a trip to Europe, and no later than 15 days before departure by registered letter with acknowledgment of receipt for a trip outside Europe.
Any voluntary interruption on your part for any reason whatsoever does not entitle you to any refund. Just as an exclusion decided by your Guide, if your behavior, or obvious lack of your physical condition or your technical level endanger the safety and well-being of the group or compromise the smooth progress of the trip.
If we had to cancel a departure for reasons beyond our control, or for lack of participants, we would then propose different alternatives, at the current rate, or the full refund of the amounts paid. The participant will be informed at least 21 days before the departure date. No compensatory allowance will be paid. For all our trips, we reserve the right not to accept a participant who does not have the required level.
In accordance with Article L211-16 of the Code of Tourism, the association LE PAYS D'EN HAUT can not be held responsible for the consequences and events due to the participant, incidents or unforeseeable and insurmountable events, a third party outside the travel contract or by circumstances having a force majeure nature imposed for reasons related to your security or the imperative request of an administrative authority. However, LE PAYS D'EN TOP, as the organizer, will strive to find solutions to overcome difficulties or minimize costs. This can in no way be equated with any compensation involving his responsibility.
Each participant must comply with the advice and instructions given by the management, we can not be held responsible for incidents, accidents or bodily injury that may result from an imprudent personal initiative. The management remains the only judge during the stay to modify the program. Indeed, the sporting nature of our travels and stays can lead us, when imperative circumstances involving the safety of travelers compel us, to substitute one means of transport for another, a hotel for another, to take a different route or to cancel some excursions. The participant can not refuse them without valid reasons. On the other hand, if the accepted services are of inferior quality, the price difference will be reimbursed by the association LE PAYS D'EN TOP, on the return. If no replacement services can be offered or if they are refused for valid reasons, we will insure the return of the participant at no additional charge.
under the terms of the contract of carriage of the airlines governed by the Warsaw and Montreal conventions we can not be held responsible, in case of space congestion, bad weather, delays, breakdowns, loss or theft of luggage , failure to register, loss or theft of airline tickets, failure to present or present identity and / or health documents that are valid or insufficiently valid (identity card, passport, visas, certificate of vacination, ...) not in accordance with the indications on our data sheets. If you use pre-routing, we recommend that you allow sufficient time. In case of late check-in, you will be refused and it will be retained 100% of the trip. Special rates do not allow changes and will not be refunded in the event of a delay or change in departure time. The hours indicated are not guaranteed; the carrier may, without notice, substitute itself for other carriers, use other aircraft, modify or delete scheduled stops if necessary We will notify you of any changes that may occur before your departure.
Each participant must ensure the presence of his luggage during the organization of transfers. The carrier is responsible for damage, theft, baggage delays. It is with this carrier that the participant will have to declare the incident, and not with the association LE PAYS D'EN HAUT.
The participant expressly acknowledges having read the information on the trips he has chosen, thanks to our brochure and our data sheets, which were provided to him before the invoice was submitted.
We mention in our brochures and data sheets what is included in the price of the trip and what is not.
In general, the prices mentioned in our brochures and datasheets include: air transport in tourist class or economy, maritime, and land according to directions, accommodation in a double room, or tandem tent, or dormitory for mountain and mountain huts, meals (unless otherwise specified), supervision, collective travel-specific material.
Generally, they do not include visa fees, vaccine and passport fees, gratuities, some airport taxes, "Cancellation / Assistance" insurance, drinks and personal expenses, visits to sites, and personal equipment The prices indicated have been determined according to the economic data of 01/02/2017 In case of significant changes to any of these data (fuel cost, exchange rate, transport taxes) ), we reserve the right to change our selling price.These possible revisions of our prices will be brought to the attention of the participant at least 30 days before the departure.
Exchange rate at 01/02/2017: 1 Euro = 1.086 US $, and 1 Euro = 1.086 CHF. For countries where payments to local providers are made in dollars (Nepal, Tanzania, etc ...), the percentage of services subject to revision is 60% of the price of travel with international flights. For programs taking place partially or completely in Switzerland, the price revision will apply to accommodation, catering and transport services paid in Switzerland.
We accept payment by bank or postal check drawn on a French bank, Cartes Bancaires Visa and MasterCard-EuroCard, and Chèques-Vacances (convention ANCV, we remind you that Chèques-Vacances are only valid for programs taking place in France and in the countries of the European Union, so they are not valid for programs taking place partially or entirely in Switzerland).
TERMS OF SALES
REGISTRATION FORM / SALES AGREEMENT
Article 211.6 of the Code du Tourisme lists the information that
must include the sales contract or registration form:
name and address of seller, guarantor and insurer.
The destination or destinations of the trip and, in case of a split stay,
the different periods and their dates;
3º The means, characteristics and categories of transport used,
dates, times and places of departure and return;
4º The type of accommodation, its location, its level of comfort and its
main features and its tourist ranking under the
regulations or customs of the host country;
5º the proposed restoration services;
6º The itinerary;
7º Visits, excursions or other services included in the total price of the
trip or stay;
8º The total price of the services invoiced as well as the indication of any
possible revision of this invoicing under the provisions of the article
The indication, if any, of the fees or taxes relating to certain
services such as landing, landing or embarkation fees at ports and airports, tourist taxes when they are not included in the price of the services provided;
10º The schedule and the terms of payment of the prize; the last installment
made by the buyer can not be less than 30% of the price of the journey or
stay and must be made when handing over documents allowing
make the trip or stay;
11º The special conditions requested by the buyer and accepted by the seller;
12º The terms under which the buyer may seize the seller of a
claim for non-performance or improper performance of the contract, complaint to be sent as soon as possible, by registered letter with acknowledgment of receipt to the seller, (fax, email LRAR ...) and, if necessary, notified in writing, to the organizer of the trip and the service provider concerned;
13º The deadline of information of the buyer in the event of cancellation of the trip or the stay by the salesman in the case where the realization of the voyage or the stay is linked to a minimum number of participants, in accordance with the provisions of the 7º of Article R.
Cancellation conditions of a contractual nature;
15º The cancellation conditions provided for in Articles R. 211-9, R. 211-10 and R. 211-11;
Details of the risks covered and the amount of the guarantees under the insurance contract covering the consequences of the seller's professional liability;
17 ° Information concerning the insurance contract covering the consequences of certain cases of cancellation subscribed by the buyer (policy number and name of the insurer) as well as those concerning the assistance contract covering certain particular risks, in particular repatriation costs in case of accident or illness; in this case, the seller must give the buyer a document specifying at least the risks covered and the risks excluded;
18º The deadline for information of the seller in case of assignment of the contract by
19º The commitment to provide, in writing, to the buyer, at least ten days before
the scheduled date of departure, the following information:
(a) The name, address and telephone number of the seller's local representative or, failing that, the names, addresses and telephone numbers of the local bodies likely to assist the consumer in the event of difficulty or, failing that, the phone number for urgent contact with the seller;
b) For trips and stays of minors abroad, a telephone number and an address allowing to establish a direct contact with the child or the person in charge of his stay.
The clause of cancellation and refund without penalties of the sums paid by the buyer in case of non compliance with the obligation provided in 13) of Art. 211-4;
21º The commitment to provide, to the buyer, in due time before the beginning of the
travel or stay, times of departure and arrival.
Articles of reference of Art.211-6
7º The minimum or maximum size of the group allowing the realization of the trip or the stay as well as, if the realization of the journey or the stay is subordinated to a minimum number of participants, the deadline of information of the consumer in the event of cancellation of the trip or stay; this date can not be fixed less than twenty-one days before departure;
(13) where the contract includes air transport services, the information, for each section of flight, provided for in Art. R211-15 to R211-18;
Where the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it must mention the precise methods for calculating, both upwards and downwards, variations in prices, and in particular the amount of the transport costs and taxes related thereto, the currency or currencies that may affect the price of the trip or stay, the share of the price to which the change applies, the price of the currency or currencies retained as reference when establishing the price appearing in the contract.
When, prior to the departure of the buyer, the seller is obliged to make a modification to one of the essential elements of the contract such as a significant increase in the price and when he disregards the obligation of information mentioned in 13) of art. 211.4, the buyer may, without prejudging remedies for damages for possible damages, and after having been informed by the seller by any means to obtain an acknowledgment of receipt (fax, email, LRAR ...):
- either cancel his contract and obtain without penalty the immediate reimbursement of the sums paid;
- either accept the modification or the substitution trip proposed by the
seller; an amendment to the contract specifying the modifications made is then signed by the parties; any decrease in price is deducted from any sums still due by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of his departure.
In the case provided for in Article L. 211-14, when, before the departure of the buyer, the seller cancels the trip or stay, he must inform the buyer by any means to obtain an acknowledgment of receipt (fax, email, LRAR ...); the buyer, without prejudging recourse for compensation for any damage suffered, obtains from the seller the immediate refund of the sums paid without penalty;
the buyer receives, in this case, an indemnity at least equal to the penalty
that he would have borne if the annulment had
dated. The provisions of this Article shall in no way preclude the
conclusion of an amicable agreement for the acceptance by the buyer of a substitute trip or stay offered by the seller.
When, after the departure of the buyer, the seller is unable to provide a preponderant part of the services provided for in the contract representing a significant percentage of the price
honored by the buyer, the seller must immediately make the following arrangements without prejudging remedies for damages for:
- provide benefits in lieu of benefits provided for in
possibly supporting any additional price and, if the services
accepted by the buyer are of inferior quality, the seller must
refund the difference in price as soon as he returns;
- if he can not offer any replacement services or if they are refused by the buyer for valid reasons, provide the buyer,
at no extra cost, tickets to ensure his return in conditions that may be deemed equivalent to the place of departure or to another place accepted by both parties. the provisions of this article are applicable in the event of non-compliance with the obligation set out in 13) of art.R211-4
The prices provided for in the contract are not revisable, unless it expressly provides for the possibility of a revision both upwards and downwards and determines the precise methods of calculation, only to take account of variations:
(a) The cost of transport, including the cost of fuel;
(b) Fees and taxes relating to the services offered, such as landing, embarkation or disembarkation fees at ports and airports;
(c) Exchange rates applied to the trip or stay in question.
During the thirty days preceding the scheduled departure date, the price fixed in the contract may not be increased.
When, before the departure, the seller cancels the contract in the absence of fault of the buyer, the totality of the sums paid by the latter is returned to him, without prejudice to the damages and interests to which this one could claim
Any natural or legal person authorized to market air tickets shall inform the consumer, for each leg of the flight, of the identity of the contracting carrier as well as that of the actual carrier who will actually be in charge of the flight section or sections concerned, where this one is different from the contractual carrier.
For the purposes of the preceding paragraph, the notions of carrier
contractual relationship and de facto carrier have the same meaning as in the
for the unification of certain rules relating to air transport
International, signed in Montreal on May 28, 1999.
The information provided for in Article R. 211-15 must be communicated in writing or in any other appropriate form to the consumer, before the conclusion of the contract for the flight section or sections concerned.
The information provided for in Article R. 211-15 must be confirmed in writing, including electronically when such a means is used, when the contract is concluded.
However, for contracts concluded by telephone, the consumer receives, at his request, a written document confirming this information.
After the conclusion of the contract, the contracting carrier or the tour operator informs the consumer of any change in the identity of the carrier actually providing the flight segment or sections of the contract.
This change is brought to the attention of the consumer by any appropriate means, including through the natural or legal person who sold the air ticket, as soon as it is known. The
the consumer must be informed at the latest, obligatorily, at the time of check-in or before boarding operations when correspondence is effected without prior registration.
without prior registration.