General Terms and Conditions of Sale
The general terms and conditions of sale apply to all services made between:
- On the one hand, the Escal’OSud brand – whose registered office is: Escal’OSud, Crealead Hôtel de la Coopération, 55 rue Saint-Cléophas, 34070 Montpellier, registered with the institut national de la propriété industrielle (INPI) under the number 4501612,
- And on the other hand the client.
The general tems and conditions of sale define the rights and obligations of the parties within the framework of the contract of sale and provision of services. Any subscription to this contract implies prior knowledge of these general conditions as well as the client’s acceptance of their entire content.
- The client acknowledges having the capacity to contract, that is to say in particular of being of legal age.
- The client is responsible for his group, and as such undertakes to transmit all the information described in this contract to all participants and before the start of the chosen services: canyoning, climbing, via ferrata and hiking and abseiling.
- Escal’OSud: name of the commercial brand through which the sale and management of reservations for outdoor activities is carried out.
- Client: natural person designated in the reservation form by “last name and first name” who makes the reservation. This person is responsible for all the participants in his group.
- Participants: natural persons designated in the reservation form who make up the group as a whole (the client, the natural person designated in the reservation form by “last name and first name” who makes the reservation, included).
- Canyoning service: canyoning is an activity in the great outdoors which consists of progressing on foot in the bed of a stream or a river by following a route designed in advance. During the activity, it alternates between swimming, jumping, walking, abseiling and sliding.
- Climbing service: climbing is a sporting activity that can be practiced outside (natural climbing) on routes of one to several lengths or inside (artificial climbing) in private rooms or climbing gym. You learn climbing techniques, belaying and rappelling.
- Via Ferrata service: via ferrata is an activity in the great outdoors which consists of progressing on a circuit built into a cliff. It alternates between cliff progressions, ziplines, monkey bridges and abseils.
- Hiking and Abseiling service: the adventure course is an outdoor activity that consists of progressing on a varied itinerary designed in advance, alternating between hiking, climbing a cliff and abseiling.
Escal’OSud services begin at the start of the approach walk on the location of the activity (when leaving the car park where the vehicles are parked), and end at the end of the return walk (either on the same car park or on a second location as can be done in canyoning).
- Guide: professional supervisor of activities in canyoning, climbing, via ferrata, hiking and abseiling.
II TERMS AND CONDITIONS OF BOOKING SERVICES OF ESCAL’OSUD
To validate the reservation, the client must:
- Complete the entire reservation form.
- For institutional groups, a quote will be sent by email. The quote must be returned to us signed at least 15 days before the date of the activity. The signed quote acts as a reservation.
- For the registration of a group of at least 4 people, a deposit of 30% may be requested.
- As part of a group or registration for several people, the subscriber agrees to make known and approve the general conditions, as well as the description of the chosen activities to all participants.
III EFFECTIVE DATES AND DURATION OF THE CONTRACT
- The contract takes effect simultaneously with the validation of the reservation between the client and Escal’OSud. It ends at the end of the activity chosen by all the participants in the group, described in the reservation.
IV OBLIGATIONS OF ESCAL’OSUD TOWARDS THE CLIENT AND THE PARTICIPANTS
- Following the client’s reservation, Escal’OSud undertakes to send a message by email with the summary of the reservation request, specifying the information relating to the group as well as the total cost of the service.
- Escal’OSud undertakes to respond as soon as possible, with a reservation validation message by email, to validate or invalidate the reservation request, including a meeting place and time. This obligation disappears if this message is not received for reasons beyond its control (internet connection, SPAM, etc.).
- Once the reservation has been confirmed by email, Escal’OSud undertakes to make every effort to carry out the provision of services that the client has reserved.
- Escal’OSud is committed to providing the appropriate technical equipment for the performance of the service, to all participants in the activity.
- Escal’OSud undertakes to provide all the required legal certificates: up-to-date professional diplomas, professional civil liability insurance.
- Escal’OSud undertakes to declare to its insurer any event involving its own civil liability.
V OBLIGATIONS OF THE CLIENT AND PARTICIPANTS TOWARDS ESCAL’OSUD
- The client guarantees the accuracy of the personal information transmitted concerning all the members of the group:
Last name and first name, a valid phone number and email address, the date(s) of the activity, the level of the group (not very athletic – athletic – heterogeneous), the exact measurements of each participant for the canyoning activity.
- The client agrees to provide a completed parental authorization for minors 12 years of age and over who are registered without their legal representatives.
- The client agrees that he and all the participants in the group are in good physical condition for the practice of the activities.
- The client agrees that he and all the participants in the group are comfortable in the aquatic environment (not afraid of immersing themselves in the water) for the canyoning activity.
- Participants agree to bring the following equipment:
– Canyoning: a swimsuit, closed shoes with good ankle support (such as sneakers or walking shoes), a snack at the end of the activity and a liter of water per person.
– Climbing, Via ferrata, Adventure course: closed shoes with good ankle support (such as sneakers or walking shoes), hiking clothes, warm items, a snack or a picnic depending on the activity chosen and one liter of water per person.
- In the event of a medical problem, participants must inform the guide responsible for the group, on the morning of the outing and ensure that there is no medical contraindication to the chosen practice.
- Participants agree not to be under the influence of drugs, alcohol, or other medications, which may impair their ability to understand and their physical ability. Participants are responsible for taking medication for the duration of the service.
- Participants undertake to comply with the safety instructions which will be given to them by the professional guide responsible of the group, throughout the duration of the service.
- Special conditions for “adventure canyoning”: participants declare to be in good physical condition and have no injuries or injuries to the lower limbs (ankles, knees, hips, etc.) which would slow down the progress of the group. Escal’OSud advises the prior reservation of a sports canyon in order to assess the level and physical capacity of the participants.
- A meeting time is systematically communicated whatever the service and you are asked to go there with your means of transport. For the smooth running of the activities and out of respect for the other participants, the guides tolerate a delay of up to 20 minutes and they can decide to start the activity with the rest of the participants after this time has passed.
VI CANCELLATIONS AND GUARANTEES
- Escal’OSud does not guarantee availability on the desired dates. The reservation will be validated from the moment the client receives the reservation validation message.
- Escal’OSud has an obligation of means but no obligation of results. Escal’OSud cannot guarantee the completion of a perfect service, but will do everything in its power to achieve it.
- The routes, times and distances are only indicative. They are part of the current services provided by us but can not under any circumstances serve as a contractual basis.
- Cancellation of the activity at the initiative of Escal’OSud: if the weather conditions for the chosen activities (canyoning, climbing, via ferrata, adventure course) or the water level for canyoning endanger the safety of the participants, or if the guide considers that there is a danger for the participants due to an insufficient physical level, Escal’OSud reserves the right to cancel the outing at any time. The cancellation of the service results in the cancellation of the obligation to pay for the service, except in the case where the activity has already started when the entire group is on the practice site.
- For group bookings, if there are fewer participants than expected, the organizer must inform Escal’OSud at least 15 days before the date of the activity. Otherwise, any place reserved is due.
- Cancellation at the initiative of clients/participants: in the event of cancellation less than 72 hours before departure, Escal’OSud reserves the right to request cancellation compensation of up to 30%. In the event of cancellation less than 24 hours before the activity, Escal’OSud reserves the right to request full payment for the chosen activity.
- Refund is made only in the event of inability to carry out the activity, upon presentation of a medical certificate. This refund concerns only the person named in the said certificate.
VII PRICES AND CONDITIONS OF PAYMENT
- The prices displayed on www.escalosud.com act as up-to-date prices. They vary from 35€ to 450€ depending on the service chosen. The group rate applies from 5 participants registered in the same group.
- Participants undertake to pay in full for the service at the end of it. The client is responsible for the payment of all participants in his group (between whom there is a solidarity payment) and undertakes to cover the possible default and non-payment of one or more of the participants.
Legal proceedings could be initiated in the event of non-payment of the sums due (service chosen in canyoning, climbing, via ferrata, adventure course or cancellation compensation).
- Payment is made by check, cash, bank transfer or holiday vouchers.
- Any reduction cannot be maintained in the event of cancellation of one of the reserved days, or in the event of withdrawal by one or more persons in the group.
VIII GIFT CARDS
- The recipient of the gift card must contact us 15 days before the planned date in order to ensure our availability. They can book by email or by phone with Escal’OSud, mentioning their name or the number of the gift card.
- The gift card is valid as a means of payment with Escal’OSud. The gift card is personal. It is valid for 1 year from the date of issue.
- The gift card cannot be exchanged for cash or refunded.
- The activity of the gift card can be replaced by another activity provided that the value of the latter is less than or equal to the activity mentioned on the gift card. On the other hand, it is possible to carry out an activity for a higher amount by paying the difference.
- Any modification is made by email, by phone, mentioning the name or number of the gift card. Any modification must be made 15 days before the planned date in order to ensure our availability. For half-day, day, weekend and internship activities, the beneficiary must contact us 1 month before the planned date.
IX MISCELLANEOUS PROVISIONS
- Contact and complaints:
All inquiries, additional information, requests concerning services provided by Escal’OSud, must be returned to the following address:
Crealead Hôtel de la Coopération
55 rue Saint-Cléophas
Telephone: 07 83 82 61 22 all year round, 7 days a week from 9 a.m. to 7 p.m.
- Escal’OSud is not responsible for objects carried by participants throughout the duration of the service (mobile phone, watch, go pro, cameras, etc.). Cans whose absolute tightness cannot be guaranteed are only reserved for picnic provisions in canyoning.
- Image rights and right of privacy: all the images of participants (photographs or videos) taken during the service by the guide may be used by Escal’OSud, with the tacit consent of the persons filmed or photographed, provided that they are neither degrading nor demeaning.
- In accordance with the Data Protection Act of 1978, the client has the right to access and rectify personal data concerning him/her. Through us, the client may be required to receive information and proposals from other companies or associations. If the client objects, he/she can write to Escal’OSud.