Terms and Conditions of Sale – Nicolas Draperi – Mountain Guide

These Terms and Conditions apply exclusively to guiding services sold directly by Nicolas Draperi. All-inclusive packages sold by a partner organisation identified in the booking documents are governed by that organisation’s terms and conditions.

1. Service provider and scope

Nicolas Draperi — Mountain Guide

Qualification: French State Diploma in Mountaineering Instruction, Mountain Guide specialisation (Brevet d’État d’éducateur sportif d’alpinisme, option guide de haute montagne).

Sole trader (entrepreneur individuel, EI), not subject to VAT.

Sports instructor professional licence no. 00513ED0180.

95 Le Chambon, chemin du Son, 05310 Champcella, France.

SIRET business registration number: 52507348200024.

Telephone: +33 6 75 07 97 08.

Email: draperinicolas@hotmail.com.

• These Terms and Conditions apply to guiding services sold directly: mountaineering, rock climbing, via ferrata, ice climbing, off-piste skiing, ski touring and other activities within the guide’s professional authorisation. They cover private and group bookings, for single-day and multi-day activities. The contract comprises the booking form, the accepted programme or quotation, and these Terms and Conditions. Any expressly agreed specific provisions take precedence, subject to mandatory legal requirements.
• The client is the person who enters into the contract and undertakes to pay. The participant is the person taking part in the activity and may be someone other than the client. “Consumer” has the meaning given in the French Consumer Code. The provisions on consumer mediation apply to clients acting as consumers.

2. Objectives, prerequisites and mountain risks

• The plan is agreed with the participants according to their wishes, experience, technical ability, physical fitness and the anticipated conditions. Participants must give an honest account of their experience, technical ability and physical fitness.
• Before departure, each participant must inform the guide, in a private conversation, of any limitations or particular precautions that could affect their safety during the activity. No medical records or complete medical history are requested. If there is any doubt about whether their health is compatible with the proposed activity, participants should seek medical advice. The guide adapts the programme to the participant’s abilities without taking the place of a healthcare professional.
• Mountain activities involve uncertainties arising from weather, snow and terrain conditions, the number of people on routes, and participants’ experience, technical ability and physical fitness. Mountain hazards include falling rocks or ice, avalanches and crevasses. Professional guiding reduces these risks but cannot eliminate them or guarantee that an objective will be reached. The guide acts with due care and diligence. For participants’ safety, the guide may decide to modify, stop or cancel the activity before departure, at the start or while it is underway. The consequences for the programme and price are set out in Articles 8 to 11. Participants must follow instructions and report any difficulties. These obligations do not limit the guide’s legal liability.
• Participants must behave in a manner consistent with the group’s safety and must not take part under the influence of alcohol or substances that impair their abilities. The guide may suspend a participant’s involvement if their behaviour creates a danger, explaining the reason. Any financial consequences are assessed under Article 10, without prejudice to the client’s statutory rights.

3. Booking and payment

• Before making a binding commitment, the client receives the programme or quotation, the PDF booking form and these Terms and Conditions. These documents specify the dates, prerequisites, prices and foreseeable additional expenses.
• The contract is formed when the guide has received the signed booking form and an advance payment of 50% of the total guiding fee stated in the quotation. The guide sends written confirmation recording the booking; this confirmation is not an additional condition for forming the contract. The advance payment is an acompte under French law, committing both parties to the contract, rather than arrhes, which allow withdrawal subject to the applicable financial consequences.
• The balance is payable no later than the start of the outing, unless an earlier deadline was specified before booking.
• Where a booking is made too close to departure for the advance payment and balance to be paid separately beforehand, the arrangements for full payment are stated in the quotation before the client commits.
• Accepted payment methods are bank transfer, cash within legal limits, cheque and bank card.

4. No statutory right of withdrawal

• Guiding services booked for a specific date or period are not subject to the fourteen-day statutory right of withdrawal, in accordance with Article L.221-28, paragraph 12, of the French Consumer Code.
• The client may nevertheless cancel their booking under the conditions and cancellation fee schedule set out in Article 7, “Cancellation by the client before departure”.

5. Prices, equipment and additional expenses

• The guiding fee is stated in euros, inclusive of all applicable taxes, either per participant or as a total for the group. It includes guiding and the shared equipment specified in the offer: rope, quickdraws, radio, first-aid kit, etc. Personal equipment is not included as standard unless specifically agreed.
• All-inclusive packages sold by the partner organisation fall outside the scope of these Terms and Conditions.
• The quotation specifies the total guiding fee and each client’s contractual share. A participant’s cancellation does not automatically increase the other participants’ shares. Any proposed supplement to allow the activity to go ahead requires their prior agreement. Cancellation fees for the client concerned are calculated on their contractual share under Article 7, without charging twice for the same services. Participants remain responsible for:
  • their own equipment and any equipment hire;
  • their accommodation, meals, transport and ski lifts or cable cars;
  • the guide’s accommodation, lunches and evening meals, transport and ski lifts or cable cars;
  • drinks and personal expenses.
• Before booking, foreseeable expenses charged by external providers are presented as a realistic estimated range based on known prices. This estimate is neither a guaranteed fixed price nor a contractual cap: the amounts actually payable depend on the providers’ rates and the agreed services.
• The quotation specifies which of the guide’s expenses are payable by participants and how they are shared. The guide informs clients of any known changes to the estimates. Any new expense, programme change or change in how costs are shared that results in additional charges is discussed and agreed before those costs are incurred.
• Expenses charged directly by the guide are stated in the quotation, either as an amount or with the method used to calculate them.
• A flat-rate travel charge may apply for the guide’s journey to and from the meeting point. Its amount, the journeys covered and the expenses included are specified in the quotation or booking form before the client commits.
• When the guide’s vehicle is used for journeys required for the activity, costs are calculated at €0.60 per kilometre travelled per vehicle, including fuel, maintenance and wear, plus actual toll and parking charges. No additional fuel charge applies. These costs are shared between participants as agreed before booking. The journeys and estimated mileage are specified in the booking documents. Kilometres already covered by the flat-rate travel charge are not charged again. Any additional travel resulting from a programme change is discussed and agreed before the costs are incurred.
• When a participant’s vehicle is used, the guide does not contribute to transport costs. Participants agree between themselves how to share these costs. The driver remains responsible for driving and must check that their insurance covers the journey. These arrangements do not exclude anyone’s legal liability.

6. Accommodation payments advanced on the client’s behalf

• The guide may advance payments on the client’s behalf to secure accommodation bookings. The nature of these payments and the applicable conditions are determined by the accommodation provider and communicated to the client before any commitment is made.
• When the trip goes ahead, the client reimburses these advances to the guide during the trip, against supporting documentation. These payments are deducted from the balance still payable to the accommodation provider.
• If the trip is cancelled, the client reimburses payments advanced on their behalf by the guide, against supporting documentation, only insofar as they are neither refunded by the accommodation provider nor taken over by a replacement participant.
• This provision does not apply when the guide cancels because they are unavailable and no replacement is provided, or because the minimum number of participants has not been reached: in those cases, the guide bears these costs.
• Any subsequent refund received from the accommodation provider is passed on to the client within the timeframe specified in Article 7.

7. Cancellation by the client before departure

• The client must notify the guide of any cancellation in writing, by email or post using the contact details in Article 1, as soon as possible. Notice is calculated in calendar days between receipt of the notification and the start of the service.
• Cancellation fees are calculated on the client’s contractual share of the total guiding fee, according to the following schedule:
  • More than 60 days before the start: 0%.
  • Between 60 and 31 days inclusive: 25%.
  • Between 30 and 5 days inclusive: 50%.
  • Fewer than 5 days: 100%.
• Amounts already paid are deducted from the cancellation fees; any excess is refunded and any outstanding amount remains payable.
• If the client cancels, the guide will endeavour to find one or more replacement participants, without guaranteeing that they will book. If the replacement covers all the booked dates and the same guiding fee, no guiding cancellation fee applies: the advance payment and any other amounts paid for guiding are refunded to the client in full.
• Accommodation advances are dealt with under Article 6. If no replacement meeting these conditions is found, the cancellation fee schedule remains applicable.
• A request by the client to postpone does not alter the booking until a written agreement has been reached. Without such an agreement, the client either retains the booking or cancels it under the cancellation fee schedule.
• Guiding refunds provided for in Articles 7 to 11 are made within fourteen days of cancellation or confirmation of a replacement giving entitlement to a refund. Accommodation refunds received subsequently are passed on within fourteen days of receipt.
• These provisions apply subject to mandatory legal requirements and any applicable circumstances of force majeure. Cancellation insurance is strongly recommended.

8. Guide unavailability

• The guide may entrust the guiding to a suitably qualified, authorised, insured and competent colleague. The client is informed of their identity and qualifications as soon as possible.
• Nicolas Draperi remains responsible for the contract and payment arrangements. The replacement does not result in any additional charge or reduction in the services provided or the client’s rights.
• If the contract specifies that Nicolas Draperi’s personal presence is an essential condition of the booking, replacement requires the client’s agreement. If no agreement is reached, all amounts paid for guiding are refunded in full.
• If no replacement is provided, all guiding payments are refunded in full and Nicolas Draperi bears any non-recoverable accommodation advances. The same applies when the client declines a replacement in the specific circumstances described in the preceding paragraph.
• These refunds do not deprive the client of any other statutory rights to compensation.

9. Mountain conditions and programme changes

• When weather, snow or terrain conditions, or the number of people on the route, prevent the planned programme from being carried out with an acceptable level of safety, the guide consults the participants to seek an alternative on the same dates, of a comparable level and suited to their abilities: rock climbing, via ferrata, mountaineering, ice climbing, off-piste skiing or ski touring. This alternative is sought within an area accessible in no more than two and a half hours’ driving from the original meeting point, depending on traffic and access conditions.
• Before carrying out the replacement programme, the guide presents the new objective, any additional travel and expenses, and the corresponding guiding fee to the client. The fee may be increased or reduced with the client’s agreement.
• This rule also applies to a new programme agreed during the activity. Immediate safety measures remain the guide’s responsibility.
• Substantial changes include, in particular, a change of activity, dates, duration, difficulty or prerequisites, an increase in the guiding fee, or travel beyond the agreed area.
• Route adjustments within the same activity, compatible with the group’s abilities and without significant changes to the agreed conditions, may form part of normal programme adaptation. The guide explains the changes and obtains any necessary agreement.
• Declining a substantial change does not incur guiding cancellation fees: a postponement may be agreed, or guiding services not provided are refunded. Accommodation advances are dealt with separately under Article 6.
• If no alternative is possible and the guide decides to cancel before the activity starts, postponement is offered as the preferred option. The client remains free to accept or decline; if no agreement on postponement is reached, all amounts paid for guiding services not provided are refunded in full. Accommodation advances are dealt with under Article 6. No general deduction for the guide’s preparation, booking or travel expenses is made from the guiding refund.
• The guide retains the final decision on safety and whether to abandon an objective, without prejudice to the client’s contractual rights.

10. Stopping or interrupting an activity

• The guide may change the route, turn back or stop the activity whenever safety requires it.
• A day is considered to have started when the planned guiding actually begins at the agreed meeting point. Reaching the summit or the original objective is not guaranteed.
• If an activity is interrupted, charges take account of the service actually provided, the reason for stopping and the applicable law. The basis for calculating the value of individual days is specified in the quotation.
• For a multi-day service, if mountain conditions prevent the programme from continuing, the guide seeks an alternative under Article 9. If none is possible, days not provided are either postponed by mutual agreement or refunded.
• If a participant withdraws, the guide distinguishes between days provided and days not provided. The financial consequences are determined according to the reason for withdrawal and the applicable contractual cancellation fees, subject to the client’s statutory rights.
• Illness, injury, insufficient physical or technical ability, and exclusion for safety reasons are not automatically treated as withdrawal for personal convenience. Their consequences are assessed according to the circumstances.
• These provisions do not limit the client’s rights in the event of a breach of the guide’s obligations.

11. Minimum number of participants

• The minimum number of participants is stated before booking. If it is not reached, the guide may cancel the activity and must inform clients no later than seven days before departure. Before cancelling, the guide may propose a shorter duration, a price adjustment or postponement, only with the agreement of the participants concerned. If no agreement is reached, all amounts paid for guiding are refunded in full and the guide bears any non-recoverable accommodation advances, in accordance with Article 6.

12. Personal equipment and equipment provided

• Participants must bring the requested equipment and raise any concerns about its condition. The guide may reject unsafe equipment. Equipment provided must be used according to instructions and returned. For loss or damage attributable to a participant, compensation must be justified and based on repair costs or replacement value allowing for age and wear; normal wear and tear and damage not attributable to the participant are excluded.

13. Insurance

• Nicolas Draperi holds professional liability insurance with VHV Assurance France, whose registered office is at 25 rue Marbeuf, 75008 Paris, France, under APSO group policy no. FR11-RCE22P00010.
• This insurance covers the financial consequences of his professional liability for the declared activities, within the policy’s terms and limits. Activities above 7,000 metres are excluded.
• This cover does not guarantee payment of all accident-related expenses. Each participant is very strongly advised to hold insurance appropriate to the activity, covering personal liability, bodily injury, medical expenses, search and rescue, and repatriation. Cancellation insurance is also recommended.
• Participants must check with their insurer that their cover includes the activities and countries concerned, together with any altitude limits, excesses, coverage limits and exclusions. The guide does not systematically check participants’ personal insurance policies.
• Search, rescue, evacuation, medical treatment and repatriation expenses charged to a participant may remain payable by that participant, depending on local rules and their insurance cover. This information does not prejudice any claim against a liable party and does not limit the guide’s legal liability.

14. Complaints and mediation

• Complaints should be sent by email or post using the contact details in Article 1. Reporting a difficulty promptly helps resolve it, without shortening any statutory time limits. The mediator’s details are:

Name: Société Médiation Professionnelle (SMP).

Address: Médiation Professionnelle — Médiateur de la consommation — Alteritae, 5 rue Salvaing, 12000 Rodez, France.

Website: https://www.mediateur-consommation-smp.fr/

Online mediation request: https://www.mediateur-consommation-smp.fr/demander-une-mediation/

Service provider’s SIREN business registration number to enter: 525073482.

• A mediation request may be submitted after a prior written complaint has remained unresolved, subject to the mediator’s admissibility conditions, and no later than one year after that complaint. Mediation is free of charge and optional for the consumer; it does not deprive either party of the right to bring proceedings before the competent court.

15. Applicable law

• French law applies, subject to applicable mandatory protections. The competent courts are determined by the applicable legal rules, without imposing exclusive jurisdiction on the courts where the guide is domiciled. If a clause is set aside, the remaining clauses continue to apply provided that the contract can remain in effect.