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General terms and conditions of sale

of the Tourist Office of the Monts de Genève

General conditions of sale of tourist services

Preamble

Tourist Office
The Tourist Office of the Monts de Genève, Haute-Savoie, France, also named “OT MDG”, is a Public Industrial and Commercial Establishment (EPIC) whose head office is 2, Place de la Gare – 74 100 Annemasse registered at the RCS of THONON LES BAINS under the n°522 025 444, represented by its Director, Mrs. Carole Incandela.
Telephone of the reception switchboard : 04 50 95 07 10/ 04 50 04 71 63
Telephone of the sales department 04 50 95 88 97
Generic e-mail : ot@montsdegeneve.com
e-mail of the sales department : commercial@montsdegeneve.com
Website : http://www.montsdegeneve.com
Reservation center: https://reservation.montsdegeneve.com/
Address of the Annemasse reception: 2, Place de la Gare 74100 Annemasse
Address of the Neydens reception: Center commercial VITAM – 500 Impasse des Envignes, 74160 Neydens
The OT MDG des Monts de Genève, Haute-Savoie, France is listed as a travel and tourism operator under number IMO74110056 with Atout France.

Professional Liability Insurance Company and policy number:
Professional Liability: MAIF Company policy number: 3836428T
The guarantee covers, within the limit of €5,000,000 per claim:
➔ Bodily injury and property damage resulting from an event of an accidental nature caused to clients, service providers or third parties,
➔ Additional costs borne by clients, directly attributable to the non-performance or poor performance of the services provided for in the contract as well as the payment of damages corresponding to the loss of enjoyment suffered by the client,
➔ The contract furthermore includes repatriation cover, in particular in the event of a major climatic event with the exception of those that occur during navigation.)

Financial Guarantee
Subscribed with Groupama Assurance – Crédit & Caution
126, rue de la Piazza – 93199 Noisy-le-Grand cedex
Contract No. 4000714407/1 – Unlimited guarantee for the guarantor – Validity from January 1, 2019 to December 31, 2021.
Hereinafter referred to as “OT MDG” or “the Tourist Office”.

Definitions

Customer
Any natural person of legal age and capacity or legal entity, having the status of consumer or non-professional within the meaning of the Consumer Code, or traveler within the meaning of the Tourism Code, who reserves or purchases a Good or Service from the MDG OT within the framework of these general terms and conditions of sale (hereinafter referred to as “the Customer”).

Tourist Service(s)
Services ordered or booked with OT MDG, which may be a travel service or a tourist package within the meaning of Article L. 211-1 of the Tourism Code (hereinafter referred to as “Service(s)”).

Provider
A natural or legal person who performs the Service(s) for which the reservation is made through, or promoted by, OT MDG (hereinafter referred to as “the Provider”).

Group
A group is the gathering of at least 10 pre-constituted persons who visit the same place(s) together, and present themselves prior to booking as such.

ARTICLE 1 – PURPOSE AND SCOPE

Prior to any reservation, the Customer declares that he/she has read the present General Conditions of Sale of Goods and Services, (hereinafter CGV), which can be seen and consulted either at the OT MDG counters (Espace VITAM for the Saint-Julien-en-Genevois region or Esplanade François Mitterrand for the Annemasse region), or on the Central Reservation Desk of the OT MDG. They apply by operation of law, except for special written derogatory conditions, to sales of goods and reservations for services with OT MDG made through all distribution and marketing channels.
In the event that one of the provisions of these GTCs is declared null and void or without effect, this provision shall be deemed unwritten, without affecting the validity of the other provisions.

ARTICLE 2 – PRECONTRACTUAL INFORMATION

The Customer acknowledges that he/she has been provided, prior to placing his/her order and/or concluding the contract, in a legible and comprehensible manner, with these general and special terms and conditions of sale and with all the information listed in Article L. 221-5 of the Consumer Code as well as Article R. 211-4 of the Tourism Code.
The Customer further acknowledges having been provided with the form taken in application of the decree of March 1, 2018 “fixing the model information form for the sale of travel and stays”. This having been sent to him at the same time as these GTC as well as the contract, the pro-forma invoice, the request for a deposit preceding the validation of the order by the Customer.

ARTICLE 3 – RESERVATION

In the case of a Service performed in Switzerland, the Client must be in possession of a valid identity document, and an authorization to leave the country for minors.
The reservation request is only deemed confirmed upon receipt of the payment of a deposit of 30% of the total amount of the Service, 30 days before the provision of the Service. If the time remaining between the date of the reservation request and the date of delivery of the Service does not allow for the payment of the deposit within the time limit, the Client must proceed directly to the payment of the totality of the pro forma invoice, at least 6 working days before the date of delivery of the Service. Upon receipt of this payment, OT MDG deems that the Client accepts the terms, conditions, and prices of its Service.

3.1 Accommodation Reservation

OT MDG may be required to offer an accommodation reservation service on its Central Reservation System, for which the reservation conditions are as follows.
The rates and availability indicated correspond to the information base communicated by its Partners. The accommodations granted to the MDG Tourism Office are allocated in the form of allotments (quotas of fixed or variable rooms blocked by the MDG Tourism Office with the hotel(s), and subject to option deadlines)
If exceptionally (reservation error or unforeseen accident in the accommodation), the accommodation(s) selected were no longer available at the time of the Client’s arrival, the Provider shall offer the following solutions to the Client, without any additional cost to the Client.
– Provide the Customer with an equivalent number of accommodations to the reservation, in another establishment of equal or higher class, at a price equal to or less than the price of the reserved accommodation(s),
– Offer the Customer transportation to such accommodation. The transportation must be free of charge or paid for by the accommodation provider in question,
In the case of accommodation booked on the MDG Tourism Office’s Central Reservation System, only the confirmation email sent by the MDG Tourism Office is deemed to be definitive confirmation of the booking made by the Client.
The Client will be obliged to comply with the Provider’s internal regulations, in particular with regard to the conditions of acceptance of domestic animals. The Contract or voucher will specify whether or not the Customer may stay with a pet and, if so, whether or not there is a surcharge for the pet.
In the event of non-compliance with the Provider’s rules and regulations, the Provider may refuse to provide the Tourist Service. In this case, no refund will be made.
In case of late arrival, the Customer is strongly advised to inform the Provider directly of his arrival time. The Customer must refer to the opening hours of the reserved establishment. Any penalty for late check-in or check-out will be charged to the Customer.

People with Reduced Mobility (PRM): in his or her own interest, the Customer must mention, upon his or her reservation request, that the services and in particular the accommodation booked for his or her stay meet the required standards for People with Reduced Mobility.
Other incompatibilities requiring notification at the time of booking: Clients suffering from claustrophobia who are unable to use an elevator must mention their wish to be accommodated on the first floor or to be able to access the accommodation provided by way of stairs. In addition, allergies to dust mites, feathers, etc., must also be indicated at the time of booking.

3.2 Catering Reservation

In the event of dietary habits, restrictions, diets, or intolerances, the Client must notify the MDG OT, in writing, at least 15 days in advance so that the restaurateur or caterer can react and offer an adapted menu.
Any delay by the Client not communicated to the Provider may be penalized. In the event that the restaurant owner or caterer is unable to accommodate the Client, no refund will be provided.

3.3 Reservation of space (meeting, reception, congress, etc.)

The Client must inform the MDG OT in writing of any significant changes to the number of participants in the event, no later than 11 days before the start of the Event, in compliance with Art. The space rented or made available to the Client must be returned in the same condition as when the guests were installed. Any breakage will be billed directly to the Customer by the Provider.

3.4 Transportation Reservation

The Customer shall communicate in writing the number of persons to be transported as well as the exact pick-up and drop-off addresses. Without accurate information from the Customer on the day of booking, the offer will not be guaranteed.

3.5 Booking of leisure, cultural, sports or other activities

The Customer must communicate in writing the number of persons as well as the different ages of the participants. Without precise information from the Client on the day of the reservation, the maintenance of the offer will not be guaranteed.
Any minor must be accompanied by an adult.
For sports activities, the OT MDG will inform the Client on the day of the reservation, of the necessary equipment if it is not the subject of a loan or rental by the Provider.
Outdoor activities may be subject to bad weather conditions, refer to Art.6.2. relating to the conditions of modification and cancellation due to the vendor.

3.6 Voucher – Presentation

After receipt of full payment, and before the start of the Service, OT MDG undertakes to send a voucher to the Client.
This voucher summarizes all the Services purchased, with, if necessary, the period of validity and / or the places and times of the beginning of each Service. The Customer must keep this document, and be able to present it to any verification or control. It must be presented in order to obtain the purchased Service(s).
The Customer must show up at the date, time and place of appointment stipulated on his voucher.
The dates and times indicated must be respected in order to guarantee the proper conduct of the Service. In the event of delay due exclusively to the Customer, a “rescheduled activity” day may be offered to the Customer, only if possible and with the express agreement of the Provider. If no alternative date can be found, the Client alone is responsible for the delay and no refund or compensation will be made.

3.7 Formalities

The MDG OT informs the Client of the various formalities required for the execution of the Service.
Completion of these formalities is the sole responsibility of the Client. No reimbursement can be made if the customer does not show up at the times and places mentioned on his voucher.

ARTICLE 4 – ABSENCE OF RIGHT OF WITHDRAWAL

As this is a matter of services and accommodation, transport, catering, leisure activities that must be provided on a specific date and according to a specific periodicity, the right of withdrawal does not apply (Article L. 221-28 of the Consumer Code). Article L.221-2 of the Consumer Code also excludes this option for passenger transport and tourist packages. OT MDG avails itself of this lack of right of withdrawal and indicates that for all Services falling within the scope of Article L. 221-28 or L. 221-2 of the Consumer Code, the Client will not have any right of withdrawal.

ARTICLE 5 – PRICES AND PAYMENT TERMS

5.1 Final price and additional taxes

Prices are indicated in euros including VAT at the rate in force on the day of the reservation, included.
The price is indicated per person, except in the case of a group reservation where the price may be announced for the entire group.
Except in the case of Tourist Packages with the express possibility of price revision, the price is firm.

In the case of an accommodation service, the price includes the facilities listed in the description of the accommodation. It does not include any additional local taxes (tourist tax in particular when applicable in accordance with the regulations in force) to be paid by the Client directly to the service provider, on site. These taxes are added in addition to the price indicated on the order form or exchange form, and are payable by the Client.

In the context of a Catering Service, any extra or supplement not included in the proposal of the MDG OT will be payable by the Client.

Unless mentioned in the contract, the price does not include pre- and post-transportation, the single room supplement, on-site transportation, optional insurance or personal expenses which remain payable by the Client.

The MDG OT will charge the Client an administration fee and, depending on the case, secretarial / technical assistance fees according to deliberation N°2021-14 dated November 10, 2021:
– Administration fee excluding VAT per person: €5.00 from 01 to 09 pers, €3.00 from 10 to 19 pers, €2.00 from 20 to 49 pers, €1.50 from 50 to 100 pers and +€0.50 per person above 100 people.
– Secretarial fees / Technical assistance: per hour and per person commissioned on estimate at the request of the client:

  • Daytime 8:00 am/6:00 pm (Monday to Friday): 45.00 € excl. tax
  • Nighttime 6:00 pm/8:00 pm (Monday to Friday): 50% increase
  • Saturday, Sunday and holidays: 50% increase of the daytime and nighttime hours.

These fees will be announced prior to the signing of the contract between MDG OT and the Client, and then invoiced.
The fee remains with MDG OT regardless of the outcome of the reservation (downsizing, partial or total cancellation of the file).

5.2 Payment methods

Unless otherwise agreed, all reservations are paid in cash for the Central Reservation Products sold at the counters.
Payment for Services reserved at the counter is made in cash within the legal limit, bank card, valid vacation vouchers, or cheque made out to the Treasury.
Payment on the Central Reservation website can only be made using a bank card. No other means of payment can be granted.
Whatever the method of payment, the client must pay the full cost of the Event, at the latest before the beginning of the Event, without any reminder from the MDG Tourism Office being necessary.
In the event that the client does not pay the balance before the start of the Event, or has a default in payment, or has an incorrect address, OT MDG reserves the right to consider this to be a cancellation by the client and to apply accordingly the cancellation conditions provided for this purpose and defined in Article 6.1.

5.3 Price Revisions

In accordance with Article L 211-12 of the Tourism Code, the price may however be modified upwards or downwards after validation of the reservation to take into account the evolution:

1° Of the price of passenger transportation resulting from the cost of fuel or other energy sources or.
2° Of the level of taxes or charges on travel services included in the contract imposed by a third party not directly involved in the performance of the contract, including tourist taxes,
landing or embarkation and disembarkation taxes at ports and airports or.
3° Exchange rates in relation to the contract.

The possible application of a price increase in application of the previous paragraph will be notified in a clear and understandable manner to the Customer and accompanied by a justification and a calculation, on a durable medium, no later than twenty days before the beginning of the services.
Reciprocally, the Customer is entitled to a price reduction corresponding to any decrease in the costs mentioned in 1°, 2° and 3°, which occurs after the conclusion of the contract and before the start of the trip or stay.

ARTICLE 6 – MODIFICATION OR CANCELLATION

In the absence of specific conditions for modification or cancellation, the conditions for cancellation are as follows:
In the event of modification or cancellation, the Client must inform the MDG OT in writing:
– For individual customers: the reception team by email (ot@montsdegeneve.com) or by post (2, Place de la Gare, 74100 Annemasse).
– For Group customers: the sales team by email (commercial@montsdegeneve.com), or by postal mail (2, Place de la Gare, 74100 Annemasse).
Requests for modification or cancellation must obligatorily mention the reservation number, name and contact information of the persons concerned by the modification or cancellation.

6.1 Cancellation:

  • Cancellation by the customer

The Customer has the right to cancel his reservation at any time. The date of receipt of the email or postal mail determines the date of cancellation. Regardless of the date of cancellation, the application fee and/or secretarial fee will be retained by OT MDG and will not be refunded.
Any Service started is considered as consumed by the Client and will not give rise to any refund or credit. In the event that the Client does not show up at the place and time of the beginning of the service, OT MDG will retain the full amount of the Service.
An amicable agreement is always preferred. However, in the absence of an agreement, the rules for cancellation due to the Client carry the following financial consequences:

– Cancellation more than 31 days before the date of the services: cancellation without charge,
– Cancellation between the 30th and the 21st day inclusive before the date of the services: withholding of 30% of the total TTC amount of the pro forma invoice,
– Cancellation between the 20th and the 15th day before the date of the services: withholding of 50% of the total TTC amount of the pro forma invoice,
– Cancellation between the 14th and 8th day before the date of the services: withholding of 70% of the total TTC amount of the pro forma invoice,
– Cancellation less than 8 days before the date of the services: withholding of 100% of the total amount of the pro forma invoice.

This cancellation fee will not be due if the contract is terminated due to exceptional and unavoidable circumstances, occurring at or in the immediate vicinity of the destination and having a significant impact on the performance of the contract. In this case, MDG OT will make a full refund of payments made, but will not result in additional compensation;

  • Cancellation due to the Provider or the Tourist Office

In the exceptional case where OT MDG is forced to cancel a booked service, the Client will be entitled to additional compensation, which corresponds to that which would have been borne by the Tourist Office if the cancellation of the contract had occurred due to the Client, as indicated above.

However, the MDG TO will not be liable for any additional compensation, if the termination of the contract occurs in the following two cases:

1) The number of persons registered for the trip or stay is lower than the minimum number indicated in the contract. In this case, MDG OT notifies the Client by email or mail of the cancellation of the contract within the time limit set in the contract, according to the following schedule:

– Twenty days before the start of the trip or stay in the case of trips lasting more than six days,
– Seven days before the start of the trip or stay in the case of trips lasting from two to six days,
– Forty-eight hours before the start of the trip or stay in the case of trips lasting no more than two days.

2) MDG OT is prevented from performing the contract due to exceptional and unavoidable circumstances. In this case, OT MDG shall notify the traveler of the termination of the contract by email or any written document as soon as possible before the start of the trip or stay.

6.2 Modification:

  • Due to the Customer
    In the event of a request for modification, OT MDG will make every effort to satisfy the Customer. However, a modification will only be possible with the express agreement of the Provider, and may be subject to charges according to the Provider’s own schedule. The request for modification must be formulated and accepted in writing.
    In case of important modification (in particular the dates of stay, the number of participants, the content of the Service, drop-off locations): neither the MDG OT nor the Provider are obliged to accept any request for modification of the booked Service.
  • From the Provider or the Tourist Office
    The MDG TO has the possibility to unilaterally modify the clauses of the Contract after it has been concluded and before the start of the Tourist Service, without the Client being able to object, provided that the modification is minor and that the Client is informed of it as soon as possible in a clear, comprehensible and apparent manner on a durable medium.

If the MDG TO is forced to unilaterally modify one of the main characteristics of the contract within the meaning of Article R. 211-4 of the Tourism Code, that it cannot meet the particular requirements agreed with the Client, or in the event of a price increase of more than 8%, it shall inform the Client as soon as possible, in a clear, comprehensible and apparent manner, on a durable medium: of the proposed changes and, if applicable, their impact on the price of the trip or stay; of the reasonable period of time within which the Client must communicate to the OT MDG the decision it is making; of the consequences of the traveler’s failure to respond within the set period of time; if applicable, of the other service proposed, as well as its price.

When the changes to the contract or the alternative service result in a reduction in the quality of the trip or stay or in its cost, the traveler is entitled to an appropriate price reduction.

If the contract is terminated and the Client does not accept an alternative service, MDG OT will refund all payments made by or on behalf of the Client as soon as possible, and no later than fourteen days after the contract is terminated.

ARTICLE 7 – CANCELLATION INSURANCE

For any booking request, the Client will be offered cancellation insurance. If the Client wishes to benefit from it, he/she must subscribe to it at the same time as the reservation of his/her Event. The terms and conditions of this insurance are available on written request from the OT MDG Sales Department, by email  (commercial@montsdegeneve.com) or by post (2, Place de la Gare, 74100 Annemasse). Chapka Assurances is a specialist travel insurance broker who has negotiated the Cap Groupe contract with the insurer AXA (Axa Assistance policy no. 2243707).

ARTICLE 8 – EXCEPTIONAL AND UNINEVITABLE CIRCUMSTANCES

Any circumstances beyond the parties’ control preventing the performance under normal conditions of their obligations shall be considered as causes of exoneration of the parties’ obligations and shall result in their suspension.

The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance. Will be considered as cases of exceptional and unavoidable circumstances, in addition to those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers, measures to combat the spread of an epidemic emanating from the public authorities such as measures of confinement or restriction of movement.

In accordance with Article 6.1, in the event of cancellation by the Client due to exceptional and unavoidable circumstances occurring at or in the immediate vicinity of the destination and having a significant impact on the performance of the contract, MDG OT will proceed with a full refund of the payments made, without, however, entailing any additional compensation.

ARTICLE 9 – POSSIBILITY FOR THE CUSTOMER TO ASSIGN HIS CONTRACT

In accordance with Article L. 211-11 of the Tourism Code, the Customer has the possibility, with reasonable notice sent to OT MDG on a durable medium before the start of the performance of the service, to assign the contract to a person satisfying all the conditions applicable to this contract.

In any event, the client is required to inform OT MDG of his decision by any means that allows for an acknowledgement of receipt no later than seven days before the start of the trip.

The transferor of the contract and the transferee are jointly and severally liable for the payment of the balance of the price, as well as any fees, charges or other additional costs incurred by this transfer.

ARTICLE 10 – PERSONAL DATA

10.1 Data collected

In the context of its activities, OT MDG has the possibility to implement and exploit the following personal data processing: name, first name, email address, telephone, postal address, date of birth, age, family situation, personal tastes, and in the case of a commercial transaction between the Client and OT MDG, the Client’s bank details.

10.2 Purpose

The collection of this personal data is essential to the contractual execution and in case of refusal to communicate it, the Customer is exposed to difficulties in the execution of the service which cannot give rise to the engagement of the OT MDG’s responsibility.

This personal data is collected for the exclusive purpose of ensuring the management of the Tourist Office’s Customers in the context of the conclusion of the contract and its execution, based on the Customer’s consent. They are used only for the purposes to which the Customer has consented.

More specifically, the purposes are as follows:
– Identification of persons using and/or reserving services
– Formalization of the contractual relationship
– Realization of the services reserved with the MDG OT
– Management of contracts and reservations (in particular allocation of rooms, management of travel)
– Communication to partners with a view to the realization of services by the partners concerned
– Accounting in particular management of customer accounts and monitoring of customer relations
– Processing of operations relating to customer management
– Commercial communications and canvassing, animation.

10.3 Persons authorized to access data

Persons authorized to access data collected within OT MDG are as follows: OT MDG employees and its partners involved in the Services requested by the Client, and where applicable, OT MDG’s subcontracted service providers involved in the performance and/or administration of the Services and being brought in as such to intervene in the processing, it being then specified that in such a case, whether partners or subcontractors, this is done in compliance with the regulations in force.

10.4 Data retention

These personal data collected are kept for the legal retention period relating to the purpose of the processing and at most up to 3 years following the commercial relationship.

Personal data relating to the Customer’s bank card are kept exclusively for the period necessary for the completion of the transaction at the end of which they are deleted.

Personal data relating to a prospect who would not enter into a reservation contract with OT MDG are kept for a period of 2 to 3 years following the first contact of the prospect.

Personal data necessary for the dispatch of the newsletter are kept for as long as the customer does not unsubscribe.

The MDG OT implements organizational, technical, software and physical digital security measures to protect personal data from alteration, destruction and unauthorized access. OT MDG has taken the necessary steps to ensure that all of its subcontractors comply with the RGPD regulations.

OT MDG has formalized the rights and obligations of Clients with respect to the processing of their personal data within a document called the Privacy Policy or RGPD, which can be accessed at the following address: https://www.montsdegeneve.com/mentions-legales/ Privacy Policy section and on request from the MDG OT.

10.5 Rights of the holder of the data collected

In application of the applicable regulations on personal data, each user has the right to query, access, modify, oppose and rectify, on legitimate grounds, the collection and processing of his or her personal data. It is possible to request that this data be rectified, completed, clarified, updated or deleted.
These rights can be exercised by writing a letter or a signed email to the Data Protection Delegate of the MDG OT, at the following address Office de Tourisme des Monts de Genève, 2, Place de la Gare, 74100 Annemasse, or DPO.RGPD@montsdegeneve.com enclosing a copy of your ID or proof of identity with your request.

At any time, the Customer may lodge a complaint with the CNIL according to the procedures indicated on its website (https://www.cnil/fr).

10.6 Modification of the clause

The MDG OT reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a change is made to this personal data protection clause, OT MDG undertakes to publish the new version on its website, and will also notify users of the change by email, at least 15 days before the effective date.

10.7 Opposition to telephone canvassing

The Customer has the option of registering on the telephone canvassing opposition list on the following website: http://www.bloctel.gouv.fr/.

ARTICLE 11 – LEGAL GUARANTEE OF CONFORMITY

The OT MDG is bound, for any service that it markets directly to the counters, by the legal guarantee of conformity mentioned in Articles L. 217-4 to L. 217-13 of the Consumer Code and the warranty for hidden defects under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code.

In accordance with Article R 211-6, 4° of the Tourism Code, the Client may promptly contact OT MDG at the contact details listed in the preamble to these general terms and conditions of sale, in order to communicate with it effectively, request assistance if the Client is in difficulty or complain about any non-conformity found during the execution of the trip or stay.

The OT MDG is the guarantor of the conformity of the services to the contract, allowing the non-professional or consumer Client to make a claim under the legal guarantee of conformity provided for in Articles L. 217-4 et seq. of the Consumer Code or the guarantee of defects in the thing sold as defined in Articles 1641 et seq. of the Civil Code. This guarantee covers defects of conformity or latent defects arising from a defect in the design or realization of the services ordered.

The consumer or non-professional Client must make known to the MDG OT, the defects and / or defects of conformity as soon as possible after the provision of services, in accordance with Article L211- 16 II of the Tourism Code. The defects and/or faults found will give rise to rectification or reimbursement as soon as possible. The guarantee of the Tourist Office is limited to the reimbursement of the services actually paid by the consumer or non-professional Client and the OT MDG cannot be considered responsible or defaulting for any delay or non-performance following the occurrence of a case of force majeure.

ARTICLE 12 – PERFORMANCE OF SERVICES

Services that take place in the open air require a good physical condition.
For these outdoor services, participants must be equipped with good shoes as well as clothing suitable for the weather conditions of the day.

In natural areas, participants must be respectful of the environment, comply with the instructions formulated by the guide or the guide mandated by the OT MDG.
Knowing that the Monts de Genève have many protected natural areas, classified as “Natura 2000”, being the subject of prefectural decrees of protection of biotopes. In particular, they must not leave waste on the spot and when the lunch is a picnic, provide for waste collection (garbage bags). They must avoid noise, ban fires, respect crops, equipment and pastoral facilities.

In general, participants must stay on the trails and respect sites that are private. Each participant must comply with the rules of caution and traffic and follow the advice of the guide.

The Client engages his personal responsibility in case of violation of the regulations committed by a member (s) of his group.

The OT MDG and the guide reserve the right to cancel a visit in case of exceptional and unavoidable circumstances (prefectural decree in particular).
Videos are prohibited during guided tours. Similarly for photographs, which require, as for them, the consent of the guides.

ARTICLE 13 – INTELLECTUAL PROPERTY

The OT MDG is the holder of all intellectual property rights attached to the Website and the elements composing it or has the licenses required by the holders of these rights. It is therefore forbidden to reproduce, modify, transfer or exploit all or part of the Website without the express written authorization of OT MDG: it is however tolerated a partial reproduction for strictly private purposes.

ARTICLE 14 – CLAIMS/ DISPUTE SETTLEMENT

In the event of a dispute or litigation arising from the application of these GTCs of their validity, their interpretation, their execution and more generally any dispute relating to the Service, the Client must address in writing within 15 days (from the beginning of the service) to OT MDG at the above address.

14.1. Applicable law

In case of persistent disagreement, the dispute will be brought before the competent French Courts under the conditions of common law. The present general conditions of sale are subject to the application of French law. This is so for the rules of substance as for the rules of form.

14.2. Mediation

The Customer may have recourse to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.
The Customer may thus refer to the Tourism and Travel Mediator on the following website: https://www.mtv.travel/ or to MTV Médiation tourisme voyage, BP 80 303 – 75 823 Paris Cedex 17 in the event that the response provided by the MDG OT to the customer on his complaint is deemed insufficient or remains unanswered after 60 days.

14.3. Online sales

In the event that the service has been purchased online by the Customer, the latter is informed that he/she has the option, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, to lodge a complaint and select a dispute resolution body on the following website:
https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR indicating the office’s email address:ot@montsdegeneve.com.

14.4. Proof

It is expressly agreed that the data contained in the information systems of OT MDG have probative force as to reservations, requests, and any other element relating to the use of the Site. They may be validly produced, in particular in court, as a means of proof in the same way as any written document.

ARTICLE 15 – RESPONSIBILITY OF OT MDG

15.1 Tourist packages and travel services:

In the context of tourist packages and travel services defined in Article L. 211-2 of the Tourism Code, in accordance with Article L. 211-16 of the same code, the MDG TO is automatically responsible for the performance of the services provided for in the contract, whether these services are performed by itself or by other travel service providers, without prejudice to its right of recourse against the said providers, unless the damage is attributable either to the traveler or to a third party foreign to the provision of travel services included in the contract and is of an unforeseeable or unavoidable nature, or to exceptional and unavoidable circumstances.

15.2 Linked travel services:

If, after having chosen a travel service and paid for it at a physical reception of the MDG TO, the Client books additional travel services for his or her trip or vacation stay through the MDG TO, the Client is informed that he or she will NOT benefit from the rights applicable to packages under Directive (EU) 2015/2302 and Article L.211-2 of the Tourism Code.

However, if the Customer books additional travel services during the same visit or contact with MDG OT, the travel services will be part of a linked travel service.
In this case, MDG OT has, as required by European Union law, protection to reimburse sums paid by you to MDG OT for services that have not been performed due to its insolvency.
As part of the online purchase, if the Customer books additional travel services for his or her vacation trip or stay via hyperlinks referring to the websites of the providers, he or she is informed that he or she will also NOT benefit from the rights applicable to packages under Directive (EU) 2015/2302 and Article L.211-2 of the Tourism Code

The MDG OT will not be responsible for the proper execution of these additional travel services. In case of problems, the Customer should contact the relevant service provider.

However, if the Customer books additional travel services via these hyperlinks within 24 hours after receiving confirmation of the booking from MDG TO, these travel services will be part of a linked travel service. In this case, the MDG Travel Office has the right to reimburse the Client for any sums paid to it for services that have not been performed due to the Client’s insolvency, as required by European Union law. The Client notes that in this case, there is no provision for reimbursement in the event of the insolvency of the relevant additional service provider.


SPECIAL GROUP SALES CONDITIONS

These special terms and conditions apply to contracts entered into by the Groups as defined in the general terms and conditions of sale. These Special Terms and Conditions shall take precedence over the General Terms and Conditions of Business for all services concerned and for the subjects covered.

Articles 3.1, 3.2, 3.3, 3.4, 3.5, 3.6 and 3.7 of the General Terms and Conditions of Business shall also apply to group bookings.

ARTICLE 1 – PRICE

The proposed price is calculated according to the number of participants making up the group.
In the event that the group shows up in numbers less than the contracted number, the group’s originally scheduled rate will remain applicable. (References: contract and pro-forma invoice)
In the event that some members of the group wish to cancel their reservation, the value of the individual service will be subject to the cancellation schedule provided for in Article 4 of these special conditions of sale.
In the event that the group arrives in numbers greater than the number of participants contractually provided for, after express authorization given by OT MDG, a price identical to that of the other participants will be applied to these new participants. Without prior approval from OT MDG, persons exceeding the contractually agreed upon number of participants will not be entitled to the services.
If clients refuse to reduce the size of their group to the contractually agreed upon size, the provider may refuse to perform the service and the contract will be terminated to the exclusive detriment of the client, without any refund being made, and the full price of the service will be due.

ARTICLE 2- TERMS AND CONDITIONS OF RESERVATION

For a Group service, the reservation is only effective after the signature of a special agreement between the Group and the MDG OT, defining the terms of payment and special conditions of sale.At the end of the option period, the Client makes his decision known by email to the MDG Tourist Office Sales Department
After acceptance of the commercial offer (quote) by the Client, the MDG Tourist Office sends him a contract defining the payment terms and summarizing all of the services reserved, as well as the tourist information form, a pro-forma invoice, and the general terms of sale governing the performance of the contract.Except in the case of fraud, which it is up to the Customer to prove, the Customer is financially responsible for his dealings with the Sales Department, in particular for the use that will be made of his username and password. He also guarantees the truthfulness and accuracy of the information concerning him provided on the Reservation Center.

ARTICLE 3 – BEGINNING AND CONTENT OF THE SERVICES

The Group must arrive on the specified day and at the times mentioned on the voucher(s).
If unable to do so, he undertakes to notify the OT MDG. In the event of late arrival or last minute impediment, the visit time will be reduced without the possibility of a price reduction and the customer must inform the service provider whose address and telephone number appear on the voucher or product sheet.For guided tours, the guide will adapt the program according to his availability. The program may change, especially if the client is late, which will not give rise to any reimbursement or reduction in price or recovery of the start of the service not consumed.
The services not consumed as a result of this delay will remain due and will not give rise to any reimbursement.
Each participant must comply with the rules of caution and follow the advice of the supervisor. The MDG EO reserves the right to expel from a group at any time any person whose behavior can be considered to endanger the safety of the group and the well-being of the other participants. The contract will be terminated to the exclusive detriment of the client, who will not be entitled to any refund or compensation.

ARTICLE 4- MODIFICATIONS

In the event of a modification or cancellation, the Client must contact the sales team by email (commercial@montsdegeneve.com), or by postal mail (2, Place de la Gare, 74100 Annemasse).
Modifications requested by the client are subject to prior authorization by OT MDG, which may offer a supplement or price reduction depending on the modifications requested.
Substantial modifications proposed by OT MDG must give rise to the client’s agreement, in accordance with the general terms of sale. Cancellations are governed by the general terms of sale.


SPECIAL CONDITIONS OF SALE TICKETING

The OT MDG offers a ticketing service for tourist and leisure services.
These special conditions of sale apply to the sale of ticketing carried out by the OT MDG, that is to say, sales of tickets dated or valid for a certain period for a single service, not constituting a tourist package, not being reserved by a group. These terms and conditions of sale shall take precedence over the general terms and conditions of sale for all the services concerned and for the subjects covered.

ARTICLE 1 – PRICE

The price offered is indicated inclusive of tax for all the services provided in the contract.

ARTICLE 2 – BOOKING TERMS

Tickets can be booked online, at the counter or remotely:

2.1 Online sale:
The Customer has the option of placing the desired service(s) in his electronic basket, after having consulted their conditions of realization, their organization and their price.
After accepting the general terms and conditions of sale, the Customer makes payment by credit card for the full price of the service.
The confirmation as well as the electronic ticket or to be printed is sent by email to the Customer, after collection.

2.2 Remote sale:
In case of remote sale, the OT MDG proceeds to send the reservation to the delivery address indicated by the Customer and according to the delivery method selected by the Customer when making the reservation on the Central Reservation. The applicable shipping costs by postal mail (registered mail with acknowledgement of receipt) were approved by the deliberation n°2018-09.
They are neither cancellable nor refundable. Postal mailings to Switzerland or abroad will be subject to a different rate, also approved by Deliberation No. 2018-09 corresponding to the “Postage for OT MDG sales”.
When booking, the Customer should be informed of the amount of the postage according to his place of residence. If the amount selected by the Customer is incorrect, no mail will be sent by OT MDG.
These rates charged by the Post Office are re-evaluated each year.

The different rates for sending registered mail with acknowledgement of receipt will be presented on the Central Reservation Office during the purchase.
In case of emergency or need, the Customer will also be able to withdraw his reservation from the OT MDG reception points according to its opening hours, this will not imply the cancellation or reimbursement of the fees already paid by the Customer.

The OT MDG disclaims any responsibility for any delay or impossibility of delivery due to an incorrect or incomplete delivery address, or any malfunction of national or international mail transport services, disruptions or climatic incidents, attacks, administrative decisions and will refuse the refund of the reservation.
When receiving their reservation, by whatever means of delivery, it is the Customer’s responsibility to ensure that the tickets delivered are in accordance with their reservation.

ARTICLE 3 – BEGINNING AND CONTENT OF SERVICES

Tickets may be subject to a specific period of validity or, for some, purchased for a specific date, as mentioned on the ticket or reservation confirmation. By definitively confirming his/her reservation at the ticket office or on the Central Reservation System, the Customer acknowledges that he/she is fully aware of the date or validity period applicable to the ticket. Unless otherwise provided, any ticket not used on the date or during the period of validity stipulated will not be refundable, even in the event of theft, disability, loss or unused. All tickets are non-exchangeable and non-refundable.

ARTICLE 4 – TICKETS

Tickets, received by the purchaser, are valid only for the service booked, and on the date and time specified. They must be presented on arrival, and kept for the duration of the presence on the place of the service. Access to the service is no longer guaranteed after the specified start time and does not entitle you to any refund.

When checking in at the entrance to certain services, you may be asked for a valid photo ID. It must match the name on the ticket if the ticket is nominative. The OT MDG disclaims any responsibility.
Users showing up without a ticket, will be denied access to the service (even free participants, or young children, who must have been reported at the time of booking).

By agreement with the Provider and the OT MDG, the buyer can present his ticket in digital format on his smartphone to access the activity. This digital document justifies the booking of the activity by the buyer.
No duplicate of the ticket can be issued including in case of loss or theft.

The Customer remains solely responsible for the use that is made of his ticket, countermark or voucher, thus, in case of loss, theft or other, the Customer will not be able to access the event. MDG OT disclaims any responsibility for theft, loss, or otherwise that may occur, even if the Client did not cause it intentionally or through negligence.

It is forbidden to reproduce, use a copy, duplicate, counterfeit tickets, countermarks or vouchers transmitted by the Central Reservation Office or the OT MDG team.

ARTICLE 5 – MODIFICATIONS AND CANCELLATION

The ticketing is not subject to modification, cancellation or refund as indicated below.

DATE OF CANCELLATIONPART OF THE BILLED SERVICE AMOUNT INCLUDING VAT
From the date of booking to the start of the service, and no show100%*

Any ticket not used on the scheduled date or during the stipulated validity period will not be refundable, even in the event of theft, disability, loss or unused. Any sale made to MDG OT, by any means whatsoever, is neither exchangeable nor refundable.
In addition, in the event of a reissue of a ticket or a new reservation following a cancellation or modification by the Customer, it is specified that the price of the new ticket or reservation may be higher than that of the first ticket or reservation.

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