CONTACT Bureau : (0) 4 50 41 33 21 CONTACT Portable en cas d'urgence : (0) 6 86 34 34 03 Mail : lepaysdh@club-internet.fr
 CONTACT Bureau : (0) 4 50 41 33 21CONTACT Portable en cas d'urgence : (0) 6 86 34 34 03Mail : lepaysdh@club-internet.fr       

General and Special Conditions of Sale

 

* General Conditions of Sale

The tours described in our Web site are carried out according to the General Conditions of Sale fixed by the Act of 22 July 2009 (decrees published in the Journal Officiel of 23 December 2009), governing relations between travel agencies and their customers.

 



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Special Conditions of Sale LE PAYS D'EN HAUT

 

SIGNING UP



Consulting our detailed charts is essential before to proceed to your registration, as these charts provide the following informations : minimum number of participants, technical level and fitness required, meeting place on the first day of the tour.



We reject registrations of people who do not have the required technical and fitness levels.



When registering to one of our tours, you must draw our attention on any distinctive feature concerning your ability to fully take part in the tour, or on any personal distinctive feature which could have an effect on the progress of the tour, by putting it down in writing to let us know about it.

We plan accommodations in dormitories, rooms with two single beds, or 2 places tents. Depending the composition of the group, you may have to share your accommodation with a person of the opposite sex.

 

After having consulted the detailed chart of the tour that you have chosen, follow the registration process described in the Webpage : Signing up
When you will have paid a deposit of 30 % of the price of the tour, we will confirm you that your registration is accepted. 

The balance of the price of your tour must imperatively be paid 50 days before the departure date of your tour. You will then receive by post or by electronic mail the last informations useful and essential for your tour : personal equipment, bibliography, vaccines and other formalities.

If you register less than 50 days before the departure date, you must pay the total cost of the trip with your registration request.

Your registration involves your agreement to our General and Special Conditions of Sale.



The balance of the price of your tour must imperatively be paid 50 days before the departure date of your tour (we do not send letters of reminder for the payment of the balance of a tour). If you do not meet this deadline for the payment of the balance of the price of your tour, your registration will automatically be cancelled, and LE PAYS D'EN HAUT will keep back non refundable file expenses from your deposit (see bellow subsection "Cancellation from you")

 

Convocation :
for a tour without air transport, we do not post any convocation, as the detailed chart of the tour provides informations on the meeting place and on the meeting time.

If your tour includes a flight (charter flight or scheduled flight), we will post you, 10 days before the departure date, a convocation with informations on the meeting place and on the meeting time. All informations previous to this convocation are provided as an indication, in accordance with available datas. We deny all responsibility for these informations, which are supplied to us by the airlines. In the event of changes of the timetables of the flights, we will inform you immediately, but we assume no responsibility for the additional
expenses due to changes on your journey there and back from your home to the airport. Regarding your journey
there and back from your home to the meeting place of the group, we strongly advise you to buy refundable and alterable flight, bus or train tickets, and to plan enough time for connections. We also strongly advise you not to plan important appointment on the day after your arrival back at your home.

 

Private group programme:
the person in charge of the group accepts the general and special conditions of sale, in his name and in the name of all members of the group. He guarantees all payments owed by all members of the group. He undertakes to forward to all members of the group all informations he will receive from LE PAYS D’EN HAUT. Thus, all informations communicated by LE PAYS D’EN HAUT to the person in charge of the group will be regarded as having been communicated to all members of the group. Particularly, the person
in charge of the group will see that every member of the group has received and approved the special conditions of variation of the price of the programme depending of the final number of participants.


 

 

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* INSURANCES 

 

* In accordance with the French legislation, we have a professional liability
insurance : MMA IARD, 10 Bd Marie et Alexandre Oyon - 72 Le Mans - France, contract n° 3.056.234.

 

Each participant to one of our tours must have his own personal liability insurance.

 

*    For your safety and by experience, we strongly advise you to subscribe to one of the three contracts EUROP ASSISTANCE that we propose to you, to complete your own protection for the following risks : Repatriation, Cancellation, Baggage loss, Interruption of stay.
We remind to you that a payment by credit card provides limited guarantees.

In case of a cancellation of your registration from you, we strictly apply the Special Conditions of Sale LE PAYS D'EN HAUT. We strongly advise you to subscribe to the Cancellation contract EUROP ASSISTANCE we propose you, or, if you soon have another Cancellation contract, to check that it will cover you for all the main causes of cancellation.

 

We propose to you three contracts EUROP ASSISTANCE :

- "Repatriation" contract. This insurance costs 2.5 % of the price of your tour.

- "Cancellation" Contract (including baggage insurance). This insurance costs 4 % of the price of your tour.

- "Repatriation + Cancellation + Baggage Insurance + Interruption of Stay" contract. This insurance costs 6 % of the price of your tour.

It will not be possible to change these insurances once they have been taken out.

 

The contract "Repatriation" and the contract "Cancellation" cover only inhabitants of one of the following countries: France (DOM, Metropolitan France and Monaco solely), Germany, Andorra, Austria, Belgium, Denmark, Spain, Finland, Gibraltar, Greece, Ireland, Italy and islands, Liechtenstein, Luxembourg, Norway, Netherlands, Portugal, United Kingdom, San-Marin, Sweden and Switzerland. 

 

If you do not wish to subscribe the insurance "Repatriation" EUROP ASSISTANCE, you must imperatively have an own insurance "Repatriation" covering you for both "Research" (with a minimum cover of 15,300 Euros,
including research helicopters expenses) and "Assistance" expenses for the country of the tour and for the sports to be practised during the tour, and you will send us, with the filled and signed registration formulary, a copy of your contract, and the phone number of your Assistance line. 

We will be sorry to have to deny your registration if you do not hold an insurance "Repatriation" contract.

 

For further information, consult our Web page : Insurances

 

During your tour, your Guide LE PAYS D'EN HAUT has been informed by us of the terms of the "Repatriation" contract which protects you. However, you are the sole person in charge of the respect of the procedure of any damage report to your insurance company. Read carefully your insurance contract before the departure of your tour.

If you have subscribed to one of the three contracts EUROP ASSISTANCE that we propose to you, LE PAYS D'EN HAUT, which just put you in contact with EUROP ASSISTANCE, has no influence on both sides, in case of a dispute between you and EUROP ASSISTANCE. 

 

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CANCELLATION FROM YOU

 

If you have to cancel your registration, inform us immediately of your cancellation by :

 



- regular registered mail with acknowledgement of receipt. The day when we will receive your cancellation registered mail will be the day used for the calculation of the amounts withheld by LE PAYS D'EN HAUT. The amounts to be refunded to you will be paid by SWIFT transfer within 30 days.

 

- or by E-mail. The day when we will receive your E-mail will be the day used for the calculation of the amounts withheld by LE PAYS D'EN HAUT. The amounts to be refunded to you will be paid by SWIFT transfer within 30 days.

We do not accept cancellations made by telephone, Fax or non registered mail.

 


In the event of a cancellation from you, the amounts withheld
by LE PAYS D'EN HAUT are calculated according to the following schedule :

 

- for the expeditions to Ama Dablam, Tilicho peak or Himlung Himal (expeditions listed on our Web site, or tailor-made expeditions): 

   - cancellation made more than 45 days before the departure day : we withhold 1500 Euros for file expenses

    - cancellation made between 45 and 22 days before the departure day : we withhold 25 % of the price of the tour

   - cancellation made between 21 and 8 days before the departure day : we withhold 50 % of the price of the tour

- cancellation made between 7 and 2 days before the departure day : we withhold 75 % of the price of the tour

   - cancellation made on the departure day or on the day before : we withhold 100 % of the price of the tour





For all tours requiring the purchase by LE PAYS D'EN HAUT of a non-refundable and / or non exchangeable plane ticket, we will in addition withhold the amount of this plane ticket, even if your cancellation takes place more than 45 days before the departure date of your programme. 

For all tours requiring the purchase by LE PAYS D'EN HAUT of a partially refundable plane ticket, we will in addition withhold the amount of the part of this plane ticket no refunded by the airline company, even if your cancellation takes place more than 45 days before the departure date of your programme.    

                       

 

- for any tour in Norway, and for any tour off-Europe (tours listed on our Web site, or tailor-made tours): 

   - cancellation made more than 45 days before the departure day : we withhold 300 Euros for file expenses

    - cancellation made between 45 and 22 days before the departure day : we withhold 25 % of the price of the tour

   - cancellation made between 21 and 8 days before the departure day : we withhold 50 % of the price of the tour

   - cancellation made between 7 and 2 days before the departure day : we withhold 75 % of the price of the tour

   - cancellation made on the departure day or on the day before : we withhold 100 % of the price of the tour

For all tours requiring the purchase by LE PAYS D'EN HAUT of a non-refundable and / or non exchangeable plane ticket, we will in addition withhold the amount of this plane ticket, even if your cancellation takes place more than 45 days before the departure date of your programme. 

For all tours requiring the purchase by LE PAYS D'EN HAUT of a partially refundable plane ticket, we will in addition withhold the amount of the part of this plane ticket no refunded by the airline company, even if your cancellation takes place more than 45 days before the departure date of your programme. 


 

- other tours: 

   - cancellation made more than 45 days before the departure day : for tours in Europe, we withhold 100 Euros for file expenses, except for tours in Bulgaria and Turkey, where we withhold 200 Euros for file expenses 

    - cancellation made between 45 and 22 days before the departure day : we withhold 25 % of the price of the tour

   - cancellation made between 21 and 8 days before the departure day : we withhold 50 % of the price of the tour

   - cancellation made between 7 and 2 days before the departure day : we withhold 75 % of the price of the tour

    - cancellation made on the departure day, or on the day before : we withhold 100 % of the price of the tour   
- cancellation made between 7 less than 7 days before the departure day : we withhold 100 % of the price of the tour

For
all tours requiring the purchase by LE PAYS D'EN HAUT of a non-refundable and / or non exchangeable plane ticket, we will in addition withhold the amount of this plane ticket, even if your cancellation takes place more than 45 days before the departure date of your programme
. 

For all tours requiring the purchase by LE PAYS D'EN HAUT of a partially refundable plane ticket, we will in addition withhold the amount of the part of this plane ticket no refunded by the airline company, even if your cancellation takes place more than 45 days before the departure date of your programme. 

 

 

In any event, the amount of the insurance premium is non-refundable.

Your absence to the meeting place on the departure time of the tour does not entitle you to any refund.

No refund will be made by EUROP ASSISTANCE if the amounts owed to LE PAYS D'EN HAUT have not been fully paid.

We recommend you to post to EUROP ASSISTANCE, as soon as possible, all documents asked for by the insurance company.

If you can not take part in the tour to which you have registered, you can propose us a substitute, provided no flight reservation or trekking permit reservation have been made by us with your identity. It is imperative that you inform us of this change by registered letter (due to the risks of hacking, we do not accept electronic mails for this process) at least 7 days before the departure date for a tour in Europe, and at least 15 days before the departure date for a tour off-Europe.

 

Interruption of tour: 

If you choose to break your tour, whatever the reasons may be, no refund will be made by LE PAYS D'EN HAUT. The same is true if our Guide has to exclude you from the trip due to one of the following reasons :

- behaviour endangering your security and the security of the group, or putting in jeopardy the welfare of the group or the progress of the tour
- insufficiency of physical condition endangering your security and the security of the group, or putting in jeopardy the progress of the tour

- insufficiency of technical level endangering your security and the security of
the group, or putting in jeopardy the progress of the tour

 

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CANCELLATION FROM LE PAYS D'EN HAUT

 

Should the minimum number of participants for the tour not to be reached, the tour may be cancelled by us till 21 days before the departure date. Other cancellation causes, related to a local situation with safety hazards (civil war, political risks, health risks, floods or earthquakes, ...etc), may occur at any time. In any of these cancellation cases, you will be entirely refunded, but no compensation will be made : we are not responsible for the changes to be made in accomodations or transport bookings or payments, not included in the price of the programme, soon made by a participant. Expenses linked to these changes in accomodations or transport bookings or payments are payable by the participant who made these bookings or payments.

Consequently, we strongly advise you to wait till 21 days before the departure date to make all accomodations or transport bookings or payments not included in the price of the programme.

Regarding technical tours (mainly mountaineering or ski-mountaineering tours and courses), we deny registrations of people who do not meet the physical condition and the technical level required.

 

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LIABILITY

 

Customs, Medical and Police formalities

Each participant must respect the customs, medical and police regulations and formalities required by the authorities of the countries to be visited during the tour. Under no circumstances will LE PAYS D'EN HAUT assume the individual liability of the participant, who will take responsibility for all the formalities before the departure of the tour : passport, visa, vaccines, etc...

Our web site and our detailed charts supply these formalities for information only. LE PAYS D'EN HAUT has no responsibilities in these informations about formalities. As soon as he is registered to the tour, the participant will have to contact directly the official organizations to check and carry out the
customs, medical and police formalities which fall on him. 

 

In accordance with article L.211-16 of Code of Tourism, LE PAYS D'EN HAUT may not be held liable for the consequences of the following events :

- loss or theft of air tickets (airlines do not issue a duplicate)

- Failure to present identity or health documents, or presentation of documents that have expired or do not have a sufficently long validity period (identity card, passport, visas, vacination certificate ...) or that do not comply with the instructions shown on the registration form or trip description, at the police, customs or check-in desk. In the event of a failure to check in, 100 % of the price will be retained.

- Unforeseeable or insurmountable incidents or events caused by a foreign third party during the trip, such as : war, political disorder, strikes and technical incidents beyond LE PAYS D'EN HAUT's control.

- Overcrowded air space, bad weather, delays, breakdowns, loss or theft of luggage and other effects. 

 

 

Characteristics of our tours and journeys  

In wiew of the particular nature of our tours and journeys, no refund will be made by LE PAYS D'EN HAUT in the event of alterations of dates, schedules or routes, particularly if these alterations are due to unexpected events or to urgent circumstances jeopardizing the safety of the participants; these alterations may be decided by LE PAYS D'EN HAUT or by LE PAYS D'EN HAUT guides before the tour or during the tour.

Weather conditions (storm, fog, etc...),  high avalanches risks, or other risks may force your Guide to modify entirely or to modify partially the programme of your tour. No refundment will be made in that case, and the tour will not be postponed to any other date.

Each participant must conform to the advice and instructions given by the group leader. Neither the guide of the group nor LE PAYS D'EN HAUT will assume any liability for incidents, accidents or physical injuries due to an unwise personal initiative of a participant. Your Guide is a member of the association LE PAYS D'EN HAUT.

 

 

Alterations during the tour

LE PAYS D'EN HAUT acts as an intermediary between the participant and the service providers : airlines, carriers, hotel keepers, local agencies, etc ...  These service providers assume their own liability towards the participant when they take charge of him.

If, due to disruption of air travel, the dates of your tour are changed, LE PAYS D'EN HAUT will not assume any liability for these changes, and we will ask you a contribution to the additional expenses due to this situation (hotels, meals, travel, etc...).

If we found it impossible to provide  a part of the services forecasted, we would do everything one possibly can do to replace them by equivalent services.

Considering the organization difficulties, we may have, given the circumstances, to substitute a means of transport for another, an hotel for another, a guide for another, to take a different route or to cancel certain hikes, etc...; these exceptional alterations do not entitle the participant to lay claim to any refund from LE PAYS D'EN HAUT. The participant can not refuse these exceptional alterations without valid reasons. 

In case of a modification of a programme, decided by the guide of the group, due to bad weather, high avalanche risks or any reason linked to the safety of the group, we are not responsible for the changes to be made in accomodations or transport bookings or payments, not included in the price of the programme, soon made by a participant. Expenses linked to these changes in accomodations or transport bookings or payments are payable by the participant who made these bookings or payments.

 

 

Luggage, Flights  

Each participant must check the presence of his whole luggage during the tour, mainly for flights.

The carrier is the sole society responsible for the damage or loss of luggage, and for the delays in luggage delivery. The carrier will assume the entire liability towards the participant in case of damage or loss of luggage, or in case of delays in luggage delivery. In case of damage or loss of luggage, or in case of delays in luggage delivery, the participant will have to put in a claim by the carrier.

Flights are carried out byAir France, Gulf Air, KLM, Lufthansa/Austrian, Thai Airways or all other airlines members of IATA or ATAF.

Regarding our programmes including international flights, as the timetable of regular flights can be changed by the airlines, the first day and the last day of the programme can be shortened (early take-off on the first day of the programme, late landing on the last day of the programme). These
timetable changes do not entitle the participant to lay claim to any refund from LE PAYS D'EN HAUT for the expenses attributable to them, and they do not entitle the participant to cancel his registration to the programme.

Regarding our programmes including international flights, LE PAYS D'EN HAUT will not assume any responsibility if you miss the international flight of the programme, due to a delay during your journey from your domicile to the airport where the international flight is taking-off. We strongly advise you not to buy "non refundable" and/or "non modifiable" train, bus or flight tickets for your outward journey from your domicile to the airport where the international flight is taking-off, and for your return journey from the airport where the international flight is landing to your domicile. In case of a delay of the return international flight, the expenses due to the lapsing of "non refundable" and/or "non modifiable" train, bus or flight tickets will not be refunded by LE PAYS D'EN HAUT, or by the airline of the international flight.

In accordance with article L.211-16 of Code of Tourism, LE PAYS D'EN HAUT may not be held liable for the consequences of the following events :

- Overcrowded air space, bad weather, delays, breakdowns, loss or theft of luggage and other effects. By virtue of the transport contract conditions of airlines governed by the Warsaw convention, we strongly recommend that you build in a sufficient amount for any connecting flight to the departure airport. The special prices of the flights included in the trip mean that we cannot change the tickets, and these will in no circumstances be reimbursed in the event of a delay by the airline, or a change to the take-off time, or a postponement that cancels your trip. The carrier undertakes to do his best to transport passengers and luggage with reasonable care. The times indicated are not guaranteed on the contract. The carrier may, without notice, replace other carriers, use other aircraft, or change or cancel any planned stopovers wherever necessary.

 

 

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* PRICE

 

The participant acknowledges that he has read and understood all the informations about the chosen tour listed in our Web site and in our detailed charts. We mention in our detailed charts the services included in the price of the tour, and the services not included in the price of the tour.

In general, the prices listed in our Web site include : flight tickets (economy class), road transports, accomodations (twin-bedded rooms, two places mountain tents or mountain huts dormitories), meals (unless otherwise specified), guiding by LE PAYS D'EN HAUT guide, group outfit for the tour, airport tax (unless otherwise specified).

In general, the prices listed in our Web site do not include : visas fees, tips, insurance premium (optional insurances EUROP ASSISTANCE), drinks and personal expenses.  

Regarding our tours including a journey by plane, if, due to schedules of flights forced on us by the airlines, the first and the last day of the tour were shortened (late arrival or early departure), no refund will be made by LE PAYS D'EN HAUT to the participant.

The prices indicated for our tours have been established according to the economic datas of the 1st of January 2015. In the event of significant alterations of one or several of these datas (kerosene cost, exchange rate, airport taxes, etc...), we reserve the right to change the prices of our tours. These possible reviews of our prices will be made known to the participant at least 30 days before the departure date of his tour.

Exchange rate on the 12th of January 2016 : 1 Euro = 1.086 US$, and 1 Euro = 1.086 CHF. Regarding our destinations where payments to local service providers are made in US dollars (Nepal, Tanzania, etc...), the percentage of services subject to review represents 60 % of the price of the tour with international flight tickets. For programmes which take place partially or totally in Switzerland, the rewiew will be applied to expenses in Switzerland : accomodation, meals, transportation.

 

 

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DISPUTES

 

Any complaint will have to be made by registered mail with acknowledgement of receipt to LE PAYS D'EN HAUT within 8 days of trip completion.

- Association LE PAYS D'EN HAUT - 22.B Copropriété "En Vallière" - 174 chemin de l'Emboussoir - 01170 GEX - FRANCE, holder of the Ministerial of Tourism appointment number IMO73.100023 (APRIAM - IMO73.100023 - Alpespace - Le Neptune - 50 voie Albert Einstein - 73800 Francin -
France
). TEL : (0) 4 50 41 33 21. FAX : (0) 4 26 07 86 89.

- Guarantee Fund : 1 446 600 €

- Professional Liability Insurance : MMA IARD, 10 Bd Marie et Alexandre Oyon - 72 Le Mans - France, contract n° 3.056.234

- Intra Community VAT : FR08413904657

 

The English translation of our "General and Special Conditions of Sale" is provided for information. Legally, the authentic text is the original French text.

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