edition 2005
1. the contracting parties
Within the framework of these general conditions, the company that subscribes to the contract for the provision of services is referred to as "the recipient", this term does not apply to the individual persons designated as being "the participants". SportPassion , referred to hereinafter as "the service provider", is the legal entity responsible for the organisation and the implementation of the means necessary for the provision of the services.
2. field of application
These general conditions govern the legal relationship between the service provider and the recipient for all the services being a subject of this contract.
3. price
3.1. The agreed price is the subject of a contract detailing the services and is fixed on the day of the signature by the parties contracting to the previously mentioned contract.
3.2. The service provider has the right to alter the agreed price to reflect any changes in the law, regulations or customs, between the day of the conclusion of the contract and the provision of the service.
3.3. These modifications are tacitly accepted by the recipient subject to a limit of 5% of the agreed price. If these price modifications, communicated to the recipient at least 30 days before the execution of the services, exceed 10% of the agreed price, the recipient has the right to terminate the contract within 7 clear days after receipt of the communication.
4. deposit payments
Deposit payments are to be paid according to the following scale:
- at the signature of the contract : 50 % of the total cost of the services
- 30 days before the provision of the services : 100 % of the total cost of the services
The non-observance of these conditions will involve the application of the regulations of paragraph 5.1 governing the expenses of cancellation.
If the contract is signed within 30 days of the provision of the services, the totality of the deposits must be paid on the day of signature.
The balance is to be paid within 10 days from receipt of the final invoice.
5. cancellations and modifications
5.1. File charge
A total cancellation of the services after the signature of the contract will require the payment of a file charge of CHF 1'000.-
5.2. Cancellation charge
An exact list of the names and the number of participants must be sent to the service provider 30 days before the service. Cancellation charges are invoiced to the recipient after acceptance of this contract excluding application of the provisions of paragraph 3 subparagraph 3.
The scale applicable is :
- from the signature to 91 days : CHF 1'000.-
- 90 - 31 days : 50 % of the price
- 30 - 10 days : 80 % of the price
- 09 - the day of departure: 100 % of the price
Claims from third parties may differ from ours. We will charge separately for them.
6. modification of the contracted services
6.1. The provision of services may have to be modified for reasons independent of the will of the service provider (strike, riot, war, weather conditions, etc). The service provider is the only judge of the necessity to modify his services for reasons related to the safety of the participants. In any event, the service provider will try to provide to the recipient, compensation or equivalent services.
6.2. In case of act of God
If due to act of God, measures taken by the authorities or strike action, the performance of the services cannot be achieved within the times agreed, the amounts already paid less the amounts related to the services already carried out will be refunded to the recipient.
7. activities
7.1. The service provider declines all responsibility in case of accidents, of physical or material damage during the execution of the different activities organised.
8. photographs, pictures and films
8.1. The service provider has the exclusive rights of all photographs and pictures taken during the provision of services. The recipient agrees that the service provider may publish those pictures.
9. complaints
9.1. If the services provided do not correspond to those agreed contractually or if one of the participants suffers injury, the recipient must immediately deposit a written complaint with the service provider, at the latest 10 days after the execution of the contract. In the event of non-observance of this time limit, any claim for damages is inadmissible.
9.2. If the intervention of the recipient does not lead to a suitable solution on behalf of the service provider, the latter can refund the expenses paid by the recipient to remedy the defect of execution and/or the injury in so far that the measures taken fall reasonably within the limits of the defined services.
10. passports, visas and vaccinations
The recipient is responsible for the possession and the conformity of the necessary documents. The service provider is released from any responsibility if a participant cannot benefit from the service because of non-conformity, non-validity or the non-existence of essential documents. The recipient will not be able to require any refund in this case.
11. responsibility
11.1. The service provider accepts responsibility for damages suffered by the recipient in so far that a fault is ascribable to him.
The direct material loss covered is limited to a maximum of twice the agreed price. International conventions and national laws remain reserved.
10.2. Exemption of responsibility
The service provider is exonerated from all responsibility in all cases where a fault, an omission or negligence ascribable to the recipient was likely to seriously disturb or to prevent the good execution of the services. The service provider cannot be held responsible for the damages caused to the recipient by a third party connected to the supply of the services defined by the contract.
10.3. Insurance
The subscription to a travel insurance (repatriation, luggage, accidents, etc) does not enter into the framework of the services of the service provider who however recommends the taking of it on a purely individual basis to all participants.
12. applicable law and court of justice
Swiss law is applicable to the legal relationships between the recipient and the service provider.
The court of justice is conventionally at Lens, VS.
