General Terms and Conditions of Sale of Experience
VOYAGE 1786 is a simplified joint stock company whose registered office is located at 294 Rue Louis Pasteur, Le Verlaine A, 73490 La Ravoire, registered in the Chambéry Trade and Companies Register under number 811 083 633, in the Travel Operators Register under number IM073160009, member of the APST (Association Professionnelle de Solidarité du Tourisme), which provides its financial guarantee (hereinafter: "VOYAGE 1786"). VOYAGE 1786 has taken out insurance to cover the consequences of its professional civil liability with RCP HISCOX: 19 rue Louis le Grand - 75002 PARIS.
ARTICLE 1: PURPOSE AND SCOPE OF THE TERMS AND CONDITIONS OF SALE
Only products and services marketed under the brands "1786.travel", "Experience Mont Blanc" and "Shubkalaï" are concerned by these conditions of sale.
These conditions of sale govern the tourist activities (hereinafter the "Experience") marketed by VOYAGE 1786.
The purchase of Experience from VOYAGE 1786 via www.1786.travel, www.experience-mont-blanc.com and www.shubkalai.com (hereinafter: "the VOYAGE 1786 Sites"), entails the full acceptance by the customer of these conditions of sale and the unreserved acceptance of all their provisions. Namely, as soon as the transport is taken into account, the Experience will be treated as a travel service within the meaning of Article L211-2 of the French Tourism Code. Therefore, Article 12 of the Special Conditions for the Sale of Travel applies.
It is specified that in the event of any contradiction between these conditions and the contract concluded between the customer and VOYAGE 1786, the provisions of the contract shall prevail.
It is also specified that this version of the General Terms and Conditions of Sale of Experience has been translated into English for information purposes only. This version has no legal value. In the event of any contradiction between these conditions and the french version, the french version shall prevail.
ARTICLE 2: PRIOR INFORMATION
The descriptive sheets appearing on the VOYAGE 1786 Sites are intended to inform customers, prior to placing their order, of the content of the services offered relating to transport and Experience, the price and payment terms, the terms of cancellation and modification of the Experience. The client is invited to refer to the descriptive sheets of the chosen Experience.
VOYAGE 1786 reserves the right to make changes to the information on the VOYAGE 1786 Sites, in particular to the price and content of the transport services and/or the Experience, the identity of the service providers, as well as the opening and closing dates of the site of the place of the Experience.
The VOYAGE 1786 Sites are updated several times a week and the prices displayed are subject to change according to updates. The applicable price is the price in effect at the time of registration for the relevant Experience and is confirmed to the customer before final acceptance.
ARTICLE 3: REGISTRATION AND DEPOSIT
3.1 - Registration conditions
Any person purchasing an Experience must be at least 18 years old and legally capable of entering into a contract. Any person concluding an electronic contract with VOYAGE 1786 guarantees the veracity of the information provided by him and undertakes personally for the persons registered in the same file.
3.2 - Registration
The ordering process on the VOYAGE 1786 Sites is as follows:
3.3 - No right of withdrawal
The customer is informed that he has no right of withdrawal in accordance with the articles
L121-20-4 and L121-21-8 of the French Consumer Code.
ARTICLE 4: FULL PAYMENT OF THE PRICE
The customer must pay for the Experience by credit card via a secure link at the time of registration. VOYAGE 1786 will not confirm receipt of payment.
ARTICLE 5: MEANS OF PAYMENT
Online Credit Card
ARTICLE 6: PRICE
6.1 The price includes: The descriptive sheets of the Experience VOYAGE 1786 mention what is included in the price and in some cases what is not.
Unless otherwise specified in the description of the Experience, the basic package does not include insurance, supplements, expenses to be paid on site, vaccination fees, visas, etc., as well as any services or services not expressly mentioned in the description.
The interruption of the Experience by the customer or his renunciation of certain services or services included in the package, or paid in addition to the price of the package at the time of booking, shall not give rise to any refund or credit.
6.2 Promotions: Unless otherwise stated, the price reductions and special offers mentioned on the VOYAGE 1786 Sites are not cumulative with each other, nor with other price reductions or promotional offers occasionally offered by VOYAGE 1786. It is specified that promotional offers do not concern customers who have already made their reservations on the date of the offer. No refund can therefore be made in this case. The discounts mentioned on the site are limited to the stock allocated to each product concerned. The full reduction applies if the start date and end date are within the period open for reduction.
ARTICLE 7: PRICE REVISION
In the event of a change in the economic data of the service providers, VOYAGE 1786 reserves the right to pass on these changes in full, both upwards and downwards, by modifying the selling price accordingly.
ARTICLE 8: CANCELLATIONS OR MODIFICATIONS DUE TO THE CUSTOMER
8.1 Any cancellation or modification by the customer once the contract has been signed shall result in the reimbursement of the actual costs incurred by VOYAGE 1786 as well as the service charges according to the following scale:
- more than 30 days before the start of the Experience: 50 €
- from 30 to 22 days of the Experience = 25% of the total price (min. 50 €).
- from 21 to 8 days of the Experience = 50% of the total price (min. 50 €).
- 7 to 3 days of the Experience = 75% of the total price (min. 50 €).
- less than 3 days before the Experience = 100% of the total price.
8.2 In the event of cancellation, for any reason whatsoever, expenses incurred by the client outside the Experience shall not be refunded.
ARTICLE 9: MODIFICATION OR CANCELLATION DUE TO TRAVEL 1786
9.1 - Modification due to VOYAGE 1786 before the Experience
If, before departure, an external event requiring VOYAGE 1786 to modify an essential element of the contract concluded with the customer, VOYAGE 1786 will inform the customer by any means allowing to obtain an acknowledgement of receipt, as soon as possible, and will propose to him either a modification of the Experience, or an alternative Experience. The customer may then either accept the proposed change or terminate the contract. The customer who opts for termination may obtain a full refund of the sums paid. The customer must inform us of his decision (acceptance of the modification or termination) within a maximum period of 7 days from receipt of the above-mentioned information. If no answer is received within this period, the customer will be deemed to have accepted the proposed modification.
When a minimum number of participants is required for an Experience and this number is not reached, VOYAGE 1786 informs the customer at least 21 days before the departure date. VOYAGE 1786 then offers the customer an alternative solution (s) at the current rate or a full refund of the sums paid, without being required to pay any compensation or indemnity for the benefit of the customer.
9.2 - Modification due to VOYAGE 1786 after the beginning of the Experience
If, after the beginning of the Experience, VOYAGE 1786 is unable to provide a preponderant part of the planned services, representing a significant percentage of the price paid by the customer, VOYAGE 1786 will make its best efforts to replace them with equivalent services. If VOYAGE 1786 cannot offer any replacement service or if the replacement service is refused by the customer for valid reasons, VOYAGE 1786 must ensure the customer's return, without additional charge and under equivalent conditions, to the place of departure or to another place agreed between VOYAGE 1786 and the customer.
9.3 - Cancellation due to VOYAGE 1786 before the Experience
If VOYAGE 1786 decides to cancel the trip or stay before departure, VOYAGE 1786 will notify the customer by any means necessary to obtain an acknowledgement of receipt. If the parties do not reach an amicable agreement on an alternative trip or stay, VOYAGE 1786 will reimburse the customer for all sums paid.
ARTICLE 10: DURATION OF EXPERIENCE
The duration of the Experience is calculated in hours and takes into account the time devoted to transport (including transfers), if it is included in the service, and the duration of the Experience on site, from the time of convocation on the start day until the end time of the Experience.
The customer is informed that he may be deprived of a few hours of Experience, in particular due to the schedules imposed by the carriers, climatic contingencies, any fortuitous circumstances, security requirements, particularly in periods of heavy traffic, which may cause certain delays.
It is strongly recommended that the client does not make any commitments during the hours preceding the beginning of the Experience or even the day before.
ARTICLE 11: CONVOCATION
11.1 After paying for the Experience, the customer will receive the Experience documents to the email address provided. The customer will be notified in real time of all changes by an email inviting him to download the modified document. It is important to get to the Experience with these documents downloaded to your mobile. The customer is therefore invited to check his mailbox.
In the absence of information within 48 hours before departure or in the event of incomplete documents, the customer must contact us by calling +33 (0) 788 370 871.
11.2 The client is requested to comply with the mentioned schedules for the appointment time. Any subsequent presentation at the time of the appointment indicated on the notice of meeting will result in the cancellation of the file and the application of the 100% cancellation fee.
ARTICLE 12: ADMINISTRATIVE AND HEALTH FORMALITIES
It is the customer's responsibility to ensure that he/she is in compliance with the formalities for carrying out his/her trip from abroad and can find information in this regard in Article 12 of the Special Conditions of Sale of Travel via https://1786.travel/conditions-generales-de-ventes.
ARTICLE 13: INFORMATION OBLIGATION OF THE CLIENT
The customer must inform VOYAGE 1786, in writing and prior to any reservation, of any particularity concerning him/her that may affect the progress of the Experience (people with reduced mobility with or without a wheelchair, presence of an animal, allergies, etc.).
ARTICLE 14: INSURANCE
Attention: No insurance or repatriation assistance is included in the Experience packages.
It is recommended that the customer take out optional insurance covering in particular assistance/repatriation, the consequences of cancellation, according to the conditions mentioned on the VOYAGE 1786 Sites.
In the event of cancellation of the Experience by the client, the insurance premium is not refundable.
ARTICLE 15: LIABILITY
Under no circumstances may VOYAGE 1786 be held liable for circumstances of force majeure, for third parties outside the provision of the services provided for in the contract or for improper performance of the contract attributable to the customer. VOYAGE 1786 can never be held liable for indirect damages.
VOYAGE 1786 cannot be held responsible for the execution of services purchased on site by the customer and not provided for in the description, nor for pre-routing or post-routing taken at the customer's initiative. VOYAGE 1786 advises its customers who have to carry out a pre- or post-routing, to book modifiable, or even refundable, transport tickets in order to avoid the possible risk of their financial loss.
The liability of VOYAGE 1786 shall not be greater than that of the air carrier as a result of the application of the above rules. VOYAGE 1786 cannot be held responsible for changes in schedules or itineraries, for the change of airport caused by circumstances beyond its control. In such conditions, any delay suffered will not result in any compensation to be paid by VOYAGE 1786.
ARTICLE 16: ASSIGNMENT OF THE CONTRACT
The customer may assign his contract to a third party who meets the same conditions as him, as long as this contract has not produced any effect. The client cannot assign his insurance contract(s). The customer is required to inform VOYAGE 1786 of his decision by any means necessary to obtain an acknowledgement of receipt no later than seven (7) days before the start date of the Experience.
The transfer of the contract entails, in all cases, transfer costs of one hundred and firfty euros (150€) due jointly and severally to VOYAGE 1786 by the transferor and the transferee and a new contract is drawn up in the name of the transferee.
If the transferred package includes transport on a charter flight, no other charges will be charged to the customer for the transfer. If the transferred package includes transport on a scheduled flight, additional transfer charges, corresponding to the charges that would be invoiced by the airline, will be applied to the customer. It is specified that, in some cases, airlines charge more than the initial ticket price.
ARTICLE 17: CLAIMS
Customers who have observations to make on the progress of their Experience must do so within seven (7) days of the end of their Experience by registered letter with acknowledgement of receipt to VOYAGE 1786. We strongly recommend that customers report any failures in the performance of the contract to the VOYAGE 1786 representative on site and have them report them in writing. The examination of the complaint files will only concern the contractual elements of the reservation. Any subjective assessment will not be taken into account. Any compensation granted for a claim relating to land services may only be based on the price of the latter. We undertake to do our utmost to process complaints within four (4) weeks of receipt. However, depending on the complexity and the need to conduct surveys of service providers, this period may be extended.
ARTICLE 18: PERSONAL DATA
In accordance with the Data Protection Act No. 78-17 of 6 January 1978 and the provisions relating to the protection of personal data, data concerning customers are necessary to process their requests. Some information must be provided to VOYAGE 1786; it is indicated in a visible way by an asterisk. If customers do not provide this information, their requests cannot be processed. The other information requested is optional. In order to allow the execution of the customers' order, this information will be communicated to the partners of VOYAGE 1786, suppliers of the reserved services, which may be located outside the European Union. In addition, customer data may be used for commercial prospecting purposes by sending promotional or commercial offers under the conditions provided for by law. These data may also be transmitted to third parties, in particular for the purpose of renting or exchanging files for commercial prospecting purposes, unless the customer objects when making the reservation or subsequently by sending a letter to the address below. In accordance with the General Data Protection Regulations of 25 May 2018 and the Data Protection Act No. 78-17 of 6 January 1978, customers have the right to access, oppose, rectify and delete their personal data.
The exercise of these rights can be done by email at firstname.lastname@example.org or at the following postal address:
294 Louis Pasteur Street, Le Verlaine A
73490 LA RAVOIRE, FRANCE
To the attention of: Mr Damien BEAULIN / President
If necessary, the user can file a complaint with the CNIL.
ARTICLE 19: THEFT AND LOSS
It is strongly recommended not to bring valuables (jewellery...) but only effects that are necessary and appropriate to the specific purpose and conditions of the Experience. VOYAGE 1786 is not responsible for thefts committed during the Experience. It is recommended that guests deposit valuables, identity papers and travel documents in the hotel safe. The customer is responsible for the forgetting or loss of objects that occurred during transport or transfers if they exist.
It is also not advisable to leave in the luggage entrusted to the carriers any identity documents, essential medicines, valuables, cash, cameras, camcorders [...]. The customer can make a declaration of values at registration.
ARTICLE 20: CAR RENTAL
For all car rentals, the car rental company's conditions apply except for modifications and cancellations for which article 8 above will apply.
ARTICLE 21: EVIDENCE
It is expressly agreed that the data contained in the information system of the VOYAGE 1786 Sites have probative value with regard to orders and any other element relating to the use of the VOYAGE 1786 Sites. They may be validly produced as evidence in the same way as any other written evidence.
ARTICLE 22: APPLICABLE LAW
Any contract concluded between VOYAGE 1786 and the customer is subject to French law.
ARTICLE 23: JURISDICTION
Any dispute relating to the performance, interpretation and/or termination of the contract, if it is not resolved amicably between the parties within a maximum period of fifteen (15) days, shall fall within the exclusive jurisdiction of the Commercial Court of Chambéry, notwithstanding the plurality of defendants or the call in guarantee, even for emergency proceedings or protective proceedings, in summary proceedings or by request.
VOYAGE 1786 S.A.S. with a share capital of €12,500 – Trade Register of Chambéry : 811,083,633