General conditions of sale Liquid Earth Canyoning
These "General Conditions" apply to the sale of "Activity(ies)" / "Service(s)") by the company Terreliquide domiciled at 43 rue André Chenier 26100 Romans-sur-Isère, declared in the town hall of the Municipality/Prefecture of Romans on 01/06/2021, under the SIRET number 90125274200019, email : firstname.lastname@example.org , mobile : 06 67 12 29 84 website : terreliquide.com , individual VAT identification number :
FR26901252742 , for the benefit of any individual or legal entity, hereinafter the "Participant(s) / Client(s)".
The Activity sold is supervised by a Monitor holding a State diploma of Sports Educator, hereinafter referred to as "the Supervisor", who exercises his activity under the status of independent worker.
The purchase of an Activity sold by Terreliquide implies knowledge and full acceptance of these general conditions of sale.
Article 1-Definition of the service
Terreliquide acts as a transparent intermediary between the Monitor and the Customer. It ensures the promotion and the resale of the Activities, and collects the payments in the name and on behalf of the Monitor.
[or / The canyoning or climbing instructor provides a service of supervision, animation, teaching and training in safety of the activity and its related activities.
The present general conditions only concern the sale of canyoning, climbing and similar activities in the sense of the aforementioned provisions, excluding any other transport, accommodation, food or equipment rental services.
According to the site where the service takes place, it is included in a related service of transport / specify possibly within the limits of the places available in the minibus of the Monitor, this service is not the subject of
and only concerns the customer in the context of the activity carried out. If the customer does not wish to benefit from it, this will not result in any change in the price.
Warning: The Instructor is not responsible for vehicles left parked during the performance.
Article 2-Sale of the Activity - Reservation
The registration request is made directly to Terreliquide by phone at 06 67 12 29 84, or by e-mail at email@example.com and mentions the name, first name, address, and contact information of the Customer.
The registration is effective after Terreliquide has sent a confirmation sms indicating the day, the time, the number of people, the price per person and a GPS point of the meeting place.
In the absence of acknowledgement of receipt from the customer within 2 days, the registration will be deemed not validated, Terreliquide retaining the possibility to confirm this registration after this period and until the day of the Activity.
The total amount due is paid to Terreliquide at the beginning of the Activity.
Sales at the counter in the usual premises of Terreliquide: The present general conditions are displayed and freely available for consultation.
In case of sale concluded at a distance (telephone, postal mail, ...): Before any order, Terreliquide provides the Customer with the contractual information in a way that allows their conservation and reproduction.
In the case of a sale concluded at a distance exclusively by electronic mail:
Terreliquide ensures that the Customer recognizes his obligation to pay when ordering, and includes the words "order with payment obligation" and the means of payment accepted for the conclusion of the contract.
Terreliquide acknowledges receipt of the registration request by e-mail or sms, and provides the Customer with confirmation and details of the contract on a durable medium.
Article 3-Right of withdrawal
The Customer is informed that, in accordance with the provisions of article L. 221-28 of the French Consumer Code, registration for an Activity is firm and definitive and that he/she does not benefit from a right of retraction.
Article 4-Rates - Additional fees - Payment methods - Claims
The rate corresponds to the Supervisor's fees as well as the Terreliquide operating costs. It relates to the sole service of supervision of the Activity to the exclusion of any other service. It is understood to include all charges.
The price takes into account the habits and customs of the profession, the number of participants, their technical and physical level, and the characteristics of the objective pursued (technical difficulty, altitude difference, commitment, etc.).
Terreliquide applies a rate defined according to the objective pursued, by the day (75€) or by the half-day (between 45 and 55€)
The rate communicated is deemed to correspond to the rate of the Activity due by each of the participants, unless Terreliquide has specified that it is a global rate of the Activity to be shared among all participants.
Any additional costs incurred by the activity (transportation, drinks, food, etc.) are borne and paid directly by the Client(s).
Terms of payment : The price of the Activity is to be paid by bank check to Terreliquide, by ANCV check or by cash.
Complaint: Any complaint is addressed by registered mail with acknowledgment of receipt to the address of Terreliquide, no later than one month after the occurrence of the event generating the request.
Article 5- Modification or cancellation of the Activity
Mountain activities are subject to hazards related to weather, snow and terrain conditions, the number of participants, as well as the experience, technical abilities and physical condition of the participants.
To ensure the safety of property and persons, the proposed Activity may be cancelled or modified by Terreliquide at any time before, at the beginning of, or during its execution.
- In case of modification of the Activity by Terreliquide or the Leader before or during the Activity (for meteorological, hydrological reasons or physical condition of the participants), the price of the substitute itinerary will be applied according to the customs, without being able to be inferior to the basic half-day price of Terreliquide mentioned in article 4, and without the Customer being able to claim any compensation.
In case of modification of the Activity due to the Customer, in particular for insufficiency of the physical or technical prerequisites declared, the tariff of the initial objective could be applied in its entirety.
- In case of cancellation of the activity by Terreliquide or the Supervisor before the activity, (for meteorological or hydrological reasons), priority is given to a postponement of the activity.
If the minimum number of participants is not reached for the realization of an Activity organized collectively, Terreliquide or the Supervisor may decide not to carry out the Activity. In this case, the sums paid by the Customer(s) are refunded.
- In case of cancellation of the Activity by the Client(s) :
For groups of more than 15 people with a deposit, the amount will be refunded in full.
- From 30 days to 4 days before the beginning of the Activity: the deposit is due.
- Less than 4 days before the beginning of the activity: the full price is due.
Article 6- Technical and physical requirements - health
Technical, physical or experience requirements may condition the Customer's access to the Activity.
The Customer who falsely declares to respect these prerequisites, and who has a technical, physical or experience level lower than the one declared, is entirely responsible for the consequences of any kind that could result from it.
In particular, the Customer must declare to Terreliquide and the Supervisor any health problem, medical history, occasional or long-term treatment, accident, likely to affect his physical or psychological health, as well as any particular apprehension (vertigo, history of accident, fears, ...).
Article 7- Organization of the Activity
Schedules : For the good progress of the Activity, the Customer commits himself to respect punctually the communicated schedules of appointment.
Failure by the Client to keep the appointment time may result in the modification of the Activity.
The instructor reserves the right to leave for the activity without you if you are more than 15 minutes late.
Number of participants: A maximum number of participants can be fixed for each Activity according to the customs and habits, the physical and technical level of the participants, and the weather and terrain conditions.
In the case of an activity organized collectively, a minimum number of participants may be set, as well as the date from which an insufficient number of registrants will not allow its realization.
Article 8- Equipment
Collective equipment: The price includes collective and safety equipment. (harness, helmet, suit...)
The Customer is informed that he is solely responsible for his personal material and/or equipment (camera, telephone, camera...) and for any damage that could result for him or for a third party.
If there is any doubt as to the obsolescence or unsuitability of his or her individual equipment, he or she should refer the matter to Terreliquide and/or the Supervisor.
The Leader may provide the Client with the technical and safety equipment necessary to perform the Activity, in which case the Client agrees to wear and use such equipment throughout the Activity, unless otherwise expressly indicated by the Leader.
Article 9-Responsibilities - Specific environment
Canyoning or climbing takes place in a specific environment which includes objective and random natural risks (rock falls, slips...) The supervision by a canyoning or climbing instructor does not make these natural risks disappear. The participant is aware of the dangers to which he is exposed.
The Supervisor is subject to a safety obligation of means and not of result. He/she uses all the means at his/her disposal, including renunciation, to ensure the safety of the participant with prudence and diligence, who retains an active role in the realization of the activity. The participant is responsible for his/her own safety and that of others. He/she must respect the rules of safety and behavior that are based on common sense, as well as those transmitted by the Leader.
Article 10-Insurance and Rescue
Terreliquide's supervisors are insured for professional liability in France and throughout the world, covering any damage resulting from their actions as professionals, including search, rescue and repatriation costs:
Tristan Cremonese - Insurer : AN3S contract n°675047304. Effective contract in France
Arthur Breuzet - Insurer AN3S contract n°675047304 Effective contract in France
Edouard Grosjean - Insurer SIM contract n°4014163D RAQVAM Assurance France 2022
This insurance does not replace the Customer's individual civil liability for damage caused to himself or to third parties, or resulting from an external natural phenomenon.
It is the responsibility of the Client(s) to take out individual civil liability insurance for the practice of canyoning or climbing including assistance, search, rescue and repatriation.
The Manager informs the Client that he/she has the option of taking out annual or daily insurance, it being specified that it is the Client's responsibility to ensure that the required guarantees are effectively covered.
What insurance is required for individual sports?
The free practice of a sport, i.e. on an individual basis, takes place outside the framework of an association or a club. It concerns, for example, the Sunday runner who takes advantage of his weekend to run a few kilometers in short strides or the group of friends who improvise a soccer game on a municipal field. The good news is that you are of course free to practice this type of activity without necessarily having to take out insurance.
But depending on the type of activity you practice, alone or with a professional, you should know that many sports are excluded from your usual insurance contracts, especially your Civil Liability for private life (generally linked to your comprehensive home insurance contract). Traditionally, activities considered as "exposed" are excluded (aerial activities, climbing, mountaineering, mountain biking, mechanized activities, underwater...) are excluded from this type of contracts.
Why buy insurance for your sports activities?
The professional who supervises you is insured in case he/she causes you an injury, to cover the costs of rescue to the nearest medical center; however, his/her insurance is not intended to cover the consequences of your individual behaviour or the costs of repatriation from the hospital to your home for example.
To protect yourself during your sporting activities, you can take out a specific sports insurance policy. This type of annual or daily contract covers :
1- Civil liability: During your sport, if you injure someone through your fault or your carelessness, in accordance with articles 1240 and 1241 of the civil code, you are civilly liable for having "caused damage to others".
2- If you are injured alone during the practice of the sport activity The Individual Accident Insurance ("IA") contract allows to compensate the important accidental bodily damages and eventually the medical expenses; the expenses of repatriation, search and rescue, the damages caused to the sport equipment.... Example : CAF Insurance - Au vieux campeur ...
Article 11-Right to the image
The Customer authorizes Terreliquide and the Supervisor to use without limitation for promotional and commercial purposes, by way of reproduction, representation, projection and adaptation, the images (photos and videos) taken during the supervised Activity, unless otherwise expressly indicated by the Customer before the beginning of the Activity.
The parents of the minor Client grant Terreliquide and the Framer permission to use the images of the minor Client under the same conditions.
Article 12-Dispute resolution and applicable law
The Customer(s), Terreliquide and the Framer favor an amicable settlement of a possible dispute, and failing that, have recourse to mediation with the Mediator.
The language of reference for the settlement of any disputes is French. All disputes will fall under the jurisdiction of the courts on which depends the headquarters of Terreliquide
LITIGATION - CONSUMER MEDIATION
In the event of a dispute between the Customer and the company, the latter will endeavour to resolve it amicably (the Customer will address a written complaint to the Customer Relations Department of the Consumer or that of the Vendor).
In the absence of an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the consumer Customer within the meaning of Article L.133-4 of the French Consumer Code has the possibility of seizing, free of charge, if a disagreement persists, the competent mediator registered on the list of mediators established by the Commission d'évaluation et de contrôle de la médiation de la consommation (Commission for the evaluation and control of consumer mediation) pursuant to Article L.615-1 of the Consumer Code.
The framework agreement on which the professional depends is being validated by the CECMC, the designated mediator is: SOCIÉTÉ DE LA MEDIATION PROFESSIONNELLE
24, rue Albert du Mun 33000 Bordeaux
Article 13-Personal data processing
The information collected in the registration form is recorded in a computerized file. The data collected will not be communicated to third parties and will be kept for five years.
You can access your data, rectify them, ask for their deletion, exercise your right to limit the processing of your data, or ask any other question, by contacting (Name and surname of the person in charge of data protection with e-mail address, postal address, telephone number, etc.)
If you feel, after contacting us, that your "Data Protection" rights are not being respected, you can consult the cnil.fr website or send a complaint to the CNIL.