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Terms and conditions

General provisions

The website www.energetique-tibetaine.com is edited and managed by Valérie Lobsang-Gattini who owns and holds all the rights relating thereto. These general conditions of sale apply exclusively between Valérie Lobsang-Gattini - Route des Amerands - 74170 Saint-Gervais-les-Bains - France, (referred to below as "Energetique-Tibetaine.com") and any person (hereinafter referred to as "the participant") purchasing a stay.

Registration details

Registration implies acceptance of these general conditions of sale.

All registrations must be made by means of the registration form signed by each participant or by means of the reservation form completed and validated by the participant on the website www.energetique-tibetaine.com.

Receipt of the deposit only implies acceptance of the registration subject to availability. Confirmation of the reservation will be sent upon receipt of the deposit accompanied by the general conditions of sale and the invoice. The participant must ensure that the first and last names he writes in the registration form are identical and in the same order as those appearing on his travel documents (passports, CNI, etc.). We accept no responsibility for any errors.

Deposit and payment of the balance

For trips abroad:

The deposit of 30% is cashed upon registration. The balance is to be paid no later than 45 days before departure. As long as we have not received the payment of the deposit, we consider the registration request ineffective. If registration is made within 45 days of departure, the total price of the trip must be paid upon registration. For any registration within 15 days of departure, only cash payment (money order) is allowed. For any registration within 8 days of departure, a fee of 35 € will be charged. If the balance of the trip has not arrived 45 days before departure, Energetique-Tibetaine.com reserves the right to cancel the reservation without compensation.

For internships in France:

The deposit of 50% is cashed upon registration. The balance is to be paid at the latest before the 1st day of the course. As long as we have not received the payment of the deposit, we consider the registration request ineffective. If the balance of the trip has not arrived at the time when we start the course, Energetique-Tibetaine.com reserves the right to cancel the reservation without compensation.

Minimum number of participants and departures guaranteed - Small-group supplement

For travel

All trips are subject to a minimum number of participants. In the event that we do not have enough participants to ensure the departure, we will offer registered participants to maintain the departure, we will offer registered participants to maintain the departure for an additional participation which will be determined by the number of registered people ( on average between 200 and 400 euros). For travel, we will keep you informed 1 month before departure if this should happen and for courses, you will be notified 15 days before the start of the course. Of course, this supplement would be reduced or refunded if other participants were to complete the group at the last moment.

For internships

Internships are always provided, regardless of the number of participants

Reservation confirmation

Upon receipt of your deposit, we will send you the booking confirmation together with the final invoice.

Travel preparation letter

A document with many practical information will be sent to the participant after the balance of his internship or the trip.

Formalities

It is the responsibility of each participant to ensure before departure that he is in order with the police, customs and health formalities (passport, visa, vaccination certificate, recommended vaccines).

Price

The services included in the price are indicated in the technical sheet of the course or the trip. The total price invoiced may be different from that appearing on the website due to the additional services requested by the participant. Despite all the attention paid to the production of technical sheets for stays and internships, editing errors can creep in. In this case, the exact price is the one indicated to the participant when he pre-registered for the courses or when sending the complete registration form for the trips.

Cancellation insurance and Assistance

It is essential to have a comprehensive guarantee: assistance and repatriation during the trip, cancellation costs, medical costs, theft of luggage,…. In accordance with legal provisions, no cancellation and assistance insurance is necessarily sold with the trip, however we strongly recommend that you take out one. An indicative list is provided on our website, on the "Insured departures - Reservations" page. During the trip, the participant must have with him his insurance contract number and the telephone number corresponding to the insurance contract.

Cancellation by Energetique-Tibetaine.com

Each stay is subject to a minimum number of participants. Below the number indicated for the chosen trip, and no later than 21 days before the date of departure, or in the event of force majeure (risky local situation - political, health, natural disaster, weather conditions, etc.), the cancellation travel without penalties will be possible by Energetique-Tibetaine.com. In this case, all sums paid by the buyer will be fully refunded. Personal costs (issuance of passports, visas, cancellation insurance, emergency assistance and others) will not be reimbursed.

For internships in France, the date is reduced to 15 days.

Modification of the program

In accordance with the Tourism Code, Energetique-Tibetaine.com reserves the right to modify all or part of the established programs or to substitute one stage for another of equivalent quality depending on climatic, safety or other conditions.

Cancellation by the buyer

For travel

Cancellation is only made by registered letter with acknowledgment of receipt sent to Energetique-Tibetaine.com / Valérie Lobsang-Gattini, Route des Amerands, 74170 Saint-Gervais les Bains, France, the date of first presentation being authentic. In case of cancellation more than 46 days before departure, the deposit will be retained. From 45 to 30 days before departure, 50% of the total price of the trip will be retained. From 29 to 15 days before departure, 75% of the total price of the trip will be retained. From 14 days to the day of departure: 100% of the total price of the trip will be retained. Bank charges will be deducted from any refunds. Personal costs (issuance of passports, visas, cancellation insurance, emergency assistance and others) will not be reimbursed. Failure to comply with the payment schedule will result in the termination of the contract by the participant without notice and application of the cancellation scale.

For internships

No reimbursement takes place, however, you can choose another date in the same calendar year.

Assignment of the sales contract

If the buyer assigns his contract to an assignee, Energetique-Tibetaine.com may impose costs related to the change of name (plane tickets, train tickets, etc.).

Complaint deadline

In the event that participants have comments on the progress of their trip or their internship, and for an efficient processing of their request, they are asked to post their request accompanied by the original supporting documents no later than 15 days after the date. end of the tour by registered letter with acknowledgment of receipt to Energetique-Tibetaine.com / Valérie Lobsang-Gattini, Route des Amerands, 74170 Saint-Gervais les Bains, France. In the event of a dispute, only the courts of Annecy would be competent. Only French law is applicable. The photos, maps and illustrations of the brochures and website distributed under Energetique-Tibetaine.com are not contractual.

Accompaniement

In the event of force majeure, Energetique-Tibetaine.com may be required to replace the accompanying person (s) at any time, before or during the trip and this without compensation vis-à-vis the participant. Regarding swimming trips with dolphins, we cannot be held responsible if by bad luck we cannot meet them.

Respect

We reserve the right to exclude a participant from the trip if the behavior of the latter is inappropriate for the smooth running of the trip, disturbing or likely to interfere with the well-being of the other participants. In this eventuality, the latter will have no reimbursement on the continuation of the land service, on the air service, personal costs and other costs generated by this exclusion. His early repatriation will be at his expense. This person will be personally responsible for the disorder and its damage. As such, Energetique-Tibetaine.com may impose costs on it for the trouble caused. These costs will be used to compensate the other participants as well as any natural or legal person who has suffered damage of any kind.

Physical aptitude

For all trips, the participant must ensure that he is in good physical condition and that it is suitable for the intended trip. It is strongly advised to consult your doctor. Energetique-Tibetaine.com reserves the right not to accept a participant who does not meet the level criteria specified for information only in the technical sheets for each stay.

Cons - Participation indications

The trips and internships are not suitable for people who have attempted suicide, or undergoing psychiatric medical treatment, or subject to epileptic or schizophrenic seizures, or who have been treated for psychiatric reasons. If this applies to you, please accompany your registration with a medical certificate of fitness for travel from your attending physician. This trip is not suitable for people under guardianship or guardianship or with reduced mobility or requiring medical equipment or subject to dietary restrictions incompatible with the meals served to the general public. In general and as a precaution, any specificity regarding the participant's health related to the trip must be notified to us when requesting the reservation, as well as any other specific condition. Any state of pregnancy must be reported to us.

Responsibilities

Public liability

In accordance with the regulations which govern our profession, Energetique-Tibetaine.com is insured in Professional Civil Liability, however the responsibility of Energetique-Tibetaine.com does not replace the individual civil liability of which each participant must be the holder.

Personal Responsibility

Energetique-Tibetaine.com cannot be held responsible for: 1) Failure to register the participant at the start of a trip due to a delay in pre-routing, even if this delay results from a case of force majeure . 2) The impossibility for the participant to participate or continue his trip due to the absence of official documents, the presentation of outdated documents (passport, CNI, visa, etc.) or not in accordance with the regulations. At any time during the trip, the participant is free to participate or not in the proposed activities, and can leave immediately if he wishes. Any trip cut short, any service not used by the traveler does not give the right to any refund. The participant bears full responsibility for his actions, and assumes the consequences, in particular on material damage and bodily injury that he could cause. Energetique-Tibetaine.com cannot be held responsible for the loss or theft of travel documents and personal items.

During the trip or the internship

Each participant must comply with the advice given in the technical sheets and by the accompanying persons. Each participant must be aware that he may run risks of all kinds due to local conditions, such as poor road conditions, and to means of communication such as distance from medical centers, the political or health situation, risks geological,… The participant assumes them with full knowledge of the facts and undertakes not to place the responsibility on Energetique-Tibetaine.com. Likewise, Energetique-Tibetaine.com cannot be held responsible for the individual recklessness of one or more participants and reserves the right to exclude at any time any person whose behavior would endanger the safety of the group. or their well-being, without any compensation being due to the participant.

Liability and Risks incurred

In accordance with the provisions of Article L 211-16 of the Commercial Code, Energetique-Tibetaine.com cannot be held liable in the event of non-performance or improper performance of the contract attributable either to the buyer or to the unforeseeable fact and insurmountable from a third party foreign to the provision of the services provided in the contract, or to a case of force majeure.

Thus the responsibility of Energetique-Tibetaine.com can not be engaged in particular in the event of - non-presentation of administrative and health documents in order, - loss by the participant or theft of plane tickets, - wars, political unrest, strikes, incidents technical, bad weather, airspace congestion, delay in particular for safety reasons, breakdown, loss, theft, delay, or deterioration of baggage and other effects, injunctions from an administrative authority, etc ...

Energetique-Tibetaine.com offers all-inclusive leisure and well-being activities. Plane tickets are issued by a local agency, Cid Voyages, located 74400 Chamonix Mont-blanc. As soon as Energetique-Tibetaine.com has confirmed the reservation and received the plane tickets from Cid Voyages, Energetique-Tibetaine.com will send them to the participant.

The responsibility of Energetique-Tibetaine.com can not replace that of the carriers or that of its service providers, in the event that the airline does not provide the transport purchased for any reason whatsoever: overbooking, cancellation, delay , bankruptcy, loss of baggage, technical failure, error or modification of programming, schedules, arrival and departure airport, staff strikes, weather conditions, etc. During the trip, program modifications linked to the difficulties of organization or decided for reasons of security or force majeure may arise. They do not engage the responsibility of Energetique-Tibetaine.com. Participants cannot claim a refund or compensation, in particular due to the change in the duration of the trip initially planned or delay at an air stopover, etc. Any additional costs (taxes, hotel, parking, redemption of travel tickets transport…) will remain the responsibility of the participant.

Concerning pre-routing and post-routing, Energetique-Tibetaine.com advises the participant to book reimbursable or modifiable tickets. Energetique-Tibetaine.com can not be held liable for any compensation if the content or duration of the trip should be changed due to carriers or other service providers. Any additional costs (taxes, hotel, parking, redemption of transport tickets, etc.) will remain the responsibility of the participant.

The Montreal Convention specifies in its article 19: “the carrier is liable for damage resulting from a delay in the carriage by air of passengers, baggage or goods. However, the carrier is not liable for damage caused by delay if he proves that he, his servants or agents took all the necessary measures to avoid the damage, or that it was impossible for them to do so. to take ". Airlines, on the basis of this regulation, limit their liability in the event of delay, change of airport or stopover. It is common for airline tickets to include the following statement "the carrier undertakes to do its best to transport the passenger and baggage with due diligence." The times indicated on the timetables are not guaranteed and do not form part of this contract. The carrier may, without notice, substitute for other carriers, use other planes. He can modify or delete the stopovers provided for on the ticket if necessary. Times are subject to change without notice. The carrier assumes no responsibility for connections ”. Energetique-Tibetaine.com can only take note of this limitation of liability and cannot therefore be responsible for the consequences linked to such hypotheses.

Baggage

Each participant must ensure that their luggage is present when organizing transfers.

During the trip, luggage can be transported by rudimentary means (on the back of yak, on the back of mules, on the roof of 4x4s, jeeps, or buses, etc.) and must be adapted to these conditions. Energetique-Tibetaine.com will not pay any compensation in the event of deterioration. Each participant is required to keep with him, in a small "day" bag and under his responsibility, fragile objects such as glasses, camera, mobile phone, identity documents, travel documents, etc.

Duration

The day of the meeting, even if it is late at night, and the day of arrival even if it is early in the morning, are included in the duration of the trip. We do not assume the additional costs caused by morning or late departure or return schedules. The prices are fixed prices and cannot give rise to any refund or credit in the event of an early or late departure or arrival time.

"Aerial blacklist", mandatory mention

Pursuant to article 9 European Regulation 2111/2005 of December 14, 2005, the list of airlines banned from operating in the European Community can be consulted in agencies and on the website http://ec.europa.eu/ transport / air-ban / list_fr.htm.

Claim

Any complaint relating to the trip must be addressed by the participant to Energetique-Tibetaine.com / Valérie Lobsang-Gattini - Route des Amerands - 74170 Saint-Gervais les Bains, by registered letter with acknowledgment of receipt at the latest one month after the date of return, accompanied by all supporting documents.

Contestation

Subject to the quality of the applicant, any dispute is the exclusive responsibility of the Commercial Court of Annecy.

CNIL

In accordance with the provisions of Law No. 78-17 of January 6, 1978, you have the right to access and rectify personal information concerning you by contacting Energetique-Tibetaine.com - Valérie Lobsang-Gattini, Route des Amerands - 74170 Saint-Gervais-les-Bains.

Modification of the information contained in the technical data sheets

Article R211-5 of the Tourism Code Certain information contained in the technical sheets may be modified before the conclusion of the travel contract. Energetique-Tibetaine.com undertakes to communicate to its customers in writing any changes that may be made to the information contained in this catalog.

Special conditions of sale for trips at altitude (over 2000 m)

These general conditions of sale complete the general conditions of sale.

Assistance

Traveling at altitude in the Himalayan regions involves risks that should be avoided by being properly insured. Assistance, mainly covering search and rescue costs, repatriation and medical costs, intervenes as soon as a medical contact makes it possible to decide on your repatriation. Beforehand, in regions far from medical infrastructures and difficult to access, you must accept the organization of first aid by local means (porters, yaks, horses, mules, 4x4, etc.). We invite you to carefully check the limits of your personal insurance and assistance contracts, in particular concerning search and rescue. As an indication, a minimum amount of € 15,000 is recommended, which is the case for the FFME, the federation of French alpine clubs, etc.

Tourism Code

The conditions of sale are subject to the provisions of articles R211-3 to R211-11 of the Tourism Code relating to the "Contract for the sale of trips and stays", amended by Decree No. 2009-1650 of 23 December 2009, and that we reproduce in full below in application of article R211-12 of the Tourism Code.

Article R211-3

Subject to the exclusions provided for in the third and fourth paragraphs of article L. 211-7, any offer and any sale of travel or holiday services give rise to the delivery of appropriate documents that meet the rules defined by this section. In the event of the sale of air tickets or tickets on a regular line not accompanied by services related to this transport, the seller delivers to the buyer one or more tickets for the entire trip, issued by the carrier or under his responsibility. In the case of transport on demand, the name and address of the transporter, on whose behalf the tickets are issued, must be mentioned. Separate invoicing of the various elements of the same tourist package does not exempt the seller from the obligations made to him by the regulatory provisions of this section.

R211-3-1

The exchange of pre-contractual information or the provision of contractual conditions is carried out in writing. They can be done electronically under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code. The name or company name and address of the seller are mentioned as well as the indication of its registration in the register provided for in Article L. 141-3 or, where applicable, the name, address and '' indication of the registration of the federation or union mentioned in the second paragraph of article R. 211-2.

Article R211-4

Prior to the conclusion of the contract, the seller must communicate to the consumer information on prices, dates and other elements constituting the services provided during the trip or stay such as: 1 ° The destination, means, characteristics and categories of transport used; 2 ° The type of accommodation, its location, its level of comfort and its main characteristics, its approval and its tourist classification corresponding to the regulations or customs of the host country; 3 ° The catering services offered; 4 ° The description of the itinerary in the case of a circuit; 5 ° The administrative and health formalities to be carried out by nationals or by nationals of another Member State of the European Union or of a State party to the Agreement on the European Economic Area in the event, in particular, of crossing borders as well as their completion deadlines; 6 ° Visits, excursions and other services included in the package or possibly available at an additional cost; 7 ° The minimum or maximum size of the group allowing the completion of the trip or stay as well as, if the completion of the trip or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation the trip or stay; this date cannot be set less than twenty-one days before departure; 8 ° The amount or percentage of the price to be paid as a deposit at the conclusion of the contract as well as the schedule for payment of the balance; 9 ° The terms for revising prices as provided for in the contract in application of article R. 211-8; 10 ° The cancellation conditions of a contractual nature; 11 ° The cancellation conditions defined in articles R. 211-9, R. 211-10 and R. 211-11; 12 ° Information concerning the optional subscription to an insurance contract covering the consequences of certain cases of cancellation or of an assistance contract covering certain specific risks, in particular repatriation costs in the event of an accident or sickness ; 13 ° When the contract includes air transport services, the information, for each flight segment, provided for in Articles R. 211-15 to R. 211-18.

Article R211-5

The prior information given to the consumer binds the seller, unless the seller has expressly reserved the right to modify certain elements in it. The seller must, in this case, clearly indicate to what extent this modification can occur and on what elements. In any case, the modifications made to the prior information must be communicated to the consumer before the conclusion of the contract.

Article R211-6

The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. When the contract is concluded electronically, Articles 1369-1 to 1369-11 of the Civil Code are applied. The contract must include the following clauses: 1 ° The name and address of the seller, its guarantor and its insurer as well as the name and address of the organizer; 2 ° The destination or destinations of the trip and, in the event of a split stay, the different periods and their dates; 3 ° The means, characteristics and categories of transport used, the dates and places of departure and return; 4 ° The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification by virtue of the regulations or customs of the host country; 5 ° The catering services offered; 6 ° The itinerary in the case of a circuit; 7 ° Visits, excursions or other services included in the total price of the trip or stay; 8 ° The total price of the services invoiced as well as an indication of any possible revision of this invoicing by virtue of the provisions of article R. 211-8; 9 ° The indication, if applicable, of fees or taxes relating to certain services such as landing, disembarkation or embarkation taxes in ports and airports, tourist taxes when they are not included in the price of the service (s) provided; 10 ° The schedule and terms of payment of the price; the last payment made by the buyer may not be less than 30% of the price of the trip or stay and must be made when submitting the documents allowing the trip or stay; 11 ° The special conditions requested by the buyer and accepted by the seller; 12 ° The terms according to which the buyer can submit a complaint to the seller for non-performance or improper performance of the contract, a complaint which must be sent as soon as possible, by any means allowing an acknowledgment of receipt to be obtained from the seller, and, where applicable, reported in writing to the trip organizer and the service provider concerned; 13 ° The deadline for informing the buyer in the event of cancellation of the trip or stay by the seller in the event that the completion of the trip or stay is linked to a minimum number of participants, in accordance with the provisions of 7 ° of article R. 211-4; 14 ° Cancellation conditions of a contractual nature; 15 ° The cancellation conditions provided for in articles R. 211-9, R. 211-10 and R. 211-11; 16 ° Details of the risks covered and the amount of guarantees under the insurance contract covering the consequences of the seller's professional civil liability; 17 ° Information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the buyer (policy number and name of the insurer) as well as those concerning the assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness; in this case, the seller must give the buyer a document specifying at least the risks covered and the risks excluded; 18 ° The deadline for informing the seller in the event of transfer of the contract by the buyer; 19 ° The commitment to provide the buyer, at least ten days before the date scheduled for his departure, the following information: a) The name, address and telephone number of the local representative of the seller or, at default, the names, addresses and telephone numbers of local organizations likely to help the consumer in the event of difficulty or, failing that, the telephone number enabling urgent contact to be established with the seller; b) For trips and stays of minors abroad, a telephone number and an address allowing direct contact with the child or the person responsible for his stay; 20 ° The clause for termination and reimbursement without penalties of the sums paid by the buyer in the event of non-compliance with the information obligation provided for in 13 ° of article R. 211-4; 21 ° The commitment to provide the purchaser, in good time before the start of the trip or stay, with the departure and arrival times.

Article R211-7

The buyer can assign his contract to a transferee who fulfills the same conditions as him to make the trip or stay, as long as this contract has not produced any effect. Unless stipulated more favorable to the transferor, the latter is required to inform the seller of his decision by any means allowing an acknowledgment of receipt to be obtained no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This transfer is under no circumstances subject to prior authorization from the seller.

Article R211-8

When the contract includes an express possibility of price revision, within the limits provided for in article L. 211-12, it must mention the precise methods of calculating, both upward and downward, price variations, and in particular the amount of transport costs and related taxes, the currency (s) that may have an impact on the price of the trip or stay, the part of the price to which the variation applies, the rate of the currency (s) used as a reference when establishing the price appearing in the contract.

Article R211-9

When, before the buyer's departure, the seller is forced to make a modification to one of the essential elements of the contract such as a significant increase in the price and when he disregards the information obligation mentioned in 13 ° of article R. 211-4, the buyer may, without prejudice to recourse for compensation for any damage suffered, and after having been informed thereof by the seller by any means enabling an acknowledgment of receipt to be obtained: - either terminate his contract and obtain immediate reimbursement of the sums paid without penalty; -or accept the modification or the replacement trip proposed by the seller; an amendment to the contract specifying the modifications made is then signed by the parties; any reduction in price is deducted from any sums still owed by the buyer and, if the payment already made by the latter exceeds the price of the modified service, the overpayment must be returned to him before the date of his departure.

Article R211-10

In the case provided for in Article L. 211-14, when, before the buyer's departure, the seller cancels the trip or stay, he must inform the buyer by any means allowing to obtain an acknowledgment of reception; the buyer, without prejudice to recourse for compensation for any damage suffered, obtains immediate reimbursement from the seller without penalty of the sums paid; the buyer receives, in this case, an indemnity at least equal to the penalty that he would have borne if the cancellation had been made by him on that date. The provisions of this article do not in any way preclude the conclusion of an amicable agreement having as its object the acceptance, by the buyer, of a substitute trip or stay offered by the seller.

Article R211-11

When, after the buyer's departure, the seller is unable to provide a preponderant part of the services provided for in the contract representing a not insignificant percentage of the price paid by the buyer, the seller must immediately take the following measures without prejudge remedies for damages that may have been suffered: - either offer services to replace the services provided, possibly bearing any additional cost and, if the services accepted by the buyer are of inferior quality, the seller must reimburse him, as soon as he is return, the price difference; -or, if he cannot offer any replacement service or if these are refused by the buyer for valid reasons, provide the buyer, at no additional cost, with tickets to ensure his return in conditions that may be deemed equivalent to the place of departure or to another place accepted by both parties. The provisions of this article are applicable in the event of non-compliance with the obligation provided for in 13 ° of article R. 211-4

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