General sales conditions

The services presented by the Air Tarentaise site are offered by the company Mountain Attitude.

Mountain Attitude is a S.A.R.L company with a capital of 5,000 Euros, registered with the Chambéry RCS under the number 852 070 853 R.C.S.

As part of its activities, the Mountain Attitude company is certified FFVL and by the Ministry of Youth, Sports and Community Life.

Air Tarentaise offers air and sports products and services, developed by Mountain Attitude, in the form of “direct services”. The services can be provided directly by the Mountain Attitude company or through service companies or independent workers (instructors, instructors). In this case, Mountain Attitude acts as a third party to the contract formed between the beneficiary and the service provider.

These general conditions of sale are valid from 1 January 2021.

Section 1. Preamble

Mountain Attitude is a limited liability company, with a capital of 5,000 euros, registered with the Chambéry RCS under the number 852 070 853 R.C.S, whose head office is located in Aime La Plagne (73210) — Bat E- Route de la Cote d'Aime.

Mountain Attitude acts in the name and on behalf of the instructors with whom it contracts.

In this context, Mountain Attitude has taken out civil liability insurance for the activities it offers.

These conditions apply to all transactions carried out on the Air Tarentaise website, to the exclusion of all other conditions.

Acceptance of these general conditions of sale is essential before carrying out any of the following actions:

- the acquisition of a service sold by Mountain Attitude;

- the receipt of a gift voucher allowing the realization of the services offered;

- the use of the gift voucher or the service purchased;

- the delivery of the exchange voucher to one of the independent instructors in order to benefit from services or teaching.

The carrying out of any of the above actions means the unreserved acceptance of these conditions in their entirety.

Section 2. Definitions

The terms defined below will have the following meanings in these general conditions of sale:

(I) beneficiary: refers to the person using the service.

(II) gift voucher: Coupon valid for one year entitling you to consume a service.

(III) customer: refers to the person who buys a service, it being specified that the customer may or may not be the beneficiary of the service.

(IV) personal data: refers to all information that makes it possible, in particular on the Internet, to identify a natural person directly or indirectly (name, first name,

email address, etc.).

(V) independent instructor: independent instructor agreeing with Mountain Attitude, it being specified that the independent instructor works under his own responsibility.

(VI) party (s): refers to the customer and/or Mountain Attitude.

(VII) service: refers to the service provided by Mountain Attitude to the beneficiary.

(VIII) site: refers to the website accessible under the URL parapente-la-plagne.com

(IX) user: refers to the person who browses or connects to the site, without necessarily being a customer or a beneficiary.

Section 3. Scope of application of the general conditions of sale

The purchase of services is reserved only for users who have previously read these general conditions of sale in their entirety.

Consequently, the finalization of the order process on the site implies express acceptance by the user of these general conditions.

These general conditions apply to any purchase of Mountain Attitude services, on the site.

These conditions apply to the exclusion of all other conditions.

These general terms and conditions are valid as of January 1, 2021. They cancel and replace all previous versions of these terms and conditions.

Mountain Attitude reserves the right to modify these terms and conditions at any time, without notice, provided that such changes will not be applicable to orders previously accepted and confirmed by Mountain Attitude.

Any customer declares to have the legal capacity in accordance with article 1124 of the Civil Code to contract and use the site, in accordance with these general conditions of sale.

Section 4. Terms of use of gift vouchers

Gift vouchers are activated as soon as the benefits are paid.

In the event of an activation problem, the proof of purchase of the gift voucher and related services (order confirmation email) must be provided to obtain the activation of the voucher later.

Only the presentation of the gift voucher to the independent instructor by the beneficiary gives the right to a service. The gift voucher is only valid for the only activity booked on the site. The gift voucher is valid every day of the week including weekends depending on the availability of independent instructors.

The services do not under any circumstances include transport to the place of the service.

The photographs presented on the site are not contractual. Any partial or complete reproduction of these is prohibited.

Insofar as the service is provided by the independent instructor, Mountain Attitude cannot in any way be held responsible for the methods of execution of the service by the independent instructor.

In the event of non-use, loss, theft or destruction of the gift voucher, the beneficiary will not be entitled to any refund or compensation of any kind whatsoever.

Independent instructors hold professional liability insurance for sufficient amounts to provide services and have all the authorizations and diplomas allowing them to carry out their activities on a regular basis and in accordance with applicable legal and regulatory provisions.

However, the beneficiary is invited to check that he himself benefits from sufficient insurance coverage, and no medical contraindications or contractual prohibitions, in particular for the practice of certain sports activities called “at risk”.

In this respect, the beneficiary is reminded that the provision of services in good security conditions does not exempt him from observing the elementary rules of caution for sports activities, in particular those referred to as “at risk”.

The beneficiary accepts the risks accordingly.

Section 5. Financial provisions

5.1 Price

The prices of the services offered, displayed on the site, are those in force on the day of the order.

The amounts paid in exchange for the acquisition of gift vouchers are outside the scope of application of 20% VAT, in accordance with the regulations and administrative doctrine in force.

For gift vouchers sent by post, the shipping costs, defined below, applied for delivery are not included in the price, unless expressly stated by Mountain Attitude.

These costs are therefore invoiced in addition and indicated before the final validation of the order.

5.2 Payment terms

Payment of the order may, at the customer's choice, be made by check, bank card, credit card, paypal, bank transfer, google pay, apple pay, Klarma, Mountain Attitude credit (voucher or code) or others, according to the following methods:

By bank card (Carte Bleue, Visa Card, Eurocard/Mastercard), by indicating directly in the area provided for this purpose, the card number, its validity date, as well as its control code located on the back of the card.

The total amount of the order will be debited from the bank card on the day of the order. Mountain Attitude reserves the right to suspend all order processing in the event of refusal of payment authorization by the customer's bank.

The site allows the customer's bank details to be transmitted in a confidential and secure manner, when ordering (secure entry by SSL encryption);

by Paypal: this payment method will be offered only if the customer chooses to pay by credit card. The customer connects to his Paypal account, or creates one, by following the procedures that will be indicated to him;

by bank check, which can be endorsed in a French bank exclusively, payable to Mountain Attitude. The delivery times for gift vouchers will be calculated from the date of receipt of the check, which must be sent to the following address:

Mountain Attitude

BEAT E

Route of the Cote d'Aime

73210 Aime La Plagne

With mandatory mention of the order number on the back of the check. If you do not mention this number, the order may not be validated and may even be cancelled. In the latter case, the check will be returned to the customer;

by Mountain Attitude credit (voucher or code), for which the customer will be invited to enter the credit note number by email. In the event that an additional price should be paid, the difference may be paid according to a method of payment provided for in this article.

On the other hand, in the event that the order has a value less than the value of the credit note, this balance in favor of the customer will be kept by Mountain Attitude and can be used again by the customer for another purchase on the site;

Section 6. Right of withdrawal

When purchasing a service in accordance with the terms of Article L. 121-20 of the Consumer Code, the customer has a period of seven (7) clear days to exercise his right of withdrawal, without having to justify reasons, or to pay penalties, with the exception of return costs, provided that the gift voucher has not been consumed.

In the event that the customer intends to exercise his right of withdrawal, he must inform Mountain Attitude by registered letter with acknowledgement of receipt, within the time limit mentioned above, postmarked as proof, to the address below:

Mountain Attitude

BEAT E

Route of the Cote d'Aime

73210 Aime La Plagne

The shipping costs will remain the responsibility of the customer.

The period mentioned above starts from the purchase of the gift voucher.

Any withdrawal made in accordance with the conditions of this article will result in a refund of all amounts paid at the latest within thirty (30) days from receipt of the letter.

Section 7. Order services

Services can only be ordered on the website www.air-tarentaise.com

The gift voucher is then sent by email or delivered to the customer or beneficiary according to the methods defined in article 8 below.

Section 8. Delivery

8.1 Place of delivery

By default, when ordering, gift vouchers purchased online are sent by email. They are not physically delivered and the buyer can print them immediately. If the buyer chooses the paid option of sending the gift voucher by post, it will be shipped by post. Mountain Attitude only ships to mainland France.

Gift vouchers will be delivered to the address indicated by the customer when entering the order.

Mountain Attitude cannot therefore, under any circumstances, be held liable for any reason whatsoever in the event of the absence of the customer or the beneficiary during the delivery of the voucher, or in the event of an input error when placing the order.

8.2 Delivery method

Gift vouchers are delivered by post if the option is chosen by the customer.

If the method of payment chosen is the bank check, the sending by email and/or the voucher will be sent as soon as the check is received by Mountain Attitude

8.3 Shipping costs and gift voucher production

The shipping costs are fixed and are invoiced in addition to the price of the order. A fixed sum of €10 corresponding to the production and sending of the gift voucher and to be added to that of the order.

Use of the gift voucher

8.4 Making appointments with independent instructors

The gift voucher is not nominative, but corresponds to a single use. It describes the services provided.

To benefit from the services provided, the customer (or the beneficiary) must contact Mountain Attitude via its website www.air-tarentaise.com or by telephone, after which Mountain Attitude will propose an appointment date. The latter may change according to meteorological and aerological forecasts.

8.5 Cancellation by the customer or the beneficiary

Except if the customer has taken out cancellation insurance, no refund is provided in the event that the beneficiary wishes to cancel the gift voucher and/or not benefit from the service provided during the validity period of the gift voucher.

In any event, no refund of the voucher is provided if it has not been used during its validity period.

Except in cases of force majeure and subject to presentation of supporting documents, an appointment agreed between the parties can no longer be cancelled by the customer or the beneficiary two days before the agreed date. Otherwise the gift voucher will be considered consumed.

A gift voucher must be valid on the day of the service. Otherwise, the beneficiary must subscribe to a paid deferral of the end of validity of the gift voucher;

If the appointment date is postponed due to bad weather conditions and if on this occasion the gift voucher reaches its end of validity date then if the first request for an appointment, by the customer or the beneficiary, was made within a period less than or equal to four weeks before the expiry date of the voucher, the beneficiary must subscribe to a paid extension of the end of validity of the voucher. Otherwise, the gift voucher remains valid for a deferral, then the beneficiary must take out a paid deferral at the end of the validity of the gift voucher. In all cases and even for meteorological reasons, the validity period of a gift voucher ending in the current calendar year cannot exceed the annual closing date of the establishment, indicated on the Mountain Attitude website, of the same calendar year. To postpone the end of validity of the gift voucher beyond this date, the customer or the beneficiary must subscribe to a paid extension of the end of validity of the voucher taking into account the duration of the annual closure.

The choice, by the customer or the beneficiary, of the number of months for which the end date of validity of the gift voucher is postponed must be made taking into account the duration of the annual closure of the establishment, the file processing times of up to three weeks and the meteorological hazards likely to be the cause of two to three postponed appointment dates.

8.6 Cancellation by Mountain Attitude

Except for meteorological reasons, if Mountain Attitude is not in a position to fulfill its obligations during the validity of the exchange voucher, the customer may choose to receive a credit note, or be reimbursed by Mountain Attitude for the price of the service.

A credit note is valid for one year.

Mountain Attitude is not held responsible if the customer cannot free himself on the slots provided for the performance (s) of the service (s).

Section 9. Non-compliance

9.1 Error caused by Mountain Attitude

In the event of an error relating to the order, the customer must make his observations by registered letter with acknowledgement of receipt sent to the following address:

Mountain Attitude

BEAT E

Route of the Cote d'Aime

73210 Aime La Plagne

Any comments may also be sent via the website https://www.air-tarentaise.com by referring to the “Contact” section.

In any event, regardless of the method of transmission chosen by the customer, any error relating to gift vouchers must reach Mountain Attitude within 72 working hours from the receipt of the email confirming the order by the customer.

Any complaint relating to the gift vouchers ordered, not made in accordance with the rules of this article and within the time limit set, will not be taken into account and will release Mountain Attitude from any responsibility towards the customer.

Section 10. Exchanges and guarantees

10.1 Exchanges

Mountain Attitude allows customers to exchange services ordered on the site and not performed.

This possibility is offered to the customer for the duration of validity of the corresponding gift voucher.

If the amount of the services chosen in exchange is lower than the amount of the services initially chosen, a credit note will be issued in favor of the customer and usable for another purchase on the site until the expiry date of the credit note.

If the amount of the services chosen in exchange is higher than the amount of the services initially chosen, the difference will be paid directly by any method of payment provided above at the customer's choice.

10.2 Non-conformity of the service

Immediately after the use of the gift voucher and in the event that the service consumed does not comply with the description provided by Mountain Attitude on the gift voucher, the beneficiary may request compensation in the form of a credit note.

The non-compliance must be established immediately after the performance of the service in the presence of the beneficiary, the independent instructor, and a legal representative of the Mountain Attitude company.

This credit note will cover the difference in value between the service consumed and that described on the site.

Section 11. Validity period of gift vouchers

Gift vouchers have a period of use limited to one (1) year, starting from the date of purchase (date of payment).

This duration is specified on the gift vouchers.

Section 12. Cancellation insurance

Cancellation insurance may be offered in the products developed by Mountain Attitude and allows the Customer to be reimbursed in the event of a medical problem encountered. This insurance is offered by Meetch and is completely independent of Mountain Attitude.

Any notification of cancellation must be made on the dedicated website of the company Meetch present in the contract at the time of subscription. Mountain Attitude cannot intervene on this reimbursement.

No refund is possible without the possession of “cancellation insurance”

Section 13. Customer service — Complaints

Any other request for information and details concerning in particular the purchase, reimbursement, exchange, operation of gift vouchers should be sent to Mountain Attitude:

By phone at 0783783790, every day from 9:00 a.m. to 5:00 p.m., excluding Sundays and public holidays.

Through the website http://www.air-la-plagne.com by referring to the “Contact” section;

By mail, to the following address:

Mountain Attitude

BEAT E

Route of the Cote d'Aime

73210 Aime La Plagne

Section 14. Personal data

Concerned about respecting the privacy of the user and the protection of the information transmitted to him, Mountain Attitude respects the legislation in force concerning the protection of privacy.

The https://www.air-tarentaise.com website is regularly declared to the CNIL.

In accordance with the provisions of Law No. 78-17 of January 6, 1978 “Informatique et Libertés”, the customer has the right to access, rectify, delete personal data and a right of opposition that he can exercise. To do this, the customer must send a letter to the following correspondence address:

Mountain Attitude

BEAT E

Route of the Cote d'Aime

73210 Aime La Plagne

Section 15. Responsibility

Mountain Attitude acts as a transparent intermediary by offering the client or beneficiary services performed by one of the independent instructors.

Mountain Attitude's responsibility is limited to that of a transparent intermediary for all the services offered on the site,

In any event, Mountain Attitude cannot under any circumstances be held liable if the non-execution or poor execution of the contract is attributable either to the customer, or to the beneficiary, or to the independent instructor, or to a case of force majeure.

In this respect, Mountain Attitude cannot under any circumstances be held liable in the event of damage caused by the client to the independent instructor or by the independent instructor to the client.

Section 16. Insurances

Insurance from Service Providers or third party companies.

The Customer is informed that the Service Providers chosen by Mountain Attitude are all holders of Professional Civil Responsibility for clearly sufficient amounts, and have all the authorizations or diplomas allowing them to carry out their activities.

Complementary insurances.

It is up to the Customer or Beneficiary who considers that the level of guarantees offered by the Service Provider with regard to the activity practiced and his personal social protection is too low, to take out additional guarantees (art 37 and 38-L84-610 of the Insurance Code - information obligation)

Section 17. Intellectual property

The elements composing the website and other advertising communication documentation, in particular in the form of texts, photographs, images, icons, logos, are the integral and exclusive property of Mountain Attitude.

It is strictly forbidden to reproduce, represent, modify, transmit, transmit, publish, adapt, on any medium whatsoever, by any means whatsoever, or to exploit in any way whatsoever, all or part of the elements mentioned in the previous paragraph without the prior written authorization of Mountain Attitude.

Section 18. Nullity

In the event that one of these provisions should be declared null or deemed to be unwritten, the validity of the other provisions of these general conditions of sale will not be called into question.

Section 19. Dispute resolution - Applicable law

Disputes arising from the use of the air-tarentaise.com reservation center will fall under the jurisdiction of the Albertville Courts. These General Terms and Conditions are subject to French law.

Section 20. Litigation - Consumer mediation

In the event of a dispute between the Customer and the company, they will endeavour to resolve it amicably (the Customer will send a written complaint to the Manufacturer's Customer Relations Department or that of the Seller).

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 Consumer Code has the possibility of contacting, free of charge, if a disagreement persists, the competent mediator registered on the list of mediators established by the 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 appointed mediator is

SOCIÉTÉ DE LA MÉDIATION PROFESIONAL

https://www.mediateur-consommation-smp.fr/procedure-acces-mediation/

Professional Mediation Society

Alteritae

5 Salvaing Street

12000 Rodez