General terms and conditions of sale
The present general conditions (hereafter ” CGV “) apply to any sale of services provided in the Mont Blanc Escalade hall (hereafter ” Hall “) concluded between the customer (hereafter ” Member “) and the company SAS Acticham (hereafter the ” Company “). Any sale implies the prior adhesion of the Member to the present GCS. The Member recognizes to have acquainted with them before placing order and to accept them without reserve in their entirety. The applicable GTC are those in force on the day of the sale. They cancel and replace in all their provisions those which could have been previously accepted by the Member. The Company reserves the right to adapt or modify these GTC at any time and to publish them on its website. The Member also acknowledges having read the Internal Regulations (hereinafter referred to as “IR”) which complete the GTC and which specify the terms and conditions of access to the facilities as well as the basic rules for their use. The IR include all instructions posted in the Room. The Member undertakes to comply with them without reservation. The IR may be modified at any time, and the Member will be informed of such modifications by posting them in the Hall or on the website.
1. SERVICES AND PAYMENT TERMS
The Member subscribes to one of the benefits described below. Any subscription made by or for a Member is personal and non-transferable. The applicable prices include all taxes and are those in force on the day of the sale. They are posted at the reception or on the website of the Hall. The Company reserves the right to change its prices at any time. Reduced rates are applied subject to the presentation of a valid receipt on the day of the subscription. The Member can find the details of his order and the documents related to it, on his Customer Account.
The “Climbing” services described below give access to the climbing areas for the duration of the service and according to the terms described in the IR. The annual subscription ends within twelve months of the date of subscription. Monthly subscriptions are paid by direct debit on a monthly basis, subject to the submission of a SEPA direct debit mandate accompanied by a bank account number. The Member may terminate the monthly subscription at any time, under the conditions set out in article 3 of the General Terms and Conditions of Sale. The 10-ticket card can be used without time limit. The payment is made in full, on the day of the order, by credit card, check or cash. As soon as the payment is made, the subscription becomes firm, definitive and non-cancellable.
– Courses and internships
Supervised climbing courses are offered to children and adults, schedules, rates and terms are posted at the reception or on the website.
Climbing courses are offered in the same way for children, during school vacations.
The Member may not change the time slot of the course or internship for which he or she has registered, unless the Company has given its prior consent.
Courses and workshops are paid in full on the day of registration, by credit card, check or cash. Upon payment, the Member’s registration becomes firm, final and non-cancellable.
Annual courses (10 months) can be paid in 10 monthly instalments, provided that the Member completes a SEPA direct debit mandate together with a bank details form. The first monthly payment will be made on the day of registration. The registration becomes firm and definitive on the day of the payment of the first monthly instalment, without any possibility of cancellation before its expiry, except in the cases mentioned in article 3.
The Company offers birthday packages for children, under the conditions of price, schedule and reception defined by each Hall offering this Service.
This formula is paid in full on the day of subscription, by credit card, check or cash. From the moment of payment, the sale becomes firm, final and non-cancellable.
2. CONDITIONS OF ACCESS
2.1 The opening hours of the Rooms are posted at the reception desk or on their website. Members will be informed of any changes but will not be entitled to any compensation.
2.2 Access to the rooms is by means of a personal, nominative and non-transferable card which is given to the Member when he/she places the order, in exchange for a payment of 5 euros. This card must be returned at the end of the contracted service in order for the initial payment to be refunded. In the event of loss or theft, the Member undertakes to inform the Company without delay. A new card will be given to him/her upon payment of a new amount of 5 euros.
2.3 Climbing shoes must be worn to enter the gym. Failure to do so may result in the Member being denied access. Each gym has a rental service for climbing shoes which the Member may use.
2.4 All rented equipment must be returned in perfect condition at the end of the session. Any damaged or unreturned equipment will be charged to the Member.
2.5 In addition to these GTCs and the IR, the Member undertakes to comply strictly with all the rules and instructions, particularly in terms of health and safety, which may be given to him or her verbally or by posting by the staff of the Hall.
The Member recognizes the right of the management of the Hall to exclude from the establishment any person whose attitude, behavior or dress would be of a nature to undermine the safety of the other members or which would constitute a violation of the penal laws (theft, violence, attack to the goods or to the persons, …) or a violation of the IR or of the instructions given by the personnel of the Hall.
3. TERMINATION – SUSPENSION
3.1. Termination at the initiative of the Company
The contract shall be terminated by the Company as of right, on the following grounds:
- a) in case of violation of criminal laws and those protecting the rights of third parties, without prior notice or warning;
- b) in case of non-compliance with these GTC or the IR, fifteen days after formal notice, indicating the intention to enforce this clause, remained unsuccessful. During this period, the Member will have the right to respond to the allegations. At the end of this period, the Contract will either be terminated or extended by 15 days.
- c) in the event of non-payment: one payment incident will result in the suspension of the access card until the situation is remedied; two or more payment defaults, consecutive or not, may result in the termination of the contract, after suspension of the access card, within fifteen days of a formal notice indicating the intention to enforce this clause, which has remained unfruitful.
Any amount paid by the Member shall be retained by the Company. These terminations do not prevent the Company from taking any legal action it deems necessary, and in particular from pursuing the collection of amounts still owed by the Member until the end of the Contract.
3.2. Termination at the initiative of the Member
3.2.1 The 10-ticket books are not refundable.
3.2.2 The other benefits are subscribed for a firm and definitive duration at the time of their subscription and cannot be cancelled before their term, except, and subject to the presentation of valid supporting documents (medical certificates, employers’ certificates…), for medical reasons, in case of pregnancy or incapacity to exercise any sporting activity for more than 6 months, or for professional reasons related to a situation of relocation for transfer. The cancellation will take effect upon receipt of the supporting documents at the following email address: email@example.com. The Member will be reimbursed by bank transfer of the amount corresponding to the period remaining until the end of the Contracted Service.
3.2.3 The monthly subscription can be cancelled at any time by sending a written request to firstname.lastname@example.org, with a one month notice or directly to the venue.
This period may be reduced in the cases referred to in Article 3.2.2.
3.2.4 In all cases, termination must be followed by the return of the membership card at the end of the notice period. If you fail to do so, the 5 euros paid to obtain the card will not be returned.
3.3.1 Upon presentation of a valid medical certificate attesting to a one-time incapacity, equal to or greater than one month and less than six months, of the Member to use his or her Contract, the latter may be suspended or extended for the duration indicated on the medical certificate, provided that the hall is informed of this as soon as possible, by sending the proof to the following email address email@example.com or directly to the hall. In the event of suspension of the monthly subscription, the current month’s payment will be maintained and subsequent payments will be frozen until the date of resumption, of which the Member will inform the Company in advance in the same manner.
3.3.2 The Contract may also be suspended or extended in the event of closure of the Room for work or in the event of force majeure, under the conditions described above. In the event of a temporary closure of less than fifteen days, the subscription will not be suspended or extended.
The Company is insured with MMA Insurance Company n°148025539, for damages involving its civil liability and that of its employees in accordance with Article L321-1 and following of the French Sports Code.
The Member is invited to take out personal liability insurance covering him or her, or a minor for whom he or she is the legal representative, for any bodily injury (including physical injury) or material damage that he or she may suffer or that he or she may cause to third parties in the course of the activities covered by the Contract between him or her and the Company. It is the responsibility of the Client to take out an insurance policy with any insurer of its choice, or to verify with its current insurer that it has the necessary coverage in this regard, prior to taking out any Services.
5. PHYSICAL ABILITY
The practice of a sport comes with risks. The Member must be able to assess what he or she is capable of. They are responsible for the way they play sports and the choices they make in this regard. He/she will take all necessary precautions to ensure his/her own safety or that of the minor for whom he/she is the legal representative and will ensure that he/she or the minor respects all safety rules that are communicated to him/her.
The Member certifies, however, that his/her physical constitution and state of health, or that of the minor for whom he/she is the legal representative, allow him/her to practice the sport in general, and more particularly bouldering where landings on mats are inevitable.