- Place de l'Hôtel de ville
15300 MURAT - +33 4 71 20 09 47
- contact@hautesterrestourisme.fr
These general terms of sale were approved by the Management Committee of Hautes Terres Tourisme on October 18, 2022 (deliberation no. DE_043_2022).
Hautes Terres Tourisme, EPIC, registered under number 48517179700015 in Aurillac whose head office is located at Place de l’Hôtel de Ville, 15000 Aurillac
-Phone : +33 4 71 20 09 47
-Mail : contact@hautesterrestourisme.fr
-Legal representative: Arnaud BRUZAT in his capacity as Director
Registration in the register of travel and stay operators: IM015220004 Financial guarantor: APST, 15 avenue Carnot, 75017 Paris.
Professional liability insurer: Groupama d'Oc, rue du Coq vert, 15000 AURILLAC.
Address of the sales website: https://boutique.hautesterrestourisme.fr/ Hereinafter referred to as « Hautes Terres Tourisme »
The purpose of these general conditions is to define the rights and obligations of the parties in the context of the marketing by Hautes Terres Tourisme of tourist services provided directly by it or by partner service providers, intended for people who have the status of consumers or not. professionals within the meaning of the Consumer Code or traveler within the meaning of the Tourism Code and having the legal capacity to contract (hereinafter referred to as “the Client(s)”).
Customer : natural person having the status of consumer or non-professional within the meaning of the Consumer Code, or traveler within the meaning of the Tourism Code, who contracts with Hautes Terres Tourisme within the framework of these general conditions of sale.
Service : travel service or tourist package within the meaning of article L. 211-1 of the tourism code.
Online contract : contract concluded as part of the purchase of service(s) on the Hautes Terres Tourisme website.
Distance contract : any contract concluded between a professional and a consumer, as part of an organized system of distance sales or provision of services, without the simultaneous physical presence of the professional and the consumer, through the exclusive use of one or several remote communication techniques until the conclusion of the contract, excluding the Hautes Terres Tourisme website.
Durable medium : any instrument allowing the consumer or Hautes Terres Tourisme to store information addressed to them personally in order to be able to refer to it later for a period of time adapted to the purposes for which the information is intended and which allows reproduction at identical to the information stored (Introductory article of the Consumer Code).
Group : the group must consist of at least 10 people at the time of purchasing a shared service. The link between the members of the group can be established by an organizing legal entity (tourism professional organizing trips or stays, association, educational establishments, works councils or similar, public authority, company, etc.) or by individuals physical group member.
A group can also be formed, a set of pre-constituted customers wishing to reserve an entire service for their exclusive account.
These general conditions of sale apply automatically to all services sold or offered for sale by Hautes Terres Tourisme.
They apply to sales made through all distribution and marketing channels.
Any order or purchase implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, with the exception of those which have been expressly accepted by Hautes Terres Tourisme and appear on the reservation contract.
The Customer declares to have read these general and special conditions of sale and to have accepted them before booking and concluding the contract.
The Customer acknowledges having been informed, prior to placing his order and/or concluding the contract, in a readable and understandable manner, of these general and special conditions of sale and of all the information listed in article L 221-5 of the Consumer Code as well as Article R. 211-4 of the Tourism Code.
The Customer further acknowledges having been informed of the form taken in application of the decree of March 1, 2018 “setting the model information form for the sale of trips and stays”.
The final price is announced in euros, all taxes included (TTC) per person or in the form of a package in the case of groups. It is possibly calculated according to the number of participants.
The price includes the elements indicated in the contract. It includes the visits mentioned, the accompaniment of the group by our services, the lunch mentioned in the proposal and the accommodation and dinner in a hotel, bed and breakfast, group accommodation mentioned as part of a stay.
Unless mentioned in the contract, it does not include pre- and post-delivery, single room supplement, on-site transport, optional insurance, or personal expenses.
When a Customer occupies a room designed to accommodate two people alone, they are charged a supplement called “single room supplement”, indicated in the price before validation of their order.
The Client guarantees to Hautes Terres Tourisme that he has the authorizations that may be necessary to use the payment method chosen by him, upon validation of the contract. Hautes Terres Tourisme reserves the right to suspend any reservation management and any execution of services in the event of refusal of authorization for payment by credit card from officially accredited organizations or in the event of non-payment of any sum due under the title. of the contract.
Payments made by the Client will only be considered final after actual collection of the sums due by Hautes Terres Tourisme.
The Customer has several means of payment offering optimal security among the following, depending on the type of service reserved, as indicated in the special conditions of sale :
Hautes Terres Tourisme undertakes to apply the rates in force indicated at the time of booking but reserves the right to unilaterally modify its prices under the conditions set out in this article.
In accordance with article L. 211-12 of the tourism code, the price may thus be modified upwards or downwards after validation of the reservation to take into account the evolution:
The possible application of a price increase in application of the previous paragraph will be notified in a clear and understandable manner to the Customer and accompanied by a justification and a calculation, on a durable medium, at the latest twenty days before the start benefits.
Conversely, the Customer has the right to a price reduction corresponding to any reduction in the costs mentioned in 1°, 2° and 3°, which occurs after the conclusion of the contract and before the start of the trip or stay.
In the event of a reduction in the price, Hautes Terres Tourisme has the right to deduct its actual administrative expenses from the reimbursement due to the Client. At the Client's request, Hautes Terres Tourisme provides proof of these administrative expenses.
If the increase exceeds 8% of the total price of the package or travel service, the Customer may accept the proposed modification, or request termination of the contract without paying a termination fee and obtain reimbursement of all payments already made.
Hautes Terres Tourisme offers an online reservation system and a counter reservation system. The information appearing on its website is not contractual but only informative.
Online reservation is made according to the following steps :
Reservation at the counter is made according to the following steps :
The reservation is considered firm and final after receipt of payment by Hautes Terres Tourisme.
Payment terms differ depending on the services booked as follows:
Upon return of the rented property(s), the deposit is returned to the Customer after deduction of any damage. To this end, the Client authorizes Hautes Terres Tourisme to deduct the sums due from the deposit:
Before making any reservation, the Customer is asked to check that he meets the specific conditions and undertakes to respect the rules specific to certain services he wishes to reserve (see article 7).
In the event of non-compliance with these specific rules applicable to the reservation of certain activities and excursions or negligence on the part of the Client, Hautes Terres Tourisme disclaims all liability.
Services that take place in the great outdoors require good physical condition.
For these outdoor services, participants must be equipped with good shoes as well as clothing adapted to the weather conditions of the day.
In sensitive natural areas, participants must stay on the trails and must respect sites that are private.
Each participant must comply with the rules of caution and traffic and follow the advice of the guide.
When lunch is a picnic, please provide something to collect waste (garbage bags).
Hautes Terres Tourisme and the guide reserve the right to cancel a visit in the event of exceptional and unavoidable circumstances (prefectural decree in particular).
Wearing a helmet is compulsory for the entire duration of the rental when the Customer uses the VTTAE.
The tenant must be a natural person over the age of 18, declare themselves capable of cycling and have no medical contraindication to this practice. The tenant must have a minimum height of 1.50m. Children under 18 must be accompanied by a responsible adult who acts as tenant. When signing the contract, the tenant will be asked for a valid ID.
The territory expert will inform the Client in advance of the rental of the specificities and framework of local regulations (provision of a leaflet on the applicable regulations).
The Client undertakes to respect the regulations regarding fishing and the protection of natural environments. He is fully responsible for his actions during the rental period and in particular for the specimens he catches.
Fishing cards are on sale in the Hautes Terres Tourisme information office.
Article L. 221-28 of the Consumer Code provides that the right of withdrawal cannot be exercised for contracts for the provision of accommodation services, other than residential accommodation, transport services of goods, rentals car, catering or leisure activities which must be provided on a specific date or period. Article L. 221-2 of the Consumer Code also excludes this option for passenger transport and tourist packages.
Hautes Terres Tourisme takes advantage of this absence of right of withdrawal and indicates that for all services falling within the scope of article L. 221-28 or L. 221-2 of the Consumer Code, the Customer does not will have no right of withdrawal.
Hautes Terres Tourisme has the possibility of unilaterally modifying the clauses of the Contract after its conclusion and before the start of the tourist service, and this means that the Client cannot oppose it, provided that the modification is minor and that the Client in be informed as quickly as possible in a clear, understandable and visible manner on a durable medium.
If Hautes Terres Tourisme is forced to unilaterally modify one of the main characteristics of the contract within the meaning of article R. 211-4 of the tourism code, if it cannot meet the specific requirements agreed with the Client, or in the event of an increase of the price greater than 8%, it informs the Customer as soon as possible, in a clear, understandable and visible manner, on a durable medium: of the proposed changes and, if applicable, the repercussions on the price of the trip or stay; the reasonable period within which the Client must communicate to Hautes Terres Tourisme the decision he takes; the consequences of the traveler's failure to respond within the set deadline; if applicable, of the other service offered, as well as its price.
When modifications to the Contract or the replacement service result in a reduction in the quality of the trip or stay or its cost, the traveler is entitled to an appropriate price reduction.
If the contract is terminated and the Client does not accept any other service, Hautes Terres Tourisme will reimburse all payments made by it or on its behalf as soon as possible, and no later than fourteen days after termination of the contract. .
Any stay shortened or not consumed by the Client, or started late by the Client, will not give rise to any refund.
Hautes Terres Tourisme commits to the Client only for the services sold.
Hautes Terres Tourisme cannot be held responsible for:
The Client has the option of terminating the contract at any time, before the start of the service. For this termination to be valid, he must inform Hautes Terres Tourisme by registered letter with acknowledgment of receipt.
Hautes Terres Tourisme will in this case ask the Client to pay termination fees and may retain all or part of the deposits or balance already paid, according to the schedule corresponding to the service:
Dry individual service (excursion, activity, visit only):
Stays for individual clients (package trips):
Group: see Refer to the Special Conditions of Sale – Group.
These cancellation fees will not be due if the contract is terminated following exceptional and unavoidable circumstances, occurring at the place of destination or in the immediate vicinity thereof and having significant consequences on the execution of the contract. In this case, Hautes Terres Tourisme will provide a full refund of payments made, without however resulting in additional compensation.
The cancellation date is the date of receipt by Hautes Terres Tourisme of the Client's request, which does not have to be justified.
Hautes Terres Tourisme has the possibility of terminating the contract at any time, before the start of the service.
The Customer will be entitled to additional compensation, which corresponds to that which he would have had to bear if the termination of the contract had occurred at his own discretion. However, Hautes Terres Tourisme will not be liable for any additional compensation if the contract is terminated in the following two cases:
The Customer has the possibility of assigning his contract to an assignee who meets the same conditions as him to benefit from the services, as long as this contract has not produced any effect.
The Client may only transfer his contract on the condition of informing Hautes Terres Tourisme of his decision by any means enabling him to obtain acknowledgment of receipt no later than seven days before the start of the trip. This transfer is not subject, under any circumstances, to prior authorization from Hautes Terres Tourisme.
The assigning Customer and the assignee are jointly and severally responsible for payment of the balance of the price and any additional costs that the assignment could generate.
The consumer or non-professional Customer must communicate to Hautes Terres Tourisme the defects and/or lack of conformity as soon as possible from the provision of the services, in accordance with article L. 211-16 II of the tourism code. This communication must be made, with supporting documents, preferably within 7 days following the end of the services, so that Hautes Terres Tourisme can investigate the problem and assess the reality of the alleged defects effectively and in a timely manner. interest of both parties.
Defects and/or defects noted will give rise to rectification, substitution, price reduction or reimbursement as soon as possible, taking into account the importance of the non-compliance and the value of the travel services concerned.
In the event of a proposal from Hautes Terres Tourisme for a replacement service or a price reduction, the traveler may only refuse the other services offered if they are not comparable to what was provided for in the contract or if the price reduction granted is not appropriate.
Hautes Terres Tourisme's guarantee is limited to the reimbursement of services actually paid for by the consumer or non-professional Customer and Hautes Terres Tourisme cannot be considered responsible or in default for any delay or non-performance resulting from the occurrence of a case of force majeure or exceptional or unavoidable circumstances.
In accordance with article R 211-6, 4° of the tourism code, the Client can quickly contact Hautes Terres Tourisme using the contact details given in article 1.1. “Designation of the seller” of these general conditions of sale, in order to communicate with him effectively, request assistance if the Customer is in difficulty or complain about any non-compliance observed during the execution of the trip or stay.
As part of its activity of selling Stays and Tourist Services, Hautes Terres Tourisme implements and operates the processing of personal data relating to Customers and Beneficiaries.
As such, Hautes Terres Tourisme collects the following personal data: name, first name, telephone number (landline, mobile), email, number of people in the household, number or age of the child(ren), profession, field of activity. activity, socio-professional category, payment terms.
The collection of this personal data is essential for the contractual execution and in the event of refusal to communicate them, the Client is exposed to difficulties in carrying out the service which cannot give rise to the liability of Hautes Lands Tourism.
These personal data are collected for the exclusive purpose of ensuring the management of Hautes Terres Tourisme's Customers within the framework of the conclusion of the contract and its execution, on the basis of the Customer's consent. They are only used for the purposes to which the Customer has consented.
More precisely, the purposes are as follows:
The people authorized to access the data collected within Hautes Terres Tourisme are as follows: employees of Hautes Terres Tourisme and its partners involved in the services requested by the Client, and where applicable, subcontractors of Hautes Terres Tourisme participating in the provision and/or administration of services and being required to intervene in this capacity on the processing, it being then specified that in such a case, whether partners or subcontractors, this is carried out in compliance with current regulations.
These collected personal data are kept for the legal retention period relating to the purpose of the processing and for a maximum of 5 years.
Personal data relating to the Customer's bank card is kept exclusively for the time necessary to complete the transaction.
Personal data relating to a prospect who does not conclude a reservation contract with Hautes Terres Tourisme are kept for a period of 3 years from their collection.
The personal data necessary for sending the newsletter is kept for as long as the Customer does not unsubscribe.
Hautes Terres Tourisme implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and Hautes Terres Tourisme cannot guarantee the security of the transmission or storage of information on the Internet.
In accordance with the regulations applicable to personal data, each user has the right to question, access, modify, oppose and rectify, for legitimate reasons, collection and processing. of his personal data. It is possible to request that this data be rectified, supplemented, clarified, updated or deleted.
These rights can be exercised by writing a signed letter to the data controller, in the name and email of the data controller, attaching a copy of your identity document to your request.
Hautes Terres Tourisme has appointed a Data Protection Officer (DPO): Anne-Julie LOUBRADOU.
At any time, the Customer may submit a complaint to the CNIL according to the terms indicated on its website (https://www.cnil/fr).
Hautes Terres Tourisme reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, Hautes Terres Tourisme undertakes to publish the new version on its site, and will also inform users of the modification by electronic mail, within a minimum period of 15 days before the effective date.
You have the option of registering on the list opposing telephone canvassing on the following website : http://www.bloctel.gouv.fr/
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will be authentic in the event of a dispute.
Our professional civil guarantee insurer guarantees us against the financial consequences of professional civil liability as set out in articles L. 211-16 and L. 211-17 of the tourism code.
The guarantee also covers damage caused to travelers, service providers or third parties as a result of faults, errors of fact or law, omissions or negligence committed during the offer, organization and sale of our services both by us and by our employees, employees and non-employees.
The Customer undertakes to hold and be up to date with his civil liability insurance to cover any damage he may cause.
When minors, unaccompanied by a parent or other authorized person, travel on the basis of a contract for tourist services including accommodation, the Client must communicate information allowing direct contact to be established with the minor or the person responsible of the minor at the minor's place of stay.
Excluding the sale of its boutique products and services provided by Hautes Terres Tourisme (guided tours of the Deported Memorial in Murat, and the Espace Cézallier in Allanche), Hautes Terres Tourisme is automatically responsible for the tourist services contracted within the framework of these agreements. Terms of Sales.
Hautes Terres Tourisme may, however, exempt itself from all or part of its liability by providing proof that the damage is attributable either to the Client, or to a third party unrelated to the provision of the travel services included in the contract, or to exceptional circumstances. and inevitable.
Hautes Terres Tourisme as well as the retailer are responsible for the proper execution of all travel services included in the contract in accordance with article L. 211-16.
In accordance with article L 211-17, IV of the tourism code, the amount of possible damages that Hautes Terres Tourisme would be ordered to pay to the Client for whatever reason, will be limited to three times the total price excluding taxes. benefits, with the exception of bodily injury and damage caused intentionally or through negligence.
Any event which creates a situation beyond the control of Hautes Terres Tourisme and the Client and whose consequences could not have been avoided even if all measures had been taken, thus preventing the execution under normal conditions of their obligations, are considered as causes for exemption from the obligations of the parties and lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence, as well as of their disappearance.
The parties will come together to examine the impact of the event and agree on the conditions under which the execution of the contract will be continued. If the exceptional and unavoidable circumstances last for more than three months, these general conditions may be terminated by the injured party.
Hautes Terres Tourisme is responsible for the proper execution of the services provided for in the contract. In this context, if the Client is faced with difficulties, Hautes Terres Tourisme will provide appropriate assistance as quickly as possible, taking into account the circumstances of the case.
Hautes Terres Tourisme will be entitled to charge a reasonable price for this assistance if this difficulty is caused intentionally by the traveler or by his negligence. The price charged will not exceed the actual costs incurred by the organizer or retailer.
Despite all our efforts, certain services are not accessible to people with reduced mobility, such as:
We invite you to inquire in the event of movement difficulties.
These general conditions are subject to the application of French law. This is the case for substantive rules as well as for formal rules.
The Customer may resort to conventional mediation, in particular with the Consumer Mediation Commission or with existing sectoral mediation bodies, or with any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.
The Customer can thus contact the Tourism and Travel Mediator on the following site: https://www.mtv.travel/ or at MTV Médiation tourisme voyage, BP 80 303 - 75 823 Paris Cedex 17 in the event that the response is provided by Hautes Terres Tourisme to the Customer if their complaint is deemed insufficient or remains unanswered after 60 days.
In the event that the service has been purchased online by the Customer, the latter is informed that he has the option, in accordance with article 14.1 of regulation (EU) n°524/2013 of the European Parliament and of the Council of 21 May 2013, to submit a complaint and select a dispute resolution body on the following website : https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.
It is expressly agreed that the data contained in the information systems of Hautes Terres Tourisme have probative force regarding orders, requests, and any other element relating to the use of the Site. They may be validly produced, particularly in court, as means of proof in the same way as any written document.
If, after choosing a travel service and paying for it, you book additional travel services for your trip or holiday stay through Hautes Terres Tourisme, you WILL NOT benefit from the rights applicable to packages under Directive (EU) 2015/2302 and Article L.211-2 of the Tourism Code.
However, if you book additional travel services during the same visit or contact with Hautes Terres Tourisme, the travel services will form part of a linked travel arrangement.
In this case Hautes Terres Tourisme has, as required by European Union law, protection to reimburse the sums you have paid to it for services which were not performed due to its insolvency.
Hautes Terres Tourisme has taken out insolvency protection with the APST. Travelers can contact this entity if travel services are refused to them due to the insolvency of Hautes Terres Tourisme.
Note: This insolvency protection does not apply to contracts entered into with parties other than Hautes Terres Tourisme which may be performed despite the insolvency of Hautes Terres Tourisme.
Website on which you can consult Directive (EU) 2015/2302 transposed into national law https://www.legifrance.gouv.fr/affichCodeArticle.do;jsessionid=B6B56671A51841699A8FB7B4B5EB08A2.tplgfr21s_1?idArticle=LEGIARTI000036242695&cidTexte=LEGITEXT000006074073&categorieLien=id&dateTexte=20180701
These special conditions apply to contracts concluded by groups, as defined in the general conditions of sale.
These conditions of sale apply priority over the general conditions of sale for the subjects covered.
The published prices are given all taxes included, in euros and per person (unless otherwise stated, such as flat rate prices for guided tours).
Prices are increased on Sundays and public holidays. A supplement is often requested on Sundays. This information is always included in the description of the excursion.
Guided tours and excursions can be adapted to the day or half day or over several days depending on the Customer's wishes.
In the event that Hautes Terres Tourisme guide-lecturers are unavailable for city visits, the service may take place with the participation of external professional speakers. If applicable, the sales contract will indicate this.
For excursions and city visits:
For stays (tourist package):
Cancellation of excursions or city visits:
In the event of a customer's no-show, no refund will be made.
Cancellation of stays (package trips):
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