This English text is a faithful translation of the French version. In the event of any discrepancy or ambiguity between the language versions, the interpretation most favourable to the consumer applies.
ARTICLE 1 — IDENTITY OF THE SELLER / ORGANIZER
These General Terms and Conditions of Sale (hereinafter the “Terms of Sale”) govern sales made by:
UPARIS (SAS) – Share capital: €100,000
Address: 102 avenue des Champs-Élysées, 75008 Paris, France
Tel.: +33 1 79 61 76 96
Email: contact@uparis.org
WeChat: uparis_outdoor
SIRET: 829 456 136 00029
Intra-community VAT: FR66829456136
Atout France registration: IM075170050
Financial guarantee: APST
Professional Liability Insurance: HISCOX SA (policy taken out through the APST)
(hereinafter referred to as “we”, “us”, or “our”)
Website covered by these Terms of Sale: www.uparisclub.com (hereinafter the “Website”). We act as organizer and/or retailer, within the meaning of the French Tourism Code, depending on the nature of the services sold.
ARTICLE 2 — PURPOSE, SCOPE OF APPLICATION, HIERARCHY OF DOCUMENTS
2.1. These Terms of Sale apply to any order for tourist services made on the Website www.uparisclub.com and/or through any sales channel linked to said Website (hereinafter the “Contract”).
2.2. Information specific to each trip (program, dates, level, included/excluded services, special conditions, minimum number of participants where applicable, practical information) is presented on the Trip page of the Website and/or, where applicable, in a quote, offer, booking confirmation, or any sales document sent to the Client.
2.3. In case of conflict between:
- these Terms of Sale,
- the special conditions displayed on the Trip page (or communicated via quote/offer),
- the booking confirmation and/or invoice,
the special conditions of the Trip page and the booking confirmation shall prevail over these Terms of Sale.
ARTICLE 3 — DEFINITIONS
- Client / Traveler: any natural person purchasing and/or benefiting from the services.
- Trip: tourist service sold by us, as described on the Trip page (program, dates, level, included/excluded services, special conditions).
- Nominative services: services issued in the name of the Traveler (tickets, nominative reservations, permits, registrations, etc.) that may be non-modifiable and/or non-refundable.
- D: departure day of the Trip, i.e. the day the Trip starts (e.g., D-31 = 31 days before the start of the Trip).
Unless otherwise specified, D-… deadlines are expressed in calendar days, counted on the calendar of the Trip’s time zone (Europe/Paris, Paris time, for all trips currently offered). A deadline set at D-N expires at midnight (24:00), local time in that zone, at the end of day D-N.
ARTICLE 4 — PRE-CONTRACTUAL INFORMATION
4.1. Before booking, we provide the Client, particularly on the Trip page (and/or via quote/offer): the program, dates, required level, prices, included/excluded services, cancellation conditions, formalities, any insurance options, as well as, where applicable, the minimum number of participants.
The Client acknowledges having read this information before entering into the Contract.
4.2. PHOTOS, MAPS, ILLUSTRATIONS — INDICATIVE VALUE
Photos, maps, diagrams, videos, illustrations, and all visual elements on the Website are provided for indicative purposes only and do not, on their own, have contractual value.
Itineraries, walking times, elevation gains, and daily programs are provided for indicative purposes and may be adapted, particularly for organizational, safety, weather, terrain conditions, or group level reasons.
The contractual elements are those appearing on the Trip page, in the special conditions, and in the booking confirmation.
ARTICLE 5 — BOOKING, CONTRACT FORMATION
5.1. The booking becomes binding after:
- express acceptance of the Terms of Sale and special conditions (particularly those displayed on the Trip page),
- payment of the full price (Article 7).
When the Trip falls under the package travel regime, the Client also acknowledges (where applicable via a dedicated checkbox) having read, before payment, the corresponding standard information form.
5.2. A booking confirmation and/or invoice is sent by email after payment is received.
5.3. Multi-Traveler booking: when the Client registers other Travelers, they declare being authorized to communicate their data to us and undertake to have informed them, particularly of the Terms of Sale, special conditions, and Privacy Policy. The data provided must be accurate and up to date.
5.4. No right of withdrawal: The Client does not benefit from a right of withdrawal for leisure/tourist services provided on a specific date or period, in accordance with Article L. 221-28, 12° of the French Consumer Code.
ARTICLE 6 — PRICES
6.1. Prices are indicated in euros, all taxes included, unless otherwise stated.
6.2. The price includes only the services explicitly indicated as included on the Trip page and/or in the special conditions.
6.3. Local taxes and/or on-site fees (tourist tax, entrance fees, etc.) may apply: they remain the responsibility of the Traveler if not included.
6.4. Reduced prices: where a reduced price is offered (for example an “early bird” price or a group price), its conditions are stated on the Trip page: deadline (the “early bird” price remains applicable throughout the whole day of its deadline, according to the calendar of the Trip’s time zone, Article 3), number of places concerned, minimum number of Travelers. These prices cannot be combined: the lowest price applicable to the booking is applied. If a reduced price ceases to be available before payment (places sold out, deadline passed), the new price is presented to the Client before any payment.
ARTICLE 7 — PAYMENT TERMS
7.1. Full Payment at Booking
The total price of the Trip is payable in a single payment at the time of booking (in the case of payment by bank transfer: no later than the due date provided for in Article 7.2), whatever the departure date. No deposit or instalment payment is offered.
7.2. Payment Methods
Payment is made, according to the options offered at the time of booking, by bank card (CB, Visa, Mastercard) or by bank transfer. No other payment method is accepted.
- Bank card: the total amount is charged immediately at the time of booking.
- Bank transfer: the Client selects this payment method at the time of booking; the total amount must then be received in our account no later than the due date stated in the transfer instructions (5 calendar days after booking, moved to the next business day where applicable), and in any event no later than the day before departure. From the day of departure, payment by bank transfer is no longer offered and only payment by card is possible. The transfer details are provided to the Client at the time of booking.
Bank transfer payment — bank fees and amount received: For a SEPA transfer in euros, each party bears the fees charged by its own bank; we charge no fee for this payment method. For any other transfer (particularly outside the SEPA zone, via the SWIFT network, with currency conversion and/or involving intermediary banks), issuance, exchange or intermediation fees, which may be high and/or variable depending on the institutions, may be deducted: these fees are borne by the Client, who chooses the options of their transfer accordingly.
In all cases, the amount received in our account must be equal to the total amount due under the Contract. If the amount received is less than the amount due (particularly due to fees charged by a sending or intermediary bank), the Client must promptly pay the difference so that payment is fully completed.
We are only required to consider the booking as paid upon actual receipt by us of all amounts due.
7.3. Default of Payment
If the full price is not received by the due date, we shall not be required to maintain the availability of the Trip. After a formal notice that remains unanswered, we may terminate the booking; this termination is treated as a cancellation by the Client on the date of our notice of termination (Article 10.1). The amounts already received are then refunded, less the fees provided for in Articles 10.2 and 10.3, calculated on those amounts.
7.4. Discount Vouchers and Loyalty Points
Discount vouchers: a discount voucher entitles the holder to a fixed-amount discount per place booked, under the conditions specified when it is issued (validity period, eligible trips, number of uses, minimum order amount and, where applicable, the beneficiary customer account). It is checked when it is applied and again at payment; an expired or used-up voucher can no longer be applied. It can be neither exchanged nor refunded in cash.
Loyalty points: holders of a customer account may use the loyalty points available in their account as a deduction from the price, at the rate of 1 point for €0.01. Loyalty points can be neither exchanged for cash nor transferred. When a booking paid partly with loyalty points is cancelled and gives rise to a refund, the points used are credited back to the Client’s account once the refund has been made; when the Trip is cancelled by us, they are credited back in all cases (Article 11.4).
ARTICLE 8 — CONTRACT TRANSFER
The Traveler may transfer their contract to a transferee who meets all the conditions applicable to the Trip, provided they inform us in writing on a durable medium (for example by email) within a reasonable time and no later than D-7, i.e. until 11:59 p.m. (23:59), local time in the Trip’s time zone (place of departure, Article 3), on the seventh day before departure.
The transferee must meet the requirements of the Trip, in particular as to age, health and level, as stated on the Trip page.
The transfer incurs an administration fee of €50 per transferred Traveler, which corresponds to the actual administrative cost to us of processing the transfer and does not exceed it (updating the name lists and the bookings with the service providers, issuing the new travel documents); the breakdown of this cost is kept on file and justified to the Client on request. In addition, the actual non-refundable costs already incurred because of the transfer (for example a non-changeable ticket or nominative reservation in the transferor’s name), which we name and justify to the Client before the transfer, are payable. The transferor and the transferee are jointly and severally liable for payment of any balance of the price and of these fees and costs.
From D-6 (fewer than 7 days before departure), the booking can no longer be transferred; only the cancellation conditions of Article 10 apply.
ARTICLE 9 — MODIFICATIONS REQUESTED BY THE CLIENT
9.1. Any modification (names, options, etc.) requested after booking is subject to our agreement and may incur fees charged by the service providers, which we communicate and justify to the Client before accepting the modification.
9.2. Nominative services may be non-modifiable and/or non-refundable.
9.3. From departure onwards, any service not used due to the Traveler shall not be refunded, except where required by mandatory legal provisions.
9.4. Change of date (rescheduling): the Client may ask to move their booking to another departure up to and including D-76 (76 days or more before the start of the Trip), subject to availability on the requested departure. No rescheduling fee is charged: only the price difference between the two departures, calculated on the price actually paid, is paid by the Client or, where applicable, refunded to them. From D-75, no rescheduling request is accepted and the booking can no longer be changed; only the transfer (Article 8) and cancellation (Article 10) conditions apply.
ARTICLE 10 — CLIENT CANCELLATION CONDITIONS
10.1. Cancellation Notification
Any cancellation request must be made in writing (email), by any means allowing confirmation of proper receipt by us. The date of cancellation is the date on which we receive the written request (unless proven otherwise), determined on the calendar of the Trip’s time zone (Article 3), or, in case of termination for non-payment, the date of our termination notice.
10.2. Invitation Letter Fees
Where we have issued an invitation letter for a Traveler’s Schengen visa application, a fee of €30 per invitation letter issued is retained by us on any cancellation by the Client, whatever its date, and is deducted from any refundable amount. This fee is never refunded, except when the Trip is cancelled by us (Article 11.4) or in case of termination due to exceptional and unavoidable circumstances (Article 10.7).
10.3. Cancellation Fee Schedule (Excluding Invitation Letter Fees)
Unless otherwise specified on the Trip page, in case of cancellation by the Client, the following amounts, expressed as a percentage of the price actually paid, are due and retained by us, in addition to the invitation letter fees (Article 10.2):
- 76 days or more before departure (up to and including D-76): 0% (full refund)
- 41 to 75 days before departure (from D-75 to D-41 inclusive): 70%; this rate is reduced to 50% where the visa application, submitted to the consulate of the Client’s country or place of residence with the documents we provided, was refused, at the Client’s request accompanied by the official refusal letter issued by that consulate and any relevant supporting documents
- 40 days or less before departure (from D-40 to the departure day inclusive) / no-show: 100% (no refund)
The number of days before departure is assessed on the date of cancellation (Article 10.1), according to the counting rules of Article 3.
Important: cancellation fees are calculated on the total price actually paid for the booking (after deduction, where applicable, of the discount vouchers and loyalty points used).
These fees are standardised termination fees, set according to the date of termination and the expected cost savings and income from the alternative deployment of the services; we justify their amount at the Client’s request (Article L. 211-14 of the French Tourism Code).
10.4. Costs Incurred with Third Parties
Costs that the Traveler has incurred directly with third parties and that are not included in the price of the Trip (visa fees, transport to the place of departure, etc.) are not refundable by us.
10.5. Special Conditions
Special cancellation conditions may apply to certain trips (specific services, partners, local constraints, custom-made groups). In this case, they are specified on the Trip page (or in the quote accepted by both parties) and prevail over the schedule above.
10.6. Voluntary Trip Interruption
In case of voluntary Trip interruption at the Client’s initiative, the Client shall not receive any refund or compensation.
10.7. Exceptional and Unavoidable Circumstances
By way of derogation from Articles 10.2 to 10.5, the Client may terminate the contract before the start of the Trip without paying any termination fee if exceptional and unavoidable circumstances, occurring at the place of destination or its immediate vicinity, significantly affect the performance of the Trip or the carriage of Travelers to the destination. The Client is then entitled to a full refund of the payments made, including invitation letter fees, but not to additional compensation (Article L. 211-14 of the French Tourism Code).
10.8. Refund Period
Amounts refundable to the Client following a cancellation are refunded without undue delay and at the latest within 14 days of the termination of the contract (Article L. 211-14 of the French Tourism Code).
ARTICLE 11 — CANCELLATION / MODIFICATION BY US
11.1. Cancellation Due to Insufficient Number of Participants (Minimum Number)
If a Trip is subject to a minimum number of participants (indicated on the Trip page), we may cancel the Trip due to insufficient number of participants.
In this case, we will refund all amounts paid by the Client (including invitation letter fees), without further compensation.
We undertake to give notice of such cancellation no later than 30 days before the start of the Trip.
11.2. Total or Partial Cancellation Due to Exceptional and Unavoidable Circumstances
In case of total or partial cancellation due to exceptional and unavoidable circumstances (particularly related to safety, weather conditions, mountain conditions, or administrative decisions), we will refund the Client all amounts paid if the Trip is cancelled before departure (Article 11.4), or the price of the services not provided in case of partial cancellation, without further compensation, except where required by mandatory legal provisions.
11.3. Program Modification
Before departure, we may unilaterally change the terms of the Contract only if the change is minor (for example an adjustment of schedule or itinerary for reasons of safety, administrative constraints or conditions on the ground), and after informing the Traveler in a clear, comprehensible and prominent manner on a durable medium. If we are constrained to significantly alter any of the main characteristics of the Trip, the Traveler may, within the reasonable period we specify, accept the change or terminate the contract without paying any fee; in case of termination, they are refunded all payments made within 14 days (Articles L. 211-13 and L. 211-14 of the French Tourism Code).
During the Trip, where services cannot be provided as planned, particularly for safety reasons, we offer, at no extra cost, suitable alternative services or refund the services not provided, without prejudice to the Traveler’s rights in case of lack of conformity (Article L. 211-16 of the French Tourism Code).
11.4. Refund When the Trip Is Cancelled by Us
When the Trip is cancelled by us before departure, for whatever reason, we refund all amounts paid for the booking, including invitation letter fees, without undue delay and at the latest within 14 days of the cancellation (Article L. 211-14 of the French Tourism Code), and the loyalty points used are credited back to the Client’s account.
ARTICLE 12 — FIXED PRICE (NO REVISION)
The price of the Trip confirmed at the time of booking is fixed: it is not subject to any revision, upward or downward, after the conclusion of the Contract (Article L. 211-12 of the French Tourism Code).
ARTICLE 13 — ADMINISTRATIVE FORMALITIES, HEALTH, LEVEL
13.1. The Client must verify that each Traveler has valid documents (passport/ID/visa/exit authorization for minors) and complies with the requirements of the countries visited. A Traveler who cannot depart for lack of valid documents is deemed to have cancelled: the conditions of Article 10 apply.
13.2. The Client is advised to consult official information (security/health) before departure.
13.3. Certain trips require good physical condition; the Client acknowledges having read the required level indicated on the Trip page and remains responsible for their fitness.
ARTICLE 14 — MINORS
Minors travel under the responsibility of an adult. For minors traveling without a parent, authorization and required documents may be required.
ARTICLE 15 — TRAVELER’S TRAVEL INSURANCE
We do not sell any insurance and have no insurance partner. No insurance is included in the price of the Trip.
Each Traveler must personally take out travel insurance covering the entire duration of the Trip and meeting at least the minimum legal or regulatory requirements applicable in the region where the Trip takes place. For example, for a Traveler subject to the Schengen visa requirement, the travel medical insurance required for the visa: coverage of at least €30,000, valid throughout the Schengen area, covering repatriation for medical reasons, urgent medical attention, emergency hospital treatment and death.
We also recommend coverage suited to mountain activities (search and rescue, including by helicopter), as well as cancellation, assistance and civil liability insurance, according to each Traveler’s situation. The Client checks the conditions of the chosen insurance (exclusions, deductibles, procedures, deadlines) with their insurer; costs that are not covered remain payable by the Traveler.
ARTICLE 16 — LIABILITY, SAFETY, AND RISKS
16.1. Liability Under the French Tourism Code (Where Applicable)
When the service sold constitutes a package tour or falls under applicable provisions of the French Tourism Code, we are fully responsible for the performance of the travel services provided for in the contract, whether those services are performed by us or by other service providers, under the conditions and within the limits provided by law (Articles L. 211-16 and L. 211-17 of the French Tourism Code).
16.2. Mountain Activities: Inherent Risks and Absence of Absolute Safety
Our trips may include itinerant activities in mountain terrain (hiking, trail progression, crossings, exposed passages, etc.). The Client acknowledges that the mountain is a specific environment: changing weather, unstable terrain, falls, slips, rockfall, isolation, fatigue, etc. Despite supervision and prevention measures implemented, absolute safety cannot be guaranteed and a residual risk remains inherent to these activities.
16.3. Qualified Supervision
When the activity requires it, we undertake to use supervisors duly qualified and authorized in accordance with French regulations applicable to paid supervision of physical or sports activities.
16.4. Client / Traveler Obligations (Safety)
The Client undertakes to:
- register for a trip suited to their technical abilities and physical condition;
- inform us, before departure, of any information useful for safety (particularly level, physical condition, relevant medical history, ongoing treatments, allergies, etc.);
- have the required equipment as indicated on the Trip page;
- during the activity, strictly follow safety instructions and decisions of the supervisor (guide/instructor), particularly regarding progression, equipment, itinerary, and abandonment.
16.5. Safety Priority: Adaptations, Abandonment of an Objective, Financial Consequences
For safety reasons (weather, terrain conditions, group level, fatigue, participant illness, authority decisions, etc.), we and/or the supervisor may decide to adapt the itinerary, modify schedules, replace a stage, reduce an objective, or interrupt an activity.
Failure to achieve an announced objective does not, in itself, constitute a breach, provided that the planned services (particularly supervision and organization) have been performed and that these decisions are made in the interest of safety.
Consequently, no refund is due solely for failure to achieve an objective, when the trip/activity was carried out (in whole or in part) in accordance with rules of prudence and an adapted program. When services are canceled or not provided, the refund and/or cancellation conditions provided for in Articles 10 and 11 apply.
16.6. Respect for Consumer Legal Rights
No provision of these Terms of Sale is intended or has the effect of eliminating or limiting the rights that the Client enjoys under mandatory legal provisions.
16.7. Assistance (When Package Travel Regime Applies)
When package travel regulations apply, we provide appropriate assistance to the Traveler in difficulty, particularly by providing useful information on health services, local authorities, and consular assistance, as well as help in finding alternative solutions, without prejudice to applicable legal provisions.
ARTICLE 17 — IMAGE RIGHTS (PHOTOS & VIDEOS)
17.1. Possible Presence of a Photographer / Filming
During certain Trips, we (or our service providers) may arrange for the presence of a photographer and may take photos and/or videos during the trip.
17.2. Free Distribution to Participants (If Photographer Present)
When the presence of a photographer is planned, we will make available to participants, free of charge, a selection of photos and/or videos taken during the trip, within an indicative period after the end of the trip, via a download link or private gallery.
To facilitate sending the link, the Client may (at the time of booking) check a box to receive access to the gallery by email. Otherwise, the Client may request access by contacting contact@uparis.org.
This distribution is intended for personal use by participants (private sharing), subject to respect for third-party rights and applicable rules.
17.3. Optional Authorization for Communication/Marketing
When the Client (or Traveler) is identifiable, the use and distribution of their image for communication/marketing purposes (website, social networks, brochures, newsletters, commercial materials, distribution platforms) are made only on the basis of prior consent, evidenced by a checkbox at the time of booking (or by equivalent written authorization).
Refusal to consent has no consequence on the performance of the trip.
17.4. Scope of Authorization
In case of agreement, authorization is granted free of charge, for a period of 5 years from the end of the trip, for worldwide distribution, on the following media: website, social networks, newsletters, commercial materials, and distribution platforms.
17.5. Withdrawal of Consent / Right to Erasure
The Client may withdraw their consent at any time and request removal of content concerning them by contacting contact@uparis.org. We will proceed with removal within a reasonable time, subject to technical constraints (e.g., content already shared by third parties).
17.6. Minors
For identifiable minors, authorization must be given by the legal representative.
ARTICLE 18 — PERSONAL DATA PROTECTION
Data is processed for booking management, Contract performance, customer relations, and, where applicable, commercial prospecting (subject to consent). The Client has GDPR rights (access, rectification, objection, deletion, portability, restriction). See: Privacy Policy.
ARTICLE 19 — OPPOSITION TO TELEPHONE CANVASSING (BLOCTEL)
The Client may register free of charge on the Bloctel list opposing telephone canvassing (www.bloctel.gouv.fr), in accordance with Article L. 223-2 of the French Consumer Code.
ARTICLE 20 — FINANCIAL GUARANTEE & PROFESSIONAL LIABILITY INSURANCE
We benefit from a financial guarantee (protection against insolvency) with the APST (Association Professionnelle de Solidarité du Tourisme, 87-89 rue La Boétie, 75008 Paris, France) and from Professional Liability Insurance taken out through the APST with HISCOX SA, in accordance with obligations applicable to travel and stay operators (Article L. 211-18 of the French Tourism Code).
ARTICLE 21 — COMPLAINTS
21.1. During the trip: any non-conformity must be reported without delay, to the on-site supervisor or to us (+33 1 79 61 76 96, contact@uparis.org, WeChat uparis_outdoor), to allow for on-site resolution (Article L. 211-16 of the French Tourism Code).
21.2. After the trip: the Client sends their written complaint to contact@uparis.org attaching all supporting documents.
21.3. Consumer Mediation (MTV) — In accordance with French consumer law, after contacting us in writing (contact@uparis.org) and in the absence of a satisfactory response within 60 days, the consumer Client may refer the matter, free of charge, to the Tourism and Travel Mediator (MTV, BP 80 303 – 75 823 Paris Cedex 17 – France), to which we have access as a member of the APST, within one year of their written complaint, according to the referral procedures available on the MTV website (www.mtv.travel).
ARTICLE 22 — APPLICABLE LAW, DISPUTE RESOLUTION, COMPETENT JURISDICTION
These Terms of Sale are governed by French law, without prejudice to the more protective mandatory provisions of the law of the consumer Client’s country of habitual residence, where that law applies (Article 6 of Regulation (EC) No 593/2008 “Rome I”).
In case of dispute, the Client is invited to seek an amicable solution by contacting customer service (contact@uparis.org) then, where applicable, to use mediation (MTV) in accordance with Article 21.
Failing amicable resolution, for consumer Clients, the dispute shall fall under the jurisdiction of competent courts in accordance with applicable rules, and particularly Article R631-3 of the French Consumer Code, the consumer being able to bring the matter before the territorially competent court under the Code of Civil Procedure or the court of the place where they resided at the time of contract conclusion or occurrence of the harmful event; a consumer domiciled in another Member State of the European Union may also bring proceedings before the courts of their domicile (Article 18 of Regulation (EU) No 1215/2012).
For professional Clients, any dispute relating to the formation, performance, or interpretation of the contract shall fall under the exclusive jurisdiction of the courts within the Paris district, unless otherwise required by mandatory legal provisions.
These Terms of Sale are drafted in French and offered in Chinese (Simplified and Traditional) and English, as faithful translations of the French version; the Client may accept them in any of these languages. In the event of any discrepancy or ambiguity between the language versions, the interpretation most favourable to the consumer prevails (Article L. 211-1 of the French Consumer Code).
ANNEX — STANDARD INFORMATION “PACKAGE TRAVEL” (IF APPLICABLE)
When the combination of travel services offered to the Client constitutes a package travel within the meaning of applicable regulations, the Traveler benefits from the rights attached to packages (organizer liability, assistance, protection in case of insolvency, etc.).
1) Availability Before Booking (Pre-Contractual Information)
The standard information form “package travel” (legal template) is made available before booking confirmation, via dedicated access available on:
- the Trip page, and
- the booking process / checkout (before payment).
2) Acknowledgment of Receipt at Time of Booking
When the Trip falls under the package travel regime, the Client acknowledges, at the time of booking, having read the standard form before confirming their order (dedicated checkbox).
3) Sending After Payment on Durable Medium (Reminder)
As a reminder and to facilitate archiving by the Client, the standard form is also transmitted after payment on a durable medium (by email, as an attachment or via a download link), without this subsequent sending substituting for its prior availability.