Terms of Sale

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 EUR
Address: 102 avenue des Champs-Elysees, 75008 Paris, France
Tel.: +33 1 79 61 76 96
Email: support@uparis.org
SIRET: 829 456 136 00029
Intra-community VAT: FR66829456136
Atout France registration: IM075170050
Financial guarantee: APST
Professional Liability Insurance: HISCOX SA

Website covered by these Terms of Sale: www.bonjour-tmb.com (hereinafter the “Website”). UPARIS acts 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.bonjour-tmb.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 UPARIS, 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 (e.g., D-31 = 31 days before the start of the Trip).

Unless otherwise specified, D-… deadlines are expressed in calendar days, according to Paris local time (Europe/Paris).

ARTICLE 4 — PRE-CONTRACTUAL INFORMATION

4.1. Before booking, UPARIS provides 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 deposit or total price according to the departure deadline (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 UPARIS 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 applicable provisions.

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.

ARTICLE 7 — PAYMENT TERMS

7.1. Deposit / Balance

Booking made before D-61 (more than 61 days before the start of the Trip): the Client may choose to pay a deposit of 30% of the total price at booking. The balance (70%) must be paid no later than D-31, subject to the clarifications below depending on the payment method (Article 7.2).
Booking made from D-61 (from D-61 to D0 inclusive): the full price is payable at booking (no deposit payment possible).

7.2. Payment Methods and Deadlines (Clarifications)

Payment by credit card and/or bank transfer according to the options offered at the time of booking.

Balance — clarification by payment method (bank processing times): The Client is informed that, depending on banks, transfers may require interbank processing time (particularly in case of weekends, public holidays, SWIFT and/or intermediary banks). Consequently:

when the balance is paid by credit card, it must be paid no later than D-31;
when the balance is paid by bank transfer, the balance must be received in UPARIS’s account no later than D-36.

If D-36 falls on a Saturday, Sunday, or public holiday in France, the deadline is set to the last preceding business day.

Credit card payment — automatic balance deduction (if option activated): if the deposit was paid by credit card and the balance is not paid by the deadline, UPARIS may proceed to deduct the balance from the same credit card used at booking, subject to the Client’s acceptance/authorization at the time of payment.

Bank transfer payment — bank fees and amount received: The Client is informed that certain transfers, particularly outside the SEPA zone, via the SWIFT network, and/or involving intermediary banks, may incur issuance, exchange, intermediation, or reception fees, which may be high and/or variable depending on the institutions. Unless expressly indicated otherwise on the Trip page or invoice, all such bank fees and commissions are the sole responsibility of the Client.

The Client undertakes, in any case, to ensure that the amount actually received by UPARIS (net of all fees, commissions, and any deductions) is strictly 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, correspondent, or receiving bank), the Client must promptly pay the difference so that payment is fully completed.

The booking is only considered paid upon actual receipt by UPARIS of all amounts due.

7.3. Default of Payment

In case of non-payment by the deadline, UPARIS shall not be required to maintain the availability of the Trip. UPARIS may consider the booking as canceled by the Client and apply cancellation fees (Article 10), without prejudice to any recourse to obtain payment of amounts due.

In case of non-payment of the balance by the applicable deadline (particularly D-31 for credit card or D-36 for bank transfer), UPARIS may issue a formal notice to the Client. Failing regularization, the booking may be terminated at the Client’s fault; the applicable fees shall be those in effect at the date of termination, and any amount remaining due shall become immediately payable.

ARTICLE 8 — CONTRACT TRANSFER

The Traveler may transfer their contract to a transferee meeting the same conditions, provided they inform UPARIS in writing within a reasonable time and no later than 21 days before departure (unless otherwise indicated in special conditions on the Trip page).

Actual transfer fees (particularly those imposed by service providers, especially for nominative services) may be recharged.

ARTICLE 9 — MODIFICATIONS REQUESTED BY THE CLIENT

9.1. Any modification (names, options, dates, etc.) after booking may incur fees imposed by service providers and/or processing fees.

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.

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 UPARIS. The date of cancellation is the date and time of receipt of the written request by UPARIS (email), unless proven otherwise. The date of cancellation is the date and time of receipt of the written request by UPARIS, or, in case of termination for non-payment, the date of termination notice by UPARIS.

10.2. Non-Refundable Fees (Administrative & Insurance)

Insurance fees (if insurance was purchased) are non-refundable under any circumstances.
Administrative fees are set at 30 EUR per booking and are non-refundable under any circumstances.

10.3. Cancellation Fee Schedule (Excluding Administrative & Insurance Fees)

Unless otherwise specified on the Trip page, in case of cancellation, the following amounts are due and retained by UPARIS, in addition to administrative and insurance fees:

Before D-61: 0% of total price (excluding administrative & insurance fees)
From D-60 to D-31 inclusive: 30% of total price (excluding administrative & insurance fees)
From D-30 to D-21 inclusive: 50% of total price (excluding administrative & insurance fees)
From D-20 to D-8 inclusive: 75% of total price (excluding administrative & insurance fees)
From D-7 to D0 inclusive / no-show: 100% of total price (excluding insurance fees)

Important: cancellation fees are calculated on the total Trip price. They remain due even if the balance has not yet been paid; UPARIS may claim payment from the Client.

10.4. Non-Recoverable Fees / Nominative Services

Visa fees, issuance fees, registrations, external administrative fees, as well as nominative services already committed may remain due and/or non-refundable according to service provider conditions.

10.5. Special Conditions

Special cancellation conditions may apply to certain trips (specific services, partners, local constraints). In this case, they are specified on the Trip page 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.

ARTICLE 11 — CANCELLATION / MODIFICATION BY UPARIS

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), UPARIS may cancel the Trip due to insufficient number of participants.

In this case, UPARIS will refund all amounts paid by the Client, without further compensation.

UPARIS undertakes not to cancel for this reason:

within 30 days before the start of the Trip for Trips of more than 6 days;
within 15 days before the start of the Trip for Trips of 2 to 6 days;
within 48 hours before the start of the Trip for Trips of less than 2 days.

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), UPARIS will refund the Client for services not provided, without further compensation, except where required by mandatory legal provisions.

11.3. Program Modification

UPARIS may need to modify the program (schedules, duration, itinerary, services) for safety reasons, administrative constraints, conditions, or to match the required level.

Where applicable, UPARIS will refund any services not provided, without further compensation, except where required by mandatory legal provisions.

ARTICLE 12 — PRICE REVISION (IF APPLICABLE)

The price may be revised upward or downward, no later than 20 days before departure, only if the Contract provides for it and based on variations (e.g., taxes/fees imposed by third parties, energy/fuel costs if transportation is included, exchange rates if applicable). Calculation methods are provided upon request.

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. Failing this, no refund may be claimed.

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 — INSURANCE (PURCHASE AT CLIENT’S INITIATIVE / POSSIBLE RECOMMENDATIONS)

UPARIS may recommend travel insurance through partners. The Client is advised to check whether they already have equivalent coverage. Insurance conditions (exclusions, deductibles, procedures, deadlines) are communicated before subscription.

Unless expressly stated otherwise on the Trip page, no insurance is included in the price: it is the responsibility of the Client and each Traveler to obtain personal insurance, particularly for cancellation, assistance, repatriation, medical expenses, and civil liability, according to their situation and the Trip booked.

UPARIS reserves the right to recommend suitable insurance solutions, without such recommendation constituting an obligation to subscribe or a guarantee of coverage.

Insurance premiums (if insurance was purchased) are non-refundable (Article 10.2).

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, UPARIS is responsible for the performance of the services provided for in the contract, under the conditions provided by law.

16.2. Mountain Activities: Inherent Risks and Absence of Absolute Safety

UPARIS 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, UPARIS undertakes 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 UPARIS, 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.), UPARIS 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, UPARIS provides 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, UPARIS (or its 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, UPARIS 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 support@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.

The Client may withdraw their consent at any time and request removal of content concerning them by contacting support@uparis.org. UPARIS 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 on a list opposing telephone canvassing in accordance with applicable legal provisions.

ARTICLE 20 — FINANCIAL GUARANTEE & PROFESSIONAL LIABILITY INSURANCE

UPARIS benefits from an APST financial guarantee and HISCOX SA Professional Liability Insurance, in accordance with obligations applicable to travel and stay operators.

ARTICLE 21 — COMPLAINTS

21.1. During the trip: any non-conformity must be reported without delay to UPARIS to allow for on-site resolution.

21.2. After the trip: the Client sends their written complaint to support@uparis.org attaching all supporting documents.

21.3. Mediation: after contacting UPARIS and in the absence of a satisfactory response within 60 days, the Client may refer the matter to the Tourism and Travel Mediator (MTV) according to the procedures available on the mediator’s website (online referral).

ARTICLE 22 — APPLICABLE LAW, DISPUTE RESOLUTION, COMPETENT JURISDICTION

These Terms of Sale are governed by French law.

In case of dispute, the Client is invited to seek an amicable solution by contacting customer service (support@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.

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.

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.