1. Purpose
These Terms and Conditions of Sale (hereinafter the "T&Cs") govern the contractual relations between Florian Vizier, trading under the business name Escal'Adventure (hereinafter "the provider"), and any adult individual booking a guided outdoor activity service (hereinafter "the client").
Any booking implies full and unreserved acceptance of these T&Cs. They prevail over any other condition not expressly agreed to by the provider.
2. Service provider
Florian Vizier — Escal'Adventure
Sole proprietorship (entreprise individuelle), 32 rue Principale, Lieu-dit Liaucous, 12720 Mostuéjouls, France
SIRET: 88529257300023
Telephone: +33 6 43 58 31 27 ·
E-mail: contact@escal-adventure.fr
Florian Vizier holds the State Diploma of Climbing Instructor (DEJEPS), with an Adventure Terrain specialism, and is registered with the Regional and Departmental Directorate for Youth, Sport and Social Cohesion (DRDJSCS). He holds the sports educator professional card issued by the French authorities.
3. Services offered
The provider offers guided activities in the mid-mountains of the Tarn and Jonte gorges and the Caroux Massif:
- Via ferrata: Liaucous, Boffi, Canourgue;
- Rock climbing: beginners, multi-pitch routes, adventure terrain (La Muse, Pas de Soucy, Caroux);
- Hiking & abseiling: Verrières, Pas de Soucy;
- Nights on the wall: vertical bivouac on a portaledge in the Tarn gorges.
The detailed descriptions (duration, level, minimum age, height gain, equipment) are available on the activity pages of the escal-adventure.fr website and form an integral part of the contract.
4. Booking & confirmation
Bookings can be made:
- via the contact form on the escal-adventure.fr website;
- by telephone on +33 6 43 58 31 27 or on WhatsApp;
- by e-mail to contact@escal-adventure.fr.
The booking becomes firm upon receipt of payment (deposit or full amount, depending on the terms agreed) and of the written confirmation (e-mail or SMS) from the provider.
Until this confirmation has been sent, no place is guaranteed on the requested date.
5. Price & payment
The rates in force are those shown on the activity pages of the website, in euros. The provider is not subject to VAT: VAT not applicable, article 293 B of the French General Tax Code (Code général des impôts). Rates may be changed at any time; only the rate shown at the time of booking applies.
Payment terms:
- Deposit of 30% of the total amount at the time of booking;
- Balance paid at the latest on the day of the outing, before departure;
- Accepted means of payment: bank transfer, cheque, cash, holiday vouchers (ANCV), PayPal or Wero.
The sums paid at the time of booking constitute a deposit (acompte) within the meaning of article L.214-1 of the French Consumer Code, and not a down payment (arrhes): the booking firmly binds both parties.
The prices include supervision by Florian, the provision of the safety equipment (PPE), as well as the provider's professional insurance costs. They do not include transport, accommodation, meals (unless stated otherwise), or the client's individual insurance.
6. Access conditions for the activities
The client undertakes to comply with the access conditions specific to each activity:
- Minimum age specific to each outing (5, 7 or 8 years depending on the activity, indicated on the activity page). Minors must be accompanied by a responsible adult, present on site or having signed a written authorisation;
- Physical fitness: being in good general condition, being able to walk on rough terrain, not suffering from vertigo incompatible with the activity;
- Absence of medical contraindications: heart conditions, serious back or joint problems, pregnancy, medical treatment affecting alertness or blood clotting. In case of doubt, consult a doctor before the outing.
The client acknowledges having taken note of the risks inherent in the practice of outdoor activities and agrees to take part in them in full awareness.
The provider reserves the right to refuse access to any person whose physical condition, behaviour (in particular under the influence of alcohol or drugs) or personal equipment would endanger their own safety or that of the group. Such refusal, duly justified by a safety imperative, does not give rise to any refund.
7. Supervision & equipment
Supervision is provided personally by Florian Vizier, who holds the diplomas and qualifications required (see section 2). The instructor-to-participant ratios are set by regulations and by the best practices of the profession.
The provider supplies all of the collective and individual safety equipment required (helmet, harness, lanyard, descender, rope, etc.), compliant with the standards in force (CE, EN, etc.) and regularly inspected.
The client must arrive wearing suitable sportswear, closed shoes with a lugged sole, and bringing water, a snack, as well as any personal items specified on the activity page (sun cream, cap, swimsuit, etc.).
The client is responsible for the equipment entrusted to them for the duration of the outing. Any damage, loss or breakage beyond normal wear and tear arising from inappropriate use may be charged to them at the replacement price.
8. Cancellation by the client
In the event of cancellation by the client, the following terms apply:
- Cancellation more than 30 days before the scheduled date: full refund of the deposit paid;
- Cancellation between 30 and 8 days before the date: the deposit is retained by the provider;
- Cancellation less than 8 days before, or a no-show on the day: the full price of the service is due.
Exception: in the event of duly justified force majeure (accident, illness supported by a medical certificate, close family bereavement), a free rescheduling to another date within the same season, or the following season, will be offered as a priority.
9. Cancellation by the provider
The provider reserves the right to cancel or postpone an outing in the following cases:
- weather conditions compromising safety (see section 10);
- the minimum number of participants not being reached (for open group outings);
- unavailability of the guide (illness, injury, force majeure);
- closure of the site by prefectural or municipal order;
- any other case of force majeure endangering the participants.
In such a case, the provider offers the client:
- a free rescheduling to a later date;
- or a full refund of the sums paid.
No further compensation may be claimed (travel costs, accommodation, booked leave, etc.).
10. Weather & safety conditions
Safety takes precedence over any other consideration. The provider is the sole judge of whether the outing can go ahead in light of the day's conditions: rain, storm, strong wind, extreme temperatures, condition of the rock (wet or frozen), rising water, etc.
A decision to cancel for weather reasons may be taken up to the very morning of the outing. In such a case, the conditions of section 9 apply (rescheduling or refund).
If the outing is cut short partway through for safety reasons beyond the provider's control, the provider will offer, depending on the point of interruption, a rescheduling or a partial refund pro rata to the part of the service not carried out.
11. Liability & insurance
The provider holds professional public liability insurance covering his supervision activity, in accordance with the regulations applicable to sports educators.
This insurance covers bodily injury and material damage caused to third parties through the provider's actions in the course of his activity. It does not cover damage that the client may suffer themselves (personal injuries, theft, loss of personal equipment, etc.).
Clients are strongly advised to take out individual insurance (multi-risk outdoor sports insurance, individual accident cover, etc.) covering the practice of climbing, via ferrata and similar activities, in addition to their health cover.
The provider declines all liability in the event of:
- failure by the client to comply with the safety instructions given by the guide;
- an inaccurate or incomplete declaration by the client regarding their state of health, their level or their physical fitness;
- theft or loss of personal effects (phone, jewellery, clothing, vehicle, etc.) before, during or after the outing;
- delay, cancellation or interruption due to a case of force majeure or to a third party.
12. Image rights
Photographs and videos taken during the outing are used for communication purposes (website, social networks, Escal'Adventure promotional materials) only with the express and prior consent of the client. This consent is obtained at the time of booking (optional tick box) or in writing before the outing: it is given free of charge, for a period of five (5) years, and may be withdrawn at any time. No service is conditional upon this consent.
Where the person photographed is a minor, the authorisation must be given by both holders of parental authority.
If you recognise a person and would like a photo removed, simply send an e-mail to contact@escal-adventure.fr. The removal will be carried out within 7 working days.
13. Personal data
The data collected as part of the booking (identity, contact details, medical information relevant to safety) are used exclusively for the processing of the service and kept for the applicable legal duration.
For more details on the collection and use of, and your rights over, this data, please see the privacy policy.
14. Gift voucher
Escal'Adventure offers gift vouchers valid across all of the guided activities. The request is made from the website's form; the provider then contacts the buyer to agree the payment arrangements, and subsequently sends them the personalised gift voucher electronically.
- Payment: the gift voucher is paid for by bank transfer, PayPal or Wero. Holiday vouchers (ANCV) cannot be used to purchase a gift voucher;
- Validity: one year from the date of issue, unless stated otherwise on the voucher;
- Use: in a single instance, subject to the provider's availability and to the access conditions specific to the activity chosen (age, fitness — see section 6);
- Transferability: the voucher may be given to a third party; it is neither exchangeable for cash nor divisible. It is non-refundable, subject to the exercise of the right of withdrawal provided for in section 15;
- Loss: a duplicate may be issued on request, provided that the voucher has not already been used;
- Expiry: once the validity period has passed, the voucher can no longer be used, unless the provider agrees on commercial grounds.
The booking of the outing by the beneficiary is subject to these T&Cs, in particular to the cancellation conditions (sections 8 to 10).
15. Right of withdrawal
Services on a set date. In accordance with article L.221-28, 12° of the French Consumer Code, the right of withdrawal does not apply to contracts for the supply of leisure activities that are to be provided on a specific date or during a specific period. Any booking of an outing on an agreed date is therefore firm and definitive upon its confirmation, subject to the cancellation conditions provided for in sections 8 to 10.
Gift vouchers. By contrast, the distance purchase of a gift voucher without a set outing date gives rise to a withdrawal period of fourteen (14) days from its receipt, without having to give a reason for the decision. To exercise it, simply inform the provider in writing (e-mail to contact@escal-adventure.fr or letter). The sums paid are refunded no later than fourteen (14) days after receipt of the request, by the same means of payment. The right of withdrawal can no longer be exercised if the voucher has already been used.
16. Mediation & disputes
In the event of a dispute, the client is invited first to contact the provider in writing, in order to try to find an amicable solution within a reasonable time.
Failing this, in accordance with articles L.611-1 and following of the French Consumer Code, the client may refer the matter free of charge to a consumer mediator.
17. Governing law
These T&Cs are governed by French law. In the absence of an amicable resolution, any dispute relating to their interpretation or their performance falls within the jurisdiction of the French courts, without recourse to mediation being a mandatory prerequisite to referring the matter to a judge.