General Terms and Conditions of Sale
NATURAL EXTERIOR
INTRO
The website www.exterieur-nature.com is published by the company EXTÉRIEUR NATURE, SARL with capital of €7, whose head office is located at Base Eaux Vives, Route d'Eus, 500,00 66 Marquixanes, France, registered at RCS of Perpignan under SIREN number: 320 503 256. Intra-community VAT number: FR349.
Contact :
Tel: + 33 (0) 4 68 05 72 12
Email: contact@exterieur-nature.com
The company EXTÉRIEUR NATURE (hereinafter referred to as “EXTÉRIEUR NATURE”) offers for sale services for outdoor activities and sports.
Any person booking an activity with EXTÉRIEUR NATURE is hereinafter referred to as “The Client”, “The Buyer” or “The Subscriber”.
The purpose of these General Terms and Conditions of Sale is to define the obligations and rights of each of the parties concerning the sale of the services offered by EXTÉRIEUR NATURE on the site. www.exterior-nature.com, by telephone, by e-mail and at its leisure park in Marquixanes.
Any activity reservation, whether online, by telephone, by e-mail, or directly at the Outdoor Nature leisure park in Marquixanes, entails acceptance and final and irrevocable consent to these general conditions of sale.
The www.exterieur-nature.com site is hosted by OVH, a simplified joint-stock company with capital of €10, registered with the RCS Lille Métropole under number 069 020 424 and whose head office is located at 761, rue Kellermann — 419 Roubaix — France. Contact: +2 59100 33 9 72 10.
CHARACTERISTICS OF NATURE EXTERIOR SERVICES
Outdoor activities for individuals and groups
EXTÉRIEUR NATURE organizes canyoning, rafting, hydrospeed (whitewater swimming), climbing and via ferrata outings, supervised by qualified professional guides. It also offers tree climbing, river tubing and “Explor Games” outdoor treasure hunt activities, carried out independently, under the supervision of qualified professional supervisors. All the activities can be consulted on the website www.exterieur-nature.com, in particular on the page https://www.exterieur-nature.com/nos-activites/.
Tailor-made or à la carte activities for groups and companies
EXTÉRIEUR NATURE also offers tailor-made or à la carte stays, days and activities for groups, such as bachelor or bachelorette parties, company seminars and team building, children's birthday parties. These offers for groups can be consulted on the website www.exterieur-nature.com, in particular on the page https://www.exterieur-nature.com/groupes/.
Rental of canyoning and via ferrata equipment and materials
EXTÉRIEUR NATURE offers equipment rental services for canyoning and via ferrata. The details of this service can be consulted on the page: https://www.exterieur-nature.com/location-de-materiel/
Voucher
EXTÉRIEUR NATURE offers for sale gift vouchers that can be used to book one or more of its activities (tree climbing, canyoning, tubing, Explor Games, rafting, hydrospeed, via ferrata or climbing).
The buyer defines and chooses the amount he wishes to offer during the purchase. The beneficiary of the gift card has a period of one year (twelve months) to reserve the activity of his choice. He can use the gift voucher in several times if he wishes.
The beneficiary of the gift voucher must contact the company Exterior Nature at least 15 days before the date planned for the activity, in order to ensure availability.
The gift voucher is not refundable, but the activity can be exchanged with another activity whose price is less than or equal to the value of the gift voucher. For activities for which the price is higher, the participant must pay the difference on site.
The gift voucher is payable by credit card, bank check, holiday check or cash of the order by the customer.
In the event of non-use of the EXTÉRIEUR NATURE gift card, expiry date, loss, theft or invalidity, neither the buyer nor the beneficiary will be entitled to a refund.
The prices and conditions for carrying out OUTDOOR NATURE activities are detailed on the specific pages for each activity. The prices are indicated in euros, including VAT.
CONDITIONS OF PRACTICE OF ACTIVITIES AND RESPONSIBILITY
Given the specific and adventurous nature of our activities, each participant is aware of the risks they may run. He assumes them with full knowledge of the facts and undertakes not to place the responsibility for these risks on EXTÉRIEUR NATURE. This also applies to beneficiaries and any family member.
Our activities are open to everyone, however, depending on the activities and courses, certain conditions must be taken into account: age limit, weight, height, swimming skills, technical or physical level, contraindications, etc. To know these conditions, please refer to the technical sheets of the different activities (available on our website https://www.exterieur-nature.com/). EXTÉRIEUR NATURE and its service providers reserve the right to refuse the requested service if the beneficiary does not meet the stated conditions.
The documents associated with the services presented on the website www.exterior-nature.com, such as descriptions, information sheets, photographs, drawings or other types of visual or sound information, are given for information only and cannot bind NATURAL EXTERIOR. We invite you to verify any information by contacting us by telephone on +33(0)4 68 05 72 12.
For whitewater activities (canyoning, tubing, rafting and hydrospeed), it is imperative to know how to swim at least 25 m and to be able to fully immerse yourself. Access to certain courses in the adventure park is subject to age and height conditions.
You must not be the subject of a medical contraindication to the practice of the chosen activity: canyoning, rafting, hydrospeed, tree climbing, tubing, climbing, via ferrata.
Important: if you are not subject to a medical contraindication, but you are dependent on special medical care or treatment, or if your state of health requires special attention, you must inform the supervising the activity before it begins.
Each participant must comply with the advice and instructions given by the staff supervising the EXTÉRIEUR NATURE activities and stays. Supervisors cannot be held responsible for incidents, accidents, bodily injury, etc. which would result from an imprudent personal initiative.
EXTÉRIEUR NATURE disclaims all liability for personal property (loss, breakage, theft, etc.) stored on activity sites, vehicles and on its leisure park.
For minors participating in activities under the supervision of an external organization, the latter is legally responsible for the conditions of participation. For minors registered with their parents/guardians, they are responsible. A minor alone cannot register without parental consent or an identified guardian.
FRAMEWORK CONDITIONS
All the activities offered by EXTÉRIEUR NATURE are supervised or supervised by guides and attendants holding the required diplomas and certifications, in accordance with the regulations in force.
Canyoning, tubing, climbing and via ferrata activities are supervised by independent workers (guides), within the framework of a convention of liberal services. EXTÉRIEUR NATURE acts as a simple transparent intermediary in the name and on behalf of the liberal service provider. Consequently, EXTÉRIEUR NATURE collects the prices of canyoning, via ferrata, climbing and tubing services on behalf of the liberal service provider.
Rafting and hydrospeed activities are managed and supervised by SUD RAFTING. The intervention of EXTÉRIEUR NATURE is limited to simply putting the beneficiary in touch with SUD RAFTING, which organizes the services under its sole responsibility, collects the prices of these services directly and personally and pays a commission to EXTÉRIEUR NATURE.
Contact details of the SUD RAFTING company:
Alès bridge roundabout
RD 117 road to Perpignan
11 Axats
France
Tree climbing and Explor Games activities are directly and personally organized and supervised by EXTÉRIEUR NATURE.
GEAR
The equipment and materials made available to customers by EXTÉRIEUR NATURE are CE approved and comply with PPE safety standards.
The equipment provided is indicated on the site www.exterior-nature.com, and more precisely on the page of the activity corresponding to the reservation.
BOOKING TERMS
Our activities can be booked:
1/ By telephone: by bank card, by contacting us on +33(0)4 68 05 72 12. Payment by telephone by credit card is only possible during the opening hours of the telephone switchboard: Monday to Sunday from 9 am to 20 pm. You must communicate by telephone: the activity you wish to reserve and the number of people, the number of your bank card, the expiry date of your bank card, the last three digits of the number appearing on the back of your bank card, the first and last name of the credit card holder. Payment will be made immediately, through our bank and by our manager. None of the information that you have communicated by telephone will be noted and/or recorded.
2/ By e-mail: via our Contact form, then by telephone by bank card (see terms in point 1. above)
3/ Online: by credit card, via the Trekker Pro secure payment module (only for the following activities: tree climbing, canyoning outings, Explor Games, tubing and rental of canyoning and via ferrata equipment). Online payment on the website www.exterieur-nature.com is made through the company Trekker, under its sole responsibility. This guarantees the security of your data using the SSL protocol. All information concerning your bank card is highly secured by encryption and cannot be subject to interception by third parties.
Contact details of the Trekker company:
Company Trekker, SAS with a share capital of 100 euros, registered with the RCS of PARIS under the number 812350817, whose registered office is located at 69 Rue Broca, 75013 Paris.
4/ At our leisure park: by going to Base Eaux Vives, Route d'Eus, 66 320 Marquixanes, France, by bank card, in cash, by bank check or by holiday vouchers (ANCV). Payment by bank check is only possible for checks in euros drawn on a French bank. The bank check must be made payable to EXTÉRIEUR NATURE. You will be asked for an identity document.
For online reservations, via the Trekker Pro module:
According to the law of March 13, 2000 on electronic signature, any purchase order signed by the consumer by "double click" constitutes an irrevocable acceptance which can only be called into question in the cases exhaustively provided for in these general conditions, namely: " case of force majeure”.
The “double click”, associated with the authentication procedure, non-repudiation and the protection of the integrity of the information, constitutes an electronic signature. This electronic signature has value between the parts of the handwritten signature. The contractual information of the order will be confirmed by e-mail, from Trekker Pro to the buyer.
For all bookings, regardless of the booking method:
A reservation is said to be confirmed upon receipt of the deposit payment. No reservation will be registered without payment. For so-called last-minute bookings (less than 5 days before the date of the activity), payment for the entire service will be required.
The buyer will receive a confirmation by e-mail and/or SMS. The beneficiary must follow the instructions given on the e-mail or SMS in order to settle the final details of the meeting (contact, exact time and place of appointment, weather forecast, equipment to be provided, etc.). The confirmation email or SMS must be presented to the supervisor on the day of the activity.
When booking an activity, a meeting time is systematically communicated to the subscriber. For the smooth running of the activities and out of respect for the other participants, we tolerate a delay of up to 20 minutes. Beyond this period, the instructors leave with the rest of the group and no reimbursement or compensation may be demanded by the latecomer.
For group reservations and stays:
A deposit of 30% will be required. The balance will be required on the day of the activity.
For group registrations or for several people, the subscriber undertakes to inform each of the participants of the content of the activities, the corresponding conditions of practice and these T&Cs. In the event of breach of the T&Cs by one or more participants, all services are due by the subscriber.
MODIFICATION OF THE PROGRAM
By the organizer:
EXTÉRIEUR NATURE reserves the right to modify the program of a service for reasons of safety, floods, drought, natural or accidental disasters (pollution), insufficient technical, physical or psychological level of the participants, without any of the participants being able to claim any compensation.
Only EXTÉRIEUR NATURE is authorized to decide on a possible modification of the program. If our organization is obliged to cancel a stay for any reason whatsoever, participants will be fully reimbursed without being able to claim any other compensation.
By the customer :
In case of modification of the reservation (number of people, desired activity, options, etc.), the subscriber must notify EXTÉRIEUR NATURE at the address contact@exterieur-nature.com at least 5 days before the date of the activity. After this period, all benefits are payable by the subscriber.
Any service started and then interrupted or not consumed, because not modified or canceled within the minimum deadlines (specified in the “CANCELLATION CONDITIONS” section below) for any reason whatsoever cannot be refunded.
CANCELLATION AND REFUND POLICY
Cancellation of a scheduled outing or activity:
Cancellation by the subscriber:
- For any cancellation up to 30 days before the activity, the deposit will be refunded.
- For any cancellation less than 30 days before the activity, the deposit will be retained.
- For any cancellation 5 days or less before the activity, the balance will be required.
Cancellation by EXTÉRIEUR NATURE:
Exterior Nature reserves the right, without notice, to cancel or modify the content of a program for reasons of safety, weather conditions, if one of the participants does not require the conditions corresponding to the practice of activity, or for any other case of force majeure.
In these cases, a replacement activity will be organized as far as possible or another date will be offered to you. If the exit cannot be carried out, the service will be fully reimbursed to you, without being able to claim any other compensation.
Cancellation of a scheduled stay:
Cancellation by EXTÉRIEUR NATURE:
We reserve the right not to validate a stay in the event of an insufficient number of participants (minimum 5 people) or following special conditions that may compromise the smooth running of the stay.
In these cases you will be notified within a minimum of 20 days before the start of the stay and alternative solutions will be offered to you. If none of these solutions suits you, you will be refunded in full.
Cancellation by the subscriber:
In the event of withdrawal on your part (unless you find a replacement), the cancellation costs payable by you are as follows (the date taken into account is that on which Exterior Nature became aware of the withdrawal):
- Up to 30 days before departure: 10% of the amount of the stay will be required.
- Up to 20 days before departure: 50% of the amount of the stay will be required.
- 19 days or less before departure: 100% of the amount of the stay will be required.
Any participant shortening the stay, not respecting the place of accommodation, the dates and times of the appointments or following an exclusion decided by the instructor for dangerous behavior harming his safety or that of the group, will not claim to no refund.
RIGHT TO RETRACT
For activities booked on a specific date:
According to Article L221-28 of the Consumer Code, the consumer's right of withdrawal does not apply to contracts relating to the provision of accommodation services, other than residential accommodation, goods transport services , car rentals, catering or leisure activities that must be provided on a specific date or period. The reservation of leisure activities on a specific date is therefore not subject to a right of withdrawal.
For the purchase of EXTÉRIEUR NATURE gift cards:
When purchasing an EXTÉRIEUR NATURE gift card, the buyer has, under the terms of Article L 221-18 of the Consumer Code, a period of fourteen clear days from the date of purchase to exercise his right of withdrawal, without having to justify reasons or pay penalties. The right of withdrawal cannot be exercised by the beneficiary of the gift card, unless the latter is the purchaser of said gift card.
This withdrawal must be notified by letter or e-mail, mentioning your surname, first name, postal address and e-mail address. It must be sent to EXTÉRIEUR NATURE, by e-mail to the address contact@exterieur-nature.com or by post to the following address : Base Eaux Vives, Route d'Eus, 66 320 Marquixanes, France.
EXTÉRIEUR NATURE will reimburse the gift card within fourteen days of receipt of the withdrawal.
The right of withdrawal cannot be exercised by the buyer if the EXTÉRIEUR NATURE gift card has been used or has not been paid for in full. The fact of exercising his right of withdrawal under the normal conditions of payment prevents the buyer from exercising his right of repudiation of his online payment by credit card with his bank. To this end, a certificate of non-repudiation of payment will be requested from it before reimbursement, which will be sent to banking organizations and/or officially accredited organizations.
INSURANCE
Exterior Nature SARL is insured for professional civil liability with MMA (address: SARL SAGA ASSURANCES, 5 rue Pierre SEMARD 69922 OULLINS / Contract number 125386616 and 144078265) for all the activities it offers. It has a tourism authorization (n° HA066090002).
However, all participants must be insured for civil liability and it is recommended to have personal accident insurance.
PERSONAL INFORMATION
EXTÉRIEUR NATURE and its online booking and planning management provider Trekker PRO are committed to protecting the personal data of their customers: neither entity resells, shares or monetizes the data of its customers.
EXTÉRIEUR NATURE and Trekker ensure that they do not collect data allowing the identification of natural persons other than those explicitly requested from the subscriber of the reservation.
To learn more about our privacy policy, check out our dedicated page.
INTELLECTUAL PROPERTY
All documents, information, text, graphics, images, photographs or any other visual or sound content published on the website www.exterieur-nature.com are protected by copyright and of the Intellectual Property Code. Consequently, only use for private use is authorized, subject to more restrictive legal or regulatory provisions.
Any other use is likely to be qualified as counterfeiting and sanctioned by articles L335-2 and following of the Intellectual Property Code before the competent French courts, except with the express prior written authorization of EXTÉRIEUR NATURE. Consequently, any reproduction, alteration or modification of any element whatsoever published on the website www.exterieur-nature.com is prohibited.
The same applies to the databases appearing on the website www.exterieur-nature.com, the content of which is protected by the provisions of the law of 1 July 1998 relating to the legal protection of databases.
EXTÉRIEUR NATURE is a registered trademark and any reproduction or imitation constitutes an act of infringement.
Any copy of EXTÉRIEUR NATURE gift cards and vouchers is also expressly prohibited.
COMPLAINTS and DISPUTES
Any complaint must be addressed to the customer service of the Outdoor Nature park, according to the contact methods indicated in the preamble of these GCS.
After contacting customer service and failing a satisfactory response within 60 days, the customer may contact the Tourism, Leisure and Travel mediator, whose contact details and referral methods are available on his website: https://www.mtv.travel/.
APPLICABLE LAW — JURISDICTION
The law applicable to these general conditions is French law.
Any dispute that may arise from the interpretation and/or execution of these general conditions will be submitted to the competent French courts. The buyer may enter either one of the jurisdictions with territorial jurisdiction under the Code of Civil Procedure, or the jurisdiction of the place where he lived at the time of the conclusion of the contract or the occurrence of the harmful event.