General Sales Conditions

Introduction: Haute Route

All reference to the ‘Haute Route” refers to Haute Route SA, its subsidiaries and affiliates, Haute Route events, all products (Infinity pass included), all services (paid and/or free), its staff, employees, subcontractors, agents and representatives.

All reference to the “Haute Route Client”, “Customers”, “Riders” or “Client” refers to business partners clients (Tour Operators, Coaching Companies, …) and End-Consumers who are purchasing directly on our website. All are bound, as a condition, to comply with the rules set out below.

These General Sales Conditions (hereafter: “GSC”) form an integral part of the contract between the Client and Haute Route. The rights and obligations of the Client and Haute Route are based on the individual written contract, the present GSC and legal regulations. The information contained in Haute Route publications are also to be taken into account.

1. Offer description

The Haute Route Offer is composed of the following Products:

1.1. The Haute Route Global Cycling Series made of five (5) locations and five (5) events as listed in the Section 2 hereafter and assotiated entry fees.

1.2. The Haute Route extra-services offer an access to services linked to the participation to Haute Route Global Cycling Series. Extra-services, such as accommodation packages, and any other paying option not included in the event entry fees, are not included in the Haute Route Global Cycling Series or Infinity Pass and need to be purchased separately.

1.3. The Haute Route Infinity Pass allows its holder to register to any Haute Route event without having to pay any supplementary entry fee

2. Haute Route Calendar – Season 2022

2.1 Haute Route Alpe d’Huez (Original & Compact events) – 24-26 June

2.2 Haute Route Pyrenees – 5-9 July

2.3 Haute Route Alps – 21-27 August

2.4 Haute Route Dolomites – 30 August-3 September

2.5 Haute Route Davos (Original & Compact events) – 23-25 September

IMPORTANT: This list is subject to modification. Haute Route retains the right to add new events to the list or cancel events in the conditions stated in Section 14 hereafter.

2.6. Price phases

- Infinity Pass – 6th October (1 day only)
- Phase 1 - Alumni only – from 7th Oct to 13th Oct
- Phase 2 (public) – from 14th Oct to 8th Dec
- Phase 3 – from 9th Dec to 31st Jan
- Phase 4 - from 1st Feb to the event

3. Conditions of sale

3.1. Period of sale: Haute Route Offers (Infinity Pass included) are on sale from October 6th,2021 until the annual quota of entries, extra-services packages and/or Infinity Pass for sale are reached and publicly announced by Haute Route as “Sold Out”.

3.1.1. No exception will be made to this rule and therefore no extra quotas will be added. Nevertheless, Haute Route keeps the right to organize waiting list in order to propose entries, extra-services packages and/or Infinity Pass in case of Clients’ cancellation

3.1.2. IMPORTANT: The Haute Route Products (Infinity Pass included) are sold on a first come, first served basis.

4. Placing an Order

4.1. To place an Order, the Client must be 18 years of age or over, at the time of the order.

4.2. The Client may place an Order by filling in the Registration Form on the Active portal after logging into or creating a personal account and clicking on the “Register here” button. Haute Route will not accept Orders placed in any other way than those listed above.

4.3. When the Client places an Order, Active portal will issue a Web Confirmation Order Number.

4.4. Haute Route will notify the Client of its acceptance by issuing an Order Confirmation. Haute Route will send the Client’s Order Confirmation by e-mail on the one indicated on the Client’s Order Form. The Order Confirmation will be effective on sending.

4.6. The Contract is concluded between the Client and Haute Route. As a contractual partner of Haute Route, the Client is responsible for all participants it/he/she registers by its Order. These GSC are binding for all participants.

4.7. Whilst Haute Route will make every effort to supply the Client with the Products listed on the Order Confirmation, there may be occasions where Haute Route is unable to supply these Products. In such circumstances, Haute Route will contact the Client to inform him/her and may suggest alternative Products that Client might wish to purchase.

4.7.1. If Client accept Haute Route’s suggestions, then Haute Route will send Client a revised Order Confirmation.

4.7.2. If Client does not accept Haute Route’s suggestions, then Haute Route will cancel Client’s Order in relation to those Products if Haute Route cannot supply and repay Client’s any money that he/she has paid in respect of those Products. Repayment of such monies will be the extent of Haute Route’s liability to Client if Haute Route is unable to deliver to Client the Products he has ordered.

4.8. Information contained in Haute Route advertising, brochures, other written materials, on Haute Route web site or given to Client by Haute Route’s agents or employees constitutes an invitation to treat. No such information constitutes an offer by Haute Route to supply any Products.

4.9. Haute Route is not liable for Order errors which are attributable to the Client or which are caused by unavoidable and extraordinary circumstances.



5. Prices

5.1. The price for the Products will be the price indicated on Client Invoice.

5.2. In case of subsequent increases of the actual costs incurred, Haute Route reserves the right to increase the purchase price of the package after conclusion of the contract, in particular in the following cases:

5.3.1. Increase in transportation costs, including the cost of fuel

5.3.2. Increase and/or introduction of taxes and/or duties (e.g. tourism taxes, official fees, increase in VAT, etc.)

5.3.3 Modifications to the exchange rates applied to the particular package

5.3.4. Billing and/or publication errors

5.4. Price increases can be requested no later than twenty (20) Business Days before the planned start of the event. If the price increase is more than 8 % of the price of the event, the Client has the right to withdraw from the contract free of charge within five (5) days of notification of the price increase.

5.4.1. In this case, the customer is free to take a replacement event as far as this is possible. If the replacement event is of lower quality than the contractually agreed event, the Client may demand compensation for the reduced value.

5.4.2. Any other claim is excluded.



6. Paying your Products

6.1. The Haute Route Products are only sold in Euros.

6.2. Client may pay for Client’s Products by the methods of payment as may be displayed on the payment section of the Active portal.

6.3. If Client is paying by credit card, then Client must supply credit card details when Client places his Order. Client’s credit card will be charged when Haute Route issues Client’s Invoice. Haute Route reserves the right to verify the identity of the credit card holder by requesting appropriate documentation.

6.4. Payment plan option

Clients who register on or phase 4 may elect to pay via a three-part payment plan. Clients will be charged the current Tier price in three equal installments. To elect the payment plan, a client needs to select payment plan at the checkout page during online registration.

Once registered via the payment option plan, the client will receive a receipt email for the first payment from Active portal.

All three payments must be completed for a client to attend the event – partial payments will not be refunded or honored as registration. Clients electing the payment plan may also utilize the deferral option listed below once all three payments have been completed.

6.5. Haute Route will send request for payment, Invoice, and Products at the e-mail address indicated on Order Confirmation.

6.6. If the terms of payment are not respected, Haute Route has the right to cancel the trip and to charge cancellation and administration fees, in the conditions of Section 10 hereafter.

7. Purchase confirmation

7.1. After each purchase made on Active portal, Client will receive a confirmation email with his Invoice and the detail of his Order.

7.2. IMPORTANT: Infinity Pass Members are informed that their membership does not guarantee availability on all events at all time. Members are informed that Haute Route events could be sold-out very early after the registrations open.

7.2.1. Infinity Pass Members will have to confirm their presence at an event, no later than two months before such event. Not confirming the presence at an event in the said deadline will result in the participation being cancelled.

7.2.2. To do so, Haute Route will send an automatic email to Infinity Pass members, inviting them to confirm their attendance.

8. Rules & Regulations

8.1. Registered Clients are informed that each Haute Route events can require specific conditions to register. These conditions are mentioned in the Rules and Regulations of each Event that registered clients agreed to at the time of registration.

9. No transferable Products

9.1. Haute Route entries (including Infinity Pass) & Extra-services are nominative. They cannot be transferred to anyone else under any circumstances. Each event & Extra-Service are issued in the Client’s name and can only be used by the Client. Identity checks will be made systematically at the registration day of each event.

9.1.1. Any unauthorized use of the Haute Route entries (Including Infinity Passe) & Extra-services will result in immediate cancellation of the entry and extra-services with no compensation of any kind.

10. Cancellation of an Order by Client

10.1. Client may withdraw from the Event or modify its Order at any time prior to the start of the Event. The declaration of withdrawal must be made in writing. The withdrawal becomes binding as soon as it has been confirmed in writing by Haute Route. The decisive date for the determination of the resulting cancellation fee is the date of notification of the withdrawal declaration to Haute Route.

10.2. The following fees are applicable in case of cancellation:

10.2.1. Administrative fees in case of cancellation: 50 euros

10.2.2. Cancellation fees:

- From registration opening to 6 months before commencement of service - 100% of refund minus administration fee

- From 6 months to 4 months before commencement of service - 80% of refund minus administration fee

- From 4 months to 2 months before commencement of service - 40% of refund minus administration fee
- From 2 months to 1 month before commencement of service - 20% of refund minus administration fee

- From 1 month to the commencement of service – 0% of refund
- 

Infinity Passes holders are not entitled to a refund of any kind.

10.3. The terms and conditions of Sections 14 and 15 hereunder are reserved.

11. Transfer of an Order by Client

11.1. Client may withdraw from the Event or modify its Order at any time prior to the start of the Event. The declaration of withdrawal must be made in writing. The withdrawal becomes binding as soon as it has been confirmed in writing by Haute Route. The decisive date for the determination of the resulting transfer fee is the date of notification of the withdrawal declaration to Haute Route.

11.2. The following fees are applicable in case of modification:

11.2.1. Administrative fees in case of modification: 50 euros

11.2.2. Transfer fees:


- From season opening registration to 1 month before commencement of service - 100% of transfer minus administration fee.
- From 1 month to the commencement of service – 80% of transfer for the entry and 0% of transfer for the extra services (accommodation, transportation, race bag service and any other extra services added on the registration platform) minus administration fee.
- Infinity Passes holders are not entitled to a transfer of any kind.

11.3. The terms and conditions of Sections 14 and 15 hereunder are reserved.

12. Suspension and Cancellation/Termination

12.1. In the event of a substantial error at the time of the conclusion of the contract, in particular in the case of errors of calculation and/or publication of the Experience price, Haute Route is entitled to terminate the contract. The Client is entitled to a refund of the payments made.

12.2. If the minimum number of participants for an Event is not reached, Haute Route is entitled to cancel the contract up to twenty (20) Business Days before the planned start of the Event at the latest. The Client is entitled to a refund of the payments made. The Client is also entitled to choose an alternative Experience whenever possible. Further claims for compensation are excluded.

12.3. Haute Route Global Cycling Series (events):

12.3.1. Termination by Haute Route: If Haute Route cancels the Event more than twenty (20) Business Days from the Event Date, Haute Route shall return the full amount of any deposits and pre-payments to Client made, according to the amount invoiced to Client. No compensation will be given to Client for other costs (direct or indirect) related to the purchase of any of the product of the Haute Route Offer (transportation fee, accommodation (if not taken with Haute Route), family expenses (travel, hotels) except linked to a Friends & Family product offered by Haute Route.

12.3.2. Late Termination by Haute Route: If Haute Route cancels the Event less than twenty (20) Business Days from the Event Date, Haute Route shall return the full amount of any deposits and pre-payments to Client made according to the amount invoiced to Client plus a 30% discount on any Haute Route Global Cycling Series. No other compensation will be given to Client for other costs (direct or indirect) related to the purchase of any of the product of the Haute Route Offer (transportation fee, accommodation (if not taken with the Haute Route), family expenses (travel, hotels) except linked to a Friends & Family product offered by the haute Route.

12.4. For Infinity Pass Clients, Haute Route shall have the right to suspend participation, or cancel the membership, if a Member (i) fails to pay its annual fees on time, or (ii) violates any of the Haute Route Rules and Regulations and fails to correct that breach within ten (10) days of notice from Haute Route or the Haute Route staff, or (iii) substantially, flagrantly or repeatedly violates any of the Haute Route Rules & Regulations. No refunds of Membership fees or other payments will be given.

12.5. If the Client or a participant under his/her responsibility makes the continuation of the contract intolerable for Haute Route due to inappropriate behavior, Haute Route is entitled to withdraw from the contract or to terminate it. Inappropriate behavior is also considered to include the fact that the Client’s medical condition is clearly not consistent with the conditions indicated in the description of the Experience or the conditions assumed in good faith. In those cases, the Client must pay the treatment and cancellation fees.

13. Force Majeure

13.1. Haute Route shall not be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, earthquakes, explosions, acts of God, epidemic, pandemic, war, governmental action, labor conditions, or any other cause which is beyond the reasonable control of Haute Route.

13.2. In the above-mentioned cases, the descriptions of the services in the general publications of Haute Route are not binding. The Client is not entitled to a refund of the purchase price in case of limited or reduced service provision due to an unforeseen and unavoidable event (force majeure). Any other claim for compensation on any grounds whatsoever will be denied.

13.3. In the above-mentioned cases, Haute Route has the right to withdraw from or terminate the contract.

13.3.1. If the contract is cancelled before the start of the Event, the Client may choose a replacement Experience as far as this is possible and agreed with Haute Route.

13.3.2. In the event of cancellation after the start of the Event, any replacement Experience and claims for compensation by the Client are excluded, in particular compensation for additional costs (e.g. flight or hotel costs).

14. Claims

14.1. Obligation of immediate claim: In case of claims during the Event, the Client must immediately inform the Service Provider and the Local Haute Route Agent. Haute Route will do its best to find appropriate solutions. If no appropriate solution can be found on the spot, the Client must obtain written confirmation from the Service Provider or Local Agent (facts, list of defects). However, the Service Provider and the Local Agent are not authorized to recognize requests made by the Client.

14.2. Client compensation claims: The Client must notify Haute Route in writing with the confirmation indicated in 16.1 within 30 days of the end of the event. In the absence of notification and/or confirmation in accordance with point 16.1, the Client is not entitled to any compensation.

14.3. If any of the Services are not performed in accordance with the Contract, Haute Route shall remedy the lack of conformity, unless that is impossible or entails disproportionate costs, taking into account the extent of the lack of conformity and the value of the travel services affected.

14.4. Client may reject the proposed alternative arrangements only if they are not comparable to what was agreed in the Contract or if the price reduction granted is inadequate.

15. Limitation of Liability

15.1. Haute Route is responsible to the Client for the proper execution of the contract, regardless of whether the services due are to be provided by itself or by other service providers.

15.2. Except for member’s dues commitment, or in cases of willful misconduct or gross negligence, or where required by applicable law, the aggregate liability of Haute Route to Clients and to other parties, shall not exceed the past 12 months membership fees paid by the Infinity Pass members to Haute Route.

15.3. Liability for all damages other than personal injury is limited to twice the price of the event for each contract.

15.4. Haute Route is not liable if the non-performance or non-contractual execution of the contract of the Event is due:

15.4.1. Failure by the client (e.g. non-compliance with entry requirements, non-transportation due to pregnancy, criminal sanctions).

15.4.2. Unpredictable or unavoidable failures by third parties (e.g. delays by transport companies, strikes, disruptions in the provision of services by third parties)

15.4.3. Unpredictable or unavoidable circumstances or force majeure (e.g. war, natural disasters, withdrawal of landing rights, authorities’ provisions, lack of driving licenses, epidemics and pandemics and associated official measures)

15.5. In all cases, Haute Route’s liability is limited to the sums resulting from international conventions or national laws in force. In such cases, a more extensive liability of Haute Route is excluded.

15.6. Assignment of claims for damages and/or compensation: If Haute Route compensates the Client for damage caused by a Service Provider, the Client’s claims for compensation against the Service Provider are transferred to Haute Route.

16. Applicable law and place of jurisdiction

16.1. The contractual relationship between the Customer and Haute Route is governed exclusively by Swiss law.

16.2. Subject to imperative legal regulations (notably the Swiss Code of Civil Procedure), the place of jurisdiction is given by the legal headquarters of Haute Route.

16.3. Before any potential litigation, the parties are free to consult the Ombudsman of the Swiss Travel Industry (www.ombudsmann-touristik.ch) in order to reach an out-of-court agreement

17. Others

17.1. Authentic language: In case of differences in interpretation due to different wording in the different language versions, the French version shall prevail.


17.2. Invalidity of a clause: Should one or more of the above clauses be or become invalid, this shall not affect the validity of the remaining clauses.


17.3. Travel guarantee: Haute Route is a member of the guarantee fund of the Swiss travel industry.


17.4. Haute Route may modify the GSC unilaterally at any time. It publishes electronically the current version of the GSC.

HAUTE ROUTE SA

Route du Lac, 3

1094 Paudex

SWITZERLAND

[email protected]