Conditions Générales de vente

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.

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 (8) locations and nine (8) events as listed in the Section 2 hereafter.

1.2. The Haute Route extra-services offer an access to services linked to the participation to Haute Route Global Cycling Series.

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.

1.4. Extra-services, such as accommodation packages, “friends & family” 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.

2. Haute Route Calendar – Season 2021

Haute Route Brazil 26-28 March

Haute Route Crans-Montana 11-13 June

Haute Route Pyrenees 6-10 July

Haute Route Alps 22-28 August

Haute Route Dolomites 31 Aug - 4th Sept

Haute Route Ventoux 1-3 October

Haute Route Oman 29 - 31 October

Haute Route Mexico 5-7 November

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

3. Conditions of sale

3.1. Period of sale: Haute Route Offers (Infinity Pass included) are on sale from August 3rd, 2020 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. At the time of the order, the Client must be 18 years of age or over.

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

4.3. When the Client places an Order, Haute Route will issue a Web Confirmation Order Number. Haute Route will do this via the Haute Route Web Site.

4.4. By placing an Order, the Client makes an offer to Haute Route to purchase the Products which the Client has selected on these terms and conditions. Haute Route may or may not accept the Client’s offer at Haute Route discretion.

4.5. If Haute Route accept Client’s Order, Haute Route will notify the Client of its acceptance by issuing an Order Confirmation. Haute Route will send the Client’s Order Confirmation to the Client by e-mail on the one indicated on the Client’s Order Form. The Order Confirmation will be effective on sending. If Haute Route cannot accept the Client’s Order, Haute Route will attempt to contact the Client by email or telephone.

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. The following quantity limits per each Haute Route Event purchase apply to purchases on the Haute Route Web Site:

4.9.1. Race Bag Services: One (1) may be purchased per Haute Route Event purchase and only on selected events.

4.9.2. Rider’s Accommodation Package(s): A maximum of four (4) packages can be purchased per Haute Route Event. The four packages will be linked to an event registration and to a rider.

4.9.3. Haute Route reserves the right to cancel Client’s Order if it has reached these limits. Haute Route will inform Client if it has to cancel order on the above basis. Any payments Client has made will be refunded.

4.10. 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. Delivery costs, when applicable, are payable as indicated on Client Invoice.

5.3. 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.

5.5. If the Client terminates the contract in whole or in part during the Event, he is not entitled to a refund of the purchase price.

6. Paying your Products

6.1. The Haute Route Products are only sold in Euros, US Dollars and RMB. Currency has to be made based on Client’s Country of Residence.

6.2. Client may pay for Client’s Products by the methods of payment as may be displayed on the payment section of the Haute Route Web Site.

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. Haute Route will send request for payment, Invoice, and Products at the billing address indicated on Order Confirmation. Haute Route may, however, only send the documents by e-mail where Client has indicated an e-mail address on Order Form.

6.5. 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 Haute Route e-commerce platform, Client will receive a confirmation email with his Invoice and the detail of his Order.

7.2. In addition, Client will have access to his historical background and details information on his Client Account space.

7.3. 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.

7.3.1. 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.

7.3.2. To do so, Haute Route will send an automatic email to Infinity Pass members, inviting them to click on a “confirmation” box.

8. Specific Event Registration Conditions

8.1. The Haute Route Global Cycling Series Registered Clients are informed that each Haute Route Global Cycling Series can require specific conditions to register. These conditions are mentioned in the Rules and Regulations of each Event and listed in the Event information section of the series website.

9. No transferable Products

9.1. The Haute Route Global Cycling Series (entries) & Extra-services are nominative. They cannot be transferred to anyone else and/or to the next years, 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 Global Cycling Series (entries) & Extra-services will result in immediate cancellation of the entry and extra-services with no compensation of any kind.

9.2.1. The Haute Route Infinity Pass is an annual nominative pass. It cannot be transferred to anyone else and/or to the year after, under any circumstances. Each pass is 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.

9.2.1. Any unauthorized use of the Haute Route Infinity Pass will result in immediate cancellation of the pass and the immediate cancellation of the Client’s event registrations with no compensation of any kind.

10. Modification or 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 modification or cancellation:

10.2.1. Administrative fees in case of modification: 50 euros

10.2.2. Administrative fees in case of cancellation: 50 euros

10.2.3. Cancellation fees:

Up to 8 months before commencement of service - 20% of service price

Up to 4 months before commencement of service - 60% of service price

Up to 2 months before commencement of service - 80% of service price

Up to 1 months before commencement of service - 100% of service price

10.2.4. Cancellation fees for Infinity Passes, Special Offers, Discounted programs

100% of service price

10.3. If Client cancels the Contract in whole or in part, other than in the deadlines provided above under 10.2.3, he/she is not entitled to a refund of any kind.

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

11. Insurance

11.1. Haute Route proposes a cancellation insurance solution with a Third-Party partner. Therefore, if Client opts for such an insurance solution, Client needs to check the dedicated Terms & Conditions for this before the payment confirmation.

11.2. There is no cancellation insurance available for Infinity Pass clients.

11.3. All Clients may, at their own discretion and expense, obtain personal insurance for loss, injury or damage that they might sustain arising from participation to an Haute Route event. Clients ride at their own discretion and accept any injury or illness brought by their practice.

12. Scope of the services

Haute Route Global Cycling Series: The following services are included in the price of the format Client has chosen (7-day, 5-day, 3-day or Compact events). For more details, check the following link: https://www.hauteroute.org/events/services

12.1. Haute Route extra-services: The following extra-services are proposed to Client:

12.1.1. Accommodation packages (at different standards and pricing)

12.1.2. Transportation packages (from airport to the event village, no travel packages)

12.1.3. Race bag Service: Only for 7-day and 5- day Events

12.1.4. IMPORTANT: Additional services could be added by Haute Route during the year at a later stage.

12.2. Infinity Pass:

12.2.1. The benefits provided by the Infinity Pass may include additional services proposed during the entire series of Events and/or on each Event by Haute Route and/or Haute Route partners.

12.2.2. In addition, all services provided on each event will be automatically included for free for Infinity Pass Holder (massages, meals…) at the exception of the Haute Route Apparel (one kit per Infinity Pass Member and per season). For more information, please refer to each Event dedicated page on our official website: www.hauteroute.org.

12.3. Special case for hotel facilities (Accommodation packages): The availability of the hotel facilities indicated in the service descriptions (e.g. sports and wellness facilities, conference rooms) cannot be guaranteed. Some facilities may not be located in the immediate proximity of the accommodation and/or may be provided by third parties.

13. Suspension and Cancellation/Termination

13.1. 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 Event price, Haute Route is entitled to terminate the contract. The Client is entitled to a refund of the payments made.

13.2. 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 Event whenever possible. Further claims for compensation are excluded.

13.3. Haute Route Global Cycling Series (events):

13.3.1. 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.

13.3.2. 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.

13.4. 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.

13.5. 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 Event or the conditions assumed in good faith. In those cases, the Client must pay the treatment and cancellation fees.

14. Force Majeure

14.1. 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.

14.2. 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.

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

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

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

15. Claims

15.1. 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.

15.2. 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.

15.3. 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.

15.4. 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.

16. Contracts

16.1. 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.

16.2. 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.

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

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

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

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

16.4.3. 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)

16.5. 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.

16.6. 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.

17. Privacy and data

17.1. By placing an Order, Client agree that Haute Route may store, process and use data collected from Client Order Form for the purposes of processing Client’s Order. Some of the information Client provides to Haute Route will be passed to the companies Haute Route uses for some Extra-Services Products to Client. If Client so indicates on the appropriate section of Client’s Order Form, by placing Client Order, Client also agrees that Haute Route may transfer such data to other companies in the Haute Route group of companies or to companies whose products are available for purchase on The Haute Route Store in order to provide Client with information from time to time on other products and services that may be of interest to Client. If Client does not agree to Haute Route transferring such data to such companies in order to provide Client with information on other Haute Route or third-party products and services, Client should indicate his non-agreement on the appropriate section of Client Order Form. Client may obtain a copy of the data held by Haute Route concerning Client on request in writing. Haute Route reserves the right to charge an administration fee for processing such request, if it is manifestly unfounded or excessive, in particular because of their repetitive nature. If any data held by Haute Route concerning Client is incorrect, Haute Route will correct it on Client’s written request.

17.2. Haute Route acts in accordance with GDPR European Data Regulation law and will not pass on or sell your personal information and have no intention of sharing your data with third-parties for marketing purposes.

17.3. To view how Haute Route handle data, visit our PRIVACY POLICY.

18. Applicable law and place of jurisdiction

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

18.2. 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.

18.3. 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

19. Others

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

19.2. 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.

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

19.4. 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]