General Terms and Conditions of Sale, Privacy Policy and Code of Conduct

Maison Rochat Sàrl — Route du VIllage 11, 1968 Mase
Limited liability company (Sàrl) – Canton of Valais, Switzerland

ARTICLE 1 : PURPOSE, SCOPE AND EXCLUSION OF THE RIGHT OF WITHDRAWAL

• 1.1. Scope: These General Terms and Conditions of Sale (hereinafter ‘GTC’) exclusively govern all contractual relations between Maison Rochat Sàrl (hereinafter ‘the Company’) and its private or business customers (hereinafter ‘the Customer’).
• 1.2. Acceptance: Any booking of a service or excursion implies the Customer’s full, complete, irrevocable and unreserved acceptance of these terms and conditions on their own behalf and on behalf of all passengers in their group.
• 1.3. Exclusion of the right of withdrawal: In accordance with Article 40a et seq. of the Swiss Code of Obligations (CO) applicable to transport and leisure contracts scheduled for a specific date or period, the Company’s services are not subject to the right of withdrawal. The contract is binding upon confirmation of the booking.
  
  

ARTICLE 2 : SERVICES, MAXIMUM CAPACITY AND CLAUSES RELATING TO SUBSTITUTION, FORCE MAJEURE OR THIRD PARTIES

• 2.1. Maximum capacity: For reasons of comfort, payload and safety on alpine slopes, the maximum capacity is set at 6 (six) passengers per trip. The Company reserves the right to refuse any unplanned additional passengers at the time of departure. Such refusal shall under no circumstances entitle the Customer to a refund, rescheduling or any form of compensation.
• 2.2. Substitution for safety reasons: The services are provided personally by Mr Sébastien Rochat. In the event of temporary incapacity due to force majeure (illness, accident, serious family emergency), the Company expressly reserves the right to subcontract the service to an independent professional driver-guide holding the same professional qualifications (Professional Licence B121 / TPP), operating a vehicle of equivalent standard.
• 2.3. Total inability of the Company to provide the service and refund: If the Company is unable to provide the excursion and no substitute driver of equivalent standard can be appointed, the contract shall be terminated. The Company undertakes to refund the full amount paid by the Client (deposit and balance) in cash within 5 working days. This refund constitutes the sole and exclusive compensation due, to the express exclusion of any other compensation, interest or reimbursement of ancillary costs incurred by the Customer (such as air tickets, hotel or luxury hotel bookings).
• 2.4. Services provided by external third parties: Where the Company includes or arranges for services provided by third parties (wine tasting venues, restaurants, tours), it acts solely as an intermediary. The Company accepts no liability for any poor performance, accident, delay or loss arising in connection with the services provided by these third-party service providers. The Company may recommend external services such as transport and hotels, for which the Customer will pay the service providers directly.
  
  

ARTICLE 3 : FINANCIAL STRUCTURE, PAYMENT SCHEDULE AND NON-SET-OFF

• 3.1. Booking deposit (50 per cent): No booking is considered firm and confirmed on the operating calendar until the Company has actually received a mandatory deposit equivalent to 50 per cent of the total gross cost of the service. This deposit serves to reserve the vehicle and the guide exclusively for the client.
• 3.2. Fixed deadline for payment of the balance (7 days before departure): The remaining balance of the service, i.e. the remaining 50 per cent, must be paid in full and credited to the Company’s account no later than 7 (seven) days (i.e. 168 hours) before the scheduled departure time.
• 3.3. Automatic termination clause for non-payment: The 7-day period constitutes a fixed deadline within the meaning of Article 102(2) of the Swiss Code of Obligations (CO). Upon expiry of this period, and if the balance has not been received, the contract is automatically terminated (cancelled) at the sole fault of the Customer, without the need for a reminder. The 50 per cent deposit initially paid shall be retained by the Company as a lump-sum penalty (Art. 160 CO), and the property shall immediately be put back on the market.
• 3.4. Prohibition on set-off: The Client expressly waives the right to set off any claims or entitlements they may believe they have against the Company against the outstanding balance. Payments must be made in full without any deductions whatsoever.
  
  

ARTICLE 4 : STANDARDISED CANCELLATION POLICY

• 4.1. Cancellation more than 30 days before departure: The 50% deposit paid at the time of booking is converted in full into a non-transferable, personalised credit note (voucher), valid for a period of 12 (twelve) months from the date of issue. No cash refund will be made.
• 4.2. Cancellation between 30 days and 7 days before departure: The 50 per cent deposit paid at the time of booking is retained by the Company as a fixed cancellation fee to cover the exclusive commitment of logistical resources. No credit note or refund will be granted in respect of this deposit. If the Customer had paid the balance in advance, 50 per cent of the balance will be refunded in the form of a credit note (voucher) valid for 12 months.
• 4.3. Cancellation less than 7 days (168 hours) before departure or No-Show: The full cost of the service (deposit + balance due 7 days before departure) is deemed 100 per cent due and non-refundable. The Company retains the full contractual amount (100 per cent). No voucher, postponement or refund will be granted.
• 4.4. Customer delays: The Company will wait for the Customer at the meeting point for a maximum of 30 minutes. After this time, the trip will be treated as a no-show (100% forfeited). In the event of a delay of less than 30 minutes, the excursion will be shortened accordingly to allow the logistics schedule to be met, with no reduction in price.
  
  

ARTICLE 5 : RISKS ASSOCIATED WITH THE ALPINE ENVIRONMENT, HIKING, EQUIPMENT AND UNFORESEEN CIRCUMSTANCES

• 5.1. Nature of mountain risks: The Customer expressly acknowledges that excursions may take place at medium and high altitudes, on natural terrain or in wild mountain pastures. The alpine environment presents intrinsic objective risks: sudden changes in weather, rugged or slippery terrain, damp grass, and loose rocks.
• 5.2. Risks associated with flora and fauna (insects): As the sites visited are in the heart of the countryside, the Customer accepts the risks associated with the presence of insects, arthropods and alpine wildlife (wasp stings, ticks, horseflies, etc.). The Company accepts no contractual liability in the event of a sting or an environmental allergic reaction occurring outside the vehicle.
• 5.3. Medical responsibility and personal medication: It is the sole responsibility of passengers to carry their own personal medication (antihistamines, adrenaline auto-injectors such as EpiPens). The guide is not authorised to administer prescription medication.
• 5.4. Personal equipment requirements: The Customer and their passengers undertake to arrive at the departure point wearing closed-toe walking shoes with treaded, lugged soles, as well as suitable clothing (windproof jackets, thermal jackets). The Company reserves the exclusive right to refuse access to the trails to any passenger wearing inappropriate footwear (e.g. city shoes, heels, sandals). In such cases, the passenger will remain in the vehicle and will not be entitled to a refund.
• 5.5. Legal scope of supervision (Federal Act on Mountain Guides and Organisers of Other High-Risk Activities (LRisk)): In accordance with the Swiss Federal Act on Mountain Guides and Organisers of Other High-Risk Activities (LRisk), guided hikes organised by the Company take place exclusively on official, marked and safe hiking trails (maximum classification T2 according to the Swiss Alpine Club’s scale). Any route requiring mountaineering, via ferrata or high-altitude alpine hiking techniques (T3 and above) is expressly excluded from the Company’s scope of activity.
  
  

ARTICLE 6 : INTELLECTUAL PROPERTY AND IMAGE RIGHTS

• 6.1. Photography and filming: The Company reserves the right to take photographs and film videos during excursions for promotional purposes (website, brochures, social media).
• 6.2. Consent: By accepting these Terms and Conditions, the Customer expressly authorises the Company to use their image free of charge. However, any passenger who does not wish to be photographed or filmed may notify Mr Sébastien Rochat in writing or in person no later than the day of the excursion’s departure.
• 6.3. Copyright: All photographs and videos taken by the Company remain its exclusive property.
  
  

ARTICLE 7 : BEHAVIOUR AND SAFETY CLAUSE ON BOARD AND DURING EXCURSIONS

• 7.1. Compliance with instructions: The Customer and their passengers undertake to comply immediately and without question with all safety instructions issued by Mr Sébastien Rochat, both inside the vehicle and whilst on foot.
• 7.2. Inappropriate behaviour: The Company reserves the right to terminate the excursion immediately in the event of behaviour that is dangerous, aggressive or disrespectful towards the guide, third parties or the environment, or in the event of a passenger being manifestly intoxicated. Such immediate termination of the service shall be at the Customer’s sole expense and shall not give rise to any refund or compensation.
  
  

ARTICLE 8 : APPLICABLE LAW AND JURISDICTION

• 8.1. Applicable law: The contractual relationship between the Company and the Customer is governed exclusively by Swiss substantive law, to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
• 8.2. Jurisdiction: Any dispute arising out of the interpretation, performance or termination of these services shall be subject to the exclusive jurisdiction of the courts of the Canton of Valais, Switzerland.