General Terms and Conditions of Sales – Legal Notice

These General Terms and Conditions of Sale (GTCS) govern the services offered by the company Créateur d’Motions – Exclusive Travel, a simplified joint-stock company (SASU) with a share capital of €7,500, registered with the Chambéry Trade and Companies Register under number 992 974 790, whose registered office is located at 373 avenue des Neiges, Les Lanches A4, 73320 Tignes, France, and whose legal representative is Mr. Nicolas Bourdier, residing at the same address. They apply to all sales of stays, trips, or travel services organized or marketed by Créateur d’Motions – Exclusive Travel. Any booking implies full and unconditional acceptance of these GTCS, as well as of any specific conditions set out in the contract of stay.
Phone: +33.(0)6.36.13.36.41 Email: createur.d.motions@gmail.com Website: www.createur-d-motions.fr

These GTCS govern the contractual relationship between Créateur D’Motions – Exclusive Travel (hereinafter referred to as the Organiser) and any natural or legal person (hereinafter referred to as the Participant) registering for a trip, stay or tourist service organised and commercialized by the Organiser. They are established pursuant to Articles L.211-1 to R.211-11 of the french Code du Tourisme on the sale of travel and stays. Any booking implies full acceptance of these GTCS and of the specific conditions set out in the Contract of Stay. The Organiser designs and offers package tours combining several distinct services (including accommodation, transport, activities, catering, etc.), as well as individual services, referred to as “single services”, corresponding to a single service sold separately (for example a lesson, an activity, a transfer or any other service). Depending on the nature of the services, the Organiser acts either as a tour operator, when composing and selling a complete package under its own responsibility, or as an intermediary, when marketing a single service on behalf of a partner provider (such as an instructor, guide, accommodation provider, carrier or other professional), acting then as an agent in accordance with the intermediation regime referred to in Article 256 of the French General Tax Code. The Organiser may also offer the rental of equipment or gear necessary for the realization of the trips. These rental services are independent from the travel packages and are subject to the standard VAT rate of 20%. The rented equipment remains the exclusive property of the Organiser; the client is fully responsible for it during the entire rental period, from delivery until return. In the event of loss, theft, breakage or deterioration of the equipment, the client agrees to reimburse its replacement value, as stated in the equipment rental sheet provided on the day of the rental. The applicable value-added tax (VAT) regime for each of these situations is specified in Article 4.

The Organiser is registered in the French national register of travel and stay operators (Atout France). In accordance with applicable law, the agency has:
• a financial guarantee with APST;
• Professional Civil Liability insurance (Tourism) taken out with LIZA Assurances;
• Professional Civil Liability insurance (Sports Instructor) with GBC Montagne, covering activities led by Mr Nicolas Bourdier, State-certified instructor.
Full contact details for these organisations appear in Annex 1 – Legal information and insurance.

Registration becomes final upon receipt of the signed Contract of Stay and payment of a €350 deposit. This deposit is non-refundable, except where otherwise provided by applicable law or where cancellation is attributable to the Organiser (see Article 9). The balance is due 60 days before departure. Any booking made fewer than 60 days before departure must be paid in full at registration. Signature of the contract constitutes full and unconditional acceptance of these GTCS.

Prices are stated in euros, inclusive of all taxes. They include the services listed in the Road Book and the Contract of Stay, and exclude personal expenses, drinks, tips and any optional insurance. Prices may be revised only under the conditions set out in Article L.211-12 of the Code du Tourisme, notably in the event of changes in transport costs, taxes/charges or exchange rates.

The Value Added Tax (VAT) regime varies according to the nature of the services provided:
• For package tours or stays combining several services, VAT is applied according to the special VAT margin scheme provided for in Article 266, 1-e of the French General Tax Code and Articles 306 to 310 of Directive 2006/112/EC. In this case, VAT is not deductible and is not shown separately on invoices.
• For services sold on behalf of partner providers (“single services”), the Organiser acts as an intermediary (agent), and VAT is due only on the commission received, in accordance with the intermediation regime referred to in Article 256 of the French General Tax Code.
• For the rental or sale of goods and equipment, VAT is applied under the standard rate of 20% (regular VAT regime). Invoices are issued according to the VAT regime applicable to each type of service. The distinctions between VAT on margin, VAT on commission, and standard VAT are clearly indicated on all invoices issued by the Organiser.

Prices are determined at the time of booking; any obvious material error (typing, calculation, or conversion) may be corrected without incurring the Organiser’s liability.

Payments may be made by bank transfer or any other method accepted by the Organiser. For international bank transfers, any transfer, currency conversion or bank charges are entirely covered by the Participant. In case of non-payment of the balance by the due date, the Organiser reserves the right to cancel the booking without prior notice, with cancellation fees then applied according to the scale in Article 6.

Certain services marketed by the Organiser are provided by independent third-party service providers and are performed over a defined period of time. In such cases, the Organiser acts exclusively as an intermediary in the marketing of these services.
Where the price of such services is paid in instalments or on a periodic basis, each period of service commenced shall be deemed due and non-refundable, including in the event of partial or non-use of the service by the Participant.
In the event of early termination of the project for reasons beyond the control of the Organiser, any services already performed or committed shall remain payable. Payments relating to periods not yet commenced shall not be invoiced.
By way of exception, in the event of a definitive inability to continue the project resulting from a serious and duly justified event (including, but not limited to, serious injury, incapacitating illness or death of the Participant), the service may be terminated at the end of the current period. No retroactive refund of amounts already paid shall be due.

Certain intermediated services may be performed wholly or partly remotely and independently by the Participant, who remains solely responsible for complying with the instructions provided by the independent third-party service provider and for his effective participation.

Any cancellation must be notified in writing (email or registered letter). The fees retained are calculated as follows:
• more than 60 days before departure: €350 deposit;
• from 60 to 30 days inclusive: 50% of the total amount;
• from 29 to 15 days inclusive: 75% of the total amount;
• less than 15 days: 100% of the total amount.
The Participant may transfer the contract to a third party meeting the same conditions, provided the Organiser is informed at least 7 days before departure; any administrative costs are borne by the Participant.

The provisions of this article apply exclusively to travel services and tourist services with a defined departure date.
Intermediated services performed over a period of time are governed by the specific provisions set out in Article 5 bis.

Pursuant to Article R.211-10 of the Code du Tourisme, the Participant will be informed of any such cancellation at the latest:
• 20 days before the start for trips longer than 6 days;
• 7 days before for trips of 2 to 6 days;
• 48 hours before for trips shorter than 2 days.
In that event, the Participant may choose between:
• postponing their booking to another stay;
• receiving a credit note valid for 18 months; or
• a full refund of all sums paid, without additional compensation except where mandatory rights provided by applicable European or French law apply.
Services booked directly by the Participant (air tickets, additional accommodation, transfers, vehicle rental, etc.) and not included in the package sold by the Organiser are entirely the Participant’s responsibility.
If cancellation is due to failure to reach the minimum number of participants, such personal expenses are not refundable or compensable. The Organiser strongly recommends that each Participant take out trip cancellation insurance covering such situations. Finally, to remain flexible, the Organiser may decide to maintain a stay with fewer Participants by proposing an adjusted formula (change in price or services); any such decision is made case-by-case, in consultation with Participants.

In accordance with Article L.211-16 of the Code du Tourisme, the Organiser is responsible for the proper performance of the agreed services, except in cases of fault by the Participant, a third party unconnected with the provision of the services, or unavoidable and extraordinary circumstances. The Organiser acts as an intermediary between the Participant and service providers (accommodation, carriers, caterers, guides, etc.), and verifies the conformity of their insurance and licences. The Participant acknowledges having been informed of the nature of the activities offered and their physical requirements, undertakes to follow safety instructions and to have adequate fitness.

The Organiser is covered by:
• LIZA Assurances for Professional Civil Liability – Tourism;
• GBC Montagne for Professional Civil Liability – Sports activities;
• and the APST financial guarantee.
Each Participant must have personal insurance covering risks related to physical outdoor activities in specific or non-specific environments (within the meaning of Article R.212-7 of the French Code du sport), as well as cancellation/assistance/repatriation/baggage cover. Complementary policies can be proposed on request; policy terms and exclusions are available on request. Activities are led by qualified, insured professionals in accordance with applicable regulations. When activities are led by Mr Nicolas Bourdier, he acts solely as an independent professional provider, covered by his own Professional Civil Liability insurance as a sports instructor (GBC Montagne). The SASU Créateur d’Motions – Exclusive Travel does not itself provide teaching or guiding services and may, where necessary, call on other qualified professionals holding equivalent licences and insurance cover.

Before registering, each Participant must ensure they have the physical and medical fitness required for the activities planned during the stay. Any pre-existing medical condition or ongoing treatment must be disclosed to the Organiser to assess compatibility with the programme. If cancellation is due to health reasons, refunds depend exclusively on the personal cancellation insurance taken out by the Participant. Note that most insurers exclude illnesses or injuries that occurred or were treated in the six (6) months preceding subscription of the policy. The Organiser cannot be held liable for inability to participate due to any undisclosed or incompatible medical condition.

The stays include outdoor physical activities, in specific or non-specific environments as defined in Article R.212-7 of the Code du sport. These activities may involve objective risks linked in particular to weather conditions, terrain, the natural environment or the Participant’s fitness. Each Participant acknowledges having been informed and accepts these risks knowingly. They undertake to comply with safety instructions given by professional leaders. The Organiser and its partners cannot be held liable for incidents, injuries or damage resulting from imprudent behaviour, failure to comply with instructions, or an unforeseeable and irresistible natural event. Participation in the activities implies full acceptance of these conditions.

Any complaint concerning the conduct of the stay must be made in writing, with supporting evidence, within 30 days after the end of the trip, to: createur.d.motions@gmail.com.
In case of disagreement, the client may refer the matter to the Médiateur du Tourisme et du Voyage (MTV) – www.mtv.travel – or any other approved mediation body.
The contract is governed by French law and any dispute falls under the jurisdiction of the French courts.

Personal data collected are used solely for registration management, group safety, and trip-related communications. They are stored securely and never shared with third parties without explicit consent. Under Regulation (EU) 2016/679 (GDPR), each Participant has rights of access, rectification and erasure by writing to createur.d.motions@gmail.com. Unless objected to in writing, certain photos from the stay may be used for non-commercial communication purposes.

Information provided to the Participant in the Pre-contractual Information Sheet complies with Directive (EU) 2015/2302 on package travel and linked travel arrangements, transposed into French law by Ordonnance n° 2017-1717 of 20 December 2017 and Décret n° 2017-1871 of 29 December 2017, in force since 1 July 2018. In French law, the applicable rules are set by the Code du Tourisme, notably Articles L.211-1 to L.211-23 and R.211-3 to R.211-11. Before any contract is concluded, the Organiser must provide all pre-contractual information listed in Article R.211-4 and must deliver the Standard European Information Form mentioned in Article R.211-6. Such information forms an integral part of the contract upon signature, unless amended by agreement under Article L.211-9. Under Article L.211-16, the Organiser or retailer is responsible for proper performance of all services included in the contract. As an organiser, the Organiser holds a financial guarantee and professional civil liability insurance meeting Article R.211-26, ensuring the traveller’s protection in case of default or contractual breach. For online sales, the Civil Code provisions on the conclusion of contracts by electronic means (Articles 1127-1 to 1127-6) apply; the Organiser complies with these rules to guarantee comprehensive information, legal security and protection under applicable legislation.

This contract is governed by French law. In case of dispute, the parties will first seek an amicable solution; failing that, disputes shall be submitted to the competent courts in accordance with applicable consumer protection rules.

Signature of the Contract of Stay constitutes full and unconditional acceptance of these GTCS, as well as of the specific conditions attached to the detailed Road Book.

This website is operated by:

• Creator D’Motions – Exclusive Travel

• Single-member simplified joint-stock company (SASU) with a share capital of €7,500

• Registered with the Chambéry Trade and Companies Register (RCS): 992 974 790

Registered office : 373 avenue des Neiges, Les Lanches A4, 73320 Tignes, France

Telephone : +33 (0)6 36 13 36 41

Email : createur.d.motions@gmail.com

Website : www.createur-d-motions.fr

Managing Director and Publisher : Nicolas Bourdier, President of the company

Creator D’Motions – Exclusive Travel is registered as a French-licensed travel operator with Atout France, the official French tourism development agency.

Registration number: IM073260002

In accordance with the French Tourism Code, the company maintains:

• a financial guarantee provided by APST (Association Professionnelle de Solidarité du Tourisme);

• mandatory Professional Liability Insurance required for French travel operators

• all professional insurance policies required for the activities offered.

Further information regarding these guarantees is available in our General Terms and Conditions of Sale.

This website is hosted by: OVH SAS, 2 rue Kellermann, 59100 Roubaix, France

Telephone: +33 (0)9 72 10 10 07

Website: www.ovh.com

All content available on this website—including text, photographs, illustrations, logos, graphics, downloadable documents, travel guides and roadbooks, visual materials and brand identity—is protected by French and international intellectual property laws.

Any reproduction, distribution, publication or use, in whole or in part, without the prior written permission of Creator D’Motions – Exclusive Travel is strictly prohibited.

The Creator D’Motions logo is protected and may not be used without prior authorization.

Creator D’Motions – Exclusive Travel makes every reasonable effort to ensure that the information published on this website is accurate and up to date. However, the company cannot be held liable for any errors, omissions or temporary unavailability of the website. The information provided is for general guidance only and may be modified at any time.

This Privacy Policy explains how Creator D’Motions – Exclusive Travel collects, processes and protects the personal data of visitors to this website and of its clients. The company is committed to complying with the General Data Protection Regulation (GDPR) and all applicable French data protection laws.

Depending on your request, we may collect:

• first and last name;

• email address;

• telephone number;

• postal address;

• information required to organize your trip;

• booking information;

• medical information strictly necessary to ensure participants’ safety during the activities provided.

Personal data is collected solely to:

• respond to enquiries;

• prepare quotations;

• arrange and manage trips;

• ensure participants’ safety;

• provide information relating to booked travel services;

• comply with applicable legal and regulatory obligations governing travel operators.

Personal data is retained only for the period necessary to fulfil the purposes for which it was collected and to comply with applicable legal, accounting and administrative obligations.

Personal data is never sold or shared for commercial purposes. Where necessary for the performance of the travel contract, it may be shared exclusively with service providers directly involved in the organisation of your trip, including:

• accommodation providers;

• transport providers;

• mountain guides;

• instructors;

• activity providers;

• insurance partners.

Creator D’Motions – Exclusive Travel implements appropriate technical and organizational measures to protect personal data against loss, unauthorised access, disclosure or misuse.

In accordance with the GDPR, you have the right to:

• access your personal data;

• request correction of inaccurate information;

• request deletion of your personal data;

• restrict processing;

• object to processing;

• request data portability where applicable.

Any request may be sent to: createur.d.motions@gmail.com

If you believe that your personal data has not been processed in accordance with applicable regulations, you may lodge a complaint with the French Data Protection Authority (CNIL): www.cnil.fr

These Terms of Use govern access to and use of the Creator D’Motions – Exclusive Travel website. By accessing this website, you agree to be bound by these Terms of Use.

The website is freely accessible to anyone with an internet connection. Although every effort is made to ensure continuous availability, Creator D’Motions – Exclusive Travel cannot guarantee uninterrupted access. Temporary interruptions may occur for maintenance or technical reasons.

All content available on this website—including text, photographs, logos, graphics, downloadable documents and visual materials—remains the exclusive property of Creator D’Motions – Exclusive Travel or their respective authors. Any unauthorised reproduction or use is strictly prohibited.

Users are solely responsible for how their use of the information available on this website. Creator D’Motions – Exclusive Travel shall not be liable for any direct or indirect damage arising from the use of the website or from temporary inability to access it.

This website may contain links to third-party websites. Creator D’Motions – Exclusive Travel has no control over these external websites and accepts no responsibility for their content or privacy practices.

These Terms of Use are governed by French law. Any dispute relating to their interpretation or enforcement shall fall within the jurisdiction of the competent French courts.