Booking Terms and Conditions

UNDISCOVERED MOUNTAINS FRANCE – BOOKING TERMS and CONDITIONS

These Booking Terms and Conditions are a non official translation from French Terms and conditions displayed on the Site. In the event of any discrepancy between the English Booking Terms and Conditions and the French Terms and Conditions, the latter shall prevail

1. Definitions:

"UMF" or "We" means UNDISCOVERED MOUNTAINS FRANCE, a limited liability company with a share capital of 5. 000 euros, whose registered office is located at Quartier l'Oratoire, JARJAYES (05130), France, registered with the RCS of GAP (05000), France, under the identification number 853 529 493, SIRET number 85352949300019, VAT number FR48853529493 and ATOUT France tourism licence number IM00520005, duly represented by its legal representative in office; guarantor and insurer : Liberty Mutual Insurance Europe SE, whose registered office is located at 5- Rue Leon Laval, L-332, LeudelanJe, Luxembourg.

"You" or "the Client": means the co-contractor of UMF under the terms of the Contract.

"BTC" refers to the booking terms and conditions. 

"Booking Request" refers to the Booking Request made by the Client on the Site with a view to concluding the Holiday Contract.

"Booking Confirmation" means the written notification sent by UMF to the Client by email confirming the Booking of the Holiday Contract which was the subject of the relevant Booking Request.

"Departure" or "departure date" means the date of the commencement of the Holiday Package, activity or service stated on the Booking Confirmation email.

"Booking" means the reservation by the Client of one or more travel services offered for sale by UMF within the meaning of Article L.211-2, I of the Tourism Code.

"Holiday Contract" refers to the contract concluded between You and UMF concerning the purchase of a Holiday Package within the meaning of Article L.211-2 of the French Tourism Code.

As an exception to the above, a Holiday Contract may relate to the purchase of a combination of a single travel service with a tourist service only if (i) the value of the tourist service represents a significant part of the total amount of the package (i.e. a minimum of 25% of the price); or (ii) the tourist service is advertised to the Clientas being an essential feature of the package or constitutes such an essential feature; or (iii) the tourist service has been chosen and purchased prior to the execution of the travel service with which it is combined.

"Holiday Package" means the combination of at least two different travel services for the purposes of the same stay or trip exceeding 24 hours or including an overnight stay, and including either accommodation, transport or motor vehicle hire. It is specified that, in general, the Tourist Packages offered for sale by UMF include accommodation and / or transport and/or a leisure activity and/or equipment rental or any combinaion of these.

"Gift Card" refers to the non-nominative and non-refundable gift cards issued by UMF, usable only once by the end user, via the integration of a unique code into each Gift Card, it being specified that the debt formalised in the Gift Card is not guaranteed vis-à-vis the Customer by any legal provision (and in particular by any financial guarantee) or contractual provision other than the applicable legal provisions.

Credit Note” refers to a credit issued to the Client in the event of a cancelled holiday in lieu of a refund. This allows the customer to book a holiday for a later date offered by the travel agent or tour operator. This applies where the original holiday has been cancelled by the traveller or organiser due to the Covid-19 pandemic and meets the definition of ‘package’ 

2. General provisions :

Your Holiday Contract is concluded with UMF, and UMF only.

Each Booking and each Holiday Contract is subject without limitation or qualification to the BTC as they stand at the date of the Booking Confirmation or Holiday Contract in question.

No modification of the BTC will be effective unless such modification is made in writing by UMF.

3. Your Holiday Contract

Day trips and excursions organised by Us on your behalf and paid directly to the supplier at the resort are expressly excluded from the Holiday Contract. 

Each Holiday Contract must be linked to a specific natural or legal person, the "Lead Name” or “Client", who is UMF's sole co-contractor under the terms of the Holiday Contract, regardless of whether the Booking is made for one or more people.

When making the Booking, the Client agrees to the BTC in the name and on behalf of the other people in the group.

If the Booking is made by the Client for a group of people, the Client must :

- Inform UMF of the full civil status of each of the persons on whose behalf he/she is committing him/herself;

- Declare and guarantee to UMF that he/she has full authority to sign the Holiday Contract and to undertake and pay for it in his/her own name and in the name and on behalf of each person in the group; 

- Undertake to pay the deposit stipulated in the Holiday Contract, as well as the total price of the HolidayContract, plus any additional costs relating to the addition of persons to the initial group for whom UMF has issued a confirmation invoice;

- Guarantee to UMF, without limitation or reservation, that each person in the group will comply with the legal provisions applicable to the Holiday Contract and its performance, as well as with all the applicable provisions of the Holiday Contract and the GTC.

The Client undertakes to inform UMF in writing, within a reasonable period of time before the conclusion of the Holiday Contract, of any essential element of his choice relating to the Contract that has not already been formalised in the Booking, and in particular of any secondary particularities of the Holiday Contract that the Client wishes to conclude. Failing this, UMF may not be held liable to the Client for any alleged non-performance or breach in relation to these essential elements or secondary particularities of the Holiday Contract.

Conclusion of the Holiday Contract / Booking Process

a) Prior to making a Booking Request / Getting a quote: 

The information that is requested with a view to concluding the Holiday Contract, the Holiday Contract itself, or the information that is sent during its execution is sent by e-mail to the Client, who expressly accepts the use of this means, in application of the provisions of article 1369-2 of the French Civil Code.

Prior to his/her Booking Request, the Client confirms that he has had the opportunity to check the details of his order and its total price, and to correct any errors, and thereby expresses his acceptance without limitation or reservation to the conclusion of the Holiday Contract.

b) Booking Request:

The Client sends the Booking Request to UMF after having read and accepted these BTCs via the procedure formalised on the Site.

c) Payment of the security deposit :

The Client is informed that the payment of the security deposit is required at the same time as the BookingRequest, so that the debit of the amount corresponding to the security deposit does not constitute acceptance of the Booking by UMF. 

The deposit paid in respect of each Holiday Contract constitutes a deposit on the price, which is retained by UMF unless otherwise agreed.

In accordance with Article R.211-8 of the French Tourism Code, the deposit may not exceed 70% of the total price of the Holiday Contract.

It is specified that the deposit is calculated as follows:

Contract for less than 15 people: 25% of the total price of the stay;

Contract for a stay involving 15 people or more: 25% of the total price of the stay per Client in the group payable at the same time as the Booking; and 15% of the total price of the stay per Client in the group payable after 8 weeks following the date of the Booking Confirmation.

In view of material availability, and given that the computer systems used by the Client and UMF may not reflect in real time the exact filling of each travel service offered for sale under the terms of the Holiday Contract, the Client is hereby informed that UMF may have to refuse a Booking.

In this case, the Customer will be notified in writing by UMF as soon as possible, and the deposit paid by the Customer will be refunded in full as soon as possible.

d) Confirmation of Booking:

If the Booking is accepted by UMF, the Booking Confirmation will be sent to the Client by email in principle within 2 weeks of the date of receipt by UMF of the Booking Request.

The Client is hereby informed that UMF has the possibility of proposing an alternative offer of a Holiday Contract after the date of the Booking Request, which the Client is free to accept or not, by sending an e-mail to UMF to this effect.

If the Client accepts the alternative offer, then this alternative offer will be deemed to replace the initial BookingRequest.

If the Client refuses the alternative offer, UMF will be entitled to refuse the Booking Request. In this case, the Client will be notified in writing by UMF as soon as possible, and the full refund of the deposit paid by the Client will be made as soon as possible

On receipt of the Booking Confirmation, the Client must again check the details of his/her order and the total price, and ensure that there are no errors. If the Client fails to notify UMF of any discrepancy with regard to the above within three (3) working days following the date of receipt of the Booking Confirmation, the Client is deemed to accept the terms of the Booking Confirmation without limitation or reservation.

In this respect, the Client undertakes to acknowledge receipt of the Booking Confirmation to UMF without delay by return e-mail, to check that the Booking Confirmation is not in the "spam" folder in his e-mail box, to contact UMF directly if necessary, and if the Client has not received the Booking Confirmation within 2 weeks of the date on which UMF received the Booking Request, to acknowledge receipt by the sixteenth calendar day following the date of the Booking Request.

Unless otherwise provided by law, the Holiday Contract is deemed to have been formed between the Client and UMF upon receipt by the Client of the Booking Confirmation.

Insurance :

The Client declares and guarantees to UMF that, on the date of the Booking Request and at any time during the performance of the Holiday Contract, he/she has insurance cover appropriate to the performance of the Holiday Contract, covering at least the journeys made and the activities carried out.

The Client is hereby informed that if he does not have, and is unable to prove to UMF at any time, the existence of this insurance cover, UMF will be entitled to unilaterally terminate the Holiday Contract to the exclusive detriment of the Client.

For the avoidance of doubt, this clause applies to the Client in his own name, and also for all persons in whose name and on whose behalf he concludes the Booking and the Holiday Contract with UMF.

Except in the case of mandatory legal provisions, the Client waives all claims against UMF in the event of injury, death, illness, loss of luggage or personal effects during the performance of the Holiday Contract.

UMF recommends the Client to subscribe to a European Health Insurance Card in order to facilitate the process of coverage in case of injury or illness during the stay.

Administrative status :

The Client's declarations and guarantees under the Booking Conditions are deemed to have been made on the date of the Booking Request, and are deemed to be reiterated at any time up to the date of commencement of the holiday, as well as during the period of execution of the Holiday Contract.

For the avoidance of doubt, the duration of performance of the Holiday Contract corresponds to the period of time elapsing between the date of conclusion of the Travel Agreement (date of receipt of the BookingConfirmation) and the date of expiry of the Holiday Contract, for whatever reason (date of completion of the tourist services provided to the Client by virtue of the Holiday Contract, cancellation, resolution, or any other legal reason for termination of the Holiday Contract).

The Client is informed that participation in certain activities offered for sale by UMF under the terms of the Holiday Contract requires the Client to be in good physical condition and have appropriate technical skills.

In the event that the Client's state of health or disability is reasonably likely to prevent him/her from performing (or to restrict his/her ability to perform) the Holiday Contract, the Client shall inform UMF in writing. In the event that UMF is not informed, and subject to the applicable mandatory legal provisions, UMF may not be held liable for any damage suffered or costs incurred by the Client as a result of his situation preventing him from performing (or restricting his ability to perform) the Holiday Contract.

The Client declares and guarantees to UMF that he/she is in a legal situation with regard to his/her state of residence, that his/her official documents are up to date and valid and will remain so for the entire duration of the Holiday Contract. In particular, the Client is solely responsible for carrying out in a timely manner the formalities required to obtain the administrative authorisations necessary for the execution of the Holiday Contract, including obtaining tourist visas for example.

The Client expressly waives, to the extent permitted by law, the right to hold UMF liable in the event that the Client fails to obtain the above-mentioned administrative authorisations, or in the event that the Client is refused entry to the territory concerned, including for health reasons.

Unaccompanied minors : 

In the event that a Holiday Contract concerns one or more unaccompanied minors, the Client must inform UMF in advance of the name and address of a person legally responsible for the unaccompanied minor(s) present at the destination.

The legal guardians will be fully responsible for the acts committed by their minor children during the execution of the Holiday Contract. It is the responsibility of the legal guardians who do not take part with their minor children in the Holiday Contract to designate, before departure and to notify UMF of this, the adults in charge of supervising and controlling their minor children, who will be jointly responsible to UMF for the acts of the minor children committed during the Holiday Contract.

4. Price / Payment

The price of the holiday as published on the UMF website may be revised upwards or downwards at any time before the date of the Booking Request

The price of the holiday must be paid in full by the Client to UMF at the latest 6 weeks before the departure date as indicated on the Booking Confirmation. If this is not done, the Holiday Contract will be deemed to have been cancelled by the Client, so that UMF will retain the amount of the deposit, and will apply the terms of article 5 below for the determination of the cancellation fees.

If the Booking is made less than 6 weeks before the departure date, the price of the holiday must be paid in full by the Client on the date of the Booking Request.

Payment is made by bank transfer or by credit card by electronic means. The Client alone is responsible for any bank charges applicable to the payment. If payment is made by bank card, any refund will only be made by bank transfer to the account associated with the bank card used for payment.

Revision of the price of the Holiday Contract :

The price of the holiday may be revised by UMF provided that the Client is notified at least 20 days before departure. The price may be revised upwards or downwards.

Notwithstanding the foregoing, the price of the holiday may only be revised with regard to variations in the cost of transport linked to changes in fuel prices, airport, port and tourist taxes, and exchange rates in relation to the Holiday Contract.

The upward revision of the price of the holiday may not exceed 8% of the total price of the Holiday Contract. Beyond the 8%, the Client has the choice of either (i) accepting the change in the price of the holiday without limitation or reservation or (ii) cancelling the Holiday Contract without charge. The Client must notify UMF of his choice within 14 days of the date of the final invoice.

Changes to the Holiday Package requested by the Client: 

No later than 6 weeks before the departure date, the Client may request UMF in writing to modify the components of the Holiday Package sold under the terms of the Holiday Contract.

UMF reserves the right to accept or refuse requests from the Client to modify the components of the HolidayPackage sold under the terms of the Travel Agreement, particularly for logistical, operational, contractual or other reasons.

In the event of acceptance by UMF, the Client will be liable for any additional costs applicable to the modifications to the Holiday Package in addition to a fixed fee of 40 euros per person per Booking corresponding to the costs of processing the request.

Any request by the Client to modify the components of the Holiday Package sold under the terms of the Holiday Contract less than 6 weeks before the departure date will be treated as a request by the Client to cancel the  Holiday Contract, so that the terms of Article 5 below will apply.

Changes to the Holiday Package by UMF : 

UMF may unilaterally modify an element of the Holiday Packag if this modification is minor (e.g. change of hotel of equivalent category in the same geographical area, change of activity to a similar or higher standard, change in the schedule of activities and/or other elements of the itinerary), without the Client being able to claim a reduction in price as a result.

In the event of any modification other than a minor one to the Holiday Package, UMF will inform the Client, and the Client may (i) accept or reject the modification as it stands, (ii) request substitute services under the Holiday Package equivalent to those in the Holiday Package prior to the modification, insofar as these substitute services are available (UMF will reimburse any difference in value if the substitute services are of lesser value than the initial services; the Client will bear the cost of the difference in value if the substitute services are of a higher value than the initial services), (iii) cancel the holiday and receive a full refund of the sums paid.

Changes to the Holiday Package during the holiday:

The Client is informed that during the holiday covered by the Holiday Contract, due to an insufficient number of participants, maintenance operations or imperative logistical reasons, for reasons aimed at ensuring the health and safety of people and equipment, or due to inappropriate weather conditions, certain activities will have to be modified in whole or in part, or even cancelled.

“Inappropriate weather conditions" are situations where the weather conditions make the activity in question dangerous or even impossible, after consulting the service providers and professionals supervising the activity (if any) (e.g. strong winds, high water levels in rivers, etc.). 

The Client is informed that UMF is entitled to cancel or modify certain activities during the holiday if the Client acts in a dangerous or irresponsible manner for people and/or property, or if the Client does not have the minimum physical and technical capacities to carry out the activity, which could cause a risk for the Client himself or the other members of the group. In this case, UMF will not be liable for any refund or compensation of any kind, including claims for reimbursement of costs incurred by the Client as a result of the cancellation or modification of the activities, which the Client expressly acknowledges and accepts.

The Client is informed that smoking is prohibited on board any UMF vehicle. If the Client fails to comply with this ban, UMF may terminate the Holiday Contract of the defaulting Client.

The Client is hereby informed that the tickets or vouchers issued in the context of the Holiday Package are subject to the general terms and conditions of sale of the issuers of said tickets or vouchers. UMF cannot guarantee the punctuality of scheduled departures.

The Client is hereby informed that if he causes damage in the course of his performance of the Holiday Contract, he may be held liable by any third party, including the supplier of the activity or the host, and that it is his responsibility to reimburse the third party who has suffered the damage up to the amount of the loss suffered. The Client is informed that UMF also reserves the right in this case to seek the Client’s liability either directly or by way of recourse. The Client undertakes to behave in a lawful, respectful and reasonable manner at all times during the performance of the Holiday Contract, and refrains from any behaviour, action or omission likely to disrupt or cause damage to third parties (including in particular UMF's co-contractors in the context of the Holiday Contract, or to UMF's reputation). 

The Client is informed of the fact that some accommodation places require a contractual deposit payable on arrival at the premises, which is returnable to the Client in accordance with the general terms and conditions of sale of the operator of the accommodation place in question.

With regard to winter sports and snow, UMF does not guarantee the existence of sufficient snow cover. In the event of insufficient snow cover, UMF will do its utmost to offer alternative activities to the Client, at the additional expense (if any) of the Client. UMF will not be liable for any reimbursement or compensation of any kind, including claims for reimbursement of costs incurred by the Client as a result of insufficient snow cover or the total or partial inactivity of equipment in winter sports resorts, which the Client expressly acknowledges and accepts. UMF advises the Client to take out specific insurance cover adapted to the practice of winter sports by the Client.

The Client is informed that the nature of alternative activities is also subject to the availability of such activities, operational constraints or the number of participants. In the event of an insufficient number of participants, the Client will have the option of either (i) participating in the activity initially planned, and assuming the applicable additional costs resulting from the insufficient number of participants, or (ii) agreeing to participate in a substitute activity adapted to the number of participants but different from the activity initially booked. In the event that no alternative solution can be proposed, UMF will refund the Customer an amount equal to the price of the cancelled activity. UMF will not be liable for any other refund or compensation of any kind, including claims for reimbursement of costs incurred by the Customer, which the Customer expressly acknowledges and accepts.

In the event of changes to the routes and itineraries and unless otherwise provided for in the terms of these Conditions in the case of major changes, UMF shall not be liable for any refund or compensation of any kind, including claims for reimbursement of costs incurred by the Customer, which the Customer expressly acknowledges and accepts.

Any additional costs or services not included in the Holiday Contract incurred during the performance of the Holiday Contract due to unforeseeable circumstances such as, without limitation, weather conditions (e.g. additional nights, taxi journeys, additional tourist packages) are, and remain, the sole responsibility of the Client, who will pay for them to the service provider concerned.

5. Cancellations :

Cancellation of a holiday by UMF:

Up to 6 weeks before the departure date of the holiday, UMF may cancel a holiday if, for safety reasons, a case of force majeure within the meaning of Article 1218 of the Civil Code, or in the event of the occurrence of a situation that was not foreseen at the date of the Booking, UMF considers that maintaining the holiday as it is would be detrimental to the Client.

It is specified that force majeure will be qualified in accordance with Article 1218 of the Civil Code. Cases of force majeure within the meaning of the present document will necessarily include acts of war, riots, strikes, industrial disputes, terrorist activity or risk, natural or nuclear disasters, fires, particularly severe weather conditions, insufficient snow cover, water levels in rivers, epidemics and pandemics, unavoidable technical and mechanical problems linked to transport conditions and other unforeseeable and irresistible events outside UMF's control.

Wherever possible, UMF will offer the Client a substitute holiday similar to the one initially booked, or will offer the Client the possibility of postponing the holiday initially booked. The Client may also opt for UMF to issue a credit note of a value equivalent to the price of the cancelled holiday and with legal financial guarantees in the event of UMF's default. If the value of the substitute holiday is less than the value of the holiday initially booked, UMF will refund the difference to the Client. If the Client accepts a substitute holiday whose value is higher than the value of the holiday initially booked, the Client will have to pay the difference in price. It is specified that UMF will not bear the costs paid or due to insurance companies, airlines, car rental companies or other third parties linked to the execution of the Holiday Contract but whose services are not included in the Holiday Package sold under the Holiday Contract. If UMF has no other option, the Client will be reimbursed in full for the costs paid to UMF, after charging the costs that UMF cannot recover.

As an exception to the first paragraph, UMF may cancel a holiday less than 6 weeks before the departure date of the holiday if the Client has not paid the balance of the holiday price in full in accordance with the terms of this contract.

As an exception to the first paragraph, UMF may cancel a holiday due to a lack of participants, subject to the following conditions: 

- Up to 20 days before departure if the stay is longer than 6 days;

- 7 days before departure if the duration of the stay is between 2 and 6 days;

- 48 hours before departure if the duration of the stay is less than 2 days.

Cancellation of the Booking by the Client:

In the event of cancellation of the Booking by the Client, the applicable cancellation fees to be paid by the Client to UMF will be as follows, depending on the date on which written notice of cancellation is sent by the Client to UMF:

Number of days before departure Cancellation fee (percentge of total Holiday Package price)

More than 42 days: Deposit

From 42 to 29 days: 45 percent

From 28 to 15 days: 60 percent

From 14 to 8 days: 80 percent

7 days or less: 100 percent

During the execution of the Holiday Package, the Client does not have the possibility to modify the elements of the Holiday Package (itineraries, activities, etc.). If the Client wishes to cancel an activity, no refund or compensation will be payable by UMF. Unless otherwise agreed between the organiser or the service provider concerned and the Client, if the Client does not show up for an activity, or shows up more than 10 minutes late, the Client will be considered to have cancelled the activity in question.

Note: If the circumstances or causes of cancellation are covered by the terms of your insurance policy, and subject to those terms you may be entitled to claim the cancellation fee from your insurance company. 

In the event of the occurrence of exceptional and unavoidable circumstances occurring in the immediate vicinity of the place of Holiday Package having significant consequences on the execution of the Holiday Contract or on the transport of the customer to the place of his destination, the Customer has the option of canceling the Holiday Contract free of charge before the departure  date of the Holiday Package.

Notwithstanding the foregoing, the Client expressly acknowledges and accepts that the Covid-19 pandemic, as well as any event directly or indirectly related to this pandemic, cannot in any way be qualified as an exceptional and unavoidable circumstance within the meaning of these BTCs.

COVID-19 - specific terms

As an exception to the foregoing, the terms of this sub-section apply only to Reservations made after 1 November 2021, for an indefinite period and may cease to apply at any time at UMF's discretion.

The Customer represents and warrants, on his/her own behalf, and where applicable on behalf of the persons for whom he/she is making the Booking, that he/she is not infected, or likely to be infected, with the Covid-19 virus on the day of departure, and that he/she has taken all the necessary and useful measures to ensure this, if necessary by carrying out appropriate tests within an appropriate timeframe allowing the results of the tests to be obtained.

The Client may request the application of this sub-section, and in this respect the modification or cancellation of the Holiday Contract only in the event that (i) he/she is infected with the Covid-19 virus, or (ii) by application of the imperative legal provisions in force as modified over time, the Client is forced into isolation or otherwise has his freedom of movement restricted in whole or in part, and in all cases (iii) as a result of the situation described in (i) or (ii) above, the Client is prevented from being present on the day of departure of the holiday.

In this situation, the Client must notify UMF of the situation in writing as soon as possible and provide any supporting evidence that may be useful for UMF to assess the Client's request. Then, at the Client's discretion, the Holiday Contract may be modified or terminated as follows:

a) Up to 42 days before departure

Modification of the Holiday Contract :

The Client may change the names of the persons concerned by the Booking, or the departure date of the holiday.

UMF will not charge any modification fees; if the price of the holiday as modified is different from the initial price, and/or if UMF incurs irrecoverable costs due to the modifications, the Client will bear all the additional costs or UMF will reimburse the Client for the difference, as the case may be.

Cancellation of the Holiday Contract :

The Client may cancel the holiday. In this case, the Client will receive a gift card with a value equal to 100% of the sums paid for the holiday cancelled by the Client, after deduction of the unrecoverable costs incurred by UMF as a result of the cancellation of the holiday. 

The gift card will be valid for a maximum of 1 year from the date of issue by UMF, for a stay that must take place within 2 years of the date of issue of the gift card.

b) 42 days or less before departure :

Modification of the Holiday Contract :

The Client may change the names of the persons concerned by the Booking, or the departure date of the holiday.

UMF will not charge any modification fees; if the price of the holiday as modified is different from the initial price, and/or if UMF incurs unrecoverable costs as a result of the modifications, the Client will bear the full additional costs or UMF will reimburse the Client for the difference, as the case may be.

The Client is informed that as most of UMF's suppliers are likely to apply higher cancellation charges in view of the proximity of the departure date, the irrecoverable costs that UMF will have to charge to the Customer are likely to be higher than those that would have been charged if the cancellation had been notified more than 42 days before the departure date.

The Client is informed that keeping the composition of the group concerned by the Booking unchanged, as well as the destination or itinerary unchanged, is likely to contribute to keeping these irrecoverable costs comparatively lower than if the composition of the group concerned by the Booking or the destination or itinerary were to be changed.

Cancellation of the Holiday Contract :

The Client may cancel the holiday. In this case, UMF will reimburse the Client 100% of the sums paid by the Client, less 50% of the deposit amount, which will remain with UMF, and the Client will bear all the irrecoverable costs incurred by UMF as a result of the cancellation.

6. Insolvency protection:

By application of EU Directive 2015/2032 transposed into national law, if UMF becomes insolvent, the amounts paid by the Client to UMF under the Holiday Contract will be reimbursed. If UMF becomes insolvent after the departure date of the Holiday Package and if transport is included in the Holiday Contract, the repatriation of travellers is guaranteed.

UMF has taken out insolvency protection with International Passenger Protection, underwritten by certain underwriters at Liberty Mutual Insurance. Please look at our 100% secure page for more details and contact information and procedures

7. Complaints:

Unless UMF is notified in writing within 24 hours, UMF shall not be held responsible by the Client for any alleged non-conformity of a service under the terms of the Holiday Contract during the performance of the latter.

In this case, if UMF offers the Client substitute services comparable to those of the Contract or an appropriate price reduction, the Client may not refuse these substitute services or this price reduction. 

If the complaint is not resolved by mutual agreement between the Client and UMF, the Client must notify UMF in writing, at the latest on the 28th day following the date of termination of the Holiday Contract, giving all relevant information, failing which UMF will reject the complaint.

8. Gift Cards

UMF offers Gift Cards for sale on its website

Unless otherwise stated, these Gift Cards are valid for a period of one year from the date of issue, for holidaystaking place within two years from the date of issue. They can also be used to buy souvenirs offered for sale by UMF.

The end user may either (i) enter the unique identification code of the Gift Card in the corresponding field, for payment of the desired service; or (ii) send a copy of the Gift Card by email to UMF, which constitutes an irrevocable instruction for UMF to proceed with the use of the Gift Card for the payment of the desired service or product. After use, the value of the Gift Card will be deducted from the price of the holiday or product chosen by the Client.

9. Transfer of the Holiday Contract :

Under the conditions of article R211-7 of the French Tourism Code, and on condition that UMF is informed of the decision to transfer the contract no later than 7 days before the start of the holiday, the Client has the right to transfer his rights and obligations under the Holiday Contract to another Client, in return for the application by UMF of a reasonable and real fee, the amount of which will be communicated to the Client after the notification of the transfer of the contract, it being specified that the transferring Client and the transferee Client will be held jointly and severally liable to UMF. These costs are subject to change depending on the date of transfer in relation to the departure date stipulated in the Holiday Contract. 

10. Resolution of disputes : 

The Holiday Contract, the Booking, the Holiday Package and the BTC are executed and interpreted in accordance with French law, to the exclusion of any other rule of private international law.

In the event of a dispute as to the performance or non-performance of the contractual obligations of the client and/or UMF, the most diligent party will notify the other party in writing, who will have a period of 30 working days to respond to the notification.

After this period and if no satisfactory response is received, the Customer may refer the matter to the Tourism and Travel Ombudsman, whose contact details are available at the following address: http://www.mtv.travel/je-saisis-le-mediateur/.

In the event of failure of the prior amicable procedure, the most diligent party may refer the matter to the competent court with a view to having the dispute settled.

11. Legal Assistance

If a Client dies, becomes ill or is injured as a result of an unintentional accident, while abroad, in the course of activities not included in the Holiday Contract, UMF may, at its discretion, provide advice, guidance and assistance to the Client in any claim that the Client may make against a third party. 

To do so, UMF must be informed in writing at its registered office address no later than 28 days after the accident in question occurred, and UMF reserves the right to claim reimbursement from the Client of the benefits paid to the Client in connection with this action.

12. Website

As far as possible, UMF will ensure that the information published on its website is correct and accurate.

The photographs and visuals are non-contractual and for information purposes only.

Maps, piste plans and routes are given for information purposes only. For example, as regards ski lifts, UMF does not guarantee the Client that all the ski lifts shown will be in operation during the Holiday Contract, insofar as it is up to the operator of the ski area concerned to take measures to close them, particularly for health and safety reasons.

13. UMF's sub-contractors

The Client is informed that the services sold under the terms of the Holiday Contract by UMF are provided by third parties who have entrusted the marketing of the services to UMF.

Consequently, the Client is informed that the general terms and conditions of sale of these third parties will also apply to the performance of the Holiday Contract. The general terms and conditions of sale of third parties will be available to the Client on the UMF website and/or on the documentation for the service in question.

14. Data protection

UMF has put in place measures to secure the personal booking information that UMF collects. This information is transmitted, for the sole purpose of fulfilling your Booking, to the relevant travel or tourism service providers. This information may also be passed on to administrative authorities such as customs, immigration or border control, if requested by these authorities or by law. All or part of this information may also be transmitted to banking or similar institutions. UMF will only pass on Clients' personal information to the persons responsible for the travel or tourism services purchased or booked by the Client.

This article applies to all personal information, including information relating to disabilities or religious or medical dietary requirements. If We are unable to transmit all or part of this information to the suppliers concerned, UMF may be unable to provide the Booking. By accepting the Booking, the Client expressly consents to personal information about him/her (and, where applicable, personal information about the persons in whose name and on whose behalf he/she accepts the Booking and/or enters into the Holiday Contract) being passed on in whole or in part to the persons concerned. We refer you to our personal data management policy for more information on how we manage and use this personal data.

Reproduction of the compulsory mentions of the Tourism Code in force on 19 November 2020 (art. R211-12, Tourism Code) :

In the event that any of the provisions of the general terms and conditions contravene the mandatory provisions of the Tourism Code cited below, the provisions of the general terms and conditions shall be deemed automatically amended and replaced by the corresponding provisions.

-Article R211-3

Modified by Decree n°2009-1650 of 23 December 2009 - art. 1

Subject to the exclusions provided for in the third and fourth paragraphs of Article L. 211-7, any offer and sale of travel or holiday services must be accompanied by appropriate documents that comply with the rules defined by this section.

In the case of the sale of air tickets or tickets for scheduled air services not accompanied by services related to such transport, the seller shall issue the purchaser with one or more tickets for the entire journey, issued by the carrier or under its responsibility. In the case of transport on demand, the name and address of the carrier on whose behalf the tickets are issued must be given.

Separate invoicing of the various elements of a tourist package shall not relieve the vendor of his obligations under the regulatory provisions of this Section.

-Article R211-3-1

Created by Decree no. 2009-1650 of 23 December 2009 - art. 1

The exchange of pre-contractual information or the provision of contractual terms and conditions shall be made in writing. They may be made by electronic means under the conditions of validity and exercise provided for in Articles 1369-1 to 1369-11 of the Civil Code. The name or company name and address of the seller as well as an indication of its registration in the register provided for in Article L. 141-3 or, where applicable, the name, address and indication of the registration of the federation or union mentioned in the second paragraph of Article R. 211-2 shall be mentioned.

-Article R211-4

Creation Decree n°2009-1650 of 23 December 2009 - art. 1

Prior to the conclusion of the contract, the seller must provide the consumer with information on the prices, dates and other elements of the services provided in connection with the journey or stay, such as

1° The destination, means, characteristics and categories of transport used;

2° The type of accommodation, its location, its level of comfort and its main characteristics, its certification and its tourist classification in accordance with the regulations or customs of the host country;

3° The catering services offered;

4° The description of the itinerary when it is a tour;

5° The administrative and health formalities to be completed by nationals or by citizens of another Member State of the European Union or of a State party to the Agreement on the European Economic Area in the event, in particular, of border crossings, as well as the time limits for completion;

6° The visits, excursions and other services included in the package or possibly available at an additional cost;

7° The minimum or maximum size of the group enabling the journey or stay to be undertaken and, if the journey or stay is subject to a minimum number of participants, the deadline for informing the consumer in the event of cancellation of the journey or stay; this date may not be less than twenty-one days before departure;

8° The amount or percentage of the price to be paid as a deposit on conclusion of the contract and the schedule for payment of the balance;

9° The terms and conditions for price revision as provided for in the contract in application of Article R. 211-8;

10° The contractual cancellation conditions;

11° The cancellation conditions defined in Articles R. 211-9, R. 211-10 and R. 211-11;

12° Information concerning the optional subscription of an insurance contract covering the consequences of certain cases of cancellation or an assistance contract covering certain specific risks, in particular the cost of repatriation in the event of accident or illness;

13° Where the contract includes air transport services, the information, for each flight section, provided for in Articles R. 211-15 to R. 211-18.

-Article R211-5

Amended by Decree n°2009-1650 of 23 December 2009 - art. 1

The prior information given to the consumer is binding on the seller, unless the seller has expressly reserved the right to modify certain elements in the information. In this case, the seller must clearly indicate the extent to which this modification may be made and on which elements.

In any event, changes to the prior information must be communicated to the consumer before the contract is concluded.

-Article R211-6

Modified by Decree n°2009-1650 of 23 December 2009 - art. 1

The contract concluded between the seller and the buyer must be in writing, drawn up in duplicate, one of which is given to the buyer, and signed by both parties. When the contract is concluded by electronic means, Articles 1369-1 to 1369-11 of the Civil Code shall apply. The contract must include the following clauses:

1° The name and address of the seller, his guarantor and his insurer as well as the name and address of the organiser;

2° The destination or destinations of the journey and, in the case of a split holiday, the different periods and their dates;

3° The means, characteristics and categories of transport used, the dates and places of departure and return;

4° The type of accommodation, its location, its level of comfort and its main characteristics and its tourist classification according to the regulations or customs of the host country;

5° The catering services offered;

6° The itinerary when it is a tour;

7° The visits, excursions or other services included in the total price of the journey or stay;

8° The total price of the services invoiced as well as an indication of any revision of this invoicing by virtue of the provisions of Article R. 211-8;

9° The indication, where applicable, of fees or taxes relating to certain services such as landing, disembarkation or embarkation taxes in ports and airports, and tourist taxes when they are not included in the price of the service or services provided;

10° The timetable and terms of payment of the price; the last payment made by the purchaser may not be less than 30% of the price of the journey or stay and must be made when the documents enabling the journey or stay to be made are handed over;

11° The special conditions requested by the purchaser and accepted by the vendor;

12° The terms and conditions under which the purchaser may submit a complaint to the vendor for non-performance or poor performance of the contract, a complaint which must be sent as soon as possible, by any means that allows an acknowledgement of receipt to be obtained by the vendor, and, where appropriate, notified in writing to the travel organiser and the service provider concerned;

13° The deadline for informing the purchaser in the event of cancellation of the trip or holiday by the vendor in the event that the trip or holiday is linked to a minimum number of participants, in accordance with the provisions of 7° of Article R. 211-4;

14° The contractual cancellation conditions;

15° The cancellation conditions provided for in Articles R. 211-9, R. 211-10 and R. 211-11;

16° Details of the risks covered and the amount of guarantees under the insurance contract covering the consequences of the seller's professional civil liability;

17° Information concerning the insurance contract covering the consequences of certain cases of cancellation taken out by the purchaser (policy number and name of the insurer) as well as those concerning the assistance contract covering certain specific risks, in particular repatriation costs in the event of accident or illness; in this case, the vendor must provide the purchaser with a document specifying at least the risks covered and the risks excluded;

18° The deadline for informing the seller in the event of transfer of the contract by the buyer;

19° An undertaking to provide the buyer, at least ten days before the planned date of departure, with the following information

a) The name, address and telephone number of the seller's local representative or, failing that, the names, addresses and telephone numbers of local organisations likely to help the consumer in the event of difficulty or, failing that, the telephone number for urgent contact with the seller;

b) For trips and holidays for minors abroad, a telephone number and an address enabling direct contact to be made with the child or the person responsible for the holiday on the spot;

20° The cancellation and refund clause, without penalties, of sums paid by the purchaser in the event of non-compliance with the obligation to provide the information set out in 13° of Article R. 211-4;

21° The commitment to provide the purchaser, in good time before the start of the journey or stay, with the departure and arrival times.

- Article R211-7

Modified by Decree n°2009-1650 of 23 December 2009 - art. 1

The purchaser may assign his contract to a transferee who meets the same conditions as he does for the journey or stay, as long as this contract has not produced any effect.

Unless otherwise stipulated, the assignor must inform the seller of his decision by any means that allows an acknowledgement of receipt to be obtained no later than seven days before the start of the trip. In the case of a cruise, this period is extended to fifteen days. This transfer is not subject, under any circumstances, to prior authorisation by the seller.

-Article R211-8

Modified by Decree n°2009-1650 of 23 December 2009 - art. 1

When the contract includes an express possibility of price revision, within the limits provided for in Article L. 211-12, it must mention the precise methods of calculation, both upwards and downwards, of price variations, and in particular the amount of transport costs and related taxes, the currency or currencies that may affect the price of the journey or stay,