Terms & Conditions
High Mountain Guiding Services
Maksim SOTNIK • IFMGA/UIAGM High Mountain Guide
SIRET: 98353733300012
531 route de l’Abergement, 74310 Servoz, France
Email: mail@maksim-sotnik.com
SIRET: 98353733300012
531 route de l’Abergement, 74310 Servoz, France
Email: mail@maksim-sotnik.com
Article 1 – Scope and Nature of Services
The Guide offers supervision, instruction, training and accompaniment services in activities falling within his professional remit as a High Mountain Guide, including:
The Guide's service consists primarily of supervision and guiding.
Unless expressly stated otherwise in the quotation or booking confirmation, the following expenses are not included in the Guide's fees and are payable by the Client:
- mountaineering;
- climbing and technical mountaineering;
- glacier travel;
- summit ascents;
- ski mountaineering and ski touring;
- off-piste skiing;
- acclimatisation and preparation courses and programmes;
- any other mountain activity within his professional skills and qualifications.
The Guide's service consists primarily of supervision and guiding.
Unless expressly stated otherwise in the quotation or booking confirmation, the following expenses are not included in the Guide's fees and are payable by the Client:
- the Client's transport costs;
- the Client's accommodation and meal expenses;
- the Guide's accommodation and meal expenses in mountain huts during the service;
- ski lift costs for both the Client and the Guide, whenever their use is necessary for the service, are not included in the guiding fee and are payable by the Client;
- the Client's personal insurance and assistance costs;
- other transport or accommodation expenses of the Guide, where agreed with the Client in advance.
Article 2 – Formation of the Contract and Booking Confirmation
The contract consists of:
The Guide and the Client agree in advance on the essential characteristics, dates and price of the service.
Before payment of the deposit, the Guide provides the Client with these Terms and Conditions and the payment and cancellation conditions applicable to the booking.
Unless otherwise agreed in writing, the booking becomes firm and the dates are definitively reserved only after the Guide has received the requested deposit.
Until that deposit has been received, the proposed dates are not guaranteed and remain subject to the Guide's availability.
Booking-related discussions may take place by email, telephone or electronic messaging. The essential booking terms are confirmed in writing.
After receiving the deposit, the Guide sends the Client a booking confirmation by email or on another durable medium.
- the specific terms agreed between the Guide and the Client, including the nature of the service, objective, dates, number of participants and price;
- these Terms and Conditions.
The Guide and the Client agree in advance on the essential characteristics, dates and price of the service.
Before payment of the deposit, the Guide provides the Client with these Terms and Conditions and the payment and cancellation conditions applicable to the booking.
Unless otherwise agreed in writing, the booking becomes firm and the dates are definitively reserved only after the Guide has received the requested deposit.
Until that deposit has been received, the proposed dates are not guaranteed and remain subject to the Guide's availability.
Booking-related discussions may take place by email, telephone or electronic messaging. The essential booking terms are confirmed in writing.
After receiving the deposit, the Guide sends the Client a booking confirmation by email or on another durable medium.
Article 3 – Prices and Payment Terms
Prices are stated in euros and correspond to the Guide's fees unless otherwise indicated.
The price applicable to each service is the price stated in the proposal, quotation or booking confirmation sent to the Client.
Unless otherwise agreed in writing, a deposit of 30% of the total service price is required to confirm the booking.
The booking becomes firm once the Guide has received this deposit.
The remaining 70% must be paid no later than 14 calendar days before the service start date, unless otherwise agreed in writing between the Guide and the Client.
For any booking made less than 14 days before the service begins, payment in full is due when the booking is confirmed.
Accepted payment methods are communicated to the Client when booking.
If payment is not made by the agreed deadline, the Guide may, after sending a reminder that remains unanswered, suspend or cancel the booking, subject to applicable legal provisions and the cancellation conditions set out in Article 7.
The price applicable to each service is the price stated in the proposal, quotation or booking confirmation sent to the Client.
Unless otherwise agreed in writing, a deposit of 30% of the total service price is required to confirm the booking.
The booking becomes firm once the Guide has received this deposit.
The remaining 70% must be paid no later than 14 calendar days before the service start date, unless otherwise agreed in writing between the Guide and the Client.
For any booking made less than 14 days before the service begins, payment in full is due when the booking is confirmed.
Accepted payment methods are communicated to the Client when booking.
If payment is not made by the agreed deadline, the Guide may, after sending a reminder that remains unanswered, suspend or cancel the booking, subject to applicable legal provisions and the cancellation conditions set out in Article 7.
Article 4 – Client's Physical Fitness, Technical Ability and Experience
The Client acknowledges that mountain activities involve inherent risks relating in particular to:
The Guide may request additional information or evidence of the Client's experience where justified by the nature of the objective.
The Guide may refuse to undertake or may interrupt the original objective where the Client's technical ability or physical fitness is manifestly insufficient to achieve it with reasonable safety.
In such circumstances, the Guide proposes, where possible, an alternative programme suited to the Client's abilities and the conditions at the time.
Where this change results from the Client's physical or technical ability being insufficient in relation to the information provided at booking, and the Guide provides guiding services for all the days originally booked, the fees originally agreed remain payable, even if the alternative programme is normally offered at a lower price, subject to applicable legal provisions.
If the Client refuses the alternative programme, the financial consequences are determined in accordance with the provisions of these Terms and Conditions relating to interruption of the service.
- the terrain;
- weather conditions;
- snow and glacier conditions;
- falling rocks or ice;
- crevasses;
- avalanches;
- altitude;
- fatigue;
- difficulties of access and evacuation.
The Guide may request additional information or evidence of the Client's experience where justified by the nature of the objective.
The Guide may refuse to undertake or may interrupt the original objective where the Client's technical ability or physical fitness is manifestly insufficient to achieve it with reasonable safety.
In such circumstances, the Guide proposes, where possible, an alternative programme suited to the Client's abilities and the conditions at the time.
Where this change results from the Client's physical or technical ability being insufficient in relation to the information provided at booking, and the Guide provides guiding services for all the days originally booked, the fees originally agreed remain payable, even if the alternative programme is normally offered at a lower price, subject to applicable legal provisions.
If the Client refuses the alternative programme, the financial consequences are determined in accordance with the provisions of these Terms and Conditions relating to interruption of the service.
Article 5 – Route Selection and Changes
In the mountains, the initially planned route and objective may be changed in response to safety conditions.
The Guide has sole decision-making authority regarding:
The Client undertakes to comply with the Guide's safety-related decisions and instructions.
Where the original objective must be changed for safety reasons, the Guide proposes, where possible, an alternative activity suited to the conditions and the Client's abilities.
Any consequences of such a change for the price and performance of the service are determined in accordance with these Terms and Conditions, particularly Articles 4 and 6.
The Guide has sole decision-making authority regarding:
- the choice of route;
- the departure time;
- progression;
- guiding techniques;
- continuation or interruption of the activity;
- abandonment or change of objective for safety reasons.
The Client undertakes to comply with the Guide's safety-related decisions and instructions.
Where the original objective must be changed for safety reasons, the Guide proposes, where possible, an alternative activity suited to the conditions and the Client's abilities.
Any consequences of such a change for the price and performance of the service are determined in accordance with these Terms and Conditions, particularly Articles 4 and 6.
Article 6 – Weather and Mountain Conditions
Mountain activities depend on weather, snow and glacier conditions and the state of the terrain.
The Guide may modify, interrupt or cancel the original objective where conditions do not allow it to be undertaken with reasonable safety.
Where the original objective cannot be undertaken because of weather or mountain conditions, the Guide proposes, where possible, an alternative programme suited to the conditions at the time, during the days originally booked.
If the Client accepts the alternative programme, the service price is recalculated based on the rate applicable to the programme actually offered and carried out. Where this rate is lower than the price originally agreed, the difference is refunded to the Client.
If no suitable alternative programme can be offered, the Guide and the Client may agree to postpone the service to another date.
If no postponement is agreed, sums corresponding to services not performed are refunded to the Client, subject to non-recoverable expenses expressly agreed in advance and lawfully chargeable to the Client.
If the Client refuses the proposed alternative programme, the financial consequences are assessed taking into account the nature of the alternative, the services actually performed and applicable legal provisions.
Expenses incurred directly by the Client with third-party providers, including mountain huts, transport, ski lifts or accommodation, remain subject to those providers' cancellation conditions.
The Guide may modify, interrupt or cancel the original objective where conditions do not allow it to be undertaken with reasonable safety.
Where the original objective cannot be undertaken because of weather or mountain conditions, the Guide proposes, where possible, an alternative programme suited to the conditions at the time, during the days originally booked.
If the Client accepts the alternative programme, the service price is recalculated based on the rate applicable to the programme actually offered and carried out. Where this rate is lower than the price originally agreed, the difference is refunded to the Client.
If no suitable alternative programme can be offered, the Guide and the Client may agree to postpone the service to another date.
If no postponement is agreed, sums corresponding to services not performed are refunded to the Client, subject to non-recoverable expenses expressly agreed in advance and lawfully chargeable to the Client.
If the Client refuses the proposed alternative programme, the financial consequences are assessed taking into account the nature of the alternative, the services actually performed and applicable legal provisions.
Expenses incurred directly by the Client with third-party providers, including mountain huts, transport, ski lifts or accommodation, remain subject to those providers' cancellation conditions.
Article 7 – Cancellation by the Client
Any request by the Client to cancel a booking must be communicated to the Guide in writing, including by email or electronic messaging.
Unless specific conditions have been expressly agreed in writing, the following cancellation conditions apply according to the number of calendar days remaining before the service start date:
Where the sums already paid by the Client exceed the amount due under these cancellation conditions, the difference is refunded.
Where the sums already paid are less than the amount due, the Guide may request payment of the balance, subject to applicable legal provisions.
These conditions apply to cancellations initiated by the Client. Changes or cancellations motivated by mountain safety conditions are governed by Articles 4, 5 and 6, as appropriate.
These provisions apply without prejudice to the consumer's mandatory rights under applicable law.
Unless specific conditions have been expressly agreed in writing, the following cancellation conditions apply according to the number of calendar days remaining before the service start date:
- Cancellation 30 days or more before the service begins: a refund of 100% of the service price, less only expenses actually incurred, non-recoverable, duly documented and directly related to the booking.
- Cancellation between 29 and 15 days inclusive before the service begins: a refund of 50% of the agreed total price. No additional deductions apply.
- Cancellation 14 days or less before the service begins: no refund. The full service price remains payable.
Where the sums already paid by the Client exceed the amount due under these cancellation conditions, the difference is refunded.
Where the sums already paid are less than the amount due, the Guide may request payment of the balance, subject to applicable legal provisions.
These conditions apply to cancellations initiated by the Client. Changes or cancellations motivated by mountain safety conditions are governed by Articles 4, 5 and 6, as appropriate.
These provisions apply without prejudice to the consumer's mandatory rights under applicable law.
Article 8 – Right of Withdrawal
In accordance with Article L221-28, 12° of the French Consumer Code, the right of withdrawal applicable to distance or off-premises contracts does not apply to leisure activity services to be provided on a specified date or during a specified period, where the conditions of this statutory exception are met.
The Client is informed, before entering into the contract, of the absence of a right of withdrawal where this exception applies to the booked service.
The absence of a right of withdrawal does not prevent the Client from cancelling their booking in accordance with Article 7 of these Terms and Conditions, subject to applicable legal provisions.
The Client is informed, before entering into the contract, of the absence of a right of withdrawal where this exception applies to the booked service.
The absence of a right of withdrawal does not prevent the Client from cancelling their booking in accordance with Article 7 of these Terms and Conditions, subject to applicable legal provisions.
Article 9 – Insurance
The Client must have valid personal insurance covering mountain search, rescue and evacuation costs for the activities, altitude and countries included in the agreed programme.
The Client is responsible for checking that their insurance provides adequate coverage and for confirming this to the Guide before the start of the programme.
The Guide may request proof of insurance where necessary.
Additional insurance covering medical expenses, repatriation, trip cancellation and interruption is strongly recommended.
The Guide's professional liability insurance does not replace the Client's personal insurance.
The Client is responsible for checking that their insurance provides adequate coverage and for confirming this to the Guide before the start of the programme.
The Guide may request proof of insurance where necessary.
Additional insurance covering medical expenses, repatriation, trip cancellation and interruption is strongly recommended.
The Guide's professional liability insurance does not replace the Client's personal insurance.
Article 10 – Client's Responsibilities and Obligations
The Client undertakes to comply with the Guide's safety instructions and decisions throughout the service.
The Client undertakes to use equipment in accordance with the instructions received and to behave prudently, with due regard for their own safety and that of other participants.
The Client must immediately inform the Guide of any physical difficulty, injury, unusual fatigue, deterioration in health or other circumstance likely to affect safety or the conduct of the activity.
The Client must provide truthful and accurate information about their experience, technical abilities and physical fitness, in accordance with Article 4.
Failure to follow safety instructions or the provision of inaccurate information may be taken into account when assessing the respective liabilities of the parties, in accordance with applicable law.
The Guide remains subject to his professional duties of care, vigilance and safety. Nothing in these Terms and Conditions excludes or limits any liability that cannot lawfully be excluded or limited.
The Client undertakes to use equipment in accordance with the instructions received and to behave prudently, with due regard for their own safety and that of other participants.
The Client must immediately inform the Guide of any physical difficulty, injury, unusual fatigue, deterioration in health or other circumstance likely to affect safety or the conduct of the activity.
The Client must provide truthful and accurate information about their experience, technical abilities and physical fitness, in accordance with Article 4.
Failure to follow safety instructions or the provision of inaccurate information may be taken into account when assessing the respective liabilities of the parties, in accordance with applicable law.
The Guide remains subject to his professional duties of care, vigilance and safety. Nothing in these Terms and Conditions excludes or limits any liability that cannot lawfully be excluded or limited.
Article 11 – Equipment
The Client is responsible for having the personal equipment required for the service, suitable for the planned activity and in good working order.
Depending on the activity, this personal equipment includes in particular:
The Client may use their own equipment or rent it from a specialist provider at their own expense, unless otherwise agreed.
If the Client has difficulty obtaining certain items of personal equipment, they are invited to inform the Guide sufficiently far in advance. Subject to availability and prior agreement, the Guide may help the Client find a solution or lend certain items. Any such loan is not an obligation of the Guide.
The collective technical equipment required for guiding and safety, including ropes, ice screws and belay devices, is supplied by the Guide unless otherwise agreed in advance.
The Guide may check the suitability and apparent condition of the Client's personal equipment and refuse the use of equipment that is clearly unsuitable, defective or poses a safety risk.
The Client undertakes to use equipment in accordance with the Guide's instructions.
Any equipment entrusted to the Client by the Guide must be used with care and returned at the end of the service, allowing for normal wear and tear.
Depending on the activity, this personal equipment includes in particular:
- a climbing harness;
- a helmet;
- crampons;
- climbing shoes;
- an ice axe;
- walking or ski poles;
- any other personal equipment specified by the Guide before the service.
The Client may use their own equipment or rent it from a specialist provider at their own expense, unless otherwise agreed.
If the Client has difficulty obtaining certain items of personal equipment, they are invited to inform the Guide sufficiently far in advance. Subject to availability and prior agreement, the Guide may help the Client find a solution or lend certain items. Any such loan is not an obligation of the Guide.
The collective technical equipment required for guiding and safety, including ropes, ice screws and belay devices, is supplied by the Guide unless otherwise agreed in advance.
The Guide may check the suitability and apparent condition of the Client's personal equipment and refuse the use of equipment that is clearly unsuitable, defective or poses a safety risk.
The Client undertakes to use equipment in accordance with the Guide's instructions.
Any equipment entrusted to the Client by the Guide must be used with care and returned at the end of the service, allowing for normal wear and tear.
Article 12 – Minor Participants
A minor may participate in a service only with the prior authorisation of their legal guardian.
Throughout the service, every minor must be accompanied by at least one of their legal guardians or by an adult expressly authorised by the legal guardian.
The legal guardian undertakes to provide the Guide with accurate information about the minor's age, experience, technical ability and physical fitness, and any other information relevant to their safety and the proper conduct of the activity.
The Guide may refuse a minor's participation or adapt the programme where the minor's age, abilities, experience or mountain conditions do not allow the activity to be carried out with reasonable safety.
The provisions of these Terms and Conditions relating to safety, equipment and insurance also apply to minors.
Throughout the service, every minor must be accompanied by at least one of their legal guardians or by an adult expressly authorised by the legal guardian.
The legal guardian undertakes to provide the Guide with accurate information about the minor's age, experience, technical ability and physical fitness, and any other information relevant to their safety and the proper conduct of the activity.
The Guide may refuse a minor's participation or adapt the programme where the minor's age, abilities, experience or mountain conditions do not allow the activity to be carried out with reasonable safety.
The provisions of these Terms and Conditions relating to safety, equipment and insurance also apply to minors.
Article 13 – Complaints
Any complaint concerning a service must first be submitted to the Guide in writing so that an amicable solution can be sought.
The complaint may be sent by email to the contact address stated in these Terms and Conditions.
The Client is invited to explain the subject of their complaint and, where possible, attach any documents useful for its examination.
The Guide undertakes to examine the complaint and respond within a reasonable time, taking into account in particular the constraints of his professional mountain activities.
If no amicable solution is reached, a Client acting as a consumer may use the consumer mediation procedure provided for in Article 14, subject to applicable legal conditions.
The complaint may be sent by email to the contact address stated in these Terms and Conditions.
The Client is invited to explain the subject of their complaint and, where possible, attach any documents useful for its examination.
The Guide undertakes to examine the complaint and respond within a reasonable time, taking into account in particular the constraints of his professional mountain activities.
If no amicable solution is reached, a Client acting as a consumer may use the consumer mediation procedure provided for in Article 14, subject to applicable legal conditions.
Article 14 – Consumer Mediation
In accordance with the provisions of the French Consumer Code relating to consumer mediation, a Client acting as a consumer may use a consumer mediator free of charge to seek an amicable resolution of a dispute with the Guide.
After first submitting a written complaint to the Guide and failing to reach a satisfactory amicable solution, the Client may refer the matter, subject to the conditions laid down by applicable regulations, to the consumer mediator designated below:
Médiation de la Consommation & Patrimoine (MCP Médiation)
Website: https://mcpmediation.org/
Address:
MCP Médiation
12 square Desnouettes
75015 Paris
France
The procedures and conditions for referral are available on the mediator's website.
Consumer mediation is free of charge for the consumer.
After first submitting a written complaint to the Guide and failing to reach a satisfactory amicable solution, the Client may refer the matter, subject to the conditions laid down by applicable regulations, to the consumer mediator designated below:
Médiation de la Consommation & Patrimoine (MCP Médiation)
Website: https://mcpmediation.org/
Address:
MCP Médiation
12 square Desnouettes
75015 Paris
France
The procedures and conditions for referral are available on the mediator's website.
Consumer mediation is free of charge for the consumer.
Article 15 – Personal Data
The Guide is responsible for processing the personal data provided by the Client in connection with booking and performance of the services.
Such data is processed in particular for:
Data is retained for the periods necessary for the relevant purposes and to comply with legal obligations.
In accordance with applicable regulations, including the General Data Protection Regulation (GDPR), the Client has rights of access, rectification, erasure and restriction and, where provided by law, objection and data portability.
The Client may exercise these rights by contacting the Guide using the contact details stated in these Terms and Conditions.
Further information on personal data processing is available in the privacy policy published on the Guide's website: https://maksim-sotnik.com/privacy-policy.
Such data is processed in particular for:
- managing enquiries and bookings;
- organising and providing services;
- communicating with the Client;
- invoicing and compliance with legal and administrative obligations.
Data is retained for the periods necessary for the relevant purposes and to comply with legal obligations.
In accordance with applicable regulations, including the General Data Protection Regulation (GDPR), the Client has rights of access, rectification, erasure and restriction and, where provided by law, objection and data portability.
The Client may exercise these rights by contacting the Guide using the contact details stated in these Terms and Conditions.
Further information on personal data processing is available in the privacy policy published on the Guide's website: https://maksim-sotnik.com/privacy-policy.
Article 16 – Image Rights
The Guide may take photographs or videos during the services.
Any commercial or promotional use of photographs or videos in which the Client is identifiable, including on the Guide's website, social media or advertising materials, requires the Client's prior authorisation.
This authorisation is requested separately from acceptance of these Terms and Conditions and may be given in writing, including by email.
The Client is free to refuse authorisation without any effect on their booking or participation in the service.
The Client may withdraw their authorisation at any time by contacting the Guide.
The Guide will then cease any new promotional use of the images concerned and remove them, within a reasonable time, from media under his control, subject to applicable legal obligations.
For minor participants, authorisation to use their image must be given by their legal guardian.
Any commercial or promotional use of photographs or videos in which the Client is identifiable, including on the Guide's website, social media or advertising materials, requires the Client's prior authorisation.
This authorisation is requested separately from acceptance of these Terms and Conditions and may be given in writing, including by email.
The Client is free to refuse authorisation without any effect on their booking or participation in the service.
The Client may withdraw their authorisation at any time by contacting the Guide.
The Guide will then cease any new promotional use of the images concerned and remove them, within a reasonable time, from media under his control, subject to applicable legal obligations.
For minor participants, authorisation to use their image must be given by their legal guardian.
Article 17 – Force Majeure
Neither party shall be liable for a failure to perform their contractual obligations where that failure results from an event of force majeure within the meaning of Article 1218 of the French Civil Code.
Depending on the circumstances, exceptional natural events, disasters, administrative decisions or restrictions, or closures of sites or routes may constitute force majeure, provided that the legal conditions are met.
The party prevented from performing their obligations shall inform the other party as soon as possible, insofar as practicable.
Where the impediment is temporary, performance of the service may be suspended or postponed in accordance with the law and subject to the parties' ability to make the necessary arrangements.
Where the impediment makes performance of the service definitively impossible, the consequences of termination of the contract, including any repayment of sums paid, are determined in accordance with applicable legal provisions.
Weather or mountain conditions that do not constitute force majeure remain governed by Article 6 of these Terms and Conditions.
Depending on the circumstances, exceptional natural events, disasters, administrative decisions or restrictions, or closures of sites or routes may constitute force majeure, provided that the legal conditions are met.
The party prevented from performing their obligations shall inform the other party as soon as possible, insofar as practicable.
Where the impediment is temporary, performance of the service may be suspended or postponed in accordance with the law and subject to the parties' ability to make the necessary arrangements.
Where the impediment makes performance of the service definitively impossible, the consequences of termination of the contract, including any repayment of sums paid, are determined in accordance with applicable legal provisions.
Weather or mountain conditions that do not constitute force majeure remain governed by Article 6 of these Terms and Conditions.
Article 18 – Governing Law and Dispute Resolution
These Terms and Conditions are governed by French law, without prejudice to any mandatory consumer protection provisions that may apply.
In the event of a dispute concerning the interpretation or performance of the contract, the parties shall first endeavour to find an amicable solution.
A Client acting as a consumer may use consumer mediation free of charge under the conditions set out in Article 14 of these Terms and Conditions.
If no amicable resolution is reached, the dispute may be brought before the competent courts in accordance with applicable legal rules.
Nothing in these Terms and Conditions deprives a Client acting as a consumer of any mandatory rights granted by applicable regulations.
In the event of a dispute concerning the interpretation or performance of the contract, the parties shall first endeavour to find an amicable solution.
A Client acting as a consumer may use consumer mediation free of charge under the conditions set out in Article 14 of these Terms and Conditions.
If no amicable resolution is reached, the dispute may be brought before the competent courts in accordance with applicable legal rules.
Nothing in these Terms and Conditions deprives a Client acting as a consumer of any mandatory rights granted by applicable regulations.
Article 19 – Acceptance of the Terms and Conditions
These Terms and Conditions are provided to the Client before their booking is confirmed and the deposit is paid.
The Client acknowledges having received, before committing to the booking, essential information about the service, including its nature, proposed programme, dates, price, payment terms and applicable cancellation conditions.
Acceptance of these Terms and Conditions is expressed in writing, including by email or any other means by which evidence can be retained.
In accordance with Article 2 of these Terms and Conditions, the booking becomes firm and the dates are definitively reserved upon receipt of the agreed deposit, provided that the Client has first accepted these Terms and Conditions.
Any specific terms expressly agreed in writing between the Guide and the Client supplement these Terms and Conditions. In the event of a conflict, the specific terms expressly accepted by both parties prevail, subject to applicable law.
The Client acknowledges having received, before committing to the booking, essential information about the service, including its nature, proposed programme, dates, price, payment terms and applicable cancellation conditions.
Acceptance of these Terms and Conditions is expressed in writing, including by email or any other means by which evidence can be retained.
In accordance with Article 2 of these Terms and Conditions, the booking becomes firm and the dates are definitively reserved upon receipt of the agreed deposit, provided that the Client has first accepted these Terms and Conditions.
Any specific terms expressly agreed in writing between the Guide and the Client supplement these Terms and Conditions. In the event of a conflict, the specific terms expressly accepted by both parties prevail, subject to applicable law.
