TERMS OF SALES : ESI La Clusaz

General terms and conditions

General Terms and Conditions of Sale of E.S.I La Clusaz

General terms and conditions of sale for ESI ski schools:

These general terms and conditions of sale (hereinafter the "GTC") define the legal framework of the relations established between ESI La Clusaz Ski School and its clients (hereinafter the "Client(s)").
ESI La Clusaz Ski School and the Client may hereinafter also be jointly referred to as the "Parties" or individually as a "Party".

The purpose of the GTC is to define all the conditions under which ESI La Clusaz Ski School sells its services (hereinafter the "Services"), which are available by registration only.
They therefore apply to any sale of Services made by ESI La Clusaz Ski School.
Consequently, placing an order implies the Client's full and unreserved acceptance of the GTC.
The Client declares having taken note of the GTC prior to the booking and purchase of Services and accepting them without restriction or reservation in all their provisions; any condition contrary to the GTC set by the Client shall therefore, unless expressly accepted by ESI La Clusaz Ski School, be unenforceable against the latter, regardless of when it was brought to its attention.

The GTC may be updated; however, the applicable GTC are always those in force at the time of purchase of the Services.
The GTC are available at any time on the website of ESI La Clusaz Ski School and at the offices of ESI La Clusaz Ski School.

1. Season opening

ESI La Clusaz Ski School is open from 01/12 to 30/04, every winter season.

2. Services

The Services offered are those presented on the website of ESI La Clusaz Ski School and at its offices.

They include:

• teaching Services, in particular individual or group lessons in skiing, snowboarding and other snow sports;

• possibly additional Services (ski lift passes, insurance, meals, etc.).

3. Participation

Participation in the teaching Services requires:

• good physical health (special cases: contact ESI La Clusaz Ski School),

• equipment suitable for winter sports,

• and compliance with the instructions given by the instructor.

The Client acknowledges having full knowledge of these conditions of participation in the Services.

The Client releases ESI La Clusaz Ski School, its directors and members from any claims and legal actions relating to injuries or damage caused to their person and/or to third parties, caused in any manner whatsoever, arising from or in connection with their participation in the subscribed Services.

4. Supervision

The instructors of ESI La Clusaz Ski School are State-qualified professionals in their specialities (or preparing for their State diploma). Any participation in the teaching Services is subject to their assessment according to the moral and physical abilities of the pupils.

5. Safety

The feasibility of any teaching Service is subject to the instructors' assessment according to weather conditions, snow conditions and the abilities of the participants. All instructors are in contact by radio or telephone with the resort's piste patrol service and the central office of ESI La Clusaz Ski School.

6. Weather conditions

Weather conditions may under no circumstances be a reason for the Client to cancel or postpone the Services as long as the Services remain provided by ESI La Clusaz Ski School. For this reason, the Client may not claim any refund of the subscribed Services or postponement of their performance.

7. Insurance

The teaching Services do not include insurance. The Client is therefore informed that it is their responsibility and at their expense to take out a personal insurance policy covering at least the bodily injuries to which their practice of the sport may expose them, in accordance with Article L. 321-4 of the French Sports Code, and possibly the cancellation of lessons, medical assistance and repatriation costs.

8. Ordering process

8.1. Booking

Orders for Services are made exclusively by booking:

• either in person directly at the offices of ESI La Clusaz Ski School,

• or on its online booking website,

• or on the central ESI booking platform.

The possibility of booking Services depends on their availability and consequently on their validation by ESI La Clusaz Ski School.
For Services taking place during school holiday periods, Clients are therefore strongly advised to book in advance.

The Client may order Services for themselves or on behalf of one or more relatives; in the latter case, the Client acknowledges having received from that relative the authorisation to use their personal data and to subscribe to Services in their name.
The Client is solely responsible for the accuracy and truthfulness of the information provided when booking the Services, whether for themselves and/or on behalf of relatives.
Registration for a teaching Service, whatever its form, is nominal, personal and non-transferable; the Client may not assign or transfer to any person whatsoever, free of charge or for consideration, any teaching Service subscribed in their name or in the name of a relative.

8.2. Payment

Services are payable in full at the time of booking. If the Client books Services remotely (website or central ESI booking platform), payment can only be made by credit card (distance selling).
The payment methods accepted when booking in person at the offices of ESI La Clusaz Ski School are: cheque, credit card on the electronic payment terminal, cash, Holiday Vouchers (Chèques Vacances) or Sport Coupons.

8.3. Order validation

The booking of Services becomes final only after receipt of the full payment of the corresponding price and validation by ESI La Clusaz Ski School.
The final booking of the Services gives rise to the issue of a lesson card sent electronically or handed over on site, depending on the booking method used.
Any order constitutes express and irrevocable acceptance of the prices and descriptions of the Services, as well as of the GTC.

8.4. Online orders

For all stages of access to its online sales website or to the central ESI booking platform and to the ordering process, ESI La Clusaz Ski School has only an obligation of means (best efforts). Its liability may therefore not be engaged for any inconvenience or damage inherent to the use of the Internet, in particular a service disruption or connection failure to the online sales website of ESI La Clusaz Ski School or to the central ESI booking platform, an external intrusion or the presence of computer viruses, or any event qualifying as force majeure in accordance with case law and the law.

9. Right of withdrawal for online orders

The right of withdrawal provided for in Article L. 221-18 of the French Consumer Code for consumers in the context of distance selling does not apply to the Services, in that they constitute, within the meaning of Article L. 221-28 12° of the same Code, leisure activity services to be provided on a fixed date or period.

10. Modification and cancellation of Services

10.1. General principles

Any request to cancel a Service must be sent to ESI La Clusaz Ski School in writing (email or in person at the office). The date taken into account for assessing time limits is the date of receipt of the request by the School, and not the date of its sending.

10.2. Refund conditions in the event of cancellation by the Client

Subject to the provisions of Article 10.3, the refund conditions are as follows:

• More than fourteen (14) days before the start of the Service: full refund (100%) of the price paid;

• Between fourteen (14) days and forty-eight (48) hours before the start of the Service: refund of the price paid less an administration fee of ten percent (10%);

• Less than forty-eight (48) hours before the start of the Service: no refund;

• Absence of the Client without prior cancellation: no refund.

The administration fees cover in particular the administrative costs of managing the booking and its cancellation. They are due regardless of any proven loss.

The refund is made to the payment method used when ordering, within a maximum period of thirty (30) days from the acceptance of the cancellation request.

10.3. Cancellation free of charge

The administration fees provided for in Article 10.2 do not apply, and the Service is refunded in full, in the following cases:

• occurrence of a case of force majeure within the meaning of Article 1218 of the French Civil Code, duly evidenced by an official document (medical certificate, administrative decision, etc.);

• cancellation of the Service by ESI La Clusaz Ski School, in particular in the event of an insufficient number of participants in a group lesson or the unforeseeable unavailability of an instructor with no possibility of immediate replacement.

10.4. Cases not giving rise to any refund or postponement

No refund or postponement of a Service shall be granted for:

• any Service interrupted or not consumed due to the participant's insufficient physical and/or technical level;

• any stoppage of the Services beyond the control of ESI La Clusaz Ski School (ski lift closure, bad weather, safety measures, etc.);

• the modification or cancellation of the Services by the instructors, with or without notice, for reasons related to weather or safety conditions or due to the number of registrations in a group lesson.

The times at which the Services are performed may be modified according to the opening and closing times of the ski lifts without any participant being entitled to claim any compensation.

11. Prices

The prices of the Services shown on the website of ESI La Clusaz Ski School and at its offices are prices indicated in euros, all taxes included, taking into account the VAT applicable on the day of registration and payment.
Any change in the rate may be passed on to the price of the Services. The prices of the Services are those in force at the time the registration request is recorded by the Client.
ESI La Clusaz Ski School reserves the right to increase its prices at any time; the price increase takes effect on the date of publication of the new online rates.
In the event of a price display error (price manifestly lower than the real value of a Product), ESI La Clusaz Ski School reserves the right to cancel the order and, if it has been confirmed, to refund the sums paid as soon as possible; in this case, ESI La Clusaz Ski School shall not be liable for any compensation towards the Client.
The prices indicated for the teaching Services do not include insurance, the necessary equipment or the ski lift pass.
The latter are additional Services which, if available, are invoiced separately according to the rates displayed on the website of ESI La Clusaz Ski School and at its offices.

12. Performance of the Services

For the proper performance of the purchased Services, the Client undertakes to provide truthful and accurate information during the ordering process and to subsequently comply with the instructions provided in the email validating their booking, in particular regarding the location, day and time of the meeting point for the start of the teaching Services.
In the event of a delay at the meeting point thus fixed, the Client may not claim any refund, even partial, of the price paid, nor any compensation.
The same applies where, for a group teaching Service, the instructor in charge of the group corresponding to the level declared by the Client decides on a change of group in line with the pupil's actual level, subject to availability: it shall indeed be recalled that the homogeneity of the pupils' level is decisive within a group for the proper running and quality of the main Services.

13. Photos and videos

ESI La Clusaz Ski School uses photos and videos taken during the performance of the Services on its social networks and/or for promotional purposes.
Participation in the Services implies the participants' authorisation for their image to be used in this way.
However, the Client has the right to withdraw this authorisation at any time by informing ESI La Clusaz Ski School in writing; if this refusal is expressed after the creation of any type of material depicting the Client or their relatives, the Client agrees in advance to allow ESI La Clusaz Ski School sufficient time to produce equivalent communication material.

14. Liability

14.1. Principle

The liability of ESI La Clusaz Ski School may not be sought for damage resulting from errors in documents or information supplied by the Client.
Except in cases of gross or intentional fault, the overall liability of ESI La Clusaz Ski School towards the Client under the GTC, whatever its legal basis and the nature of the loss, may not exceed the price paid by the Client.
This excludes any non-performance or faulty performance resulting from a case of force majeure or a fortuitous event referred to in Article 16 below or resulting from the Client.
The overall liability of ESI La Clusaz Ski School under the GTC is limited to direct material damage caused to the Client resulting from faults duly proven attributable to it.

14.2. In the event of an accident

In the event of an accident caused by a third party, the instructor and ESI La Clusaz Ski School are not obliged to ascertain the identity and contact details of the third party.
No obligation of result rests, in this respect, on the instructor or ESI La Clusaz Ski School.

15. Data protection

ESI La Clusaz Ski School collects personal data of the Client and/or their relatives through the Client for the sole purpose of responding to requests for information and booking of Services, file monitoring, proper keeping of its accounting and IT databases and its schedules and/or for commercial monitoring purposes (in particular administrative, accounting, commercial and statistical management) or for information on ESI School news and its Services.
Personal data are collected only to the extent strictly necessary for ESI School for the proper performance of its Services and more generally compliance with the GTC.
These personal data remain strictly confidential.
These data are intended for ESI School but may also be communicated to partners or subcontractors of ESI La Clusaz Ski School in order to ensure the proper performance of the Services ordered by the Client or to assist it in meeting its own needs.
However, these third parties are only authorised to use such personal data as subcontractors for and within the framework of the service commissioned by ESI La Clusaz Ski School.
ESI La Clusaz Ski School ensures beforehand that these trusted third parties act in compliance with the rules laid down by Law no. 78-17 of 6 January 1978 on Data Processing, Data Files and Individual Liberties as amended, and European Regulation 2016/679 of 27 April 2016 on the protection of personal data (hereinafter referred to as the "Personal Data Legislation").

In application of the Personal Data Legislation, the natural persons concerned by the data collected by ESI La Clusaz Ski School have the following rights:

• Right of access to their personal data;

• Right to obtain information on the use of their personal data;

• Right of rectification of their personal data;

• Right to object, on legitimate grounds, to their personal data being processed or to their use for prospecting purposes, in particular commercial;

• Right to define directives relating to the fate of their personal data after their death.

The persons concerned may exercise all these rights at any time with ESI La Clusaz Ski School by sending a request by post or email.
ESI La Clusaz Ski School responds to requests from the persons concerned as soon as possible and in compliance with the applicable law.
The data collected by ESI La Clusaz Ski School are kept for the legally prescribed period.
ESI School undertakes not to infringe the privacy of Users and to take all useful precautions to preserve the security and confidentiality of their personal data and in particular to prevent it from being altered, damaged or communicated to unauthorised persons, subject to the obligations that may be incumbent upon it under Law no. 2004-575 of 21 June 2004 for Confidence in the Digital Economy.

16. Force majeure

The performance by ESI School of all or part of its obligations shall be suspended in the event of a fortuitous event or force majeure, as defined by Article 1218 of the French Civil Code, which hinders or delays its performance.
The following are considered as such, in particular, without this list being exhaustive: war, riots, insurrection, social unrest, epidemics, strikes of any kind.
ESI La Clusaz Ski School shall inform the Client of any fortuitous event or force majeure within seven (7) days of its occurrence and may suspend the performance of the Services for the duration of the impediment, without its liability being sought on any grounds whatsoever.
In this case, the performance of the Services shall be postponed for a period equal to the duration of said impediment.

17. Applicable law and disputes

The GTC are governed in all their provisions by French law and by the French language for their interpretation.
In the event of a dispute, after having referred the matter to the management of ESI La Clusaz Ski School by registered letter with acknowledgement of receipt, and failing a satisfactory reply or in the absence of a reply within sixty (60) days, in accordance with Article L. 612-1 of the Consumer Code, within one year from their written complaint, the consumer, subject to Article L. 152-2 of the Consumer Code, may initiate an amicable resolution procedure through mediation.

Société de la Médiation Professionnelle
Médiateur-Consommation-SMP
24, rue Albert de Mun
33000 Bordeaux
www.mediateur-consommation-smp.fr

18. Severability of clauses

Should any article of the GTC be found null or unenforceable, the validity or enforceability of the other provisions of the GTC shall not be affected.

19. Waiver

The fact that ESI La Clusaz Ski School, at any time, does not require performance by the Client or does not rely on any provision of the GTC may in no case be interpreted as an express or tacit waiver of its right to require the scrupulous performance of the commitments entered into by the Client.

20. Headings

The headings of the articles are indicative only.
They have no bearing on the interpretation of these articles.