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

These Terms and Conditions of Sale (hereinafter referred to as the “Terms and Conditions”) define the legal framework governing the relationship between ESI La Clusaz Ski School and its customers (hereinafter referred to individually or collectively as the “Customer(s)”).

ESI La Clusaz Ski School and the Customer may hereinafter be referred to jointly as the “Parties” or individually as a “Party”.

The purpose of these Terms and Conditions is to define all the conditions under which ESI La Clusaz Ski School offers its services (hereinafter referred to as the “Services”), which are available by booking only.

They therefore apply to all sales of Services made by ESI La Clusaz Ski School.

Consequently, placing an order implies the Customer’s full and unconditional acceptance of these Terms and Conditions.

The Customer declares that they have read these Terms and Conditions before booking and purchasing Services and accepts all their provisions without restriction or reservation. Any conditions imposed by the Customer that conflict with these Terms and Conditions shall not be binding on ESI La Clusaz Ski School unless expressly accepted by the school, regardless of when such conditions were brought to its attention.

These Terms and Conditions may be updated; however, the applicable version shall always be the one in force at the time the Services are purchased.

These Terms and Conditions are available at any time on the ESI La Clusaz Ski School website and at the school’s offices.

1. Season Opening Dates

ESI La Clusaz Ski School is open from 1 December to 30 April each winter season.

2. Services

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

They include:

  • Instructional services, including individual or group lessons in skiing, snowboarding and other snow sports;
  • Additional services, where available (lift passes, insurance, meals, etc.).

3. Participation

Participation in instructional Services requires:

  • Good physical health (for specific circumstances, please contact ESI La Clusaz Ski School);
  • Suitable equipment for winter sports;
  • Compliance with the instructor’s instructions.

The Customer acknowledges that they are fully aware of these participation requirements.

The Customer releases ESI La Clusaz Ski School, its management and its members from any claims or legal proceedings relating to injuries or damage caused to themselves and/or third parties, in any manner whatsoever, arising from or resulting from their participation in the Services booked.

4. Supervision

The instructors at ESI La Clusaz Ski School are qualified professionals holding state-recognised qualifications in their respective disciplines, or currently training towards such qualifications. Participation in any instructional Service is subject to the instructors’ assessment of the students’ mental and physical capabilities.

5. Safety

The feasibility of any instructional Service is subject to the instructors’ assessment of weather conditions, snow conditions and participants’ abilities. All instructors have radio or telephone contact with the resort’s ski patrol and the central office of ESI La Clusaz Ski School.

6. Weather Conditions

Weather conditions shall under no circumstances constitute grounds for the Customer to cancel or postpone Services, provided that ESI La Clusaz Ski School continues to deliver them. The Customer shall not be entitled to a refund or postponement of the booked Services on this basis.

7. Insurance

Instructional Services do not include insurance. The Customer is therefore informed that it is their responsibility, and at their own expense, to take out personal insurance covering at least the bodily injuries to which they may be exposed through participation in the sport, in accordance with Article L. 321-4 of the French Sports Code. The Customer may also wish to obtain cover for lesson cancellation, medical rescue and repatriation costs.

8. Booking Process

8.1. Booking

Services must be booked in advance, through one of the following channels:

  • In person at the ESI La Clusaz Ski School offices;
  • Through the school’s online booking website;
  • Through the central ESI booking platform.

The ability to book Services depends on availability and is therefore subject to confirmation by ESI La Clusaz Ski School.

For Services taking place during school holidays, Customers are strongly advised to book in advance.

The Customer may book Services for themselves or on behalf of one or more relatives or other individuals. In the latter case, the Customer acknowledges that they have obtained the relevant individual’s permission to use their personal data and book Services in their name.

The Customer is solely responsible for the accuracy and truthfulness of the information provided when booking Services for themselves and/or on behalf of others.

Registration for any instructional Service is personal, nominative and non-transferable. The Customer may not assign or transfer any instructional Service booked in their own name or in the name of another person to anyone else, whether free of charge or for payment, and by any means whatsoever.

8.2. Payment

Services must be paid for in full at the time of booking. If the Customer books remotely, through the website or the central ESI booking platform, payment may only be made by bank card through the remote payment system.

The payment methods accepted for bookings made in person at the ESI La Clusaz Ski School offices are cheques, bank cards via an electronic payment terminal, cash, Chèques-Vacances holiday vouchers and Coupons Sport sports vouchers.

8.3. Order Confirmation

A booking becomes final only once full payment of the corresponding price has been received and the booking has been approved by ESI La Clusaz Ski School.

Once the booking has been confirmed, a lesson card is issued and either sent electronically or handed over in person, depending on the booking method used.

Every order constitutes express and irrevocable acceptance of the prices and descriptions of the Services, as well as these Terms and Conditions.

8.4. Online Orders

Throughout the process of accessing its online sales website or the central ESI booking platform and placing an order, ESI La Clusaz Ski School is subject only to an obligation to use reasonable efforts. It cannot therefore be held liable for any inconvenience or damage inherent in the use of the internet, including service interruptions or connection failures affecting the school’s online sales website or the central ESI booking platform, external intrusions, computer viruses or any event classified as force majeure under applicable law and case law.

9. Right of Withdrawal for Online Orders

The right of withdrawal provided for under Article L. 221-18 of the French Consumer Code for consumers entering into distance-selling contracts does not apply to these Services. Under Article L. 221-28(12) of the same Code, they constitute leisure services to be provided on a specific date or during a specific period.

10. Changes to and Cancellation of Services

10.1. General Principles

Any request to cancel a Service must be submitted to ESI La Clusaz Ski School in writing, either by email or in person at the office. For the purposes of calculating deadlines, the relevant date is the date on which the school receives the cancellation request, not the date on which it is sent.

10.2. Refund Conditions for Cancellations by the Customer

Subject to the provisions of Section 10.3, the following refund conditions apply:

  • More than fourteen (14) days before the Service begins: a full refund (100%) of the price paid;
  • Between fourteen (14) days and forty-eight (48) hours before the Service begins: a refund of the price paid, less an administrative fee of ten per cent (10%);
  • Less than forty-eight (48) hours before the Service begins: no refund;
  • Failure by the Customer to attend without prior cancellation: no refund.

The administrative fee covers, in particular, the costs of processing the booking and its cancellation. It is payable regardless of whether any loss or damage has been demonstrated.

Refunds will be made to the original payment method within a maximum of thirty (30) days from acceptance of the cancellation request.

10.3. Cancellations Without Fees

The administrative fees set out in Section 10.2 shall not apply, and the Service shall be refunded in full, in the following circumstances:

  • An event of force majeure occurs within the meaning of Article 1218 of the French Civil Code and is duly substantiated by an official document (medical certificate, administrative decision, etc.);
  • ESI La Clusaz Ski School cancels the Service, particularly where there are insufficient participants for a group lesson or an instructor becomes unexpectedly unavailable and no immediate replacement can be arranged.

10.4. Circumstances in Which No Refund or Postponement Is Granted

No refund or postponement shall be granted in the following circumstances:

  • A Service is interrupted or not used because the participant’s physical and/or technical ability is insufficient;
  • Services are suspended for reasons beyond the control of ESI La Clusaz Ski School (closure of ski lifts, adverse weather, safety measures, etc.);
  • Instructors modify or cancel Services, with or without prior notice, due to weather conditions, safety considerations or the number of bookings for a group lesson.

Service times may be changed to reflect the opening and closing times of the ski lifts. No participant shall be entitled to compensation as a result.

11. Prices

The prices for Services displayed on the ESI La Clusaz Ski School website and at its offices are quoted in euros and include all applicable taxes, taking into account the VAT rate applicable on the date of registration and payment.

Any change in the VAT rate may be reflected in the prices of the Services. The applicable prices are those in force when the Customer’s registration request is recorded.

ESI La Clusaz Ski School reserves the right to increase its prices at any time. Any price increase shall take effect from the date on which the new prices are published online.

In the event of a pricing error (where a price is clearly lower than the actual value of a product), ESI La Clusaz Ski School reserves the right to cancel the order and, if it has already been confirmed, to refund any sums paid as soon as possible. In such circumstances, ESI La Clusaz Ski School shall not be liable to pay the Customer any compensation.

The prices quoted for instructional Services do not include insurance, the necessary equipment or a lift pass.

These items may be offered as additional Services, where available, and will be charged separately at the prices displayed on the ESI La Clusaz Ski School website and at its offices.

12. Delivery of Services

To ensure the proper delivery of the Services purchased, the Customer undertakes to provide accurate and truthful information during the booking process and subsequently to comply with the instructions set out in the booking confirmation email, particularly those concerning the meeting point, date and time for the start of instructional Services.

If the Customer arrives late at the designated meeting point, they shall not be entitled to any refund, even a partial one, or to any compensation.

The same applies where, during a group lesson, the instructor responsible for the group corresponding to the level declared by the Customer decides, subject to availability, to move the student to a group that better matches their actual ability. The school reminds Customers that maintaining a consistent level of ability within a group is essential to the smooth running and quality of the Services provided.

13. Photos and Videos

ESI La Clusaz Ski School uses photographs and videos taken during the delivery of Services on its social media channels and/or for promotional purposes.

Participation in the Services constitutes consent from participants for their image to be used in this way.

However, the Customer may withdraw this consent at any time by notifying ESI La Clusaz Ski School in writing. If the withdrawal is made after materials featuring the Customer or their relatives have already been produced, the Customer agrees to allow the school sufficient time to produce equivalent replacement communications.

14. Liability

14.1. General Principle

ESI La Clusaz Ski School shall not be held liable for damage resulting from errors in documents or information supplied by the Customer.

Except in cases of gross negligence or wilful misconduct, the total liability of ESI La Clusaz Ski School to the Customer under these Terms and Conditions, regardless of the legal basis of the claim or the nature of the damage, shall not exceed the price paid by the Customer.

This excludes any failure to perform, or improper performance of, obligations resulting from force majeure or unforeseen circumstances as referred to in Section 16 below, or from the actions of the Customer.

The total liability of ESI La Clusaz Ski School under these Terms and Conditions is limited to direct material damage suffered by the Customer and resulting from proven fault attributable to the school.

14.2. In the Event of an Accident

In the event of an accident caused by a third party, neither the instructor nor ESI La Clusaz Ski School is obliged to establish the identity or contact details of that third party.

Neither the instructor nor ESI La Clusaz Ski School is subject to any obligation to guarantee such an outcome.

15. Data Protection

ESI La Clusaz Ski School collects personal data relating to the Customer and/or their relatives, provided through the Customer, solely for the purposes of responding to information and booking requests, managing bookings and customer files, maintaining its accounting and IT records and schedules, and/or for customer relationship management purposes (including administrative, accounting, commercial and statistical management) or to provide information about ESI’s news and Services.

Personal data is collected only to the extent strictly necessary for ESI to deliver its Services properly and, more generally, to comply with these Terms and Conditions.

Such personal data shall remain strictly confidential.

The data is intended for ESI but may also be shared with partners or subcontractors of ESI La Clusaz Ski School to ensure the proper delivery of Services ordered by the Customer or to assist the school in meeting its own requirements.

These third parties are authorised to use such personal data as data processors solely for the purposes of, and within the scope of, the service commissioned by ESI La Clusaz Ski School.

ESI La Clusaz Ski School ensures in advance that these trusted third parties comply with the requirements of the amended French Data Protection Act No. 78-17 of 6 January 1978 and European Regulation 2016/679 of 27 April 2016 on the protection of personal data (hereinafter referred to as the “Personal Data Protection Legislation”).

Under the Personal Data Protection Legislation, individuals whose data is collected by ESI La Clusaz Ski School have the following rights:

  • The right to access their personal data;
  • The right to enquire about how their personal data is used;
  • The right to have their personal data corrected;
  • The right, on legitimate grounds, to object to the processing of their personal data or to its use for purposes including commercial prospecting;
  • The right to specify instructions concerning what happens to their personal data after their death.

The individuals concerned may exercise all these rights at any time by submitting a request to ESI La Clusaz Ski School by post or email.

ESI La Clusaz Ski School will respond to requests from the individuals concerned as promptly as possible and in accordance with applicable law.

The data collected by ESI La Clusaz Ski School will be retained for the legally prescribed period.

ESI undertakes to respect Users’ privacy and to take all appropriate precautions to protect the security and confidentiality of their personal data, particularly to prevent it from being altered, damaged or disclosed to unauthorised persons, subject to any obligations that may apply under French Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy.

16. Force Majeure

The performance of all or part of ESI’s obligations shall be suspended in the event of unforeseen circumstances or force majeure, as defined in Article 1218 of the French Civil Code, where such circumstances prevent or delay performance.

Such events include, but are not limited to, war, riots, insurrection, civil unrest, epidemics and strikes of any kind.

ESI La Clusaz Ski School shall inform the Customer of any such unforeseen circumstances or force majeure event within seven (7) days of its occurrence. The school may suspend the delivery of Services for the duration of the impediment, without incurring liability on any grounds whatsoever.

In such circumstances, the delivery of the Services shall be postponed for a period equal to the duration of the impediment.

17. Applicable Law and Disputes

These Terms and Conditions are governed in all respects by French law and shall be interpreted in accordance with the French-language version.

In the event of a dispute, the Customer must first contact the management of ESI La Clusaz Ski School by registered letter with acknowledgement of receipt. If the response is unsatisfactory or no response is received within sixty (60) days, the consumer may, in accordance with Article L. 612-1 of the French Consumer Code and within one year of submitting their written complaint, request an amicable resolution through mediation, subject to Article L. 152-2 of the French Consumer Code.

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

18. Severability

If any provision of these Terms and Conditions is found to be invalid or unenforceable, the validity and enforceability of the remaining provisions shall not be affected.

19. Waiver

The fact that ESI La Clusaz Ski School does not, at any time, require the Customer to fulfil an obligation or invoke any provision of these Terms and Conditions shall not, under any circumstances, be interpreted as an express or implied waiver of its right to require the Customer to fulfil their commitments in full.

20. Headings

The headings of the sections are provided for guidance purposes only.

They shall not affect the interpretation of the relevant provisions.