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ESI TERMS OF SALES :
General Sales Terms and Conditions of at ESI Ski School:
These general terms and conditions of sale (hereinafter referred to as the "GTC") define the legal framework for the relationships between the ESI School and its clients (hereinafter referred to as the "Client(s)").
The ESI School and the Client may hereinafter also be referred to jointly as the "Parties" or individually as a "Party."
The purpose of the GTC is to define all the conditions under which the ESI School sells its services (hereinafter referred to as the "Services"), which are available only upon registration.
These terms therefore apply to any sale of services made by the ESI School.
Consequently, placing an order implies full and unconditional acceptance by the Client of the GTC.
The Client acknowledges having read the GTC before reserving and purchasing Services and accepts them without restriction or reservation in all their provisions.
Any condition contrary to the GTC set by the Client will therefore be, unless expressly accepted by the ESI School, unenforceable against it, regardless of when it was made known.
The GTC may be updated; however, the applicable GTC are always those in effect at the time of the purchase of the Services.
The GTC are available at any time on the ESI School's website and in the ESI School's offices.
Season Opening:
The ESI School is open from 30/11/2024 to 04/05/2025.
Services:
The services offered are those presented on the ESI School’s website and in its offices.
They include:
Teaching services, including individual or group lessons in skiing, snowboarding, and other snow sports
Potential additional services (lift passes, insurance, meals, etc.).
Participation:
Participation in teaching services requires:
- Good physical health (for specific cases, contact the ESI School),
- Appropriate winter sports equipment,
- And adherence to the instructions given by the instructor.
The Client acknowledges having full knowledge of these conditions for participation in the services.
The Client discharges the ESI School, its directors, and its members from all claims and legal actions related to injuries or damage caused to themselves and/or third parties in any way, arising from or due to their participation in the subscribed services.
Supervision:
ESI School instructors are state-certified professionals in their specialties (or in preparation for their state certification).
Participation in teaching services is subject to their evaluation based on the moral and physical abilities of the students.
Safety:
The feasibility of any teaching service is subject to the instructors' evaluation based on weather conditions, snow coverage, and participant ability.
All instructors are equipped with radio or phone communication with the resort's ski patrol and the ESI School’s central office.
Weather Conditions:
Weather conditions cannot be a reason for the Client to cancel or postpone the Services as long as the Services are still provided by the ESI School.
For this reason, the Client cannot claim any refund for the subscribed services or postpone their execution.
Insurance:
Teaching services do not include insurance.
The Client is informed that it is their responsibility to subscribe to a personal insurance contract covering at least personal injury risks associated with their sporting activity, in accordance with Article L. 321-4 of the Sports Code, and possibly cancellation of lessons, medical assistance, and repatriation expenses.
Order Process:
Reservation:
Service orders are exclusively made by reservation:
- Either directly at the ESI School's offices,
- Or via its online reservation website,
- Or through the ESI central reservation platform.
The possibility of booking services depends on their availability and, therefore, their validation by the ESI School.
For services during school holiday periods, it is strongly recommended that Clients make reservations in advance.
The Client may book services for themselves or on behalf of one or more close relatives. In the latter case, the Client acknowledges having received authorization from the relative to use their personal data and book services in their name.
The Client is solely responsible for the truthfulness and accuracy of the information they provide when reserving services for themselves and/or for others.
Registration for any teaching service is personal, nominative, and non-transferable; the Client cannot transfer or assign any subscribed teaching service to anyone in any way, whether free or paid.
Payment:
Services must be paid in full at the time of reservation.
If the Client makes a reservation remotely (via the website or the ESI central reservation platform), payment can only be made by credit card (VAD).
Payment methods accepted when booking in person at the ESI School’s offices are Credit Card via Electronic Payment Terminal, cash, ANVC or ANCV Sport.
Order Confirmation:
Reservation of services becomes final only after full payment of the corresponding price and validation by the ESI School.
A final reservation of services results in the issuance of a course card, which is either sent electronically or handed over in person, depending on the reservation method used.
Any order implies express and irrevocable acceptance of the prices, service descriptions, and the GTC.
Online Orders:
The ESI School has a duty of means regarding all stages of access to its online sales site or the ESI central reservation platform and the ordering process.
Therefore, its responsibility cannot be engaged for any inconvenience or damage inherent in the use of the Internet, including service interruptions, connectivity failures, external intrusions, viruses, or any event qualifying as force majeure under applicable law and jurisprudence.
Right of Withdrawal for Online Orders:
The right of withdrawal provided for in Article L. 221-18 of the Consumer Code for consumers in the context of remote sales does not apply to services as they constitute, under Article L. 221-28 12° of the same Code, leisure activity services that must be provided on a specific date or during a specific period.
Modification and Cancellation of Services:
Any cancellation or withdrawal by the Client will not lead to any refund or rescheduling, except in cases of force majeure.
No refund will be possible in case of an accident during the week; documents may be provided for your insurance.
Also, no refund or rescheduling will apply to:
- Any service interrupted or not used due to the participant’s insufficient physical and/or technical level
- An interruption of services beyond the ESI School’s control (e.g., ski lift shutdowns, weather conditions, safety measures, etc.).
The modification or cancellation of services by instructors, with or without prior notice, due to weather or safety conditions.
The hours of service may change depending on the lift opening and closing times, without participants being entitled to any compensation.
The ESI School may cancel services without prior notice if fewer than 4 participants are enrolled in a group lesson or if an instructor becomes unavailable and cannot be replaced immediately; in such a case, the Client will be refunded in full for the service concerned.
In the case of inappropriate behaviour disrupting the class, the instructor reserves the right to exclude the child from the group, with no right to a refund.
Prices:
The prices for services offered on the ESI School’s website and in its offices are quoted in euros, including all taxes, based on the VAT applicable on the date of registration and payment.
Any change in the tax rate may be reflected in the price of the services.
Prices are those in effect at the time the Client registers.
The ESI School reserves the right to increase its prices at any time; price increases take effect when the new rates are published online.
In case of an obvious pricing error (e.g., a price significantly lower than the actual value of a product), the ESI School reserves the right to cancel the order and, if confirmed, refund the sums paid promptly; in such cases, the ESI School will not be liable for any compensation to the Client.
The prices for teaching services do not include insurance, equipment, or lift passes.
These are supplementary services, which, if available, are billed separately at the rates displayed on the ESI School’s website and in its offices.
Execution of Services:
For the proper execution of the purchased services, the Client agrees to provide truthful and sincere information during the ordering process and to follow the instructions provided in the confirmation email, particularly regarding the location, day, and time of the meeting point for the start of the teaching services.
In case of delay at the meeting point, the Client will not be entitled to any refund, even partial, nor any compensation.
The same applies if, for a group lesson, the instructor decides to move the student to another group that matches their actual level, subject to availability. It is important to note that the uniformity of student levels is crucial for the smooth running and quality of the main services.
Photos and Videos:
The ESI School uses photos and videos taken during the execution of services on its social media and/or for promotional purposes.
Participation in services implies the participants' consent to have their image used in this way.
However, the Client has the right to withdraw this consent at any time by notifying the ESI School in writing. If refusal is expressed after the creation of any media featuring the Client or their close ones, the Client agrees to give the ESI School enough time to adjust its communications accordingly.
Liability:
The ESI School is not liable for any damage resulting from errors in documents or information provided by the Client.
Unless in cases of gross or intentional fault, the ESI School's overall liability to the Client under the GTC, regardless of the legal basis or nature of the damage, will not exceed the amount paid by the Client.
This excludes any non-performance or faulty performance due to force majeure or fortuitous events, as defined in Article 17 below, or due to the Client.
The ESI School’s overall liability is limited to direct material damage caused to the Client resulting from proven faults attributable to the school.
In Case of Accident:
In the event of an accident caused by a third party, the instructor and the ESI School are not obligated to verify the identity and contact details of the third party.
No result obligation rests on the instructor or the ESI School in this regard.
Data Protection:
The ESI School collects personal data from the Client and/or their close ones, through the Client, for the sole purpose of responding to information requests, service reservations, file management, maintaining accounting, and planning systems, and/or for commercial follow-up (administrative, accounting, commercial, and statistical management) or for providing information about the ESI School’s activities.
The personal data collected is strictly confidential.
These data are intended for the ESI School but may be shared with trusted partners or subcontractors to ensure proper execution of the services ordered by the Client or to assist the Client in meeting their needs.
The ESI School ensures that these third parties act in accordance with the applicable personal data protection laws, including the French Data Protection Act No. 78-17 of January 6, 1978, and European Regulation 2016/679 of April 27, 2016, regarding personal data protection.
The Client has the right to access, correct, and object to their personal data under the applicable laws, as well as the right to define directives concerning the fate of their personal data after death.
Force majeure
The execution of all or part of the ESI School's obligations will be suspended in the event of force majeure or an unforeseen event as defined by Article 1218 of the Civil Code, which hinders or delays its execution.
Such events include, but are not limited to, war, riots, insurrection, social disturbances, epidemics, and strikes.
The ESI School will inform the Client of any force majeure event within seven (7) days of its occurrence and may suspend the execution of services during the impediment period, without being liable.
Applicable Law and Disputes:
These GTC are governed by French law and interpreted in the French language.
In case of a dispute, the Client must first contact the ESI School’s management by registered letter with acknowledgment of receipt. If no satisfactory response is received, or no response is received within sixty (60) days, the Client may contact the consumer mediator, whose contact details are available on their website: www.mediateur-consommation-smp.fr
Independence of Clauses:
If any article of the GTC is deemed invalid or unenforceable, the validity or enforceability of the remaining provisions will not be affected.
Waiver:
The ESI School’s failure, at any time, to demand performance by the Client or to invoke any provision of the GTC cannot be interpreted as a waiver of its right to enforce the strict performance of the Client's obligations under GTC.
Headings:
The headings of the articles are for guidance only and have no effect on the interpretation of these articles.
