General terms of sale
PREFACE
These general conditions (hereinafter the «General Conditions») apply to all ski and other skiing disciplines teaching and supervision services (hereinafter the «Main Services»), where applicable accompanied by Additional Services (lift pass packages, insurance policies…) purchased by a Client from one of the ski schools or independent instructors of the ESi/SiMS network via the online sales platform accessible at the following URL: esi-ski.com (hereinafter the «Platform»).
The Platform is an online booking tool for teaching and coaching services in skiing and other disciplines of sliding provided by ski schools members of the ESi network (hereinafter «ESi School(s)») or by the independent instructors members of the SiMS network, as well as the ancillary services that these may offer.
The platform is operated by the International Ski Instructors« Union, known as the »SiMS".
The SIMS organizes and manages the ESi network «École de ski internationale», composed of independent instructors and ski schools that have chosen to join it for its values, its vision of teaching, and its services.
The SiMS acts, as part of the operation of the Platform, solely as a trusted third party to facilitate the subscription of services by Clients to ESi Schools or independent instructors.
The SiMS, which is not a seller or a buyer of the services purchased through the Platform (hereinafter the «Service(s»)), does not exercise any control over the sales made on the Platform and cannot, for that reason, be held liable in this regard, in any way whatsoever.
The ESi Schools act themselves as agents for the instructors as independent professionals, registered with the URSSAF and holding professional civil liability insurance (dedicated) in this capacity. These latter are therefore responsible, under their sole and exclusive responsibility, for the execution of the Main Services purchased through the Platform. The independent instructors alone meet the same requirements.
The ESi Schools or independent instructors, on the other hand, provide the administrative part related to the provision of the Services; in this capacity, they are responsible for the presentation, content, and availability of the Services, as well as the handling of any claims from Customers related to their purchase through the Platform.
The ESi Schools have accepted, on behalf of and for the account of the instructors with whom they work, the General Conditions. The independent instructors have also accepted the General Conditions.
I. DEFINITIONS
Customer: user who purchases one or more Services through the Platform
Order: the online purchase process, via the Platform, of a Service(s) by a Client to an ESi School or an independent tutor.
General Conditions: these general conditions
ESIs schools: the ski schools that are members of the ESi network under their membership in the SiMS
Independent instructors: ski instructors who are members of the ESi network under their membership in the SiMS
Platform: online sales platform accessible at the following URL: www.reservation.ecoledeski.fr
Benefits: all benefits sold through the Platform
Main benefits: benefits related to skiing and/or other disciplines of sliding instruction and supervision
Additional services: services, such as ski lift passes, insurance, meals, that may be marketed in addition to the main services…
User: any internet user navigating on the Platform
The terms defined above are understood both in the singular and in the plural.
II. OBJECT
The General Terms are intended to define the conditions under which the SiMS allows Platform users to access the Platform and makes available to them mediation services enabling them to purchase Services from ESi Schools or an independent tutor.
III. ACCEPTANCE AND NOTIFICATION OF THE GENERAL CONDITIONS
The fact that any User checks the box «I have read the General Terms of Use and I fully agree with them» before proceeding with the payment of the ordered Services constitutes an irrevocable and unreserved acceptance of all the stipulations of the General Terms of Use.
These General Conditions form a contract between the SiMS and the User.
If the User refuses to comply with any of the obligations and conditions contained in the General Terms of Use, they must refrain from using the Platform.
The User declares and guarantees that he/she has the legal capacity to contract and, if he/she represents a company or any other organization with legal personality, that he/she is authorized to act on behalf of and for the account of that company or organization.
The General Terms of Use constitute, together with the General Terms of Sale of the ESi School or the SiMS by ESi instructor concerned with the Services purchased by the Customer, the entire agreement between the parties and replace any previous agreement or arrangement relating thereto, whether oral or written.
In the absence of the General Conditions of Sale of the ESi School or the relevant SiMS by ESi instructor, the General Conditions of Use apply.
The SiMS reserves the right to modify the General Terms of Use at any time.
The Customer is informed that the ESi Schools or the SiMS by ESi monitor may do the same with their General Terms and Conditions of Sale.
The General Conditions of Use applicable to an Order, such as the General Conditions of Sale of the ESi School or the SiMS by ESi monitor concerned, however, are always those in force at the time the said Order is placed and which are expressly accepted by the User.
IV. ORDER PROCESS
SERVICES
It is advisable to contact the ESi School or the relevant independent instructor, or to consult their website for details of the services offered, including their essential characteristics, terms and conditions, prices, period and duration.
A hypertext link to the website of each ESi School or independent tutor is present on the Platform.
CONCLUSION OF THE SALE
The User selects on the Platform the Services they wish to purchase by adding them to the basket.
Prices are indicated including all taxes and correspond to those in effect at the time the Order is placed.
The User may order Services on their own behalf or on behalf of one or more close relatives; in this case, the User acknowledges having received permission from that close relative to use their personal data and to register on the Platform to subscribe to Services in their name.
The user finds the selected Services on the Platform and their prices in their basket.
When his selection is complete, the User can place an order by clicking on the corresponding button.
He is then asked to read and accept the general terms and conditions of sale specific to the ESi School or the independent instructor who sells the selected Services.
The user then manually enters the fields of the registration form using complete and accurate information, it being noted that the fields marked with an asterisk are mandatory to enable the processing of the Order by the ESi School or the relevant independent instructor.
A summary of its data and order is then generated to allow the User to check their basket and the information provided and, if necessary, to modify it.
The User can then proceed to pay for their Order after having read and validated the Platform’s General Conditions.
By clicking on the «confirm and pay» button, the User undertakes to purchase and pay to the ESi School or the relevant independent instructor the selected Services.
If the ESi School or the relevant independent instructor has online booking facilities, the Order is immediately validated and the sale of the Services is deemed complete: a confirmation email for the Order is then automatically sent to the Customer along with their payment receipt.
If the ESi School or the relevant independent instructor does not have online booking facilities, the latter, directly informed by the Platform’s services, then has a twenty-four (24) hour period to validate the Order; an email is then automatically sent to the Client informing them that their Order is pending validation and that only a signature of their payment method has been recorded.
* In the event of validation, the sale of the Services is definitively concluded and deemed perfect: a confirmation email of the Order is then sent to the Customer along with its payment receipt;
* In the event of refusal, an email explaining the reason for the refusal and cancelling the Order is then sent to the Customer, and the imprint of their payment method is simultaneously erased.
The Order cannot be cancelled or modified by the Customer until the relevant ESi School or independent instructor has accepted or refused the Order and, at the latest, before the expiry of the deadline.
The failure to respond by the ESI School or the concerned independent tutor after the twenty-four (24) hour deadline shall constitute a rejection of the Order, such that the sales contract is not concluded: the Order is then automatically cancelled and the Client’s payment method is simultaneously deleted.
Payment of the price
The price of the Order is paid in the currency of the country where the Services will be provided, either in euros or Swiss francs.
The Customer pays the price of their Order EXCLUSIVELY by credit card via a secure server.
Upon validation of the Order, the payment method provided is debited in full of the price.
The Customer is informed that in the absence of full payment of the price upon validation of the Order, it will be automatically cancelled.
V. RIGHT OF WITHDRAWAL
The right of withdrawal provided for in Article L 221-18 of the Consumer Code for the benefit of consumers in the context of a distance sale is not applicable to the Services in that they constitute, in the sense of Article 221-28, 12° of the same Code, services of leisure activities to be provided at a specific date or period.
VI. MODIFICATION AND CANCELATION OF THE ORDER
MODIFICATION
The Platform allowing the purchase of the Services through the SiMS, which acts solely as a trusted third party, no modification of the Order can be made on the Platform or with the SiMS.
In case of any need for changes to the Order (hours, number of people, level…), the Customer must contact the ESi School or the relevant independent instructor directly.
Requests for modifications will be processed in accordance with the general terms and conditions of sale of the ESi School or the relevant independent instructor whose details the Customer has been made aware of and who has validated them during the ordering process, it being specified that any ESi School or independent instructor will do their best to accommodate the Customer’s requests subject to the availability of its instructors and any potential additional costs, the amount of which will be communicated to the Customer for validation and paid directly to the ESi School or the relevant independent instructor.
CANCELLATION
The Order may be cancelled under the following conditions:
By the Client of the ordered services:
Any request to cancel an Order by the Customer must be made in writing and sent directly to the relevant ESi School or independent instructor or via the contact form on the Platform, mentioning the Order reference.
The effective date of the cancellation request is, if applicable, the date printed on the letter or the date of submission of the contact form used on the Platform.
in the event of cancellation more than one (1) month before the start of the execution of the purchased Services, the Client will be refunded the entire amount paid;
in the event of cancellation between one (1) month and eight (8) days before the start of the performance of the Services, the Client will be refunded the entire amount paid, less the filing fees corresponding to ten percent %(10 %) of the amount of the Order;
In the event of cancellation within one (1) week or less before the start of the performance of the Services, the principle and the terms and conditions for refunding the amounts paid to the Customer are governed directly by the General Terms and Conditions of Sale of the ESi School or the relevant independent instructor, it being specified that in all cases ten percent %(10%) of the amount of the Order will remain definitively retained to cover the filing fees.
Subject to the above, refunds to the Customer will be made within thirty (30) days from the date of the cancellation request.
Cancellation by the ESi School or the concerned independent instructor:
The ESi schools or independent instructors are not intended to cancel the Services purchased by the Customer unless:
in the event of insufficient numbers of participants in ongoing collective actions,
in the event of the unpredictable unavailability of a monitor and the impossibility of its immediate replacement,
in cases where weather conditions make the performance of the Services dangerous.
In such cases, the fate of the sums paid by the Client is governed directly by the General Terms and Conditions of Sale of the ESi School or the relevant independent instructor.
SPECIAL CONTEXT RELATED TO COVID-19
The context related to COVID-19 is likely to lead to:
* an impossibility for the ESi Schools or the independent tutor to execute the Services purchased by the Client or to compel them to interrupt such Services: in such cases, the execution of the Services will be postponed to the extent possible and, failing that, the price paid will be refunded in full or prorata temporis to the Client;
* an impossibility for the Client to benefit from the purchased Services, either due to travel restrictions imposed by the National Authorities or quarantine periods in place: in such cases, the Client will be fully or prorata temporis reimbursed upon presentation of appropriate documentation.
VII. PERFORMANCE EXECUTION
For the proper execution of the purchased Services, the Client undertakes to provide, during the Order process, truthful and honest information and to comply with the instructions provided to him/her in the email confirming his/her Order, and in particular regarding the place, date and time of the gathering for the departure of the courses.
In the event of a delay at the appointed meeting point, the Customer will not be entitled to any refund, even partial reimbursement of the price paid, or compensation.
The same is true in the case where, for a Main Course in a Collective Group, the instructor responsible for the corresponding group, as declared by the Client, decides to change a group in accordance with the actual level of the student, subject to availability: it should be recalled that the homogeneity of the students’ level is crucial in a group for the proper functioning and quality of the Main Courses.
For more details on the terms of performance of the Services, it is important for the Client to refer to the General Conditions of Sale specific to the ESI School or the relevant independent instructor that they have accepted before finalizing their Order.
VIII. WARRANTIES
The purchase of Services does not entail any coverage for the Client under the professional civil liability insurance of the relevant ESi School and/or their instructors, or the independent instructor for the risks inherent in the practice of ski sports during the time that they are under the supervision of the instructor responsible for the execution of the Main Services.
It is therefore the Client’s responsibility to take out such risks themselves and, if necessary, to take out additional cancellation insurance in the event of an inability to participate in water sports as a result of an accident during the performance of the Services.
The ESi School or the independent instructor concerned will, if necessary, upon express request from the Customer, provide all supporting documents allowing the latter to claim reimbursement from their insurance company.
IX. RESPONSIBILITIES
RESPONSIBILITY OF THE SIMS
The role of the SiMS is solely to connect Clients with the ESi schools or the independent instructor for the purchase of Services.
The SiMS does not intervene in contractual relations between the Client and the ESi Schools or the independent instructor, beyond the provision of the platform facilitating their connection.
In particular, the SiMS does not, in any way, act as a representative, broker or agent of the ESi Schools or the independent instructor, and is therefore completely extraneous to the contractual relationships that may be concluded between a Client and an ESi School or independent instructor via the Platform or otherwise, directly or indirectly.
Consequently, the SiMS cannot be held responsible, in any way whatsoever, for any damage of any nature resulting from these relationships, to the Client or third parties.
The SiMS is solely responsible for the proper functioning of the Platform and its accessibility to Users, it being specified that it is only required to meet a mere obligation of means regarding the continuity of access to the Platform.
The SiMS does not guarantee the sustainability or the performance of the Platform.
SiMS reserves the right to suspend access to the Platform, temporarily or permanently, without notice.
It may interrupt access to the Platform for reasons including maintenance, updates, and emergencies.
The temporary or definitive interruption of the Platform will not entail the responsibility of the SiMS and will not entitle the User to any compensation.
Similarly, the SiMS cannot be held liable for any damage to hardware, software, or data (for example, viral contamination) suffered by the User as a result of their use of the Platform.
RESPONSIBILITY OF THE SCHOOLS ESi OR OF THE INDEPENDENT MONITOR
Customers should refer to the general sales conditions of the ESi schools or the independent instructor responsible for the services they have purchased to know the extent of their liability.
RESPONSIBILITY OF USERS
The User undertakes to:
* comply with the terms of the General Conditions; ;
* communicate to the SIMS, within the agreed deadlines, all the information necessary for the provision of the Services; ;
* protect against the risks of loss or hacking of data, files, and programs by using regularly updated antivirus software; ;
* use the Platform in compliance with the laws and regulations applicable to the Contract; ;
* not to use the Platform in a manner that would be likely to harm the reputation of SIMS and/or the ESI Schools or the independent instructor; ;
X. TRANSFERABILITY
Unless prior written permission has been obtained from the ESi School or the relevant independent instructor, the Client may not assign or transfer the benefit of the past Orders to any natural or legal person of their choice.
XI. INTELLECTUAL PROPERTY
All the technical, graphic, textual or other elements constituting the Platform, as well as the Platform itself, are protected by Intellectual Property Rights.
The User acknowledges that no property is transferred to them, and that no right or license is granted to them, other than the non-exclusive, personal and non-transferable right to use the Platform during the duration of the General Terms and only for the purposes of their proper execution.
The Platform contains hyperlinks to the websites of the ESi Schools or the independent monitor and may also contain hyperlinks to third-party websites.
These links are provided for informational purposes only.
The SiMS has no control over the sites to which these links refer and disclaims any responsibility regarding access to, the content of, or the use of these sites, as well as any damage that may result from the consultation of the information contained on these sites.
As soon as the User is redirected to the website of a third party, the terms of use of that website apply instead of the General Conditions, which cease to apply.
XII. PERSONAL DATA
12.1. COLLECTION OF DATA
SIMS collects and uses the User’s personal data in compliance with the provisions of Law No. 78-17 of January 6, 1978, known as the «Information Technology and Liberties» Act (hereinafter referred to as the «Law No. 78-17») and Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (hereinafter referred to as the «GDPR»).
All data regarding Users is collected directly from them during the Order process.
Users are informed on each form for the collection of personal data that the responses are mandatory or optional by the presence of an asterisk.
LEGAL BASIS FOR THE PROCESSING OF DATA
The legal bases for the processing that the SiMS may be required to carry out with personal data of Users are:
* The execution of the contractual relations between SiMS and the Users
In order to use the Platform and benefit from the services it offers, Users must accept the General Conditions available at www.esi-ski.com.
This document formalizes a contractual relationship between each of the Users and the SiMS and serves as the legal basis for the collection and processing of their personal data.
* Consent of the Users
When Users navigate the Platform, SIMS may be required to install various cookies on the storage space of their terminal (e.g., computer, mobile device).
When required by regulations, the User’s consent to the registration of these cookies on their terminal is collected by the SiMS in accordance with the procedures indicated within the interface provided on the Platform for this purpose.
* Respect of a legal obligation to which the SIMS is subject
* The legitimate interest of the SiMS
The processing of personal data of Users implemented by the SiMS can be justified by a legitimate interest of the SiMS provided that it does not infringe the fundamental interests and rights of the Users.
PURPOSES OF THE DATA PROCESSING
The data of the Users is processed primarily for the following purposes:
* allow them to navigate the Platform; ;
* ensure the follow-up and proper execution of Orders;
* The User’s data may also be processed for:
* search for benefits based on their own location or another location; ;
* prevent and combat fraud (hacking, combating money laundering, etc.); ;
* respond to requests for information submitted by the User via the «Contact» tab of the Platform; ;
* improve the navigation on the Platform; ;
* enable communication with Users: sending e-mails containing the details of the Order, or newsletters by e-mail; ;
* conduct optional satisfaction surveys on the use of the Platform; ;
* when required by law or in the context of a judicial procedure or dispute; ;
* manage requests to exercise the rights listed in Article 12.7 below; ;
* perform statistics on the use of the Platform and compile internal reports.
SIMS may use the email address provided to send promotional emails regarding new products, offers, or any information that could potentially interest the User.
CATEGORIES OF DATA PROCESSES
The SiMS is likely to process, as an intermediary between the Users and the ESi Schools or the independent tutor, all or part of the following information:
* name, first name, date of birth, gender, postal address, telephone number, and email address; ;
* history of transactions; ;
* bank details.
RECIPIENTS OF PERSONAL DATA
All personal data collected and processed by the SiMS are strictly confidential.
The SiMS is tasked, as an intermediary between Users and the ESi Schools or the independent tutor, to securely transfer the Users’ personal data to the relevant ESi Schools or independent tutor for the purpose of executing their Orders.
In this context, the ESi Schools or the concerned independent instructor are the data controllers, and it is therefore advisable for Users to refer to the general terms and conditions of sale specific to them, which they have accepted before placing an Order and which are available on their respective websites.
SIMS may also be required to temporarily and securely transfer certain personal data of Users to third parties only when necessary:
* upon payment of the Order placed by the User (e.g. payment service provider); ;
* for the operation and maintenance of the Platform (e.g., hosting the Platform); ;
* in order to comply with an order from the legal authorities.
In all the cases described above, the SiMS ensures that the ESi Schools or the independent tutor and all of their partners who receive personal data from Users place the protection of personal data at the heart of their mission and undertakes to take all measures to ensure the security and confidentiality of personal data.
The Platform is hosted on the 2C2L server; its privacy policy is available at 26, rue des Frères Lumière, 69110 SAINT-FOY-LÈS-LYON
If the third party concerned were located outside the European Union or in a country that does not have adequate regulations within the meaning of the GDPR, the SIMS would first frame its relationship with that third party by adopting an appropriate contractual framework.
SECURITY OF PERSONAL DATA
The personal data of the Users collected is stored in France.
SiMS undertakes not to infringe upon the privacy of Users and to take all necessary precautions to preserve the security and confidentiality of their personal data, in particular to prevent them from being modified, damaged, or communicated to unauthorized persons, subject to the obligations that may be imposed on it in accordance with Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy.
The User acknowledges and accepts that during the aforementioned period, the SiMS retains all documents, information and records relating to its activity on the Platform.
RIGHTS OF USERS
In accordance with applicable legislation, Users have the following rights:
* Right of access to personal data concerning them;
* Right to ask about the use of their personal data;
* Right to rectification of their personal data;
* Right of opposition for legitimate reasons regarding the processing of their personal data or the use of those data for prospecting purposes, in particular commercial prospecting;
* Right to define the guidelines regarding the fate of their personal data after their death.
Users can exercise all of these rights at any time by contacting the SiMS with their requests:
* either by registered mail with acknowledgment of receipt to the following postal address: 6, route provinciale – BP 25 – 73201 Albertville Cedex
* either by email to the following email address: reservation@ecoledeski.fr
Requests for the deletion of personal data will be subject to the obligations imposed on the SIMS by law, notably regarding the retention or archiving of documents.
In the event of a difficulty related to personal data concerning them, Users are informed that they have the option to file a complaint with the supervisory authorities, including the CNIL (https://www.cnil.fr/fr/plaintes).
DURATION OF STORAGE
The Users’ personal data are kept for a period of three (3) years from their last Order or any other request submitted via the contact form on the Platform.
Audience measurement statistics are not kept for a period exceeding thirteen (13) months.
However, at the end of the aforementioned deadlines, including, as necessary, from the request to delete one of the Users, their personal data may be subject to an intermediate archiving process so that SIMS can comply with its legal retention obligations:
Some data may be archived beyond the specified periods:
* in the event of a legal proceeding in order to establish the reality of the disputed facts; ;
* for the purposes of research, the detection and prosecution of criminal offenses, solely for the purpose of enabling, as necessary, the communication of these data to the judicial authorities.
Archiving involves the anonymization of this data and preventing it from being accessed online; instead, it is extracted and stored on a separate, secure medium.
After the deadlines set out in this article have expired, the personal data of the Users will be deleted.
XIII. COOKIES
In order to improve the functioning of the Platform, the SiMS uses audience measurement cookies such as the number of page views, the number of visits, the activity of visitors on the Platform, and their return frequency through the services of AT Internet and Google Analytics.
These cookies only allow the compilation of statistical studies on the traffic of the Platform’s visitors, the results of which are completely anonymous.
The User can access all the information contained in the files related to the cookies used by SIMS:
* either by email to the address: info@ecoldeski.fr
* either by registered letter with acknowledgment of receipt to the following address: 6, Route provinciale – BP 25 – 73201 Albertville Cedex
When the regulations require it, the User’s consent to the registration of these cookies on their terminal is collected by SIMS in accordance with the procedures specified within the interface provided on the Platform for this purpose.
XIV. APPLICABLE LAW – COMPETENT JURISDICTION
The General Conditions are subject, in all their provisions, to French law.
In the event of a dispute, the Parties will strive to find an amicable solution within a period of sixty (60) days from the notification by the most diligent Party.
In the absence of an amicable settlement reached within the time period indicated above, the Client, who qualifies as a consumer, may use mediation free of charge and for this purpose contact the consumer mediator whose contact details and procedures for making a request are available on the website: www.sasmediationsolution-conso.fr.
XV. VARIOUS
INDEPENDENCE OF THE CLAUSES
The nullity of one of the provisions of the General Conditions would only result in the annulment of the General Conditions as a whole if the declared nullified clause were to be considered, in the minds of the Parties, as substantive and decisive of their consent, and provided that the overall balance of the agreement cannot be safeguarded. In the event of the nullity of a clause, the Parties will, in any event, strive to renegotiate an economically equivalent clause.
RESIGNATION
The fact that one of the Parties, at any time, fails to require the performance by another Party or to make use of any provision of the General Conditions, cannot in any case be interpreted as an express or tacit waiver of its right to require the scrupulous performance of the commitments undertaken by that other Party.
TITLE OF ARTICLES
The article titles are only indicative. They have no bearing on the interpretation of these articles.