Every registration to the Services offered by the ESI of Ax 3 Domaines (called hereafter "ESI School") involves having previously read and agreed to the present General Terms and Conditions.
Article 1: Services
The ESI School's prices only include the teaching Services provided by its instructors. Insurance, equipment and ski passes are not included which means that the student has to buy a ski pass and rent his own equipment before the lesson. An insurance covering skiing accidents is highly recommended, as well as the use of a helmet for children.
Ski lessons take place in a specific and random natural environment. Its practise requires that the student looks out for the others' safety as well as his own. The instructor's responsibility is limited to the obligation of means, and it is the student’s duty to respect the given instructions.
Ski lessons are given as long as the ski resort is at least partially open.
The ESI School will make no refund unless the Client has subscribed to the cancellation insurance that is offered in partnership with Mondial Assistance. If the Client has no personal insurance and wants to take out this insurance with the ESI School, he must ask it when booking by e-mail.
Article 2: Participation
The participation to our teaching Services requires:
a good physical condition,
adapted equipment and winter sports wear,
and the respect of the teacher's instructions.
The Client acknowledges having perfect knowledge of these conditions of participation to our Services.
Article 3: Teaching
The ESI School instructors are state-registered profesionals, trained to their specialism or preparing their diploma.
The participation to our teaching Services is subject to the instructor's assessment, depending on the moral and physical abilities of the students.
Article 4: Security
The feasibility of our teaching Services is subject to the assessment of the instructors according to the weather and snow conditions, and the aptitude of the participants.
All our instructors have a radio or telephone connection with the resort's ski patrol service and with the central office of the ESI School.
Article 5: Free products
Medals are given with our 6-day group lessons, high-season only.
Article 6: Booking and payment
For your booking to be taken into account, you will be asked to pay the full amount of the lessons in advance.
Thus, the registration formalities already completed, we avoid you having to pass by the ESI School's office: you can present yourself directly to the meeting point which is specified on your reservation email, equipped and with your ski pass.
Article 7: Right of withdrawal when ordering online
The right of withdrawal, provided for in article L 221-18 of the Consumer Code to the advantage of consumers in the context of distance selling, cannot apply to our Services insofar as they constitute, according to the article L 221-28 12° of the same Code, the provision of leisure activity services to be provided on a specific date or period.
Article 8: Modification and cancellation of Services
• The withdrawal or cancellation of the Service by the Client will not result in any refund or adjournment except in case of force majeure as provided for in Article 17, duly justified within forty-eight (48) hours.
• There won't be any refund nor any adjournment in the following cases:
Any Service interrupted or unconsumed because of an insufficient physical and/or technical level of the participant;
The cessation of Services for reasons beyond the control of the ESI School (closure of all ski lifts by the resort, bad weather, security measures etc.);
The modification or cancellation by the instructors, with or without notice, of the Services for reasons relating to weather or safety conditions.
• The Services timetable may be modified according to the opening and closing times of the resort's ski lifts without any of the participants being able to claim any compensation.
• The ESI School may be led to cancel the teaching Services booked by a Client in the event of an insufficient number of participants in a group lesson or the unforeseeable unavailability of an instructor without the possibility of replacing him immediately: in these cases, the Client will be reimbursed for all sums paid for the Service in question.
• If the number of participants in a group lesson is less than 4 people, the ESI School reserves the right to adjust the Service, either by canceling the booking with the total refund of the sums already paid by the Client, or by transforming the group lesson into a private lesson and by applying the rates without him being able to claim any additional compensation.
Article 9: Specific conditions related to the COVID-19 health context
The context related to COVID-19 is likely to lead to:
general travel restrictions in France or in the Client's country,
local/departmental/regional travel restrictions concerning the station in which the ESI School is present (infection cluster),
local/departmental/regional travel restrictions concerning the Client's place of residence (infection cluster) upon presentation of official proof,
imposed quarantines between the Client's country and France on presentation of official proof,
an administrative closure of the ski lifts and/or facilities of the resort in which the ESI School is present.
In the aforementioned hypotheses, the execution of the Services booked by the Client will be postponed if possible or eventually, as a last resort, reimbursed fully or prorata temporis.
On the other hand, apart from the aforementioned hypotheses, the Client who decides not to travel or to interrupt the Services purchased because of COVID-19 or a similar health situation may not claim any refund or modification of the paid Services.
Article 10: Lateness / delayed recovery
Clients are requested to respect the times of the lessons. The lessons start and end at fixed times defined by the ESI School.
Any delay can neither be compensated in the form of reimbursement, nor caught up in time. For private lessons, the ESI School instructors are required to wait for the client at least 15 minutes beyond the scheduled time. After this time, the lesson is considered as lost for the Client.
For children group lessons, parents must arrive at the meeting point at least 5 minutes before the end of the lesson to pick up their child with the instructor. Any parents who is unable to pick up their child at the end of a lesson must take the necessary measures to authorize another person to pick up the child on the parents' behalf. In that case, the parent/guardian must immediately notify the ski school of this arrangement. Older children may be left alone at the meeting point if their parents are late to pick them up, at the discretion of the instructor.
Article 11: Insurance
For all the offered Services, the ESI School suggests taking out an optional insurance for the cancellation / interruption of reserved lessons.
The ESI School will not make any refund or exchange of lessons following an event that is covered by the suggested insurance contract, which the Client can consult in the "USEFUL" section or on the footer banner of the ESI school website.
Article 12: Prices
The prices of the Services offered on the ESI School website and at the office are indicated in euros and include all taxes, taking into account the VAT applicable on the day of registration and its payment.
Any change in the rate may have an effect on the price of the Services.
The prices of the Services are those applicable at the time of the registration requested by the Client.
The ESI School reserves the right to increase its prices at any time; the price increase takes effect on the date of publication of the new prices online.
In the event of a price display error (price manifestly lower than the actual value of a Product), the ESI School reserves the right to cancel the order and, if it has been already been confirmed, to refund the sums paid as soon as possible; in such a case, the ESI School will not be liable for any compensation with regard to the Client.
The prices displayed for the teaching Services do not include the insurance, nor the equipment, nor the ski pass.
These are subject to additional services which, if available, are charged separately according to the prices displayed on the ESI School website and at the office.
Article 13: Performance of the Services
For the proper performance of the Services purchased, the Client commits to providing fair and sincere information during the ordering process as well as to respect, thereafter, the instructions given in the confirmation e-mail of his reservation, especially those concerning the place, day and time of gathering which are set in advance 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 reimbursement, even partial, of the price paid, nor any compensation.
The same applies in the event that, for a group lesson teaching Service, the instructor in charge of the group corresponding to the level declared by the Client decides on a change of groups according to the actual level of the student, under reserve of availability: it will indeed be recalled that the homogeneity of the participants' levels is decisive in a group for the smooth running and the quality of the main Services.
Article 14: Mediation
In accordance with article L. 612-1 of the Consumer Code, the consumer, subject to article L.152-2 of the Consumer Code, has the right to submit a request for amicable resolution by way of mediation, within a period of less than one year from its written complaint to the professional.
This establishment has designated, by a membership registered under the number 1669/2010SIMS/P30, SAS Médiation Solution as the consumer mediation entity.
To seize the mediator, the consumer must formulate his request:
- Either by post tothe following adress:
SAS Médiation Solution
222, chemin de la Bergerie
01800, Saint-Jean-de-Niost, France
Tel. +33 (0)4 82 53 93 06
- Or by e-mail at: firstname.lastname@example.org
- Or by completing the online form entitled "Saisir le médiateur" on the folowing website https://www.sasmediationsolution-conso.fr
Regardless of the means of referral used, the request must imperatively contain:
- The applicant's postal, telephone and electronic contact details;
- The name, address and registration number at of the professional concerned at SAS Médiation Solution;
- A brief statement of the facts in which the Client will specify to the mediator what he expects from this mediation and why;
- A copy of the prior complaint;
- Any documents allowing the instruction of the request (purchase order, invoice, proof of payment, etc.).
Article 15: Responsibility
The ESI School cannot be held liable for damages resulting from errors in the documents or information provided by the Client.
Except in cases of intentional or gross negligence, the overall liability of the ESI School towards the Client in accordance with the General Terms and Conditions, regardless of the legal basis and the nature of the damage, cannot exceed the price paid by the Client.
This excludes any non-performance or faulty performance of the Services due to a case of force majeure or a fortuitous event such as referred to in the Article 17 below or due to the Client.
The overall liability of the ESI School, in accordance with the General Terms and Conditions, is limited solely to direct material damages caused to the Client, resulting from duly proven faults attributable to the ESI School.
In the event of an accident:
In the event of an accident caused by a third party, the instructor and the ESI School are under no obligation to verify the identity and contact details of the third party.
No obligation of result weighs, as such, on the instructor or the ESI School.
Article 16: Data protection
The ESI School collects personal data from the Client and/or his relatives through the intermediary of the Client himself for the sole purpose of responding to requests for information and reservation of Services, file follow-up, good running of its accounting, computer databases and schedules, and for commercial monitoring purposes (in particular administrative, accounting, commercial and statistical management) or for the news feed of the ESI School and its Services.
Personal data is collected within the limits of the information that is strictly necessary for the ESI School's proper performance of its Services and, more generally, in accordance with the General Terms and Conditions.
These personal data remain strictly confidential.
This data is intended for the ESI School but may also be communicated to partners or subcontractors of the ESI School in order to ensure the proper performance of the Services ordered by the Client or to assist him in meeting his own expectations.
However, these third parties are only authorized to use this personal data as a subcontractor for and within the framework of the service commissioned from them by the ESI School.
The ESI School ensures beforehand that these trusted third parties act in accordance with the rules enacted by the Data Protection Act No. 78-17 of January 6, 1978 as amended and by the European Regulation 2016/679 of April 27, 2016 relating to 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 the ESI School have the following rights:
Right of access to the personal data that concern them;
Right to ask questions about the use of their personal data;
Right of rectification of their personal data;
Right of opposition for legitimate reasons to their personal data being processed or to their being used for prospecting purposes, in particular commercial;
Right to define the directives relating to the fate of their personal data after their death.
The natural persons concerned may exercise all of these rights at any time with the ESI School by sending a request to this effect by post or by e-mail. The ESI School responds to any request from the natural persons concerned as soon as possible and in accordance with the applicable law.
The data collected by the ESI School is kept for the prescribed legal period.
The ESI School undertakes not to infringe 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, taking into account if necessary the obligations that may be incumbent upon the ESI School in accordance with the law n°2004-575 of June 21, 2004 for Confidence in the Digital Economy.
Article 17: Force majeure
The execution by the ESI School of all or part of its obligations will be suspended in the event of a fortuitous event or case of force majeure, as defined by article 1218 of the Civil Code and which would hinder or delay the performance of the Services.
Are considered as such, without this list being exhaustive, war, riots, insurrection, social crisis, epidemics, strikes of any kind.
The ESI School will inform the Client of any fortuitous event or case of 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 for any reason.
In this case, the performance of the Services will be postponed for a period equal to the duration of the impediment in question.
Article 18: Applicable law and litigation
The General terms and Conditions are subject in all their provisions to French law and are governed by the French language for their interpretation.
In case of litigation, after having contacted the management of the ESI School by registered letter with acknowledgment of receipt, and in the absence of a satisfactory response or in the absence of a response within sixty (60) days, the Client may contact without pay the consumer mediation entity, whose contact details are available on its website: www.sasmediationsolution-conso.fr
Article 19: Independence of clauses
If one of the articles of the General Terms and Conditions were to be deemed null or unenforceable, the validity or opposability of the other provisions of the General Terms and Conditions would not be affected.
Article 20: Waiver
The fact that the ESI School, at any time whatsoever, does not require the execution by the Client or does not avail itself of any provision of the General Terms and Conditions cannot, under any circumstances, be interpreted as a waiver expressly or tacitly to its right to require the scrupulous execution of the commitments subscribed by the Client.
Article 21: Title
The titles of the articles are only indicative.
They have no bearing on the interpretation of these articles.