TERMS OF SALES : ESI Pro7

ESI TERMS OF SALES :

 

Please note this is a non-binding translation of the original document, which is available in French.

These Terms and Conditions of Sale (hereafter referred to as “T&C’s”) define the legal agreement established between the ESI School and its clients (hereafter referred to as the “Client/s”).  
The ESI School and the Client may also be referred to collectively as “Parties”, or individually as a “Party”.

These T&C’s have been established to define the conditions according to which the ESI School sells its services (hereafter referred to as “Services”), which are available by reservation only.  
These T&C’s are applicable to every sale made by the ESI School.
Confirmation of a reservation implies the Client’s full and unreserved acceptance of these T&C’s.
The Client declares to have fully understood the T&C’s prior to the reservation and purchase of Services and accepts them without restriction or reservation, in all their forms.
Any conditions imposed by the Client in contradiction to these T&C’s shall therefore be invalid, unless specifically accepted by the ESI School, regardless of when they were brought to its attention.

These T&C’s may be updated; however, those in effect at the moment a transaction is completed remain applicable.
These T&C’s are available for viewing at all times on the ESI School’s website and in its sales offices.

1.    Season Opening :
The ESI School is open from 18 décember to 15 avril

2.    Services :
The Services offered are presented on the website of the ESI School and in its sales offices.  They include :
instruction and lessons, in a group or individual context, of skiing, snowboarding and other snowsports;
complimentary Services (lift passes, insurance, meals, etc)

3.    Participation :
Participation in instruction Services requires :
good physical health (exceptional cases, please contact the ESI School),
equipment adapted to the practice of snowsports,
respect for the instruction provided.

The Client recognises having a thorough understanding of these conditions of participation.  
The Client releases the ESI School, its management and its members from all responsibility and any legal proceedings relating to injury or damages caused to him/herself and/or to a third person, caused in any way during or as a consequence of his/her participation in a Service.  

4.    Professional Supervision :
ESI School instructors are qualified professionals with certifications relevant to their discipline (or in training towards a nationally recognised qualification).  
Participation in instruction Services is subject to evaluation of participants’ mental and physical aptitude by the professional.

5.    Safety :
The feasibility of any Service is subject to instructors’ professional evaluation of weather conditions, snow conditions, and the aptitude of each participant.
Instructors are able to contact the resort’s safety patrol and the ESI School office via radio or telephone.

6.    Weather conditions :
Weather conditions are not, in any case, a valid reason for cancellation or postponement of a Service by the Client, as long as the Services are maintained by the ESI School.
The Client should not, for this reason, expect a refund or postponement of Services cancelled at his/her own request due to weather or snow conditions.

7.    Insurance :
Services do not include insurance.
The Client is advised that it is his/her responsibility to take out personal insurance covering, at a minimum, the injuries to which in the practice of snowsports exposes participants (in accordance with Article L. 321-4 of the Sports Code), and eventually also the cancellation of lessons, medical rescue, and repatriation costs.  

8.    The Reservation Process :
8.1.    Reservations :
Services may be booked by reservation only, either :  
at the ESI School office,
via the ESI School’s online reservation site,
via the ESI Syndicate’s centralised online reservation platform.

Reservation of Services is dependent upon availability and upon validation by the ESI School.
For reservations made during school holiday periods, advance booking is therefore strongly advised.

The Client may book Services for him/herself or for a third party.  In the latter case, the Client recognises having received authorisation from the third party for the use of personal contact information and for a reservation to be made in his/her name.
The Client is solely responsible for the accuracy and authenticity of the information provided during the reservation process when making a reservation for him/herself or for others.

Enrolment into an instruction Service, in any form, is nominative, personal and non-transferable.  The Client may not in any circumstance surrender or transfer, on a paid or unpaid basis, to another person, whoever it may be, an enrolment in a Service made in his/her own name or in the name of a third party.

8.2.    Payment :
Payment of Services must be made in full at the time of booking.
If the Client makes a reservation of Services by distance (via a website or booking platform), payment can only be accepted by credit or debit card.
The following modes of payment are accepted for bookings made in person at the ESI School office: cheque, credit or debit card, cash, cheques vacances or coupons sport.

8.3.    Validation of a Booking :
The reservation of Services only becomes definitive upon reception of full payment of the corresponding price and upon validation by the ESI School.
The definitive reservation of Services generates a confirmation document (lesson ticket or other), which is sent to the Client electronically for bookings made by distance, or in person for bookings made at the ESI School office.
All bookings imply acceptance of advertised price and description of Services, along with the T&C’s.

8.4.    Online Bookings :
In regard to all stages of access to its online booking system or to the ESI central reservation platform and to the ordering process, the ESI School bound only by a best effort undertaking.
The ESI School shall not be held liable for any inconvenience or damage inherent to internet use, in particular service failure, external intrusion, the presence of IT viruses, or for any event deemed to fall under force majeure, as recognised by law.

9.    Right of Retraction of Online Orders :
Consumers purchasing Services by distance may not benefit from a right of retraction (Article L.221-18 of the Consumer Code) when Services constitute a leisure activity delivered at a specific time and date (Article L.221-28-12° of the same Code).

10.    Modification and Cancellation of Services :
The interruption or cancellation of Services by the Client shall not give rise to a refund or reschedule of Services, except in cases of force majeure as defined by Clause 17 that are appropriately justified within a delay of forty eight (48) hours.
Equally, no refund or reschedule of Services shall be due in the following circumstances :
In the event of Services being interrupted or not completed as a result of a lack of fitness or technique;
In the event of Services being interrupted or not completed due to factors independent of the ESI School’s control (lift closure, inclement weather, safety measures, etc);
In the event of modification or cancellation of Services by instructors, with or without warning, for reasons relating to weather conditions or safety;
The times at which Services are delivered may be modified in accordance with opening/closing hours of ski lifts, and no indemnity shall be offered for alterations.
The ESI School reserves the right to cancel Services booked by a Client if the number of participants is insufficient for a group lesson, or if the instructor becomes unavailable at short notice and no replacement can be found : in these cases, the Client will be fully refunded for the Service concerned.

11.    COVID-19 Conditions :
Current circumstances regarding COVID-19 may result in :
General travel restrictions within France or with the Client’s country of residence,
Local/departmental/regional restrictions concerning the resort in which the ESI School operates (contamination control),
Local/departmental/regional restriction of movement concerning the Client’s place of residence (contamination control), upon presentation of official justification,
Quarantines imposed between the Client’s country of residence and France, upon presentation of official justification,
Administrative closure of the lift system and/or administrative structures of the resort in which the ESI School operates.
In the abovementioned cases, the delivery of Services shall be rescheduled where possible, and where rescheduling is not possible, the price paid shall be refunded fully or partially on a pro-rata basis to the Client.

With the exception of the abovementioned cases, however, a Client who chooses not to travel or to cut short the Services purchased due to COVID-19 (or to a similar healthcare situation) should not expect any form of refund, reschedule or modification for the Services paid.

12.    Prices :
Prices of Services as advertised on the ESI School’s website and in its offices are in Euros and include all taxes, including VAT as it applies at the time of purchase and payment.

Any changes in tax rates may impact the prices of Services.

Applicable prices of Services are as advertised at the time of a reservation is made at the Client’s demand.
The ESI School reserves the right to increase prices at any time; a price increase shall apply from the date on which the new prices are published online.
If a price is advertised in error (and if the advertised price is significantly lower than the real value of the Product or Service), the ESI School reserves the right to cancel a booking, and in the case of confirmed bookings, to immediately refund the value paid.  In this situation, the ESI School shall not be required to offer further compensation to the Client.

Advertised prices of Services do not include insurance, equipment, or lift passes.
These are additional Services which, if available, are invoiced separately according to prices advertised on the ESI School’s website and in its offices.

13.    Delivery of Services :
In order that Services may be delivered correctly, the Client undertakes to supply accurate and genuine information throughout the booking process, and to respect the advice provided upon booking confirmation (particularly in regard to the date, time and meeting place at which a Service will be delivered).
If a Client arrives late to a meeting point confirmed in this manner, the Client shall not be refunded, even partially, or compensated in any way.

The same applies in a group lesson context; if a Client over or underestimates his/her own ability (or that of a third party) at the time of enrolment, the instructor shall move the participant concerned to a group suited to his/her real ability on the condition that space is available.  It is vital that groups remain homogeneous in order to ensure the quality and smooth delivery of group lessons.

14.    Photos et videos :
The ESI School uses photos and videos taken during the delivery of Services for use on social media and for promotional purposes.
Participation in Services implies participants’ authorisation to have their image used for these purposes.
The Client has the right to refuse authorisation of the use of their image at any time by informing the ESI School in writing; if this refusal arrives after the creation of communication materials bearing the image of the Client or his/her friends or family, the Client agrees to allow the ESI School sufficient time to allow replacement equivalent communication materials to be produced.

15.    Responsibility :
15.1.    Principle :
The ESI School cannot be held liable for issues arising as a result of erroneous documentation or information provided by the Client.
Except in the case of gross or intentional negligence, the responsibility of the ESI School to the Client under these T&C’s shall not, on any legal grounds and for a claim of any nature, exceed the price paid by the Client.
This excludes any non-delivery or incorrect delivery of Services due to force majeure, due to unforeseeable circumstances as outlined in Clause 17, or due to actions taken or not taken on the Client’s part.
The responsibility of the ESI School with regard to these T&C’s is limited to material damages caused to the Client arising from proven error on the ESI School’s part.

15.2.    Accidents :
In the case of an accident caused by a third party, the instructor and the ESI School have no responsibility to obtain the identity or contact details of such a third party.
No responsibility for the outcome of such an incident shall fall on the instructor or the ESI School.

 

16.    Data Protection :
The ESI School collects personal information from the Client (and/or those of the Client’s friends/family via the Client), to enable the processing of a reservation, to meet a Client’s request for information, for accounting purposes, to maintain a Client database, for planning purposes, and/or for commercial purposes (notably for administrative management, accounts, marketing and statistics) or for updates on ESI School news and Services.

The ESI School only collects personal data necessary for the proper delivery of its Services and more generally the respect of its T&C’s.

This personal information is kept strictly confidential.
Personal data is for the ESI School’s use, however it may also be communicated to the ESI School’s partners or subcontractors as required in order to ensure the proper delivery of Services ordered by the Client, or to meet its own needs.
Third parties are therefore authorised to use this personal data in their role as a subcontractor operating on behalf of the ESI School.
The ESI School guarantees that trusted partners will handle personal data in conformity with the modified French Data Protection Act n° 78-17 (6 January 1978) and in line with European rules 2016/679 (27 April 2016) relating to Personal Data Protection (hereafter referred to as “Legislation relating to personal data”).

Pursuant to the Legislation relating to personal data, those who have their data collected by the ESI School have the following rights:
right of access to their personal data;
right to know how their data is being used;
right to modify their personal data;
right to oppose for a legitimate reason the use of their personal data for a specific purpose, or for prospective (particularly commercial) purposes;
right to stipulate what happens to their personal data after their death.
Those who have their personal data collected by the ESI School may exercise these rights at any time by contacting the ESI School in writing, in adherence with applicable law.

Personal data collected by the ESI School is kept for the prescribed legal duration.

The ESI School shall not infringe on the private lives of Clients and shall take all precautions necessary to ensure the security and confidentiality of personal information gathered, particularly to ensure against the modification, damage or transmission of this data to unauthorised parties, while meeting obligations in regard to law n°2004-575 (21 June 2004) of the Confidence in the Digital Economy Act.  

17.    Force Majeure
The provision of some or all Services shall be suspended by the ESI School in the case of a fortuitous event or Force Majeure (as defined by Article 1218 of the Civil Code) that impedes or delays Service delivery.
Such events may include but are not limited to war, rioting, insurrection, social disorder, epidemic, and strike action of any kind.
The ESI School will inform the Client of any unforeseen circumstance or Force Majeure within seven (7) days of its occurrence and may suspend delivery of its Services for the duration of the hindrance, without the responsibility of the ESI School being engaged in any way.
In this case, the provision of Services shall be rescheduled for a duration equal to that of the suspension.

18.    Applicable Law and Litigation :
These T&C’s shall be governed by French law and their interpretation by the French language.

In the case of litigation, after having addressed the ESI School by registered letter with an acknowledgement of receipt, and in the absence of a satisfactory response within sixty (60) days, the Client may take up legal proceedings free of charge via the consumer mediator whose details can be found on this site : www.sasmediationsolution-conso.fr

19.    Severability :
If one of the clauses in these T&C’s is deemed invalid or unenforceable, this shall not affect the validity or enforceability of the other clauses.

20.    Waiver :
Should the ESI School’s choose not to enforce or to avail themselves of any part of these T&C’s, this shall not be interpreted as a waiver, express or implied, of its right to strictly enforce the Client’s engagements.  

21.    Titles :
Clause titles are indicative only and shall not impact the interpretation of clauses.