These general terms and conditions of sale (hereinafter referred to as the “Terms and Conditions”) define the legal framework for the relationship between ESI School and its clients (hereinafter referred to as the “Client(s)”).
ESI School and the Client may hereinafter be referred to collectively as the “Parties” or individually as a “Party”.
These General Terms and Conditions of Sale (GTC) define all the conditions under which ESI School markets its services (hereinafter the “Services”), which are available only upon registration.
They therefore apply to all sales of services made to ESI School.
Consequently, placing an order implies the Client’s full and unreserved acceptance of these Terms and Conditions.
The Client declares having read these Terms and Conditions before booking and purchasing Services and accepts them without restriction or reservation in all their provisions.
Any condition contrary to the General Terms and Conditions imposed by the Client shall therefore, in the absence of express acceptance by ESI School, be unenforceable against the latter, regardless of when it may have been brought to its attention.
The Terms and Conditions may be updated; however, the applicable Terms and Conditions are always those in effect at the time of purchase of the Services.
The Terms and Conditions are available at any time on the ESI School website and at the ESI School offices.
1. Season opening:
The ESI School is open from December 18th to April 15th .
2. Services:
The services offered are those presented on the ESI School website and in its offices.
They include:
● Teaching services, including individual or group lessons in skiing, snowboarding and other sliding sports;
● possibly additional services (ski lift passes, insurance, meals…).
3. Participation :
Participation in the Teaching Services requires :
● good physical health (in specific cases, contact the ESI School),
● Equipment suitable for winter sports,
● and compliance with the instructions given by the instructor.
The Client acknowledges having full knowledge of these conditions of participation in the Services.
The Client releases the ESI School, its directors and its members from all claims and legal actions relating to injuries or damages caused to him/herself and/or to third parties and caused in any way whatsoever, arising out of or as a result of his/her participation in the subscribed Services.
4. Framework:
The instructors at ESI School are state-certified professionals in their respective fields (or are currently working towards their state certification).
Participation in teaching activities is subject to their assessment based on the students’ moral and physical abilities.
5. Security:
The feasibility of any teaching activity is subject to the instructors’ assessment based on weather and snow conditions, as well as the participants’ abilities. All instructors have radio or telephone contact with the resort’s ski patrol and the ESI school’s central office.
6. Weather conditions:
Weather conditions are not, under any circumstances, grounds for cancellation or postponement of Services by the Client, provided that the Services remain guaranteed by ESI School.
The Client is not entitled to any refund for Services booked or to postpone their execution for this reason.
7. Assurance :
The teaching services do not include insurance.
The Client is therefore informed that it is their responsibility and at their expense to take out a personal insurance policy covering at a minimum bodily injury to which their sporting activity may expose them in accordance with article L. 321-4 of the Sports Code and possibly cancellation of courses, medical assistance and repatriation costs.
8. Ordering process:
8.1. Booking:
Services are ordered exclusively by reservation :
● either in person directly at the ESI School offices,
● either by email to contact@esi-7laux.fr,
● either on its online booking site,
● either on the central ESI booking platform.
The possibility of booking services is subject to availability and therefore to confirmation by ESI School.
For services taking place during school holidays, clients are strongly advised to book in advance.
The Client may order Services on his own behalf or on behalf of one or more relatives; in the latter case, the Client acknowledges having received from this relative the authorization to use his personal data and subscribe to Services in his name.
The Client is solely responsible for the truthfulness and accuracy of the information he/she provides when booking Services for himself/herself and/or on behalf of relatives.
Registration for an educational service, in whatever form, is nominative, personal and non-transferable; the Client may not assign or transfer to anyone in any way whatsoever, free of charge or for consideration, any educational service subscribed to in his name or in the name of a relative.
8.2. Payment:
Services are payable in full at the time of booking.
If the Client books Services remotely (via the ESI website or central booking platform), payment can only be made by credit card (VAD). Accepted payment methods for in-person bookings at the ESI School offices are: Check, Credit Card via Electronic Payment Terminal, Cash, and Holiday Vouchers.
8.3. Order Confirmation:
The booking of Services becomes final only upon receipt of full payment and validation by ESI School.
The final booking of Services results in the issuance of a course card, sent electronically or delivered on-site, depending on the booking method used.
All orders constitute express and irrevocable acceptance of the prices and descriptions of the Services, as well as the General Terms and Conditions.
8.4. Online Orders:
ESI School is only bound by an obligation of means for all stages of access to its online sales site or the ESI central booking platform and the ordering process.
Consequently, it cannot be held liable for any inconvenience or damage inherent in the use of the Internet, including service interruptions or connection failures to ESI School’s online sales site or the ESI central booking platform, external intrusions or the presence of computer viruses, or any event considered force majeure under applicable law and jurisprudence.
9. Right of withdrawal for online orders:
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 insofar as they constitute, within the meaning of Article L 221-28 12° of the same Code, services of leisure activities to be provided on a specific date or during a specific period.
10. Modification and Cancellation of Services :
• Any withdrawal or cancellation of Services by the Client will not give rise to any refund or postponement except in cases of force majeure as provided for in article 17 duly justified within forty-eight (48) hours.
• No refund or postponement of Services will be given for : any Service interrupted or not used due to an insufficient physical and/or technical level of the participant;
a case of cessation of Services independent of the will of the ESI School (shutdown of ski lifts, bad weather, safety measures, etc…) ;
the modification or cancellation by the instructors, with or without prior notice, of the Services for reasons related to weather or safety conditions;
• The times for the execution of the Services may be modified according to the opening and closing times of the ski lifts without any of the participants being able to claim any compensation.
• ESI School may have to cancel the teaching services booked by a Client in the event of insufficient number of participants in a group course or unforeseen unavailability of an instructor without the possibility of replacing him immediately : in this case, the Client will be reimbursed for all sums paid in relation to the Service concerned.
• If a refund should take place for any reason, the ESI PRO 7 ski school will retain 10% of the amount paid, corresponding to the processing fees, online sales fees and bank fees.
11. 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 where the ESI School is located (cluster of contamination),
● local/departmental/regional travel restrictions concerning the Client’s place of residence (cluster of contamination) upon presentation of an official document,
● quarantines imposed between the Client’s country and France upon presentation of an official document,
● an administrative closure of the ski lifts and/or reception facilities of the resort in which the ESI School is located.
In the aforementioned circumstances, the execution of the Services reserved by the Client will be postponed to the extent possible and failing that, the price paid will be fully refunded or pro rata temporis to the Client.
On the other hand, apart from the aforementioned circumstances, a Client who decides not to travel or to interrupt the Services purchased due to COVID – 19 or a similar health situation will not be entitled to any refund or modification of the Services paid for.
12. Price:
The prices of the services offered on the ESI School website and in its offices are listed in euros and include all taxes, taking into account the VAT applicable on the day of registration and payment.
Any change in the VAT rate may be reflected in the price of the services.
The prices for Services are those in effect at the time the Client registers .
ESI School reserves the right to increase its prices at any time; the price increase will take effect on the date the new rates are published online.
In the event of a pricing error (a price clearly lower than the actual value of a Product), ESI School reserves the right to cancel the order and, if it has been confirmed, to refund the sums paid as soon as possible; in this case,
ESI School will not be liable for any compensation to the Client.
The prices quoted for teaching services do not include insurance, necessary equipment, or ski lift passes.
These are subject to additional services which, if available, are billed separately according to the rates displayed on the ESI School website and in its offices.
13. Performance of Services:
For the proper execution of the purchased Services, the Client undertakes to provide fair and truthful information during the ordering process and to subsequently respect the instructions provided in the email confirming his reservation and, in particular, concerning the place, day and time of gathering for the start of the teaching Services.
In the event of a delay at the agreed meeting point, the Client will not be entitled to any refund, even partial, of the price paid, nor to any compensation.
The same applies if, for a group lesson, the instructor in charge of the group corresponding to the level declared by the Client decides to change the student to a group more suited to their actual level, subject to availability : it should be noted that the homogeneity of the students’ levels is crucial within a group for the smooth running and quality of the Main Services.
14. Photos and videos:
ESI School uses photos and videos taken during the performance of Services on its social media and/or for promotional purposes.
Participation in the Services implies authorization for participants to have their image used in this way.
The Client has the right to withdraw this authorization at any time by informing the ESI School in writing; if this refusal should be expressed after the production of materials of any type representing the Client or his relatives, the Client agrees in advance to allow the ESI School sufficient time to allow it to make an equivalent communication.
15. Responsibility
15.1. Principle:
ESI School shall not be liable for damages resulting from errors in documents or information provided by the Client.
Except in cases of gross negligence or willful misconduct, ESI School’s total liability to the Client under these Terms and Conditions, regardless of the legal basis or nature of the damage, shall not exceed the price paid by the Client.
This excludes any non-performance or defective performance due to force majeure or fortuitous events as defined in Article 17 below, or due to the Client’s own actions.
ESI School’s total liability under these Terms and Conditions is limited to direct material damages caused to the Client resulting from duly proven faults attributable to ESI School.
15.2. 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.
Neither the instructor nor the ESI School is bound by any obligation of result in this regard.
16. Data protection:
ESI School collects personal data from the Client and/or their relatives through the Client for the sole purpose of responding to requests for information and booking of Services, for file tracking, for maintaining its accounting, computer databases and schedules and/or for commercial monitoring purposes (including administrative, accounting, commercial and statistical management) or for providing information on the news of ESI School and its Services.
Personal data is collected only to the extent that the information is strictly necessary for the ESI School for the proper execution of its services and more generally for compliance with the General Terms and Conditions.
This personal data remains strictly confidential.
This data is intended for ESI School but may also be shared with ESI School’s partners or subcontractors to ensure the proper execution of the services ordered by the Client or to assist the Client in meeting its own needs.
These third parties are, however, only authorized to use this personal data as subcontractors for and within the scope of the service commissioned from them by ESI School.
ESI School ensures beforehand that these trusted third parties act in accordance with the rules set out by the French Data Protection Act No. 78-17 of 6 January 1978 as amended and the European Regulation 2016/679 of 27 April 2016 on the protection of personal data (hereinafter referred to as the “Personal Data Legislation”).
In accordance with the legislation relating to personal data, natural persons whose data is collected by the ESI School have the following rights:
● Right of access to personal data concerning them ;
● Right to inquire about the use of their personal data ;
● Right to rectification of their personal data;
● Right to object, on legitimate grounds, to the processing of their personal data
the subject of processing or their use for marketing purposes
particularly commercial;
● Right to define guidelines regarding the fate of their personal data after
their death.
The individuals concerned may exercise all of these rights at any time with the ESI School by sending a request to that effect by mail or email. The ESI School responds to requests from the individuals concerned as quickly as possible and in accordance with applicable law.
The data collected by the ESI School is kept for the legally prescribed period.
ESI School 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 and in particular to prevent it from being modified, damaged or communicated to unauthorized persons, subject to the obligations which may be incumbent upon it under Law No. 2004-575 of 21 June 2004 for Confidence in the Digital Economy.
17. Force majeure
Events considered as such include, but are not limited to, war, riots, insurrection, civil unrest, epidemics, and strikes of any kind.
ESI School will inform the Client of any unforeseen event or force majeure within seven (7) days of its occurrence and may suspend the performance of Services for the duration of the impediment, without incurring any liability whatsoever. In this case, the performance of Services will be postponed for a period equal to the duration of said impediment.
ESI School also accepts course cancellations upon presentation of a medical certificate, at least forty-eight (48) hours before the session to be eligible for a refund.
18. Applicable Law and Disputes – Consumer Mediation:
The General Terms and Conditions are subject in all their provisions to French law and are governed by the French language for their interpretation.
The execution by ESI School of all or part of its obligations will be suspended in the event of the occurrence of a fortuitous event or force majeure, as defined by Article 1218 of the Civil Code, which would hinder or delay its execution.
In the event of a dispute between the Client and the company, they will endeavor to resolve it amicably (the Client will send a written complaint to the professional or, where applicable, to the professional’s Customer Relations Department).
If no amicable agreement is reached, or if the professional fails to respond within a reasonable period of one (1) month, the Client, as a consumer within the meaning of Article L.133-4 of the French Consumer Code, has the option of contacting, free of charge, the competent mediator listed on the register of mediators established by the Consumer Mediation Evaluation and Control Commission pursuant to Article L.615-1 of the French Consumer Code, namely:
La Société Médiation Professionnelle.
www.mediateur-consommation-smp.fr
24 rue Albert de Mun – 33000 Bordeaux
19. Independence of clauses
If any article of the General Terms and Conditions were to be deemed null and void or unenforceable, the validity or enforceability of the other provisions of the General Terms and Conditions would not be affected.
20. Waiver
The fact that ESI School does not, at any time, require performance by the Client or does not invoke any provision of the General Terms and Conditions cannot, under any circumstances, be interpreted as an express or tacit waiver of its right to require the scrupulous performance of the commitments undertaken by the Client.
21. Title
The article titles are for guidance only.
They have no bearing on the interpretation of these articles.
