These General Terms and Conditions of Sale (hereinafter the “GTCS”) define the legal framework governing the relationship between ESi Génération Ski School and its clients (hereinafter the “Client(s)”).
ESi Génération Ski School and the Client may hereinafter be referred to jointly as the “Parties” or individually as a “Party.”
The purpose of the GTCS is to define the terms and conditions under which École ESi Génération markets its services (hereinafter the “Services”), which are available solely upon registration.
They therefore apply to all sales of Services provided by École ESi.
Consequently, placing an order implies the Client’s full and unreserved acceptance of the GTCS.
The Client declares having read the GTCS prior to booking and purchasing Services and accepts them without restriction or reservation, in their entirety.
Any condition contrary to the GTCS stipulated by the Client shall be unenforceable against ESi Génération Ski School unless expressly accepted by the latter, regardless of when such condition may have been brought to its attention.
The GTCS may be updated; however, the applicable terms are always those in force at the time of the purchase of the Services.
The GTCS are available at any time on the ESi Génération Ski School website and at the offices of ESi Génération Ski School.
1. Season opening :
The ESi Génération Ski school is open from December 1st to April 19th.
2. Benefits :
The services offered are those presented on the ESI School’s website and in its offices.
They include:
● Teaching services and in particular courses, individually or collectively, for skiing, snowboarding, and other sliding sports;
● possibly additional services (ski lift packages, insurance, meals…).
3. Participation:
Participation in the instructional services requires:
● good physical health (for specific cases, please contact the ESi School),
● equipment suitable for winter sports,
● and compliance with instructions given by the instructor.
The Client acknowledges being fully aware of these conditions for participation in the Services.
The Client releases the ESi School, its executives, and its members from all claims and legal actions regarding injuries or damage sustained by the Client and/or third parties—however caused—arising from or in connection with their participation in the purchased Services.
4. Supervision:
ESi Génération School instructors are state-certified professionals in their respective disciplines (or are currently training for their state certification).
Participation in any instructional service is subject to the instructors’ assessment based on the students’ mental and physical aptitude.
5. Safety:
The feasibility of any instructional service is subject to the instructors’ assessment based on weather conditions, snow conditions, and the participants’ aptitude. All instructors are equipped with radio or telephone links to the resort’s ski patrol service and the ESi School’s central office.
6. Weather Conditions:
Weather conditions do not, under any circumstances, constitute grounds for the Client to cancel or postpone the Services, provided that ESi Génération Ski School continues to provide the Services.
For this reason, the Client is not entitled to any refund for the purchased Services or to a postponement of their delivery.
7. Insurance:
Instruction services do not include insurance.
The Client is therefore advised that it is their responsibility and at their own expense to take out a personal insurance policy covering, at a minimum, bodily injury associated with their sporting activity—in accordance with Article L. 321-4 of the Sports Code—as well as, optionally, lesson cancellation, medical rescue, and repatriation costs.
8. Ordering process:
8.1. Booking:
Services must be booked in advance:
● in person at the ESi Génération School offices,
● by email at esigeneration@gmail.com,
● via the online booking site,
● or via the central ESi booking platform.
Service bookings are subject to availability and, consequently, confirmation by the ESi School.
For services during school holiday periods, Clients are strongly advised to book in advance.
The Client may book services for themselves or on behalf of one or more other persons; in the latter case, the Client acknowledges having obtained authorization from said person(s) to use their personal data and to book services on their behalf.
The Client is solely responsible for the truthfulness and accuracy of the information provided when booking Services for themselves and/or for others (such as family members).
Registration for an instructional Service, in any form, is specific to the named individual, personal, and non-transferable; the Client may not assign or transfer—in any manner, whether free of charge or for a fee—any instructional Service purchased in their own name or that of another person.
8.2. Payment:
Services must be paid for in full at the time of booking.
If the Client books Services remotely (via the website or the ESi central booking platform), payment may only be made by bank card (remote payment). Payment methods accepted for on-site bookings at ESI School offices are: Cheque, Bank Card (via electronic payment terminal), Cash, and *Chèques Vacances* (holiday vouchers).
8.3. Order Confirmation:
The booking of Services becomes final only upon receipt of full payment of the corresponding price and confirmation by the ESi Génération School.
Once the booking is finalized, a lesson card is issued; this is sent electronically or handed over in person, depending on the booking method used.
Any order constitutes express and irrevocable acceptance of the prices and descriptions of the Services, as well as the General Terms and Conditions of Sale.
8.4. Online Orders:
ESi Génération Ski School is bound only by an obligation of means regarding all stages of accessing its online sales site or the central ESi 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 affecting the École ESI online sales site or the central ESI booking platform, external intrusions, the presence of computer viruses, or any event classified as *force majeure* under applicable law and case law.
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 distance selling does not apply to the Services, as they constitute—within the meaning of Article L. 221-28 (12°) of the same Code—leisure services to be provided on a specific date or during a specific period.
10. Modification and Cancellation of Services:
• Any withdrawal or cancellation of a Service by the Client shall not entitle the Client to any refund or rescheduling, except in cases of *force majeure* as provided for in Article 17, provided such cases are duly substantiated within forty-eight (48) hours.
• No refund or rescheduling of the Service shall be granted for: any Service interrupted or not utilized due to the participant’s insufficient physical and/or technical ability;
any suspension of Services beyond the control of the ESI School (e.g., lift closures, adverse weather, safety measures, etc.);
any modification or cancellation of Services by instructors, with or without notice, due to weather or safety conditions;
• Service schedules may be adjusted according to lift opening and closing times; participants shall not be entitled to any compensation in such cases.
• The ESI School reserves the right to cancel instructional Services booked by a Client in the event of insufficient participation in a group lesson or the unforeseen unavailability of an instructor who cannot be immediately replaced; in such cases, the Client will be refunded the full amount paid for the Service in question.
• Should a refund be issued for any reason, the ESi Génération Ski School will retain 10% of the amount paid to cover administrative, online sales, and banking fees.
11. Specific conditions related to the COVID-19 health situation
The COVID-19 situation may result in:
● general travel restrictions in France or in the Client’s country,
● local, departmental, or regional travel restrictions affecting the resort where the ESI School is located (outbreak area),
● local, departmental, or regional travel restrictions affecting the Client’s place of residence (outbreak area), subject to presentation of official proof,
● mandatory quarantine requirements between the Client’s country and France, subject to presentation of official proof,
● an administrative closure of ski lifts and/or resort facilities where the ESI School is located.
In the aforementioned scenarios, the provision of the services booked by the Client will be postponed whenever possible; failing that, the price paid will be refunded to the Client in full or on a pro-rata basis.
However, except in the aforementioned cases, a Client who decides not to travel or to cut short the purchased Services due to COVID-19 or a similar health situation shall not be entitled to any refund or modification of the Services paid for.
12. Prices:
The prices for Services offered on the ESI School website and at its offices are quoted in euros, inclusive of all taxes, and reflect the VAT rate applicable on the date of registration and payment.
Any change in the tax rate may be passed on to the price of the Services.
Service prices are those in effect at the time the Client’s registration is recorded.
ESI School reserves the right to increase its prices at any time; price increases 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), the ESi School reserves the right to cancel the order and, if it has been confirmed, to refund the amounts paid as soon as possible.
ESi Génération School shall not be liable for any compensation to the Client.
The prices quoted for instruction services do not include insurance, necessary equipment, or the ski lift pass.
These items are subject to additional services which, if available, are billed separately according to the rates displayed on the ESi School website and at its offices.
13. Performance of Services:
To ensure the proper performance of the purchased services, the Client agrees to provide accurate and truthful information during the ordering process and to subsequently comply with the instructions provided in the booking confirmation email—particularly regarding the meeting point, day, and time for the start of the instruction services.
In the event of a delay at the designated meeting point, the Client shall not be entitled to any refund—whether partial or full—of the price paid, nor to any compensation.
The same applies if, during a group lesson, the instructor in charge of the group corresponding to the level declared by the Client decides to move the student to a different group that matches their actual ability (subject to availability); it should be noted that a consistent skill level among students is crucial for the smooth running and quality of the Main Services.
14. Photos and videos:
The ESI School uses photos and videos taken during the provision of Services on its social media channels and/or for promotional purposes.
Participation in the Services implies the participants’ consent to the use of their image in this manner.
The Client, however, has the right to withdraw this authorization at any time by informing ESI School in writing. If this refusal is expressed after the creation of any type of material depicting the Client or their relatives, the Client agrees in advance to allow ESI School sufficient time to produce equivalent material.
15. Liability
15.1. Principle:
ESi Génération Ski School shall not be held 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 the 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 actions.
ESI School’s overall 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 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 or contact details of said third party.
Neither the instructor nor the ESI School is subject to any obligation of result in this regard.
16. Data protection:
The ESI School collects personal data concerning the Client and/or their family members—via the Client—solely for the purpose of responding to requests for information and service bookings, managing files, maintaining accounting and IT databases and schedules, and/or for sales follow-up (including administrative, accounting, commercial, and statistical management) or providing updates on the ESI School and its services.
Personal data collection is limited to the information strictly necessary for the ESI School to properly perform its services and, more generally, to comply with the General Terms and Conditions of Sale.
Such personal data remains strictly confidential.
This data is intended for the ESI School but may also be shared with the ESI School’s partners or subcontractors to ensure the proper performance of services ordered by the Client or to assist in meeting the Client’s specific needs.
However, such third parties are authorized to use said personal data in the capacity of a subcontractor only for, and within the scope of, the service commissioned by the ESI School.
ESI Generation ensures beforehand that these trusted third parties act in compliance with the rules set forth in the Data Protection Act No. 78-17 of January 6, 1978 (as amended) and European Regulation 2016/679 of April 27, 2016 on the protection of personal data (hereinafter referred to as “Personal Data Legislation”).
Pursuant to Personal Data Legislation, the individuals concerned by the data collected by École ESI have the following rights:
● Right of access to their personal data;
● 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
or to their use for solicitation purposes,
particularly for commercial purposes;
● Right to define directives regarding the fate of their personal data after their death.
The individuals concerned may exercise all these rights at any time by contacting École ESI via a written request sent by mail or email. École ESI responds to requests from the individuals concerned as soon as possible and in accordance with applicable law.
Data collected by École ESI is retained for the prescribed statutory period.
École ESI undertakes not to infringe upon the privacy of Users and to take all necessary precautions to safeguard the security and confidentiality of their personal data—specifically to prevent it from being altered, damaged, or disclosed to unauthorized persons—subject to any obligations incumbent upon it under Law No. 2004-575 of June 21, 2004, on Confidence in the Digital Economy.
17. Force majeure
These include, without limitation: war, riots, insurrection, civil unrest, epidemics, and strikes of any kind.
ESI School shall notify the Client of any unforeseeable event or force majeure within seven (7) days of its occurrence and may suspend the performance of the Services for the duration of the impediment, without incurring any liability whatsoever. In such a case, the performance of the Services shall be postponed for a period equal to the duration of said impediment.
ESI School also accepts course cancellations upon presentation of a medical certificate, provided this is submitted at least forty-eight (48) hours before the scheduled session to qualify for a refund.
18. Applicable Law and Disputes – Consumer Mediation:
These General Terms and Conditions of Sale are subject in all respects to French law, and the French language shall govern their interpretation.
ESI School’s performance of all or part of its obligations shall be suspended in the event of an unforeseeable event or force majeure, as defined by Article 1218 of the Civil Code, that hinders or delays such performance.
In the event of a dispute between the Client and the company, they shall endeavor to resolve it amicably (the Client shall submit a written complaint to the professional or, where applicable, to the professional’s Customer Relations Department).
Failing an amicable agreement, or in the absence of a response from the professional within a reasonable period of one (1) month, a Client qualifying as a consumer under Article L.133-4 of the Consumer Code may—if the disagreement persists—refer the matter free of charge to 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 Consumer Code, namely:
La Société Médiation Professionnelle
www.mediateur-consommation-smp.fr
24 rue Albert de Mun – 33000 Bordeaux
19. Severability
If any provision of the General Terms and Conditions were to be deemed void or unenforceable, the validity or enforceability of the remaining provisions would not be affected.
20. Waiver
The failure of ESi Génération School, at any time, to require performance by the Client or to enforce any provision of the General Terms and Conditions shall not, under any circumstances, be construed as an express or implied waiver of its right to demand strict compliance with the obligations undertaken by the Client.
21. Headings
The article headings are for guidance only.
They do not affect the interpretation of these articles.
