A. If Serre Chevalier Ski Lifts are subject to an administrative closure by the French government due to COVID-19 / another pandemic, ESI GENERATION will refund all clients who booked services (lessons or equipment rental) due to take place after the date of closure.
B. If travel restrictions, imposed by your government or ours, prevent you from travelling to resort to participate in the lessons / use the equipment you had booked, ESI GENERATION will refund you in full. This includes if governments impose quarantine on arrival in France or your home country.
C. Refunds will be made within 2 months of the date the services were due to begin.
Article 1 – Introductory statements
1.1. These general terms and conditions of sale (or “GTCS”) apply to all bookings for ski and/or snowboard instructional services (or the “Instructional Services”), where applicable including other services such as meals and ski lift passes (the “Ancillary Services”), referred to collectively as the “Services”, which are made by a consumer or non-professional (the “Customer”) with ESI GENERATION, as described below.
The Services are more fully described on the ESI GENERATION website, available at: https://www.esi-generation.com (the “Website”).
1.2. ESI GENERATION, is a Local Syndicate of Ski Instructors, N° SIRET 78968010500010, having its head office at Le Serre d’Aigle 05330 ST CHAFFREY, which manages ski and snowboard schools at Serre Chevalier:
1.3. To conduct business, the School hold the following authorisations:
– No. reporting institution, departmental management of the protection of people and social cohesion (DDCSPP) Hautes Alpes: 0598ET0042
1.4. Any booking or order for Services implies the Customer’s express acceptance of the GTCS, of which the Customer acknowledges receipt (they are posted at the Companies’ business premises, available on the Website and/or disclosed to the Customer prior to any reservation or booking). The GTCS prevail over any other provisions.
The information set forth in these GTCS, as well as that appearing on the Website, constitute advance notice to the Customer in accordance with Articles L111-1 et seq. of the Consumer Code.
The Customer acknowledges receipt of all precontractual information, in accordance with the Consumer Code, and by placing an order, accepts them with full knowledge thereof.
Article 2 – Services
The GTCS relate to:
Ski or snowboard Instructional Services, provided individually or in groups by instructors, marketed and managed on their behalf by the involved Companies;
Ancillary Services, specifically those services likely to be sold along with Instructional Services, including meals and ski lift passes.
The Services are more fully described on the website https://www.esi-generation.com
Article 3 – Contracting process – Contract – Term
3.1. The order is placed by the Customer in one of the following ways:
– E-mail, at the applicable Company’s premises or by telephone to the following:
email@example.com +33 (0)492 24 21 51
– through the website https:// www.esi-generation.com: the Customer visits the website and selects the desired Services.
The Customer selects each desired Service and adds it to the basket, then continues to shop. Once all Services have been selected, the Customer reviews the shopping basket, which lists the selected Services and prices, then validates the order. The Customer then enters his personal information (those marked with an asterisk are required for the order to be processed by the Company) or access codes, and must review these GTCS. A summary of the information and the order is then generated. The Customer may correct the shopping basket and the information provided. The Customer must validate the order, which creates an obligation to purchase and pay for the Services. The Customer declares that he owns the method of payment used, and is duly authorised to use it.
Any order in excess of €120 will be archived by the Company in accordance with regulatory requirements and duration. The Customer may access this record by submitting an e-mail request to the applicable Company.
Once the order is placed, the Company will send an acknowledgement of the order to the Customer’s stated e-mail address.
Regardless of the method used, an order is only deemed final, and the Services reserved, when accompanied by payment as described below.
3.2. Contract – Term
These GTCS and the Customer’s order, accompanied by the payment described below, form the contract (the “Contract”).
The Contract is formed for the duration of the Services as set forth in the order.
Article 4 – Price – Payment terms
4.1. Prices are:
– net of tax for Instructional Services;
– inclusive of tax for Ancillary Services;
in euros, calculated based on information that is current when the contract is signed.
Prices in effect at the time the order is placed may be viewed on the Website.
They may be modified without notice in the event of rate increases imposed by suppliers, or in the event of economic disruption. These price adjustments shall not apply to contracts already signed with the Customer.
4.2. An order is only deemed final, and the services reserved, when accompanied by payment of the total amount of the services. In the case of partial payment, the remaining balance must be paid in full one month (30 days) before the start date of the order.
Upon receipt of the order along with the above mentioned payment, an order confirmation and a bill will be sent by the Company to the Customer to the address provided by the Customer, provided the e-mail address is valid.
Services may be paid for using credit card (Visa, Mastercard, Amex), bank transfer, cheque or cash.
As an essential and determining condition of this contract, full payment of the cost of the Services must be made before performance of the Services begins, under the abovementioned terms.
If the Customer fails to pay the amount owed by the stated deadline, the School reserves the right to sell the reserved places and retain the entire deposit.
Article 5 – Modification of Services
Given the organisation and planning required for each School to provide the Instructional Services, the Services can not be modified during the thirty (30) days that precede the start of the Services.
Prior to this thirty (30) day period, modifications (times, number of people, level) can be made to the Services, subject to availability of instructors at the applicable School, with any additional cost being disclosed to the Customer for the Customer’s consent.
Article 6 – Cancellation
6.1. If the Customer cancels the ordered Services:
– upon notice to the applicable Company by registered letter with acknowledgement of receipt at least one (1) month prior to the start of the Services, all amounts paid shall be reimbursed to the Customer, less any costs paid for ski lift passes, within thirty (30) days from initial submission of the abovementioned letter;
– upon notice to the applicable Company by any means less than one (1) month prior to the start of the Services, the amount paid by the Customer (deposit and balance of the amount of Services) shall be owed by the Customer, who shall not receive any reimbursement.
6.2. In case of cancellation by the applicable School and/or Company:
– more than one month before the start of the Services, the Company shall pay the Customer an amount equal to the deposit paid by the Customer plus 10%.
– less than one month before the start of the Services, the School shall pay the Customer an amount equal to the total amount of the Services plus 10%.
Notwithstanding the above, in case of cancellation by the applicable School and/or Company:
– due to a lack of participants a reimbursement or conversion to private lessons will be offered where possible.
– due to an instructor’s illness or injury, the Customer shall only be reimbursed the amounts actually paid, to the exclusion of any additional payment.
– due to weather conditions (insufficient or no snow, too much snow, weather conditions leading to closure of the piste or creating a risk to the Customer), the amounts paid by the Customer shall be retained by the School and/or the Company, and shall not result in any reimbursement or additional payment.
Article 7 – Liability – Force majeure
7.1. Instructional Services
The applicable School must properly perform the Services.
However, the Customer acknowledges that ski and/or snowboard Instructional Services are sold through the applicable Company on behalf of the independent professional instructors responsible for proper performance of the services, and who are solely and entirely responsible for their execution.
Neither the School, the Company nor the instructor shall be held liable for changes to the Instructional Services that are justified due to safety issues, weather conditions or the Customer’s’ technical skills.
7.2. Ancillary services
The applicable Company must properly perform the Services.
7.3. Force Majeure – Act by a third party
Neither the Company, the School nor the instructors shall be deemed liable or in default for any breach of performance of the Services following the occurrence of a case of force majeure.
Nor shall they be held liable for the act of a third party not involved in providing the Services under the Contract, or improper performance of the Contract attributable to the Customer.
Article 8 – Performance of Services
8.1. For performance of the Services, the Customer must appear at the place, date and time stated on the receipt, or as indicated by employees of the applicable Company if the order was placed on School premises.
The Customer may not claim partial reimbursement if the Customer arrives late.
8.2. Interruptions in ski lift operation outside of the Company’s control that impacts proper performance of the Services shall not result in any reimbursement or compensation by the Company to the Customer.
8.3. The Customer should note that the fact of “too much” or “insufficient” snow shall not be attributed to the Company and/or the School. In general, neither the Company nor the School shall be held liable for weather conditions or snow cover, and the Customer shall not be entitled to any compensation, discount or reimbursement. If desired, the Customer should directly take out “snow insurance / cover” with a company other than the School.
Article 9 – Composition of group lessons
The maximum number of participants in each lesson is set at :
– Beginners group lessons: 6;
– Others ski and snowboard group lessons: 8;
However, in rare occasions some lessons may exceed this number, due to the Customer’s over- or underestimation of skiing ability at the time of booking, or due to individuals asking to incorporate a level other than that at the start of the Services.
This may also occur in the following situations:
– Injured or ill instructor requiring placement of students in another lesson;
– For technical or safety reasons, the need for an instructor to transfer a customer to a higher or lower level;
– Customer fatigue or stress that requires transfer into a lower instructional level.
Group lessons taking place in the morning or afternoon may be combined after their start date if the technical levels are comparable and the groups contain few participants.
Every effort shall be made to ensure that the number of students is returned to the above-mentioned number.
However, the fact that there are excess students in the lesson shall not entitle the Customer to seek a discount, reimbursement or compensation.
Article 10 – Helmet use
Because snow sports entail risks, use of a helmet is required for children under age 13, and is highly recommended for all participants.
Helmet use is mandatory in snowboard lessons, regardless of age.
The Companies and Schools also recommend back protection for children, and wrist protection as well as padded shorts for snowboarders.
Article 11 – Insurance
Customers are not covered by the School’s and/or the Company’s civil liability insurance for Instructional Services.
All Customers must insure themselves against the risks of this kind of sporting activity. Ski insurance offered by MMA AZZURO Company is available for purchase at the applicable School’s premises.
Article 12 – Interruption of Services following an accident
The Services are non-refundable in the event the Customer suffers an accident that makes it impossible to use the Services. The Customer is responsible for taking out any specialised insurance policy, such as “cancellation insurance”.
If necessary, at the Customer’s express request, the Company shall provide any supporting documentation to enable the Customer to obtain compensation from its insurance company, in the event an accident occurs during performance of the Services.
Article 13 – Photos & Videos
By using the Services, the Customer accepts the possibility of appearing in photos and videos used by the Companies and/or Schools in promotional materials such as brochures, websites, etc.
In case of refusal, the Customer shall inform the applicable Company by any written means; in such case the Company is prohibited from using such images, and if need be shall remove any images used where possible.
Article 14 – Forbearance – Modifications
Any forbearance by a party concerning the other party’s non-performance or poor performance of one of the provisions of the GTCS shall in no case, regardless of its duration, create any rights for the other party, or change in any way the nature, scope or execution of its obligations.
The Companies may, at any time, modify or adjust the GTCS; such changes shall not apply to Services arising from orders that were finalised before such modification or adjustment.
Article 15 – Right to withdraw
The Customer is reminded of Article L.121-21-8 of the French Consumer Code, reproduced below:
“The right to withdraw can not be exercised for contracts:
12. Lodging services, other than residential housing, property transport services, car rental, dining or leisure activities which must be performed on a specified date or during a specified period; “
Article 16 – Personal information
The Customer’s personal information is subject to processing for the purpose of handling orders for the Services.
In accordance with French Data Protection Act of 6 January 1978, the Client has a right to access, correct or delete any applicable personal data as well as a right to oppose processing of the information.
These rights may be exercised through ESI GENERATION, at the following postal address: Le Serre d’Aigle 05330 ST CHAFFREY or at the following e-mail address: firstname.lastname@example.org.
Article 17 – Claims – Mediation
17.1. Any claim for non-performance or poor performance of the Contract may be submitted by the Customer to the applicable Company by registered letter with acknowledgement or receipt sent to the Company’s head office.
The Company shall use its best efforts to respond to the Customer within three (3) weeks from receipt of such letter.
17.2. In the absence of an agreement between the Company and the Customer, the Customer may use a contractual mediation procedure.
Regardless of the method used to engage the mediator, the Customer’s petition must include the following information: mailing address, e-mail address and telephone number, the Company’s full name and address, a brief statement of the facts, and evidence of previous actions taken with the company.
Article 18 – Election of domicile – Applicable law – Assignment of jurisdiction
The School and the Customer choose as their domicile, their head office and residence, respectively. By express agreement of the parties, the contract arising from a final order is subject to French law.
The parties shall make every effort to amicably resolve any dispute between them concerning the validity, interpretation, performance or termination of the contract.
Any dispute that remains unresolved shall be subject to the exclusive jurisdiction of the courts for the location where the Services were performed.
ESI GENERATION SNOW rental equipment
General terms and conditions of sale – SERRE CHEVALIER
The undersigned declares to have read the terms and conditions concerning the rental of the equipment attributed to him/her, and which are the following:
– All rental equipment is recognised as being in good condition at the moment of hire and must be returned in a similar state.
– A valid credit card is required for all rental equipment
– All rental equipment, being either numbered or marked for identification purposes, must be returned with the same number or identification mark
– In the case of damage to the equipment, the person hiring agrees to pay for all necessary repairs, as stipulated in the invoice or estimate that is presented to him/her. The payment will be processed on the client’s credit card. The payment of the initial rental costs will also be included in the final bill – this will be the case unless the person as insurance against such eventualities.
– The cost of rental is counted from the moment that the person receives the equipment and up until the moment that the equipment is given back. Each day counted is calculated in accordance with the price and conditions publicly displayed. The hired equipment must be returned if requested.
– The paid deposit does in no case represent the value of the hired equipment but is simply a guarantee on the rental.
– Proof of identity may be requested before the equipment is given to the person hiring.
– The theft or loss of any rental material is the entire responsibility of the person hiring. This is unless a guarantee has been signed antecedently (see the column “guarantee”.
– The rented equipment is placed under the supervision of the person hiring, who thereby assumes all responsibility.
The competent powers:
For all litigations, regardless of their nature, the police court, the higher civil courts and the commercial court for the specific judicial district hold all responsibility.
Theft and damage guarantee 1.50€ per person per day.
With the guarantee the following amounts will be payable for theft or damage:
– children’s skis: 40€
– children’s boots: 14€
– évolution skis: 60€
– évolution boots: 30€
– performance skis: 90€
– performance/ prestige / vip / superior snowboard boots: 40€
– prestige skis / standard snowboard: 150€
– standard snowboard boots: 30€
– vip skis / superior snowboard: 250€
Without this guarantee the following amounts will be payable for theft or damage:
– children’s skis: 100€
– children’s boots: 35€
– évolution skis: 160€
– évolution boots: 80€
– performance skis: 220€
– performance/ prestige / vip / superior snowboard boots: 110€
– prestige skis / standard snowboard: 380€
– standard snowboard boots: 80€
– vip skis / superior snowboard: cost of replacement