General Terms and Conditions for Distance Selling

E.S.F. of Isola 2000
Address: Immeuble le tavels
Phone: 04.93.23.28.00
E-mail:esf.isola.resa@wanadoo.fr
Hereinafter referred to as "E.S.F." You can now sign up for the services dispensed by E.S.F. instructors via our site, by phone, by fax or by any other means of remote communication. For online sales via our site, simply follow the online registration instructions and your order will be transmitted automatically to the E.S.F. For the other distance selling modes, please contact the E.S.F. Registration for the services of the E.S.F. implies unreserved acceptance of these general terms and conditions. ARTICLE I – SERVICES All E.S.F. instructors have received training validated by the French State and possess currently-valid authorisation to teach skiing and associated disciplines. Teaching shall be implemented according to the French Ski Method (Méthode du Ski Français), codified by the French Ski Instruction Handbook (Mémento de l’enseignement du Ski Français), published by the French Sports Ministry and recognised nationally and internationally. This instruction may take place in all environments and on all types of snow appropriate for acquiring the skills covered by the Handbook. The services are dispensed individually or in groups. The smooth running of lessons presupposes a uniform skills level of the skiers under instruction. On account of the material impossibility for E.S.F. instructors to check the level of each pupil prior to registration, the pupils themselves are responsible for choosing their technical level, selected with reference to the grid drawn up by the E.S.F. Consequently, the E.S.F. reserves the right to transfer skiers to groups more suitable to their actual skills level, when this does not match their declared level, subject to other groups' capacity to incorporate them. Skiers may not claim any reimbursement or compensation on account of this, arising from the skier's declaration alone. Learning to ski takes place in a specific environment with random characteristics. Its practice therefore makes it incumbent on pupils to take personal responsibility for their own safety and that of others. The responsibility of the instructor is therefore limited to a best-efforts obligation. It is the responsibility of the pupil to respect the instructor's instructions. Pupils are solely responsible for their own equipment. The E.S.F. shall not be held liable for any accidents caused by skiers taking part in lessons.
ARTICLE II – INSURANCE The service provider subscribes to Professional Civil Liability insurance that covers the instructors in the exercise of their duties against claims from third parties and covers the practitioners during the time that they are under the authority of the E.S.F. and the instructor. Customers and/or pupils are solely responsible for their own equipment. The instructors shall not be held liable for any damage caused by this equipment or in the event of loss of or damage to this equipment.
ARTICLE III – PRICES / REGISTRATION / PAYMENT 3.1: Prices The E.S.F. prices are presented on the online sales site, accessible via esf.net and via the specific E.S.F. site. The prices stated comprise the teaching service dispensed by an E.S.F. instructor, to the exclusion of any other service (insurance, ski lifts, accommodation, etc.), except in specific cases. Consequently, pupils shall, before the scheduled lesson time, be in possession of a pass to access the ski lifts and, at the pupil's discretion, insurance to cover the pupil against the inherent risks of practising sport in a mountain environment (civil liability, mountain rescue, etc.). 3.2: Terms of registration and payment
3.2.1: For online sales made via our site: You need to pursue the booking procedure stated on the site. Once paid for online, your booking will be transmitted to E.S.F. You will immediately receive acknowledgement of your order by e-mail. Payment is made in full when you make your booking via the online site of the E.S.F. This payment signals the conclusion of the contract. This is confirmed by the sending of an e-mail. A single means of registration and payment is available to you: transmission over the Internet of your booking and bank transfer to E.S.F. via S-money (secure service developed by a company of the Groupe Banque Populaire Caisse d’Epargne). The E.S.F. only guarantees the availability of the lessons that are proposed at the time when the contract is concluded.
3.2.2: For the other distance selling modes: Registration takes place by sending a booking form accompanied by the full payment by cheque, bank card, etc., to E.S.F. The E.S.F. only guarantees the availability of the lessons that are proposed at the time when the contract is concluded. This payment signals the conclusion of the contract. ARTICLE IV – RIGHT OF WITHDRAWAL NOT APPLICABLE The right of withdrawal within 14 days as stipulated in article L221-18 of the French Consumer Code is not applicable to services proposed for sale in application of 12° of article L.221-28, concerning leisure activity services that are to be provided on a specific date.
ARTICLE V – REQUEST FOR REIMBURSEMENT OF MEDALS Valid only if purchasing an ALL-IN PACKAGE: Ski lessons + medal. If you have purchased an ALL-IN PACKAGE (ski lessons + medal) and you do not wish to receive a medal, it is possible to obtain reimbursement of the medal, at the public price, by request at the E.S.F. ticket office during the period of the lessons. After the final day of lessons, no reimbursement shall be possible.
ARTICLE VI – CANCELLATION OR INTERRUPTION BY THE CUSTOMER 6.1: Cancellation of a booking prior to the 15 days preceding the start of the service: • If you have subscribed to personal cancellation insurance (in particular, that proposed by the E.S.F. when purchasing online) please refer to the insurance conditions. • If you have not subscribed to cancellation insurance and provided there is a legitimate reason (inability to ski certified by a medical certificate covering the period of the service): the E.S.F. shall propose to postpone the service if possible, and if not shall reimburse all sums paid. • In all other cases: the E.S.F. shall reimburse you the price paid less the registration costs (10% of the transaction, for a minimum of €20) plus a penalty for breach of contract (10% of the transaction, for a minimum of €20). 6.2: Cancellation of a booking within 15 days of the start of the service: • If you have subscribed to personal cancellation insurance (in particular, that proposed by the E.S.F. when purchasing online) please refer to the insurance conditions. • If you have not subscribed to cancellation insurance and provided there is a legitimate reason (inability to ski certified by a medical certificate covering the period of the service): the E.S.F. shall propose to postpone the service if possible, and if not shall reimburse all sums paid. • In other cases: the E.S.F. shall withhold 50% of the price paid. 6.3: Interruption during the service: • If you have subscribed to personal cancellation insurance (in particular, that proposed by the E.S.F. when purchasing online) please refer to the insurance conditions. • If you have not subscribed to cancellation insurance and provided there is a legitimate reason (inability to ski certified by a medical certificate covering the period of the service): the E.S.F. shall propose to postpone the service if possible, and if not shall reimburse the non-consumed part of the service in the form of credit calculated on the basis of the unit price.
ARTICLE VII – CANCELLATION / INTERRUPTION / EXCLUSION BY ESF 7.1: Cancellation/interruption The E.S.F. reserves the right to cancel or terminate the lessons in the event of closure of the slopes or of the ski lifts or if the weather conditions make it dangerous for the group to access the skiing areas. 7.2: Reimbursement • In any of the cases stated in article 7.1: the E.S.F. shall reimburse the sums paid by the customer in the event of the service being cancelled, and in the case of service interruption shall grant the customer credit calculated on the basis of the unit price. • In all other cases: the E.S.F. shall reimburse the sums paid by the customer and shall also pay the customer compensation equal to these sums in the event of cancellation of the service, and in the event of interruption shall grant the customer credit calculated on the basis of the unit price, and shall also pay the customer compensation equal to the sum of the credit. 7.3: Exclusion The E.S.F. reserves the right to exclude at any time anyone whose behaviour is likely to disrupt the progress and threaten the safety of the lesson. In this case, the customer cannot claim any reimbursement.
ARTICLE VIII – PERSONAL DATA PROTECTION In the framework of the services that it proposes, the E.S.F. may collect the personal data of its users. The collection of these data is subject to the provisions of the General Data Protection Regulation (GDPR) of 25 May 2018, and the French Data Protection Act of 6 January 1978 (consolidated).
8.1: Collecting data & obtaining consent The data collected upon the voluntary registration of an E.S.F. user are: their last name, first name, postal address, email address and telephone number. This information is strictly required for the implementation of this contract, as consented to by the user. Photos may be taken or video recordings made during lessons and competitions. The consent of the pupils (or of their legal representative when they are minors) for broadcasting these images is obtained via a form.
8.2: Purpose of data processing These data are collected exclusively for the exercise of E.S.F. activities. The S.N.M.S.F. (Syndicat National des Moniteurs du Ski Français - National Association of French Ski Instructors), owner and promoter of the ESF trademark, reserves the right to send information to the users of the E.S.F. concerning ESF activities. Users may, at any time, unsubscribe from the mailing list. The collected data may also be used for commercial promotion purposes for the ESF brand, subject to the express agreement of the user.
8.3: Personal data processing responsibility The E.S.F. is responsible for the processing of the personal data of users collected for the exercising of its activities.
8.4: Recipients of these data The collected data are for the attention of the E.S.F. and S.N.M.S.F. management team. The data are processed with the utmost confidentiality and are not communicated to any third parties without obtaining express consent from the user concerned.
8.5: Security of processing The information obtained is saved in an E.S.F. and S.N.M.S.F. computer file. Appropriate technical and organisational measures are taken to prohibit unauthorised access or the disclosing of personal user data.
8.6: Right of opposition, access, rectification and deletion Any client of the E.S.F. has a right of opposition, access, rectification and deletion for their personal data. To exercise this right, they must send their request by clicking on the following link: [link to contact form (see service provider managing the site)] For statistical purposes, these data may be rendered anonymous and global.
8.7: Storage duration The collected data are stored and archived by the E.S.F. and the S.N.M.S.F. They shall be rendered anonymous at the end of three consecutive seasons from the booking date, if the user does not respond to any solicitation from the E.S.F.
ARTICLE IX – SETTLEMENT OF DISPUTES The parties shall strive to resolve amicably any difficulties that may arise during the execution of the contract. If no amicable agreement can be found, all disputes relative to the validity, interpretation and execution of this agreement shall be governed exclusively by French law. All disputes, of whatsoever nature, shall be subject to the exclusive jurisdiction of French civil and commercial courts, including any/all summary proceedings.
ARTICLE X – MEDIATION After reporting the matter to the E.S.F. management, and in the absence of a satisfactory response or in the absence of any response within 60 days, the customer may bring the complaint before the Tourism and Travel mediator, whose contact and procedural details may be found on the site: www.mtv.travel.
General terms and conditions for distance selling / updaded 5 April 2018