These general terms and conditions of sale (hereinafter the “GTC”) define the legal framework for the relationships established between École ESI Glisse Passion and its customers (hereinafter the “Customer(s)”).
École ESI Glisse Passion and the Customer may hereinafter also be referred to jointly as the “Parties” or individually as a “Party”.
The purpose of the GTC is to define all the conditions under which École ESI Glisse Passion markets its services (hereinafter the “Services”), which are available only upon registration.
They therefore apply to any sale of services carried out with École ESI Glisse Passion.
Consequently, placing an order implies full and unconditional acceptance by the Customer of the GTC.
The Customer declares having read the GTC before booking and purchasing the Services and accepts them without restriction or reservation, in all their provisions
Any condition contrary to the GTC imposed by the Customer shall therefore, in the absence of express acceptance by École ESI Glisse Passion, be unenforceable against the latter, regardless of the time at which it may have been brought to its attention.
The GTC may be updated; however, the applicable GTC are always those in force at the time of purchase of the Services.
The GTC are available at any time on the École ESI Glisse Passion website and in its office.
1 Season opening:
The reception office for making reservations is open from September to April and the ESI Glisse Passion School is open during the opening dates of the Les Saisies resort.
2 Services:
The services offered are those presented on the ESI Glisse Passion School website and in its office.
They include:
teaching services and in particular lessons, on an individual or group basis, in skiing, snowboarding and other gliding sports;
possibly additional services (lift passes, insurance, meals…).
Each participant must have a lift pass from the start of the Services.
3 Participation:
Participation in the teaching Services requires:
good physical health (special cases, contact ESI Glisse Passion School),
suitable equipment for winter sports,
and compliance with the instructions given by the instructor.
The Customer acknowledges having full knowledge of these conditions for participation in the Services.
The Customer releases ESI Glisse Passion School, its managers and its members from all claims and legal actions relating to injuries or damage caused to the Customer and/or to third parties and caused in any way whatsoever, arising from or as a result of participation in the Services subscribed to.
4 Supervision:
The instructors of the ESI Glisse Passion School are state-certified professionals in their specialties (or preparing for their state diploma).
Any participation in the teaching Services is subject to their assessment based on the moral and physical abilities of the students.
5 Safety:
The feasibility of any teaching service is subject to the instructors’ assessment based on weather conditions, snow conditions, and the participants’ ability.
All instructors have telephone contact with the resort’s slope patrol service and the central office of the ESI Glisse Passion School.
6 Weather conditions:
Weather conditions shall in no case be a reason for cancellation or postponement by the Client of the Services, provided that the Services remain provided by the ESI Glisse Passion School.
For this reason, the Client may not claim any refund for the Services subscribed to or postponement of their performance.
7 Insurance:
The teaching Services do not include insurance.
The Client is therefore informed that it is their responsibility and at their own expense to take out personal insurance covering at least bodily injury to which their sporting activity may expose them, in accordance with Article L. 321-4 of the French Sports Code, and possibly lesson cancellation, medical assistance and repatriation expenses. (Such as “Carré Neige Intégral”)
8 Order process:
8.1 Booking:
The ordering of Services is carried out exclusively by booking:
either directly on site at the office of the ESI Glisse Passion School,
or by phone or e-mail,
or on its online booking site,
or on the ESIRÉSA central booking platform.
The possibility of booking Services depends on their availability and therefore on their validation by the ESI Glisse Passion School.
For services taking place during school holiday periods, Clients are therefore strongly advised to make bookings in advance.
The Client may order services on their own behalf or on behalf of one or more relatives; in the latter case, the Client acknowledges having received from such relative authorization to use their personal data and subscribe to Services in their name.
The Client is solely responsible for the truthfulness and accuracy of the information they provide when booking the services they make on their own behalf and/or on behalf of relatives.
Registration for a Teaching Service, in whatever form, is nominative, personal and non-transferable; the Client may not assign or transfer to anyone in any way, free of charge or for consideration, any Teaching Service subscribed to in their own name or in that of a relative without the agreement of the ESI Glisse Passion School.
8.2 Payment:
The Services are payable in full at the time of booking or at the latest one (1) month before the Service in the event that the booking was made by mail order.
If the Client books Services remotely (website or ESIRÉSA central booking platform), payment may only be made by bank card (VAD).
The means of payment accepted when booking in person at the ESI Glisse Passion School office are: Check, Bank Card on an Electronic Payment Terminal, Cash, Holiday Vouchers, or Sports Coupons.
8.3 Order Validation:
The booking of the Services becomes final only after receipt of full payment of the corresponding price and validation by the ESI Glisse Passion School.
Final booking of the services gives rise to the issuance of a ticket sent electronically or handed over on site 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 T&Cs.
8.4 Online orders:
The ESI Glisse Passion School has, for all stages of access to its online sales website or to the ESIRÉSA central booking platform and the ordering process, only an obligation of means.
Its liability cannot therefore be incurred for any inconveniences or damages inherent in the use of the Internet network, in particular a breakdown of service or failure of connection to the ESI Glisse Passion School online sales website or to the ESIRÉSA central booking platform, external intrusion or the presence of computer viruses, or any event qualified as force majeure in accordance with case law and the law.
8.5 Promotional offers:
The promotional offers proposed by the ESI Glisse Passion School are valid while stocks last and/or during the indicated period. They may not be combined with other current discounts, unless otherwise stated.
The ESI Glisse Passion School reserves the right to modify or cancel any promotional offer at any time, without prior notice, in compliance with the regulations in force.
Any order placed as part of a promotional offer is final once validated, and cannot give rise to a refund of the difference in the event of an omission or input error of the promo code by the customer.
9 Right of withdrawal in the event of an online order:
The right of withdrawal provided for in Article L 221-18 of the French Consumer Code for the benefit of consumers in the context of distance selling does not apply to the Services insofar as they constitute, within the meaning of Article L 221-28 12° of the same Code, leisure activity services to be provided on a specific date or during a specific period.
10 Modification and Cancellation of the Services:
- Any withdrawal from or cancellation of a Service by the Client shall not give rise to any refund or postponement except in the case of force majeure as provided for in Article 17, duly justified within forty-eight (48) hours. It shall nevertheless be possible to cancel your booking up to one (1) full month before the start of the service; an amount of €15 corresponding to administration fees will then be retained.
- No refund or postponement of the Service shall also be granted in the following cases:
any Service interrupted or not used because of insufficient physical and/or technical ability of the participant;
any stoppage of the Services independent of the will of the ESI Glisse Passion School (stoppage of ski lifts, bad weather, safety measures, etc…); any modification or cancellation by the instructors, with or without notice, of the Services for reasons related to weather or safety conditions;
- The performance times for the Services may be modified according to the opening and closing times of the ski lifts, without any of the participants being entitled to any compensation.
- The ESI Glisse Passion School may be required to adjust the teaching services booked by a customer in the event of an insufficient number of participants in a group lesson or the unforeseeable unavailability of an instructor with no possibility of immediate replacement: in such cases,
the “basic”, “basic+” and “premium” group lessons are adjusted as follows:
if 1 participant: 3 hours of lessons provided
if 2 participants: 5 hours of lessons provided
if 3 participants: 7.5 hours of lessons provided
from 4 participants onwards, the initial service is maintained.
the “mini team” group lesson is adjusted as follows:
if 1 participant: 4.5 hours of lessons provided
from 2 participants onwards, the initial service is maintained.
and / or two (2) levels may be grouped together.
The ESI Glisse Passion School may also be required to cancel; the Client will be refunded in full for all amounts paid in respect of the Service concerned.
- ESI Glisse Passion School reserves the right, on an exceptional basis, to add an additional student to an already formed group in the event of force majeure or unforeseen circumstances, such as (non-exhaustive list): the unexpected absence of an instructor, the temporary regrouping of lost children, or any other event beyond the school’s control.
This measure is temporary and exceptional, and is intended to ensure the safety of students and the smooth running of lessons. It gives rise to no claim or compensation, insofar as the general supervision and safety conditions remain respected.
- In the event of an accident involving a participant preventing them from continuing the service, they must refer to the terms of their cancellation insurance.
11 Specific conditions related to the COVID-19 health context
The context related to COVID-19 is likely to result in :
general travel restrictions in France or in the Client’s country,
local/departmental/regional travel restrictions concerning the resort where the ESI Glisse Passion School is located (source of contamination),
local/departmental/regional travel restrictions concerning the Client’s place of residence (source of contamination) upon presentation of official proof,
quarantines imposed between the Client’s country and France upon presentation of official proof,
an administrative closure of the ski lifts and/or the resort’s reception facilities where the ESI Glisse Passion School is located.
In the aforementioned cases, the performance of the Services booked by the Client will be postponed where possible and failing that, the price paid will be refunded less €15 in administration fees or on a pro rata temporis basis to the Client upon proof.
However, outside the aforementioned cases, a Client who decides not to travel or to interrupt the Services purchased due to COVID-19 or a similar health situation shall not be entitled to any refund, nor any modification of the Services paid for.
12 Prices :
The prices of the services offered on the website of the ESI Glisse Passion School, in its brochures and in its office are prices indicated in euros and inclusive of all taxes.
The prices of the services are those in force at the time of registration of the requested enrollment by the Client.
ESI Glisse Passion School reserves the right to increase its prices at any time; the price increase takes effect on the date the new rates are published online.
In the event of a pricing display error (price clearly lower than the actual value of a Product), ESI Glisse Passion School reserves the right to cancel the order and, if it has been confirmed, to refund the amounts paid as soon as possible; in this case, ESI Glisse Passion School shall not be liable for any compensation to the Client.
The prices indicated for teaching services do not include insurance, necessary equipment, or the ski lift pass.
These are subject to additional services which, if available, are billed separately according to the rate displayed on the ESI Glisse Passion School website and in its office.
Any price reduction under a commercial agreement is valid exclusively upon presentation of proof with one of our partners or for purchases made at points of sale.
13 Performance of the Services:
For the proper performance of the Services purchased, the Client undertakes to provide, during the order process, truthful and accurate information and to subsequently comply with the instructions provided in the email confirming the reservation and, in particular, regarding the place, day, and time of assembly for the start of the teaching Services. Please note that for any change accepted by École ESI Glisse Passion, the round trip travel time of the instructor will be counted as part of the Service time.
In the event of lateness at the agreed meeting point, the Client shall not be entitled to any refund, even partial, of the price paid, nor to any compensation.
The same applies in the case where, for a teaching Service provided in a group lesson, the instructor in charge of the group corresponding to the level declared by the Client decides to place the Client in a group appropriate to the student’s actual level, subject to availability: it should indeed be recalled that the homogeneity of the students’ level is decisive within a group for the proper conduct and quality of the Main Services.
14 Photos and videos:
École ESI Glisse Passion uses on its social networks and/or for promotional purposes photos and videos taken during the performance of the Services.
Participation in the Services constitutes authorization for the participants to have their image used in this way.
The Client nevertheless has the right to revoke this authorization at any time by notifying École ESI Glisse Passion in writing; if such refusal is expressed after the creation of any type of media featuring the Client or their relatives, the Client agrees in advance to allow École ESI Glisse Passion sufficient time to enable it to produce an equivalent communication.
15 Liability:
15.1 Principle:
École ESI Glisse Passion cannot be held liable for damages resulting from errors arising from documents or information provided by the Client.
Except in cases of gross negligence or willful misconduct, École ESI Glisse Passion’s total liability toward the Client under the General Terms and Conditions, مهما their legal basis and the nature of the loss, shall not exceed the price paid by the Client.
This excludes any non-performance or improper performance due to force majeure or an accidental event referred to in Article 17 below, or due to the Client.
École ESI Glisse Passion’s total liability under the General Terms and Conditions is limited solely to direct material damage caused to the Client resulting from duly proven faults attributable to it.
15.2 In the event of an accident:
In the event of an accident caused by a third party, the instructor and ESI Glisse Passion School are under no obligation to verify the identity and contact details of the third party.
No obligation of result shall, in this respect, be incumbent upon the instructor or ESI Glisse Passion School.
16 Data protection:
ESI Glisse Passion School collects personal data of the Client and/or the Client’s relatives through the Client for the sole purpose of responding to requests for information and booking of Services, file tracking, proper maintenance of its accounting and IT databases and schedules and/or for commercial follow-up purposes (in particular administrative, accounting, commercial and statistical management) or for information on the news of ESI Glisse Passion School and its Services.
Personal Data are collected within the limit of information that is strictly necessary for ESI Glisse Passion School to properly perform its Services and more generally to comply with the GTC.
These personal data remain strictly confidential.
These data are intended for ESI Glisse Passion School but may also be communicated to partners or subcontractors of ESI Glisse Passion School in order to ensure the proper performance of the Services ordered by the Client or to assist the Client in meeting its own needs.
However, these third parties are authorized to use said personal data as subcontractors only for and within the scope of the service commissioned by ESI Glisse Passion School.
ESI Glisse Passion School first ensures that these trusted third parties act in compliance with the rules set forth by French Data Protection Act No. 78-17 of 6 January 1978, as amended, and European Regulation 2016/679 of 27 April 2016 on the protection of personal data (hereinafter referred to as the “Personal Data Legislation”).
Pursuant to the legislation relating to personal data, natural persons concerned by the data collected by École ESI Glisse Passion have the following rights:
Right of access to their personal data;
Right to inquire about the use of their personal data;
Right to rectify their personal data;
Right to object, on legitimate grounds, to their personal data being processed or used for solicitation purposes, including commercial solicitation;
Right to define directives regarding the fate of their personal data after their death.
The natural persons concerned may exercise all of these rights at any time with École ESI Glisse Passion by sending a request by post or email. École ESI Glisse Passion responds to requests from the natural persons concerned as promptly as possible and in compliance with applicable law.
The data collected by École ESI Glisse Passion are retained for the legally prescribed period.
École ESI Glisse Passion undertakes not to infringe upon Users’ privacy and to take all necessary precautions to preserve the security and confidentiality of their personal data and, in particular, to prevent it from being altered, damaged, or disclosed to unauthorized persons, subject to any obligations that may arise under Law No. 2004-575 of 21 June 2004 on Confidence in the Digital Economy.
17 Force majeure
The performance by École ESI Glisse Passion of all or part of its obligations shall be suspended in the event of an unforeseen event or force majeure, as defined by Article 1218 of the French Civil Code and which hinders or delays its performance.
Such events include, in particular, without this list being exhaustive, war, riots, insurrection, social unrest, epidemics, and strikes of any kind.
École ESI Glisse Passion shall inform the Client of any unforeseen event or force majeure within seven (7) days of its occurrence and may suspend performance of the Services for the duration of the impediment, without its liability being incurred on any grounds whatsoever.
In such case, performance of the Services shall be postponed for a period equal to the duration of said impediment.
18 Applicable law and dispute :
These Terms and Conditions are subject in all their provisions to French law and are governed by the French language for their interpretation.
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 Service).
In the absence of an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the consumer Client within the meaning of Article L.612-2 of the Consumer Code has the option of referring the matter free of charge, if a disagreement still exists, to the competent mediator listed on the list 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
http://www.mediateur-consommation-smp.fr
Alteritae 5 rue Salvaing 12000 Rodez
19 Independence of clauses
If one of the articles of the Terms and Conditions were to be found null or unenforceable, the validity or enforceability of the other provisions of the Terms and Conditions would not be affected.
20 Waiver
The fact that the ESI Glisse Passion School, at any time whatsoever, does not require performance by the Client or does not rely on any provision whatsoever of the General Terms and Conditions cannot, under any circumstances, be interpreted as an express or implied waiver of its right to require strict performance of the commitments undertaken by the Client.
21 Heading
The headings of the articles are for guidance only.
They have no effect on the interpretation of these articles.
