general conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE OF SERVICES RELATING TO TUITION AND SUPERVISION BY INSTRUCTORS AT THE E.S.F. (ECOLE DU SKI FRANCAIS) AT montclar OF SKIING AND OTHER SNOWSPORTS DISCIPLINES.


ESF MONTCLAR
Address: 04140 MONTCLAR
Phone: 04.92.35.03.99
Fax : 09.58.81.36.69
Email : esf@montclar.esf.net

You can now register for services provided by our E.S.F. instructors at Montclar either via our website, by telephone, by fax or by any other method of distance communication.

As regards online sales via our website, simply follow the online registration instructions and your order will be transmitted electronically to the E.S.F. at Montclar.

As regards other types of distance selling, please contact the E.S.F at .Montclar.

Registration for E.S.F. services at Montclar implies total acceptance of these general terms and conditions.

ARTICLE I – services

All of the E.S.F. instructors at Montclar have undertaken state-accredited training and their teaching methods are recognized both nationally and internationally.

Our services are provided for both individuals and for groups. In order for the lessons to be successful, the competence level of all of the skiers participating in them will need to be of the same standard. Given that it would be impossible from a practical point of view for the E.S.F. instructors at Montclar to assess the standard of each pupil prior to registration, the latter will be solely responsible for the technical choice that he has selected in accordance with the table provided by the E.S.F. at Montclar.

Accordingly, the E.S.F. at Montclar retains the right to move the skier from one group to another group which is more suitable for his standard if his said standard does not reflect that previously stated by him to be correct, but, this can only occur when and if the other groups have capacity to accommodate him. In this respect, the skier in question will not be able to claim either any reimbursement or any other type of compensation as regards his statement.

Learning to ski will take place in a specific but random environment. Accordingly, the pupil will be personally liable for his own safety and also for that of any third parties. The instructor’s liability will be limited to facilitating skiing lessons. It is the responsibility of the pupil to follow the instructor’s instructions. The pupil will be solely liable for his own equipment.

The E.S.F. at Montclar will not be liable for any accidents caused by any of the skiers participating in the lesson.

ARTICLE II – inSURANCE

The E.S.F. subscribes to a Professional Indemnity Policy which covers their instructors in the course of their employment against any damage which they may cause to third parties as well as covering their clients whilst they are subject to the authority of the E.S.F. and the instructors.

The client and/or the pupil is solely liable for his own equipment. The instructors cannot be held liable for any damage caused by the said equipment or for thefts or deterioration of the latter.

ARTICLE III – rates / registraTION / PAyMENT

3.1 : Rates

The rates of the E.S.F. at Montclar are displayed on the online sales site, and can be viewed on esf.net as well as on the site of the E.S.F. at Montclar.

The prices quoted include tuition services provided by an instructor of the E.S.F. at Montclar but do not include any other service (insurance, ski lifts, accommodation, etc.), unless otherwise stated. Accordingly, prior to the lesson commencing, it is up to the pupil to obtain a pass in order to access the ski lifts and also to take out his own insurance which should cover him against any of the risks inherent in a sporting activity taking place in a mountain environment (public liability cover, emergency cover, etc.).

3.2 : Provisions as to registration and as to payment

3.2.1 : Regarding online sales on our site:
You must complete the registration procedure on this site. Further to your online payment being made, your booking will be transferred to the E.S.F. at Montclar and the latter will immediately email you to acknowledge receipt of your order.

Payment is effected once your booking is confirmed via the online sales site of the E.S.F. at Montclar. The said payment concludes the contract. Receipt thereof will be confirmed by email.

A unique way of registering and paying for our services is available: Cyberplus (Banque Populaire’s electronic bank) sends your booking form and bank transfer via the internet to the E.S.F.at Montclar : thus your payment will be certified, secure and guaranteed by the banking system.

The E.S.F. at Montclar will ensure the availability of its lessons once a contract has been concluded.

Dates will then be booked for the provision of the services. Consequently, the retraction deadline of 7 days for distance selling provided for in Article L121-20 of the Consumer Code is not applicable in accordance with Article L121-20-4 of the same code.

3.2.2 : Regarding other types of distance sales:

Registration can be effected by sending a booking form together with the full amount due by cheque, bank card, etc., to the E.S.F at Montclar.

The E.S.F. at Montclar will ensure the availability only of lessons for which a contract has been concluded.

Payment concludes the contract.
Dates will then be booked for the provision of the services. Consequently, the retraction deadline of 7 days for distance selling provided for in Article L121-20 of the Consumer Code is not applicable in accordance with Article L121-20-4 of the same code.

ARTICLE IV – REQUEST FOR VALUE OF MEDAL TO BE REIMBURSED

Only valid if an ALL-INCLUSIVE option: Ski lessons + medal has been purchased.

If you have purchased an ALL-INCLUSIVE option (ski lessons + medal) and you do not require the medal: it is possible to be reimbursed in the amount of the retail price in respect thereof by requesting this at the E.S.F. booking office at any time whilst the lessons are ongoing. Once the lessons have ended, no reimbursement will be possible.

ARTICLE V – CANCELLATION OF THE BOOKING BY THE CLIENT EITHER BEFORE OR AFTER THE SERVICE HAS STARTED

5.1 : Cancellation of a booking more than one fortnight preceding the start of the service:

  • If further to your online purchase you have subscribed to your own cancellation policy (in particular the one recommended by the E.S.F. during your online purchase), please refer to the terms and conditions therein.

  • If you have not subscribed to a cancellation policy and in the event of force majeure on presentation of proof in relation thereto: the E.S.F. will reimburse the sum that you have paid less expenses (10% of the transaction with a minimum of 20 euros). 

  • In the absence of force majeure: the ESF will reimburse the sum that you have paid less expenses (10% of the transaction with a minimum of 20 euros) to which will be added compensation for breach of contract (10% of the transaction with a minimum of 20 euros).

5.2 : Cancellation of a booking during the fortnight before the start of the service:

  • If further to your online purchase you have subscribed to your own cancellation policy (in particular the one recommended by the E.S.F. during your online purchase), please refer to the terms and conditions therein.

  • If you have not subscribed to a cancellation policy and in the event of force majeure on presentation of proof in relation thereto: the E.S.F. will reimburse the sum that you have paid less expenses (10% of the transaction with a minimum of 20 euros).

  • In the absence of force majeure: the E.S.F. will withhold an amount equal to 50% of the sum that you have paid.

5.3 : Cancellation of the booking during the service (only for Group Lessons):

  • If further to your online purchase you have subscribed to your own cancellation policy (in particular the one recommended by the E.S.F. during your online purchase), please refer to the terms and conditions therein.

  • En l’absence d’assurance annulation et sous réserve d’un cas de force majeure avec présentation d’un justificatif : il vous sera alors proposé le remboursement de la partie non consommée sous forme d’avoir calculé sur la base du tarif unitaire

ARTICLE VI – ANNULATION / INTERRUPTION / EXCLUSION by the ESF

The ESF Montclar reserves the right to cancel or stop a lesson in case of force majeure.
Force majeure shall in particular include: the closure of slopes or ski-lifts and weather conditions making it dangerous for the group to use the intended site.

6.1 : Reimbursement

  • In the case of force majeure: the E.S.F. will reimburse the deposit paid by the client.
  • If it is not a case of force majeure: the E.S.F. will reimburse the total amount of the deposit paid by the client with a same value compensation. 

6.2 : Exclusion

The ESF Montclar reserves the right to cancel or suspend lessons especially if the behaviour of a skier is likely to disturb the organisation thereof.
Such cancellation shall not give rise to any compensation.

ARTICLE VII – dispute

Any disputes arising from these general conditions of sale shall be referred to French courts to be settled under the laws of France.

Only the French version of this document shall be authoritative.