GENERAL TERMS AND CONDITIONS FOR THE SALE OF INSTRUCTION AND SUPERVISION SERVICES SERVICES FOR SKIING AND OTHER WINTER SPORTS DISCIPLINES BY SKI COOL INSTRUCTORS - VAL THORENS
SKI COOL - VAL THORENS.
Address: Résidence La Vanoise – Rue du Caron 73440 VAL THORENS
Phone: +33 (0)4 79 00 04 92
E-mail: mail@ski-cool.com
Hereinafter referred to as "SKI COOL"
You can now sign up for the services dispensed by SKI COOL instructors at the ticket desk, 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 SKI COOL.
For the other selling modes, please contact SKI COOL.
Registration for the services of SKI COOL implies unreserved acceptance of these general terms and conditions.
ARTICLE I – SERVICES
All SKI COOL instructors have received training validated by the French State and possess currently valid authorisation to teach skiing and associated disciplines. Instruction 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 SKI COOL 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 SKI COOL. Accordingly, SKI COOL 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 refund or compensation on account of this, which is a consequence of the skier’s personal declaration. Learning to ski takes place in a specific environment with random characteristics. Its practice therefore makes it incumbent on customers and/or pupils to take personal responsibility for their own safety and the safety of others. The instructor’s liability is therefore limited to a best-efforts obligation. It is the responsibility of the customer and/or pupil to follow the instructor's instructions.
ARTICLE II – LIABILITY OF INSTRUCTORS
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 the safety of others. The instructor’s liability is therefore limited to a best-efforts obligation. It is the responsibility of the pupil to follow the instructor’s instructions. Pupils are solely responsible for their own equipment. SKI COOL shall not be held liable for any accidents caused by skiers taking part in lessons.
ARTICLE III – 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 the practitioners during the time that they are under the authority of SKI COOL and the instructor. Customers and/or pupils shall be 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 IV – PRICES / REGISTRATION / PAYMENT
4.1: Prices
SKI COOL prices are presented in the SKI COOL catalogue and on the online sales site, accessible via the specific SKI COOL site concerned. The prices stated comprise the teaching service dispensed by a SKI COOL instructor, excluding 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 themselves against the inherent risks of practising sport in a mountain environment (civil liability, mountain rescue, etc.).
4.2: Terms of registration and payment
4.2.1: For online sales made via our site:
You must follow the booking procedure stated on the site. Once paid for online, your booking will be transmitted to SKI COOL. You will immediately receive acknowledgement of your order by e-mail. Payment shall be made in full when you book via the online site of SKI COOL 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 via Internet of your booking and bank transfer to SKI COOL via S-money (secure service developed by a company of the Banque Populaire Caisse d’Epargne Group). SKI COOL solely guarantees the availability of the lessons that are proposed at the time when the contract is concluded.
4.2.2: For the other selling modes:
Registration takes place by sending the booking information accompanied by the full payment by cheque, bank card, etc., to SKI COOL. SKI COOL solely 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 V – RIGHT OF WITHDRAWAL NOT APPLICABLE WHATEVER THE BOOKING MODE (ONLINE OR AT THE TICKET DESK)
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 paragraph 12 of article L.221-28, concerning leisure activity services that are to be provided on a specific date.
ARTICLE VI – CANCELLATION OR CURTAILMENT BY THE CUSTOMER
6.1: Cancellation 48 hours before the start of the lesson
- If you have taken out cancellation insurance on a personal basis, please refer to the conditions thereof.
- If you have not taken out cancellation insurance, SKI COOL will offer to postpone the service if possible and otherwise reimburse the full amount paid.
6.2: Cancellation between 48 hours and 24 hours before the start of the lesson
- If you have taken out cancellation insurance on a personal basis, please refer to the conditions thereof.
- If you have not taken out cancellation insurance, SKI COOL will offer to postpone the service if possible and otherwise reimburse the service by applying an administrative cost of 50% of the price paid at the time of booking.
Exceptional clauses for the 2023/24 season due to the COVID-19 :
- If travel restrictions due to COVID-19 prevent you from participating in the course you have booked, SKI COOL will reimburse the service in full, on presentation of proof.
- If you test positive less than 48 hours before the start of the lessons you have booked, SKI COOL will reimburse the service in full, upon presentation of medical proof.
6.3: Cancellation the D-Day of the lesson
You will not be able to claim any reimbursement. If you have taken out cancellation insurance on a personal basis, please refer to the conditions thereof. SKI COOL can provide any document that could be useful to your insurance to request reimbursement from them.
6.4: Curtailment during the service
You will not be able to claim any reimbursement. If you have taken out cancellation insurance on a personal basis, please refer to the conditions thereof. SKI COOL can provide any document that could be useful to your insurance to request reimbursement from them.
ARTICLE VII – CANCELLATION / CURTAILMENT / EXCLUSION BY SKI COOL
7.1: Cancellation/curtailment
SKI COOL reserves the right to cancel or curtail the lessons in the event of :
- in the event of closure of the slopes or of the ski lifts
- if the weather conditions make it dangerous for the group to access the skiing areas
- if the number of participants is not sufficient with regard to the minimum number of participants required to take a group lessons. In this case, SKI COOL will offer alternatives or reimbursement of lessons.
7.2: Refunds
- In the event of bad weather conditions which lead to the closure of ALL the ski area and the impossibility of ensuring the practice, SKI COOL may propose a postponement of the lesson. No reimbursement can take place.
- If no instructor can provide the lesson reserved due to illness or accident, SKI COOL will reimburse in the form of an indemnity the amount of the part not consumed of the service or the entire amount paid at the time of booking if the course has not yet started.
- Exceptional clauses for the 2023/24 season due to the COVID-19 : if Ski Cool is subject to an administrative closure due to COVID-19, reservations concerning services subsequent to the date of the administrative closure, will be reimbursed in full.
7.3: Exclusion
SKI COOL 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 shall not be entitled to any refund.
ARTICLE VIII – PROTECTION OF PERSONAL DATA
As part of the services it offers, SKI COOL collects personal data from its users. The collection of this data is subject to the provisions of the European General Data Protection Regulation of May 25, 2018 and of the consolidated Data Protection Act of January 6, 1978.
8.1: Data collected & collection of consent
The data collected during the voluntary registration of a SKI COOL user are: their last name, first name, postal address, e-mail address and telephone number. This information is strictly necessary for the consentement of the user. Photographs or videos can also be taken during lessons and competitions. These visuals can then be used by SKI COOL for commercial purposes. The consent of the pupils (or that of their legal representative for minors) for the distribution of images on which the persons are identifiable is collected via a form.
8.2: Purpose of data processing
This data is collected for the exercise of the activity of SKI COOL only. Users can unsubscribe from the mailing list at any time. The data collected may also be used for commercial promotion of the SKI COOL brand under cover of the express consent of the user.
8.3: Responsability for processing personal data
SKI COOL is responsible for processing the personal data of users collected for the exercise of its activities.
8.4: Recipients of this data
The data collected is intended for the SKI COOL management team. They are treated with the utmost confidentiality and are not communicated to any third party without obtaining the express consent of the concerned user.
8.5: Security of processing
The information collected is recorded in a computerized file of SKI COOL and S.N.M.S.F. Adequate technical and organizational measures are taken to prevent unauthorized access or disclosure of users' personal data.
8.6: Right of opposition, access, rectification and erasure
All SKI COOL customers have the right to object, access, rectify and delete their personal data. To do this, he must send his request by clicking on the following link: www.skicool.fr/contact
For statistical purposes, this data may be anonymized and aggregated.
8.7: Retention period
The data collected is kept and archived by SKI COOL. They will be anonymized after three consecutive seasons from the reservation if the user does not respond to any request from SKI COOL.
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 reached, 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 SKI COOL management, and in the absence of a satisfactory response or in the absence of any response whatsoever within 60 days, the customer may bring the complaint before the Tourism and Travel ombudsman, whose contact and procedural details may be found on the site: www.mtv.travel
ARTICLE I – SERVICES
All SKI COOL instructors have received training validated by the French State and possess currently valid authorisation to teach skiing and associated disciplines. Instruction 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 SKI COOL 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 SKI COOL. Accordingly, SKI COOL 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 refund or compensation on account of this, which is a consequence of the skier’s personal declaration. Learning to ski takes place in a specific environment with random characteristics. Its practice therefore makes it incumbent on customers and/or pupils to take personal responsibility for their own safety and the safety of others. The instructor’s liability is therefore limited to a best-efforts obligation. It is the responsibility of the customer and/or pupil to follow the instructor's instructions.
ARTICLE II – LIABILITY OF INSTRUCTORS
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 the safety of others. The instructor’s liability is therefore limited to a best-efforts obligation. It is the responsibility of the pupil to follow the instructor’s instructions. Pupils are solely responsible for their own equipment. SKI COOL shall not be held liable for any accidents caused by skiers taking part in lessons.
ARTICLE III – 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 the practitioners during the time that they are under the authority of SKI COOL and the instructor. Customers and/or pupils shall be 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 IV – PRICES / REGISTRATION / PAYMENT
4.1: Prices
SKI COOL prices are presented in the SKI COOL catalogue and on the online sales site, accessible via esf.net and via the specific SKI COOL site concerned. The prices stated comprise the teaching service dispensed by a SKI COOL instructor, excluding 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 themselves against the inherent risks of practising sport in a mountain environment (civil liability, mountain rescue, etc.).
4.2: Terms of registration and payment
4.2.1: For online sales made via our site:
You must follow the booking procedure stated on the site. Once paid for online, your booking will be transmitted to SKI COOL. You will immediately receive acknowledgement of your order by e-mail. Payment shall be made in full when you book via the online site of SKI COOL 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 via Internet of your booking and bank transfer to SKI COOL via S-money (secure service developed by a company of the Banque Populaire Caisse d’Epargne Group). SKI COOL solely guarantees the availability of the lessons that are proposed at the time when the contract is concluded.
4.2.2: For the other selling modes:
Registration takes place by sending a booking form accompanied by the full payment by cheque, bank card, etc., to SKI COOL. SKI COOL solely 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 V – RIGHT OF WITHDRAWAL NOT APPLICABLE WHATEVER THE BOOKING MODE (ONLINE OR AT THE TICKET DESK)
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 paragraph 12 of article L.221-28, concerning leisure activity services that are to be provided on a specific date.
ARTICLE VI – CANCELLATION OR CURTAILMENT BY THE CUSTOMER
6.1: Cancellation request 48 hours prior to the start of the lesson:
· If you have taken out cancellation insurance on a personal basis, please refer to the conditions thereof.
· If you have not taken out cancellation insurance, SKI COOL will offer to postpone the service if possible and otherwise reimburse the full amount paid.
6.2: Cancellation request less than 48 hours prior to the start of the lesson :
· If you have taken out cancellation insurance on a personal basis, please refer to the conditions thereof.
· If you have not taken out cancellation insurance, SKI COOL will reimburse the service by applying an administrative cost of 50% of the price paid at the time of booking.
Exceptional clauses for the 2022/23 season due to COVID-19 :
Under the COVID-19 policy, you are eligible to a full refund provided you make the cancellation request 24 hours prior to the start of the lesson:
· If the resort is closed due to COVID-19.
· If the French border is closed and you cannot enter the country.
· If the border of your home country is closed and you cannot leave the country, or re-enter after their holiday.
· If you contract COVID-19 before the start of the lessons you have booked.
6.3: Cancellation the D-Day of the lesson
You will not be able to claim any reimbursement. If you have taken out cancellation insurance on a personal basis, please refer to the conditions thereof. SKI COOL can provide any document that could be useful to your insurance to request reimbursement from them.
6.4: Curtailment during the service
You will not be able to claim any reimbursement. If you have taken out cancellation insurance on a personal basis, please refer to the conditions thereof. SKI COOL can provide any document that could be useful to your insurance to request reimbursement from them.
ARTICLE VII – CANCELLATION / CURTAILMENT / EXCLUSION BY SKI COOL
7.1: Cancellation/curtailment
SKI COOL reserves the right to cancel or curtail 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: Refunds
· In the event of bad weather conditions which lead to the closure of ALL the ski area and the impossibility of ensuring the practice, SKI COOL may propose a postponement of the lesson. No reimbursement can take place.
· If no instructor can provide the lesson reserved due to illness or accident, SKI COOL will reimburse in the form of an indemnity the amount of the part not consumed of the service or the entire amount paid at the time of booking if the course has not yet started.
· If the minimum number of participants required in a group lesson is not reached, we will have to cancel the group lesson. Within this case, SKI COOL will refund the total amount of the reservation.
· Exceptional clauses for the 2022/23 season due to the COVID-19 health crisis: if Ski Cool is subject to an administrative closure due to COVID-19, reservations concerning services subsequent to the date of the administrative closure, will be reimbursed in full.
7.3: Exclusion
SKI COOL 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 shall not be entitled to any refund.
ARTICLE VIII - HEALTH PASS INFORMATION
It is the responsibility of the customer to abide by the rules concerning the health pass.
The SKI COOL instructors reserve the right to check the validity of health passes to access the ski lifts if legally required to do so.
On this basis, customers who are not presenting a valid health pass will be subject to the provisions of article 7 of these general terms and conditions.
ARTICLE IX – PROTECTION OF PERSONAL DATA
As part of the services it offers, SKI COOL collects personal data from its users. The collection of this data is subject to the provisions of the European General Data Protection Regulation of May 25, 2018 and of the consolidated Data Protection Act of January 6, 1978.
9.1: Data collected & collection of consent
The data collected during the voluntary registration of a SKI COOL user are: their last name, first name, postal address, e-mail address and telephone number. This information is strictly necessary for the consentement of the user. Photographs or videos can also be taken during lessons and competitions. These visuals can then be used by SKI COOL for commercial purposes. The consent of the pupils (or that of their legal representative for minors) for the distribution of images on which the persons are identifiable is collected via a form.
9.2: Purpose of data processing
This data is collected for the exercise of the activity of SKI COOL only. Users can unsubscribe from the mailing list at any time. The data collected may also be used for commercial promotion of the SKI COOL brand under cover of the express consent of the user.
9.3: Responsability for processing personal data
SKI COOL is responsible for processing the personal data of users collected for the exercise of its activities.
9.4: Recipients of this data
The data collected is intended for the SKI COOL management team. They are treated with the utmost confidentiality and are not communicated to any third party without obtaining the express consent of the concerned user.
9.5: Security of processing
The information collected is recorded in a computerized file of SKI COOL and S.N.M.S.F. Adequate technical and organizational measures are taken to prevent unauthorized access or disclosure of users' personal data.
9.6: Right of opposition, access, rectification and erasure
All SKI COOL customers have the right to object, access, rectify and delete their personal data. To do this, he must send his request by clicking on the following link: www.skicool.fr/contact
For statistical purposes, this data may be anonymized and aggregated.
9.7: Retention period
The data collected is kept and archived by SKI COOL. They will be anonymized after three consecutive seasons from the reservation if the user does not respond to any request from SKI COOL.
ARTICLE X – 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 reached, 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 XI – MEDIATION
After reporting the matter to SKI COOL management, and in the absence of a satisfactory response or in the absence of any response whatsoever within 60 days, the customer may bring the complaint before the Tourism and Travel ombudsman, whose contact and procedural details may be found on the site: www.mtv.travel.