General Terms of Sale for Teaching and Management Services in Skiing and other Board Sports for Ecole du Ski Français Instructors from the CORBIER.
(Conditions that apply except for sales completed via the On-line Sales System)
Enrolment is order to benefit from services provided by the E.S.F instructors CORBIER requires full acceptance of the General Terms of Sale.
I – INSTRUCTORS
All the E.S.F instructors from the CORBIER are the holders of valid authorisation to teach skiing and its associated disciplines.
II - INSURANCE
The E.S.F. contracts Professional Civil Liability insurance that covers the instructors in the exercise of their function against damage to a third party and also those who are learning how to ski for the time period during which they are under the authority of the E.S.F. and the instructor.
The client and/or pupil is wholly responsible for their equipment. The instructors cannot be held responsible for prejudice caused by the said equipment or in the case of theft or damage to the latter.
III – CHOICE OF SERVICES PROVIDED
The client informs the E.S.F CORBIER of his or her choice thanks to the official documents that he or she fills in and returns to the E.S.F.
In order for the lessons to run smoothly, it is important that the skiers be of the same level. Given the fact that it is impossible from a practical point of view for the E.S.F. instructors CORBIER to check the level of each client and/or pupil prior to their enrolment, the latter is responsible for the choice of the technical level that he or she selects according to the grid established by the E.S.F. CORBIER.
Consequently, the E.S.F CORBIER reserves the right to reincorporate into a group that is more in line with their level a skier whose level does not correspond to their declaration. This is on condition that there is a space in one of the other groups. The skier will not be able to claim any reimbursement or compensation for this situation that is due solely to his or her declaration.
IV – ORGANISATION OF THE LESSONS
Learning how to ski takes place is a specific environment that is by definition unpredictable. Skiing hence means that the client and/or pupil is personally responsible for their own safety and for that of third parties. The instructor’s responsibility is restricted to the obligation to use their best endeavours (i.e. skill, care and diligence).
It is up to client and/or pupil to comply with the instructions given by the instructor.
V – TARIFFS
The E.S.F’s tariffs CORBIER are presented in the E.S.F catalogue.
The prices quoted include the teaching provided by an E.S.F. instructor of the CORBIER, and do not include any other services (insurance, ski lifts, accommodation, etc.), unless specified otherwise.
Consequently, the client and/or pupil must ensure, at the time at which the lesson is scheduled to take place, that he or she has on them a ski pass that enables them to access the ski lifts and according to their choice, insurance that covers them against the risks inherent to pursuing a sporting activity in a mountain environment (civil liability, assistance, etc).
VI – ENROLMENT AND PAYMENT
In order to enrol, the client sends a booking form with partial or total payment to the E.S.F, either by cheque or credit card
ESF le CORBIER.
The payment is proof that a contract has been entered into between the two parties.
The services are booked for firm dates.
VII – CANCELLATION OR INTERRUPTION DUE TO THE CLIENT
7.1: Cancellation of a booking with partial payment:
This partial payment corresponds to a deposit that will be kept by the E.S.F. in the case of a cancellation.
7.2: Cancellation of a booking that has been paid in full:
7.2.1: Cancellation of a booking more than fifteen days prior to the commencement of the service:
· If the client has taken out cancellation insurance, the latter will pay for the processing of the cancellation request.
· If the client has not taken out cancellation insurance and subject to a case of force majeure with documentary evidence provided: the E.S.F. will reimburse the price paid minus the closing costs. (10 % of the transaction with a minimum of 20 euros).
· If it is not a case of force majeure: the E.S.F. will reimburse the price paid minus the closing costs. (10 % of the transaction with a minimum of 20 euros) to which severance payment will be added (10 % of the transaction with a minimum of 20 euros).
7.2.2: Cancellation of a booking within 15 days prior to the commencement of the service:
· If the client has taken out cancellation insurance, the latter will pay for the processing of the cancellation request.
· If the client has not taken out cancellation insurance and subject to a case of force majeure with documentary evidence provided: the E.S.F. will reimburse the price paid minus the closing costs. (10 % of the transaction with a minimum of 20 euros).
· Without any valid motive: the E.S.F. will retain 50 % of the price paid.
7.3: Interruption during the course of the lessons (solely for the Group Lessons):
If the client has not taken out cancellation insurance and subject to a case of force majeure with documentary evidence provided: the E.S.F. will offer to reimburse the client for the unused part in the shape of a credit note that will be calculated based on the uniform tariff.
VIII – CANCELLATION / INTERRUPTION / EXCLUSION BY THE E.S.F.
8.1: Cancellation/interruption
The E.S.F CORBIER reserves the right to cancel or interrupt the lessons, notably in the case of force majeure.
The following are in particular cases of force majeure: closure of the slopes or the chair lifts and weather conditions that make it dangerous for the group to access the sites where the activity is to be pursued.
8.2: 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 deposit paid by the client with compensation that amounts to the same amount.
8.3: Exclusion
The E.S.F CORBIER reserves the right to exclude at any time a person whose behaviour is likely to disturb the course of the lessons. In this case, the client cannot claim any reimbursement.
IX – SOLVING DISPUTES
The parties will attempt to reach an agreement with regard to any difficulties that arise within the scope of the performance of the contract. If they are unable to reach a friendly settlement, all disputes concerning the validity, interpretation and performance of the present agreement will be governed exclusively by the rules of French law.
Any contestation, of any nature whatsoever will come within the remit of French civil and commercial jurisdictions, including decisions to be made within the scope of an urgent case.