GENERAL TERMS AND CONDITIONS OF SALE FOR TEACHING AND SUPERVISION SERVICES OF OUTDOOR SPORTING ACTIVITIES
ARTICLE 1. INTRODUCTORY ARRANGEMENTS
The general terms and conditions of sale (hereinafter referred to as “T & Cs”) apply in their entirety from 1st June 2022, for all teaching and supervision services of outdoor sports and leisure activities (hereinafter referred to as “Services" or "Outdoor Activities") and related services, offered by the Evolution 2 Ski and Adventure School.
The Outdoor Activities and related services are described on the website.
The T&Cs govern all Services booked by telephone, at the School office, or online via the School website (the "Website").
A booking of one of the above-mentioned Services includes the unreserved acceptance of the T&Cs, notwithstanding any provision to the contrary.
ARTICLE 2. IDENTIFICATION OF THE SELLER
The Services covered herein are organised on behalf of instructors, professional independent instructors, together with Evolution 2 Ski and Adventure School. (the "School"), and marketed by:
RESEAU AVENTURE, acting as an agent for, (the "Seller")
Simplified joint stock company with a capital of 7622,45 Euros,
Headquarters: 350 avenue de la plage - 74400 Chamonix - France
Phone: +33 (0)4 50 55 53 57 (freephone number), email: firstname.lastname@example.org
Intra-community VAT number: FR07418003133
CSR of Annecy registered under the number 418 003 133
Asset France: IM0741000444
Financial Security: APST - 15 AVENUE CARNOT, 75017 PARIS, FRANCE
ARTICLE 3. SERVICES - OUTDOOR ACTIVITIES
Outdoor Services and Activities are provided in the form of group or individual classes by professionals, with a license to teach skiing and other related disciplines.
The main Outdoor Activities offered by the School, but not limited to this list, are:
- ski courses and lessons and other snowsports (snowboarding, telemarking, ski touring, freeride and freestyle);
- supervision and rental of mountain bikes/E-mountain bikes, snowmobiles, buggies, snowshoes, rafting, canyoning, treetop adventure trails, quad bikes, buggy and 4x4s.
So that the courses and lessons run smoothly, it is assumed that all the participants are of a similar level. Each participant is responsible for choosing their own technical level according to the table set out by the School.
ARTICLE 4. CONDITIONS OF ENGAGEMENT / SECURITY
The Evolution 2 School reserves the right to mix groups and to move a participant whose level does not correspond with their declaration, subject to availability in other groups. The instructor will inform the participant and/or the guardian of the minor. The Services provided in group lessons are subject to a minimum number of participants (no less than 4 people). Otherwise, group lessons will be changed, to shared private lessons with similar time slots, but for a reduced time depending on the number of participants available.
4.2 Equipment and wearing of helmets
Anyone taking part in the courses, ski lessons and Outdoor Activities requires suitable technical equipment in good condition, as well as suitable clothing.
Each participant must check the equipment required to carry out their chosen Outdoor Activity on the Seller's Website. The Evolution 2 School reserves the right to refuse any participant who does not have the correct gear or equipment for their chosen sport.
As snowsports present risks, wearing a helmet is compulsory for children under the age of 13 and highly recommended for everyone. Wearing a helmet is mandatory, regardless of age, for snowboard lessons, when going off-piste.
4.3 Safety/ Schedules
The participant must not be under the influence of alcohol or any other psychotropic substance. Participants must remain mindful of the advice given by the Evolution 2 Instructors both before and during the Service provided. The presence of an instructor and the advice given by them, does not remove any associated risk with the activity. The School reserves the right, at any time, to exclude any person whose behaviour is likely to disrupt the running and effect the safety of the course/lesson.
Outdoor Activities take place in environments which are unpredictable, therefore each participant is personally responsible for ensuring their own safety and that of any third parties. Participants must present themselves at the place, on the day and time indicated in their Booking.
In the event a participant is late for a private lesson, the Evolution 2 instructor will provide the Service until that activity was originally planned to finish and may, under no circumstances, go over that time into the next allocated time slot. In the event a participant is late for a group lesson, the Evolution 2 instructor will not wait for them, and the lesson will continue in their absence.
4.4 Ski lessons
Ski equipment is not included when booking a lesson/course. The same goes for lift passes. When specified by the Seller, the participant must go to their lesson with a valid ski lift pass, so they are to be able to take part in the lessons. In the absence of the pass, the Evolution 2 instructor may refuse access to the course with no right to a refund.
ARTICLE 5. BOOKING AN ACTIVITY
The booking of Outdoor Activities, or any related service (hereinafter referred to as the "Booking") can be made:
- At the School office, 30 rue des Moulins – 74400 CHAMONIX, open everyday (during the summer and winter season);
- by telephone at the School office, on: +33 (0)4 50 55 53 57 (freephone number);
- online via the Website, at the following address: www.evolution2.com/chamonix
All bookings made must include the Services required, the date or period of booking, the number and age of all participants.
5.1 Pre-contractual information
In the case of all bookings, the participant acknowledges and confirms receiving communication in a clear and understandable manner prior to booking, the contents of the contract, the pre-contractual information as listed in the Consumer Code under article L.221-5 and in particular the following information:
- the description and the main features of the Service;
- the price and date of implementation;
- the existence and the conditions for exercising the right to cancel.
In addition, for any Booking of related services, constituting a travel service within the context of Article L. 211-2 of the Tourism Code, the participant benefits from the list of rights granted in Appendix 1 of the T&C’s of the Tourism Code.
5.2 Telephone bookings
For all telephone bookings, the participant must specify, in addition to the mandatory information mentioned above, their email address and the name of the participant. The Seller, after communicating the pre-contractual information to the participant, requests they consult the T&Cs. Once the participant has agreed to the conditions of their Booking, the participant proceeds to remote payment in accordance with the conditions given in Article 7.1.
5.3 Online bookings
For online Bookings, the participant must enter their email address and complete the form. In accordance with the provisions set out in article 1127-2 of the Civil Code, the participant has the opportunity to check their Booking details including the final price, and if necessary correct any errors before submitting it. In order to complete the Booking, the participant must read the T&Cs including the mandatory pre-contractual information, accepting them by ticking the boxes provided and then proceed to payment option in accordance with the conditions outlined in Article 7.1.
5.4 Booking Confirmation
The Booking is only finalised once the full payment has been received by the Seller. Only then is the contract of sale deemed to have been formed. For all remote Bookings of Services, the participant receives by email, a confirmation of their booking detailing when the purchase was made, the final price and the essential specifications of the Services booked.
ARTICLE 6. PRICE
The prices shown in the media communication and on the Seller's Website are given in euros and include all taxes (VAT). In general, and unless specified otherwise, administration fees, equipment rental and insurance are not included in the price of the Service.
The prices quoted include the cost of the teaching provided by the Evolution 2 instructor, excluding all other services except indication on this subject.
ARTICLE 7. TERMS AND MEANS OF PAYMENT
For all Bookings, the full price must be paid in one go. The payment will be confirmed by email. Payment can be made by credit card, in cash, by bank transfer, by gift vouchers and with ANCV holiday vouchers. Remote electronic or online payments via the Seller's Website are securely encrypted guaranteeing the confidentiality and security of your data.
7.1 Bank card
Any Booking made remotely or at the School office, can be done by credit card. Unless stated otherwise, at the time of booking, only bank cards from the CARTE BLEUE/VISA and EUROCARD/MASTERCARD networks are accepted. Bookings made at the School office are immediately issued with a proof of payment. For remote Bookings, the participant will receive proof of payment via email.
Any Booking made at the School office can be paid in cash. Cash payments are limited to €1,000 per Booking in accordance with Articles L112-6 and D112-3 of the Monetary and Financial Code.
7.4 Bank transfer/Gift vouchers/ANCV
To make a Booking by bank transfer, gift vouchers and/or ANCV holiday vouchers, the participant must send the relevant payment method to the Seller, at the latest, within 72 working hours of making the Booking. The Booking will only be confirmed once the Seller acknowledges receipt of payment. Holiday or gift vouchers must be valid at the time of purchase. No refund will be given for gift or ANCV holiday vouchers.
ARTICLE 8. LIABILITY - INSURANCE
The School is responsible for ensuring that Services booked by all participants are executed correctly. However, given that the participant plays an active role during the sport, the responsibility of the Evolution 2 instructor is limited to the duty of best efforts. It is up to each participant to respect the instructions given by the Evolution 2 instructor.
The participant is solely responsible for their equipment.
It is recommended that participants take out insurance to cover them against the inherent risks when taking part in mountain sports (civil liability, individual accident cover, rescue).
ARTICLE 9. LOSS OF CANCELLATION RIGHTS
In accordance with Article L.221-28 of the Consumer Code, with any remote purchase of services such as “accommodation, transport, catering, leisure services", cancellation rights cannot be exercised, either when booked as a part of a package deal or separately, for any date or determined period. Consequently, any Service bookings suggested by the Seller do not fall within this withdrawal period.
ARTICLE 10. CANCELLATIONS
Owing to the Seller
The School reserves the right to cancel or stop Outdoor Activities in the following cases:
- Due to a force majeure, as detailed in Article 11, or any other unforeseeable event,
- Failure to reach the minimum number of participants required.
The School will inform the participant as soon as possible and will try to offer an alternative option to the equivalent value. If the participant does not accept the alternative offered, they may request their Service be cancelled and their monies reimbursed, on a pro rata basis for sessions not taken because of the termination of the Service.
Apart from this refund, compensation for any other reason will not be given due to a cancellation.
Owing to the participant
In general, the participant may, without detriment to specific conditions that apply to certain Outdoor Activities, partially or fully cancel their Booking free of charge up to 7 working days before the date their Service is due to commence. After this period, no refunds will be issued. Each cancellation request incurs an administration fee of €15.
ARTICLE 11. FORCE MAJEURE
In the event where Services booked by the participant are delayed or prevented, either fully or in part, due to a force majeure as defined in article 1218 of the Civil Code, the participant will be informed by any means possible. In the event of a force majeure (weather conditions making the lesson dangerous, closure of slopes, lack of snow, etc.) the School's obligations are automatically suspended without any liability being incurred. However, the School may offer the participant an alternative date when they can use the Services that were affected by the force majeure.
ARTICLE 12. EVIDENCE, CONSERVATION AND RECORD KEEPING
In accordance with article L213-1 of the Consumer Code, any Booking made online via the Seller's Website for an amount greater than or equal to €120, of which the latter requires written confirmation that the Booking will be held for a period of ten years from issue and access to this is guaranteed at any time during the aforementioned period.
ARTICLE 13. CANCELLATION CLAUSE
Except in cases of a force majeure, in the event that the School fails to fulfil its obligation to provide the Services indicated to the participant on the date, or within the allocated period, the latter may terminate their contract, either by registered letter with acknowledgment of receipt, or in writing via another method, if, after requesting that the School provides the Services within a reasonable time frame, under the same terms and conditions, the latter has not complied within this time period. The participant may also immediately terminate the contract if the School refuses to provide the Services, or if it does not carry out its obligation to provide the Services on the date or within the period indicated to the participant, and where the date or period constitutes an essential condition of the contract for the participant. This essential condition results in the circumstances surrounding the termination of the contract, or from an express request from the Customer before ending the contract (Article L216-6 of the Consumer Code).
ARTICLE 14. INTELLECTUAL PROPERTY RIGHTS
The Seller's Website is subject to French legislation with regards to copyright and intellectual property. Total or partial copying of trademarks, logos, or distinctive signs from this Site without prior written authority from the Seller is prohibited as written in article L713-2 of the Intellectual Property Code.
ARTICLE 15. PERSONAL DATA
Personal data collected during the Booking process is subject to handling for the following purposes:
- managing Bookings - this is necessary for carrying out the final contract between the Seller and the participant;
- the participant's admittance to the Outdoor Services/Activities - this is also necessary for carrying out the final contract between the Seller and the participant;
- sending the participant commercial offers, newsletters, invitations to take part in games, competitions or customer satisfaction surveys - this is justified, with regard to the messages sent by the Seller, for the legitimate interest of the latter to develop their activities and, with regard to the messages sent by the partners of the Seller, on the consent of the participant.
Unless otherwise stated on the data collection form, all fields must be completed in full to process this information.
Processing the data is the responsibility of the Seller, overseen by the President.
The data is intended for the Seller, its partners if the participant has agreed to receive messages from them, and their service providers whose intervention is necessary to process the above mentioned.
Data is stored for the following time periods:
- necessary data for managing the Booking process:
- if the Booking is made electronically, data is stored for five (5) years from the date of collection if the booking amount is less than €120, for ten (10) years from the date of collection if the amount is equal to or greater than €120;
- if the Booking is not made electronically, the data is stored for five (5) years from the date of collection.
- data relating to bank cards will be kept for fifteen (15) months after the date of the transaction for evidential purposes in the event of a dispute over the transaction. The cryptogram is not kept beyond the date of the transaction.
- data necessary for sending the participant commercial offers, newsletters, etc. will be stored for three (3) years from the date of collection, this period is renewed after every significant interaction between the participant and the Seller (ie. receiving a new Booking).
In order to maintain confidentiality and security of the participants' data, and in particular to protect against unlawful or accidental destruction, accidental loss or alteration, or even unauthorised disclosure or access, the Seller, in accordance with the relevant legal measures, takes suitable technical and organisational measures. In this regard, the Seller has implemented technical measures (such as firewalls) and organisational measures (such as username and password systems, means of physical protection, etc.).
Each participant has the right to access their own personal data, to have it amended or erased, to transfer it or have it transferred to a third party, to obtain a restriction on its processing or to oppose its processing. The Seller will comply with any request subject to their legal obligations.
The participant has the right at any time to withdraw their consent to receive messages from the Seller's partners. Withdrawal of consent has no legal effect on any processing that took place prior to the withdrawal.
The participant can exercise their rights by contacting the personal data protection officer appointed by the Seller:
- by email to the following address: email@example.com; or
- by post to the following address: Evolution2 Chamonix – 350 avenue de la Plage – 74400 CHAMONIX MONT BLANC -France.
In the interest of confidentiality and protection of personal data, the Seller reserves the right to ask the participant for proof of identity before responding to their request. They may also be asked to produce a photocopy of an identity document detailing their date and place of birth, bearing their signature.
The participant should also send a complaint to the CNIL if they consider that their rights have not been respected. The contact details of the CNIL are as follows: CNIL, 3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07, France, phone: +33 1 53 73 22 22; Fax: +33 1 53 73 22 00; Website: https://www.cnil.fr/fr/plaintes.
In accordance with articles L223-1 and following the Consumer Code, if the participant no longer wishes to be contacted by telephone on the number they have provided to the Seller, they can register that telephone number on the call blocking list at any given time via the site www.bloctel.gouv.fr or by post in writing to: Société Opposetel, Service Bloctel, 6 rue Nicolas Siret, 10000 Troyes France.
ARTICLE 16. COMPLAINTS AND DISPUTE RESOLUTION
The current T&Cs are subject to French law. Any claim relating to the booking of Services or the way they were carried out must be sent to the Claims Department at the Seller's address including all the supporting documents necessary, by means of a registered letter with acknowledgment of receipt within twenty (20) days of receiving the Services ((i) issued to the participant within their Booking and (ii) providing the complaint is well founded (medical certificate, photograph, report) without which the complaint will not be processed. Any participant who has not received a satisfactory response to their complaint within sixty (60) days of referral to the Seller's complaints department may have recourse to a free mediation session with a Tourism and Travel Mediator in accordance with the procedures set out on the www.mtv.travel/ website (MTV Médiation Tourisme Voyage - BP 80 30375 823, Paris Cedex 17) and within a maximum period of one (1) year from when the written complaint was made to the Seller. For want of an amicable settlement, the dispute may be brought before the court in the area where the defendant lives by the more diligent party.
APPENDIX 1: STANDARD INFORMATION FORM FOR CONTRACTS RELATING TO A TRAVEL SERVICE IN ACCORDANCE WITH ARTICLE L. 211-2 OF THE TOURISM CODE
The key rights provided by the tourism code:
Travellers will receive all essential information about the travel service before completing the travel contract.
Both the service provider and the retailer are responsible for the correct fulfilment of the travel service.
Travellers are provided with an emergency phone number or contact details in order to reach the service provider or retailer.
Travellers may transfer their travel service to another person, subject to reasonable notice and possibly subject to additional fees.
The price of the travel service can only be increased if specific costs increase and if this is explicitly evidenced in the contract, and in all cases cannot be changed less than twenty days before the start date of the trip. If the price increase exceeds 8% of the travel service price, the traveller can terminate the contract. If the service provider has the right to increase the price, the traveller is entitled to a reduction in price should the corresponding costs decrease.
Travellers can rescind the contract without incurring expenses and be fully reimbursed for payments made if one of the essential elements of the contract, other than the price, undergoes a material change. If, before the start of the service, the professional in charge cancels it, the travellers may obtain a refund and compensation, if applicable.
Travellers can terminate their contract without paying cancellation fees before the start of the service in the event of exceptional circumstances, for example if there are serious security issues at the location which is likely to affect the trip.
In addition, travellers may, at any time before the start of the trip, terminate the contract upon payment of an appropriate and reasonable cancellation fee.
If, after the start of the trip, essential components cannot be provided as expected, other appropriate services must be offered to the traveller, at no additional cost. Travellers can rescind the contract without incurring expenses when services are not carried out in accordance with the contract, which significantly disrupts the running of the trip and when the service provider does not rectify the issue.
Travellers are also entitled to a price reduction and/or compensation in the event of non-performance or poor performance of the travel service.
The service provider or retailer must provide assistance if the traveller is in difficulty.
If the service provider or retailer becomes insolvent, all monies paid will be refunded.
The Seller has taken out insolvency protection with APST – 15 avenue Carnot – 75017 PARIS - France
Travellers may contact this organisation if they are denied services due to the Seller's insolvency.