PRO OUTDOOR ACADEMY
GENERAL TERMS & CONDITIONS OF SERVICES
1. PRELIMINARY ARRANGEMENTS
The general conditions for the delivery of Services (hereinafter referred to as the "GTCS") apply to all teaching Services (training, preparation for professional examinations, etc.), coaching of sporting activities (training courses, etc.) and additional Services (catering, accommodation, etc.) (hereinafter referred to as the "Services") offered by CDA-EVOLUTION 2 (hereinafter referred to as the "Organiser") to customers (hereinafter referred to as the “Participant(s)”).
The GTCS govern all bookings made by the Participant for one of the aforementioned Services. When making a booking, the Participant unreservedly accepts the GTCS, notwithstanding anything to the contrary.
- IDENTIFICATION OF THE ORGANISER
The Services covered herein are organised and offered to Participants by: CDA-EVOLUTION 2
SASU with a capital of 1,000.00 euros,
Head office: 137 Rue Françoise Guise 73000 CHAMBERY
Phone: +33 6 69 75 65 63 (freephone), email address: email@example.com
Intra-community VAT number: FR57 901 613 851
CSR of Chambéry registered under the number 901 613 851
- DESCRIPTION OF SERVICES
The Organiser offers Participants sports Services supervised by instructors who have undergone state-approved training, within a training centre operated under the "Pro Outdoor Academy ®" brand.
Services are offered in groups. They consist of long term (six (6) months or more) or short term (less than six (6) months) training, practice, and preparation for professional exams, with or without the loan of equipment and with or without accommodation.
Details and prices of the Services on offer can be viewed on the following website: https://evolution2.com/pro-outdoor-academy (hereinafter referred to as the "Website"). Details on the Website include:
- The sports on offer;
- Activity locations;
- Duration of the training sessions;
- Validity period of the Services;
- Other options on offer (hiring of equipment, catering, accommodation etc.);
- Registration conditions
- REGISTRATION AND BOOKING
- Registration process
All Service bookings must be registered.
The registration process is as follows:
- The customer downloads their registration form on the Website;
- The customer completes the registration form and returns it along with the supporting documents to the following email address firstname.lastname@example.org;
- The Organiser checks the customer's registration form is complete, that the supporting documents provided are correct, and that the customer meets the set criteria. For certain activities, a medical certificate stating that they are fit to practice their chosen activities may be requested;
- For "long-term ski course" Services, the customer will be sent an invitation to complete a competency test by the Organiser. The competency test includes the following: prerequisite checks, physical training test, interview with the instructor and a ski exam. Weather conditions will be taken into account to determine whether or not the customer has passed the competency test. The customer will be informed within seven (7) days of the result of the test.
Bookings made with financing through an Employment Agency, or via the Personal training account must be submitted to the Organiser no later than three (3) weeks before the start of the Services required. Beyond this date, the booking cannot be guaranteed for the dates requested.
- Reservations with financing through an Employment Agency
Bookings made with financing through an Employment Agency are made in accordance with the following:
- Upon receipt of the customer’s registration form, the Organiser draws up a quote for the Service or Services chosen for the customer’s consideration;
- The customer presents their training request to the Employment Agency;
- The customer confirms their training request on their personal Employment Agency account and answers three automatically generated questions to activate the request;
- The Employment Agency adviser chooses whether or not to accept the customer's training request, on their Employment Agency account. In the event that financing by the Employment Agency is refused, the customer must finance the full cost of the Services themselves if they wishes to continue with their registration.
- Reservations with financing through a Personal Training Account (CPF)
Bookings made with financing by the CPF are made in accordance with the following:
- Upon receipt of the customer's registration form, the Organiser draws up a quote for the Service or Services chosen for the customer’s consideration;
- The customer makes a request for the training on their CPF account;
- The Organiser has three working days to accept the customer's form, then the customer has three days to accept the offer on their CPF platform.
The Organiser adds the Participant’s details into the training course on the CPF platform for the course start date (subject to customers attendance).
- Booking confirmation
A maximum of seven days after submitting their registration form and/or, where applicable, passing the competency test, the customer receives a booking confirmation e-mail or an email informing them that their registration has been rejected.
The booking confirmation email provides a summary including the essential features of the chosen Services or Services, the price and sends the Participant the GTCS terms and conditions.
Once the Participant has confirmed the booking in accordance with the terms and conditions provided, they then proceed to the remote payment in accordance with the methods provided in Article 7.
The reservation is only finalised when the Organiser receives the payment in full. The contract of sale is then deemed to have been formed.
- Pre-contractual information
For all reservations, when confirming the booking and prior to making full payment before the contract is concluded, the Participant acknowledges that they have received communication in a clear and understandable manner in accordance the pre-contractual information listed in Article L221-5 of the Consumer Code and in particular the following information:
- the description and essential features of the Services;
- the price and date of delivery;
- the terms and conditions of the right to withdraw.
- CONDITIONS OF PARTICIPATION - SAFETY
- Convening and documentation
The Participant will receive the necessary information they need to start the Services fifteen days before.
The following documents will be given to the Participant on the first day of their Services: a schedule, a professional training agreement, a training booklet, and the Organiser internal regulations. The professional training agreement must be signed by the Participant on the start date of their Services.
A sign-in sheet must be signed each day by the Participant. At the end of the Services, an attendance certificate will be issued to the Participant, to the company, or to the funding organisation who made the request. If the Participant does not sign the attendance sheet each day during the period of their Services, the attendance certificate will not be issued.
- Gear and equipment
Taking part in any Services requires suitable technical equipment in good condition, as well as clothing suitable for each activity. The Organizer reserves the right to refuse any Participant who does not have the necessary gear or equipment to practice their chosen sport.
Safety equipment must be worn at all times when carrying out their Services.
Equipment and personal effects belonging to the Participant remains their responsibility. The Organiser excepts no responsibility in the event of theft or damage to equipment and personal effects that occurs when carrying out their Services.
The Organiser may lend equipment, free of charge, to the Participant for certain activities. Each item loaned to the Participant by the Organiser must be returned in the same condition. In the event of damage, the Participant will be held responsible and will be charged for repairs or replacement of equipment.
- Accommodation and catering
The Organiser offers Participants full board (accommodation and catering) and half board Services located within a campus at the Mélèzes hotel, Chalet-Auberge, chemin des Boisses, 73320 Tignes.
Full board includes:
- the following meals each day: breakfast, lunch and dinner;
- Shared accommodation (single room accommodation will be an addition charge at the Participant's request).
The half-board offering includes lunch each day, excluding any other meal.
Participant’s wishing to avail the accommodation and catering Services must express their wishes in their registration form at the least 7 days before the start of their Services.
The Participant must not be under the influence of alcohol or any other psychoactive substances when undertaking their Services.
The Organiser has implemented internal regulations for the "Pro Outdoor Academy" training centre which is given to the Participant on the start date of their Services and is available at the entrance of the campus and on the Website. All Participants commit to respecting the internal regulations and in particular the rules governing safety and behaviour.
The Participant's training takes place in a specific and unpredictable environment requiring that they personally ensure their own safety and that of any third parties. The Participant must pay attention to the advice given by the Organiser's instructors before and during the Services. The fact that a professional is in attendance giving advice does not remove the risks associated with the activity. The Organiser reserves the right to exclude a Participant at any time if their behaviour is likely to disturb the safety and the smooth running of the Services and/or does not respect the internal regulations. No compensation will be given in this respect.
Prices indicated on the Website and in the quotes sent to Participants are given in euros and include all taxes (TTC). Every deposit is a guarantee of enrolment, and the customer is given a quote including training costs, and, where applicable, the costs of accommodation and catering, excluding all other costs.
In general, and unless otherwise stated, the following are not included in the price of the Services: the Participant's personal expenses (in particular drinks in the campus bar, etc.) and insurance. When specified by the Organiser in the booking confirmation email, the Participant must go to the place of their chosen Services with an access pass for the ski lifts, paid for by their own means.
- TERMS AND MEANS OF PAYMENT FOR SERVICES
- Participant funding
If the Participant chooses to finance their Services themselves, they may:
- either pay the for the Services in full, in one instalment, no later than one day before their start date;
- or stagger the payment of the Services throughout the duration of the said Services, with monthly, free of charge payments, on request and in agreement with the Organiser (particularly in the case of long term training).
The Participant will receive an email confirming the cost of the full payment.
Payments are made in euros (exchange costs to be covered by the Participant, where applicable), by bank transfer or cheque issued to the Organiser and drawn from a bank account opened in France, sent by post no later than five days before the start date of the Services to the following address: CDA – Evolution 2, 137 rue François Guise 73000 CHAMBERY, France.
- Employment Agency funding
In accordance with article 5.1, an attendance certificate is given to the Participant at the end of their Services. Presentation of the certificate releases the payment covered by the Employment Agency to be sent to the Organiser. If the Participant does not attend, they will not be given an attendance certificate and will have to pay the full price themselves.
Only educational costs are covered by the Employment Agency (excluding accommodation, catering costs, etc.). The Participant must pay the remaining costs in accordance with the terms stated in Article 7.1 of the GTCS.
- Personal Training Account (CPF) funding
On the last day of their Services and subject to the Participant's attendance, the Organiser confirms the Services carried out on the CPF platform and invoices for those Services within three days. The CPF makes the payment within one month from receipt of the invoice.
Only the educational costs are covered by the organisation (excluding accommodation, catering costs, etc.). The Participant must pay the remaining costs in accordance with the terms stated in Article 7.1 of the GTCS.
- LIABILITY - INSURANCE
The Organiser is responsible for the correct implementation of Services booked by the Participant, in accordance with the conditions laid out in the GTCS. However, given the active role of the Participant during their sports training, the Organiser's liability is limited to an obligation of means. It is up to each Participant to follow the instructions given by the Organiser's instructors.
It is recommended that the Participant takes out insurance covering them against the associated risks when practicing sport in a mountain environment (civil liability, individual accident cover, assistance).
All bookings are non-transferable. The Participant may not assign or transfer their booking to anyone in any way whatsoever, either free of charge or at a cost.
- ABSENCE OF THE RIGHT TO WITHDRAW
In accordance with the provisions of Article L221-28 of the Consumer Code, there is no right to withdraw a booking for Services where the contracts are made remotely. Consequently, the Participant does not benefit from a cancellation period for any Services offered by the Organiser.
- CANCELLATION OF SERVICES
- Owing to the Organiser
For regulatory, safety or educational quality reasons, the Organiser may be forced to cancel Services before they have started, or during their delivery, in the following exceptional cases:
- If the minimum number of Participants is not reached. In this case, the Organiser will inform the Participants of the cancellation at the latest five (5) days before the start date of the Services;
- Due to a force majeure, as defined in Article 13 or any other unforeseeable event;
The Organiser will inform the Participants of any cancellation as soon as possible and will endeavour to offer replacement Services of equivalent value, on an alternative date. If the Participant does not accept the replacement Services offered, they may request to cancel the booking and be reimbursed for the amount already paid, if the Services have already started, this will be proportionate to the sessions not received. Apart from the aforementioned refund, cancellations do not permit compensation for any reason whatsoever.
- Owing to the Participant
Notification of cancellation or interruption of current or future Services must be sent to the Organiser in writing to the following address: CDA – Evolution 2,137 Rue François guise 73000 CHAMBERY, or by e-mail to email@example.com.
Cancellations will be permitted in accordance with the following terms and conditions:
- Cancellations more than fifteen (15) days before the start date of the Services will result in the Organiser giving the Participant a refund for the total amount paid.
- Cancellations between fifteen (15) days and forty-eight (48) hours before the start date of the Services will result in the Organiser giving the Participant a refund of the amount already paid, less a fine of 10% of the total amount owed by the Participant;
- Cancellations forty-eight (48) hours before the start date of the Services does not give rise to the Organiser refunding the amount already paid to the Participant.
The discontinuation of Services during delivery, or the temporary interruption to Services by the Participant does not allow for any missed sessions to be retaken, nor for any reimbursement of amounts already paid.
- CHANGE OF SERVICES
- By the Organiser
The Organiser may be forced to modify essential parts of Services. In this case, the Organiser will inform the Participant of any changes as soon as possible and will endeavour to offer replacement Services of equivalent value. If the Participant does not accept the replacement Services offered, they may request to cancel the booking, and be reimbursed for the amount already paid, if the Services have already started, this will be proportionate to the sessions not received.
- By the Participant
Any request to change a booking must be sent to the Organiser, in writing to the following address: CDA – Evolution 2, 137 Rue François guise 73000 CHAMBERY, or by e-mail to pro-outdoor-acadmy@ evolution2.com, no later than fifteen (15) days before the start date of the Services. The Organiser must respond within seven (7) days of the request and reserves the right to refuse any request for change.
- 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 (in particular weather conditions making the delivery of courses dangerous, closing of slopes, lack of snow, technical or administrative closures, etc.), the obligations of the Organiser are automatically suspended and their liability is not initiated as a result. However, the Organiser may offer the Participant an alternative date to take the Services booked which were affected by the force majeure.
- EVIDENCE, PRESERVATION AND ARCHIVING
In accordance with article L213-1 of the Consumer Code, for any online booking of an amount greater than or equal to 120 euros, the Organiser maintains the Participant's booking records for a period ten (10) years from the delivery of the Services and guarantees access to the record at any time during this period.
- CANCELLATION CLAUSE
Except in cases of force majeure, in the event that the Organiser fails to fulfill its obligation to provide the Services on the date or within the period indicated to the Participant, the Participant may, by recorded delivery, with acknowledgment of receipt, or in writing via an alternative data carrier, (i) notify the Organiser that they are suspending their full payment, or part payment until the Organiser delivers, or (ii) that they are terminating their contract, if, after giving notice, under the same terms and conditions, within a reasonable additional time period, the Organiser of the Services has failed to comply. The contract is considered terminated when the Organiser receives the letter, or written notice informing them of the cancellation unless in the meantime the Organiser has complied. However, the Participant may terminate the contract immediately if the Organiser refuses to provide the Services, or when they do not carry out their obligation to provide the Services on the date, or within the period indicated to the Participant, and this date or period of delay constitutes a key condition of the contract for the Participant. This key requirement results in the termination of the contract or a specific request from the Participant resulting in the cancellation of the contract (Article L216-6 of the Consumer Code).
- INTELLECTUAL COPYRIGHT
The Organiser's website is subject to French copyright legislation. Total or partial reproduction of trademarks, logos, or distinctive signs from this website, without the explicit written authorisation from the Organiser is prohibited under of L713-2 of the Copyright Code.
- PERSONAL DATA
Personal data collected during the booking process is subject to handling for the following purposes:
- managing the Participant's Services booking - this is required to complete the contract between the Organiser and the Participant;
- the Participant's access to the Services and the delivery of the Services - this is required to complete the contract between the Organiser and the Participant;
- generation and storage of training certificates - this is required to complete the contract between the Organiser and the Participant;
- sending the Participant special offers, newsletters, invitations to take part in games, competitions, or customer satisfaction surveys - processing this information is based on a legitimate interest for the Organiser to improve their activities.
Unless otherwise stated on the data collection form, it is necessary to complete all the relevant fields so it can be processed accordingly.
It is the responsibility of the Organiser, represented by its President, to carry out the processing.
The data is intended for the Organiser and their contractors whose involvement is necessary to carry out the processing as mentioned above.
Period of preservation
Data is kept for the following time periods:
- data collected when booking Services: for the purposes of keeping a history of transactions; for ten (10) years from the date of collection.
- data necessary for keeping training certificates: for six (6 years) from the certificates date of issue;
- data necessary to send the Participant special offers, newsletters, etc. are kept for three (3) years from the date of collection, this period is renewed every time there is an interaction between the Participant and the Organiser (for example, receipt of a new booking).
Data will be deleted at the end of these timeframes.
In order to maintain the confidentiality and security of the Participants' data, and in particular, to protect them against unlawful or accidental destruction, accidental loss or alteration, or even unauthorised disclosure or access, the Organiser, in accordance with the applicable legal arrangements, takes appropriate technical and organisational measures. In this regard, the Organiser puts technical measures (such as firewalls), and organisational measures (such as a usernames and password systems, means of physical protection, etc.) into place.
Each Participant has the right to access, modify or delete data relating to themselves, or to have it transferred, or to transfer it to a third party, to restrict processing, or to oppose processing. The Organiser will comply with the request subject to the legal obligations.
The Participant has the right to withdraw their consent to receive messages from the Organiser's associates at any time. Removing consent does not affect the processing legalities which took place before this withdrawal.
The Participant may exercise these rights by contacting the personal data protection officer appointed by the Organiser:
- by e-mail to the following address: firstname.lastname@example.org; or
- by post to the following address: CDA – Evolution 2, 137 Rue François Guise, 73000 CHAMBERY.
In the interest of confidentiality and protection of personal data, the Organiser 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 containing a date and place of birth and bearing a signature.
The Participant may also submit a complaint to the CNIL if they consider 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 registered with the Organiser, they can block their number at any time by adding it to a list of subscribers opposed to cold calling at the following website www.bloctel.gouv.fr
- COMPLAINTS AND DISPUTE RESOLUTION
The GTCS are subject to French law.
Any complaint relating to the booking or delivery of Services must be sent to the Organiser by recorded delivery with acknowledgment of receipt, within a maximum period of twenty (20) days from the end date of the Services, accompanied by all supporting documents ((i) issued to the Participant as part of their booking and (ii) demonstrating the reasons for their complaint (medical certificate, photographs, reports, etc.), to the following address: CDA – Evolution 2, 137 Rue François guise 73000 CHAMBERY; otherwise the claim will not be processed.
Any Participant who has not obtained a satisfactory response to their complaint within sixty (60) days after referral to the Organiser's complaints department, may seek mediation free of charge with the Tourism and Travel Mediator according to the terms and condition set out on their website www.mtv.travel (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 Organiser. If an amicable agreement is not reached, the dispute may be brought before the Chambéry Commercial Court by the most diligent party, irrespective of multiple defendants or warranty claims.