GTC – DATA PROTECTION – LEGAL MENTIONS

GENERAL TERMS AND CONDITIONS FOR THE SALE OF INSTRUCTION AND SUPERVISION SERVICES FOR SKIING AND OTHER WINTER SPORTS DISCIPLINES BY E.S.F. INSTRUCTORS

E.S.F. Mijoux La Faucille
Address : La vieille Faucille 01170 Gex Téléphone :0450413134
Email: esffaucille2@orange.fr

Hereinafter referred to as “E.S.F.”

You can now sign up for the services dispensed by E.S.F. instructors 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 betransmitted automatically to the E.S.F.
For the other distance selling modes, please contact the E.S.F.

Registration for the services of the E.S.F. implies unreserved acceptance of these general terms and conditions.

ARTICLE I – SERVICES

All E.S.F. 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 E.S.F. 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 the E.S.F.

Accordingly, the E.S.F. 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.

The E.S.F. 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 the E.S.F. 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

The E.S.F. prices are presented in the E.S.F. catalogue and on the online sales site, accessible via esf.net and via the specific E.S.F. site concerned.

The prices stated comprise the teaching service dispensed by an E.S.F. instructor, to the exclusion of 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 the pupil 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 the E.S.F. 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 the E.S.F. 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 E.S.F. via S-money (secure service developed by a company of the Banque Populaire Caisse d’Epargne Group).

The E.S.F. 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 the E.S.F.

The E.S.F. 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 12° of article L.221-28, concerning leisure activity services that are to be provided on a specific date.

ARTICLE VI – REQUEST FOR REFUND OF MEDALS

Valid only if purchasing an ALL-IN PACKAGE: Ski lessons + medal.

If you have purchased an ALL-IN PACKAGE (ski lessons + medal) and you do not wish to receive a medal, it is possible to obtain a refund for the medal, at the public price, by request at the E.S.F. ticket office during the period of the lessons. After the final day of lessons, no refunds can be made.

ARTICLE VII – CANCELLATION OR CURTAILMENT BY THE CUSTOMER

7.1: Cancellation before the start of the service with partial payment

7.2.1: Cancellation earlier than 15 days before the start of the service:

      • If you have taken out personal cancellation insurance (in particular, that proposed by the E.S.F. when purchasing online), please refer to the insurance conditions.
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      • If you have not taken out cancellation insurance, and provided that you are unable to ski as testified by a medical certificate covering the period of the service:

The E.S.F. shall propose to postpone the service, if this is possible, otherwise it shall refund all sums paid less the administrative costs (10% of the transaction with a minimum of 20 euros, for a week group lesson, 10% of the transaction with a minimum of 25 euros for a week private lesson,10% of the transaction with a minimum of 6 € for a single group lesson).

      • In all other cases: the E.S.F. shall refund you the price paid less the administrative costs (10% of the transaction with a minimum of 20 euros, for a week group lesson, 10% of the transaction with a minimum of 25 euros for a week private lesson,10% of the transaction with a minimum of 6 € for a single group lesson) to which will be added compensation for breach of contract (10% of the transaction with a minimum of 20 euros, for a week group lesson, 10% of the transaction with a minimum of 25 euros for a week private lesson,10% of the transaction with a minimum of 6 € for a single group lesson).

7.2.2: Cancellation within 15 days of the start of the service:

      • If you have taken out personal cancellation insurance (in particular, that proposed by the E.S.F. when purchasing online), please refer to the insurance conditions.

      • If you have not taken out cancellation insurance, and provided that you are unable to ski as testified by a medical certificate covering the period of the service:

        the E.S.F. will reimburse the sum that you have paid less expenses (10% of the transaction with a minimum of 20 euros, for a week group lesson, 10% of the transaction with minimum of 25 euros for a week private lesson,10% of the transaction with a minimum of 6 € for a single group lesson).

      •  For a cancellation the day of the lesson (one course group lesson or one course little group lesson or private lesson) the ESF will not reimbirse the sum that you had paid.

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

7.3: Curtailment during the service:

    • If you have taken out personal cancellation insurance (in particular, that proposed by the E.S.F. when purchasing online), please refer to the insurance conditions.

    • If you have not taken out cancellation insurance and provided there is a legitimate reason (cf. above): the E.S.F. shall propose to postpone the service, if this is possible, otherwise it shall refund the non- consumed part of the service in the form of credit calculated on the basis of the unit price, less the administrative costs (10% of the transaction, with a minimum of €20).

 

ARTICLE VIII – CANCELLATION / CURTAILMENT / EXCLUSION BY THE E.S.F.

8.1: Cancellation/curtailment

The E.S.F. reserves the right to cancel or terminate 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.

8.2: Refunds

    • In any of the cases stated in article 8.1: the E.S.F. shall refund the sums paid by the customer in the event of the service being cancelled, and in the case of curtailment shall award the customer credit calculated on the basis of the unit price.

    • In all other cases: the E.S.F. shall refund the sums paid by the customer and shall also pay the custo- mer compensation equal to these sums in the event of cancellation of the service, and in the event of service curtailment shall award the customer credit calculated on the basis of the unit price, as well as paying the customer compensation equal to the sum of the credit.

  • 8.3: Exclusion 
  •  
    • The E.S.F. 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 IX – SPECIAL COVID-19 INFORMATION

For all bookings that are cancelled on account of COVID-19, all sums paid shall, upon presentation of proof (such as a medical certificate or a copy of an institutional decision):

    •   Be carried over, if this is possible, otherwise,

    •   Be refunded.

      If the service is curtailed on account of COVID-19, the sums paid shall be carried over, if this is possible, otherwise they shall be refunded on a “prorata temporis” basis.

ARTICLE X – RESELLING OF SERVICES

Any reselling of services dispensed by the E.S.F., in particular via apps, intermediate websites and/or reselling platforms, is prohibited without the express agreement of the E.S.F.

ARTICLE XI – 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 XII – MEDIATION

After reporting the matter to the E.S.F. 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.

PERSONAL DATA PROTECTION CHARTER FOR THE CUSTOMERS AND/OR PUPILS OF THE E.S.F.

In the framework of the services that it proposes, the E.S.F. is required to collect your personal data. This charter describes how the E.S.F. may use these data, in accordance with the provisions of the

GDPR (General Data Protection Regulation of 25 May 2018).

1. DID YOU KNOW?

E.S.F. instructors all work in a freelance capacity.

They form local groupings in their respective E.S.F. ski schools for organising teaching, supervision and activities involving skiing and other snow sports at the resorts.
For ensuring the defence of their interests they are also grouped together into Syndicats Locaux (“Local Trade Unions”) which are legal entities. There is one Syndicat Local (“Local Trade Union”) per resort.

The designation “Ecole du Ski Français” (“French Ski School”) is authorised by the Syndicat National des Moniteurs du Ski Français (S.N.M.S.F. – “National Union of French Ski Instructors”), founded in 1945. The latter’s objective is to organise the profession by ensuring that instructors enjoy autonomy in their organisation and teaching.

When you are a recipient of E.S.F. services, your personal data are therefore processed both by the Syndicat Local and by the S.N.M.S.F., each acting as a processing manager pursuing its own ends.

In other words:

    •   The Syndicat Local processes your data for managing its contractual relations with you (invoicing, payment, bookings management, etc.), for the purpose of conducting marketing operations and to comply with its legal obligations.
    •   The S.N.M.S.F. processes your data since it manages the central bookings IT system enabling the Syndicats Locaux to collect the data required for organising the E.S.F. services. The S.N.M.S.F. manages this IT system for the needs of CRM processing.

2. WHAT KINDS OF DATA ARE COLLECTED?

a. General case

Your personal data collected when you choose to register (online or at the ticket desk), with or without booking, are as follows:

      •   Surname
      •   Forename
      •   Gender
      •   Date of birth
      •   Proficiency level
      •   Language(s) spoken
      •   Postal address(es)
      •   Email address(es)
      •   Phone number(s)
      •   Address at the resort
      •   Bank account details

b. Photos or videos

Photos may be taken or video recordings made during lessons and competitions, for the purposes of E.S.F. promotion and communication. The consent of the pupils (or of their legal representative when they are minors) for broadcasting these images is obtained via a form.

c. “Star” test and E.S.F. competition results

If you have taken part in the “STAR” tests and/or E.S.F. competitions, your results shall be made public and posted on the premises of the Syndicat Local and online.

d. Banking data

The banking data transmitted when placing your order are not collected by the Syndicat Local or the S.N.M.S.F. Encryption technology is deployed by our service provider for securing your transactions.

3. FOR WHAT PURPOSES?

Your personal data are collected for the exercise of E.S.F. activities.The data shall be kept (aggregated and anonymous) for statistical purposes.

Only data strictly required for the smooth running of the E.S.F. services and for the safeguarding of your vital interests shall be requested of you.

If a third party (cf. below) needs to use your personal data, we shall ensure that said party is capable of protecting the data.

We therefore pursue a legitimate interest in using your personal data, and this use does not impinge upon your liberty and your interests.

4. WHO ARE THE DATA RECIPIENTS?

To guarantee you a quality service, your data are intended for:

    •   the management team of the Syndicat Local of your resort;
    •   your E.S.F. instructor;
    •   the S.N.M.S.F. IT department;
    •   our IT (technical services) and web e-commerce development (sales analysis, CRM tools)

      subcontractors;

    •   the local authorities, if required by law.

5. DATA SECURITY

The information collected shall be saved in a secure computer file of the Syndicat Local and the S.N.M.S.F.

Appropriate measures shall be taken both technically (e.g., firewalls) and organisationally (e.g., login/password, physical means of protection, etc.) to protect your data from destruction, loss or misappropriation and unauthorised access, modification or disclosure, be these actions illicit or accidental.

6. YOUR RIGHTS

You have a right of opposition, access, rectification and deletion concerning your personal data.
To exercise your rights, simply contact the Syndicat Local ESF Mijoux La Faucille 01170 by post mail.

7. DATA STORAGE TIME

The collected data are stored, archived then rendered anonymous by the Syndicat Local and the S.N.M.S.F.

Before being rendered anonymous, the personal data of customers / pupils shall be archived for 10 years from the booking date for accounting purposes (since invoices must be kept for 10 years from the end of the financial year).

Before being archived, the data shall be saved for 3 consecutive seasons in the “active base” of the Syndicat Local for canvassing purposes. At the end of the aforesaid period, the data shall be archived if you have not responded to any approach from the E.S.F.

8. COOKIES AND TAGS

a. Cookies

A cookie is a data file sent to your browser and saved on your terminal (e.g., computer, smartphone). This file contains information such as your domain name, your Internet service provider, your operating system and the dates and times of access.

If you visit its website, the Syndicat Local is liable to process the information concerning your activity on its site, such as the pages viewed and the searches conducted. This information is intended to improve the content of the site and your browsing experience.

You can configure your browser software to restrict the cookies that are saved on the terminal. This may in turn restrict your user experience on the site.

b. Tags

The Syndicat Local may occasionally use tags to assess how you respond to its website and the efficiency of its actions (e.g., number of times a page has been viewed).

PUBLICATION

Director of publication: SAUBOT Sophie
This site is published by:
Local Association of French Ski Instructors of Ecole Du Ski Français de Mijoux La Faucille, a trade association governed by the Act of 21 March 1884
Address: La Vieille faucille 01170 GEX
Phone: 04.50.41.31.34
Registered with the town hall of Mijoux
SIRET number: 32879074600015
APE code: 911A corresponding to the activity Organisation patronale et consulaire

WEBSITE PRODUCTION AND HOSTING

The site made by Véronique Saubot The site is hosted 1&1 internet sarl Phone: 097080891

PHOTO CREDITS INTELLECTUAL PROPERTY

All intellectual property rights, in particular copyrights, pertaining to the general structure of the E.S.F. site of ESF de Mijoux La Faucille and to the texts, images (still or moving), photos, audio and any other constituent elements of the E.S.F. site of ESF de Mijoux La Faucille remain the exclusive property of the Local Assocation of French Ski Instructors of l’ESF de Mijoux La Faucille , apart from elements protected by the intellectual property rights of and belonging to third parties.

The  available information on the websites can only be used for strictly personal purposes.

Any use, commercial or otherwise, in particular any downloading, copy, reproduction, modification, distribution, transmission, broadcasting, adaptation, translation or representation, in whole or in part, of the website by any current or future means on any current or future medium without the prior written consent of the Local Association of French Ski Instructors of ESF de Mijoux La Faucille is prohibited and may give rise to prosecution, particularly under the counterfeiting laws, as sanctioned by articles L.335-2 ff. of the French intellectual property code, subject to application of article L.122-5 of said code.

This prohibition is valid whatever the process of reproduction, representation and/or modification, and whatever the duration.

Any authorised use of the constituent elements or elements featuring on the website and belonging to the Local Association of French Ski Instructors of ESF de Mijoux La Faucille must take place without any adulteration, modification or alteration whatsoever.

The name E.S.F. is a trademark of the National Association of French Ski Instructors with the number 1725190 in its latest version.
Any use of a similar or identical sign to designate identical or similar products and/or services is prohibited without the express prior authorisation of the National Association of French Ski Instructors.

HYPERTEXT LINKS (LIABILITY)

With regard to the hypertext links on the site directing users to other websites, the Local Association of French Ski Instructors of ESF de Mijoux La Faucille shall not be held liable for the content of these sites.

Once a user has been redirected to a website published by a third party, the latter’s general terms and conditions become applicable to the exclusion of the general terms and conditions of the l’ESF de Mijoux La Faucille E.S.F. website.

Establishing a link to our site requires no authorisation. The Local Association of French Ski Instructors of ESF de Mijoux La Faucille declines all liability in this case.

MEDIATION

After reporting the matter to the E.S.F. management, and in the absence of a satisfactory response or in the absence of any response within 60 days, the customer may bring the complaint before the Tourism and Travel mediator, whose contact and procedural details may be found on the site: www.mtv.travel.