RENTALS TERMS AND CONDITIONS  

RECITALS

The Company ESDI  is authorized by the Hire Shop ESKIADOR to record bookings (referred to hereafter as “Booking”) on this Website for various winter sports equipment hired by the Customer (referred to hereafter as “Hire”).

These Rental Terms and Conditions (referred to hereafter “RTC”) are intended to define the terms and conditions governing the Booking and Hire of different equipment and services on the Website. All Bookings and Hires are governed by these RTC.

By confirming a Booking on the Website, the Customer fully accepts these RTC.

CONTRACTING PARTIES :

-          The User, referred to hereafter as “the Customer”

-          Eskiador Ski Shop belonging to WINTER,  SNC au capital de 820 000€ RCS Chambery B 392 484 580 Residence Les Temples du Soleil 73 440 VAL THORENS. Mail : valthorens@eskiador.com, , referred to hereafter as “Hire Shops”.

-          La Société ESDI, owner of the web site - location-vacances-au-ski.com, Managing director: M. Stéphane CRAFFE, Hameau d'Herbefin, 73480 LANSLEBOURG       

Tél : 04 79 05 94 20, Immatriculé 43950155200038 au RCS de Chambéry.                                   N° TVA Intracommunautaire : FR 61439501552 , referred to hereafter as “The Company”

ARTICLE 1: EQUIPMENT AND SERVICES

The different equipment and services offered on the Website are described according to categories and types. The photographs and details are provided for information; they are given as an example and are not contractually binding.

The Hire Shops undertake to provide quality technical equipment equivalent to the category booked.

The customer has the option to indicate his/her height, weight and shoes size for the equipment required.

The equipment is available subject to confirmation by the Company via an email sent to the address provided by the Customer.

ARTICLE 2: BOOKING TERMS  

2.1- To make a Booking, the Customer follows the steps below:

1. Indicates a hire period of 1 to 14 days maximum by selecting the first and last day of hire.
2. Selects the equipment required by adding his/her chosen categories of equipment to his/her booking.
3. Selects the services of said shop by adding his/her chosen services to the booking.
4. Signs in to make an on-line booking, or does an express booking using his/her email address and password or email address only.
5. Selects his/her payment method (card) then reads the Terms and Conditions of Hire.
6. After accepting the RTC, proceeds with payment.

2.2 - Payment by card via Hipay:

The Booking only becomes effective once the Company has received the approval of Hipay, which controls payments by card. On receipt of the approval of Hipay, an email confirming the Booking is sent to the Customer, with confirmation of the details of the equipment booked, the Hire period and the price, as well as the name and address of the Hire Shop. This confirmation must be printed out and presented by the Customer at the Hire Shop on the first day of the Hire period.

If the card is refused, the Customer is informed directly of this refusal on the Website. The Company reserves the right to purely and simply cancel the Booking previously recorded.

ARTICLE 3: PRICE OF HIRE

3.1 – Price:

The price of the Hire is determined according to the category of equipment booked, the service booked and the Hire period chosen on the basis of the prices applicable for the period selected on the date of the Booking.

The price is inclusive of tax and expressed in Euros; administrative fees are included in this price.

This price is equivalent to or less than the retail price displayed in the Hire Shop .

Customers of the Website may receive a discount of up to 50% on the applicable retail price for the period selected on the date of the Booking.

Any equipment hire arranged directly in a shop and not previously booked on the Website shall be subjected to the prices applied by said shop.

Offers made on this Website cannot be combined with any promotional offer whatsoever made outside said website.

3.2 – Payment

For the booking to be accepted, the Customer must make a partial payment at the time of Booking.

Partial payement covers:

-          Deposit of 20% of the price indicated in article 3.1 above.

-          Theft , loss, damages warranty, where applicable.

-          Delivery service if selected.

The sums due for the Booking are paid by credit card via a secure transmission system.Only cards with the CB, Visa, MasterCard, Carte Bleue, e-Carte Bleue symbol, issued in France or part of international networks accredited by GIE “Cartes Bancaires” are accepted. Transactions are in Euros.

3.3 – Payment of Balance of price

The balance of the price due for the Booking will be paid by the Customer directly to the Hire Shop when picking up the equipment.

ARTICLE 4: COLLECTION OF HIRE EQUIPMENT

Hire Equipment is collected from the Hire Shop with which the Booking has been made and confirmed in the Booking email.

Hire Equipment is handed over to the person who made the Booking, under his/her sole responsibility, on presentation of the confirmation email for the Booking.

Hire Equipment can be picked up the day before the first day of hire, from the time indicated by the Hire Shop on the Website (generally 5 p.m.), and subject to availability.

The Hire Shop gives the Customer a hire receipt detailing the equipment hired, the date of collection, the equipment and the scheduled date for the return of the equipment. This receipt is signed by the Customer on receipt of the equipment.

The Customer may be asked for ID when collecting the equipment.

The Hire Shop may also ask for a deposit, for a maximum amount equivalent to the public sale price including tax. The deposit can be in the form of a credit card imprint or a debit authorization. It will be returned in full to the Customer when the Hire Equipment is returned, except in the cases mentioned in article 9 below.

The Hire Shop must be informed of any delay in picking up the Equipment booked.

After 10 o’clock the following day, the Company will retain an amount equivalent to a partial payment, namely: 

-          Deposit of 20% of the price indicated in article 3.1 above.

-          Theft , loss, damages warranty.

-          Delivery service if selected

If the Client wants to pick up his equipment with lateness due to the case of force majeure, which he must prove, the store will make its best effort to provide it. It is hereby specified that the Renting Store cannot be held responsible for an absence of availability (force majeure means any event that is beyond the control of the party, unforeseeable and irresistible and as defined by the jurisprudence).

If the Customer has paid in full, the Company shall refund the difference within 30 days, by crediting the card used for the transaction.

ARTICLE 5: AVAILABILITY

The Hire Equipment will be available in the Hire Shop for the selected period. Therefore, the hire automatically ends on the dates and times indicated on the hire receipt.

The Company cannot be held liable for any failure or delay in the provision of equipment by the Hire Shop concerned.

Hire Shops cannot be held liable for delays in providing Hire Equipment for reasons outside their control or in the event of force majeure. In such a case, the Hire Shop shall endeavor to provide the Customer with equipment of an equivalent or superior quality to that booked, at no extra charge, according to the equipment available in the store.

Any claim concerning Hire Equipment must be sent directly to the Hire Shop, by registered letter with return receipt no later than 3 working days after the end of the Hire period.

ARTICLE 6: CHANGING A BOOKING

Bookings cannot be changed on the Website.

Only the Hire Shop customer services department is authorized to change bookings at the Customer’s request. This can be achieved by sending an email to valthorens@eskiador.com with the following details:

-          “Change of booking” in the subject of the email,

-          The booking number and details of the change in the body of the email.

ARTICLE 7: CANCELLING A BOOKING

7.1 – Right of withdrawal

The Client has a right of withdrawal the Rental of the equipment as long as he does so within a period of 14 calendar days as of the receipt of the Reservation confirmation E-mail, by sending a request for withdrawal : by email to valthorens@eskiador.com

The Company will return the amount paid from the reservation received by bank transfer to the bank account used for the reservation within a maximum period of 30 days following the request for withdrawal.

Beyond this period of 14 days, the Client can cancel a reservation with the following terms:

7.2 – Cancellation before collection of equipment

Cancelling a booking cannot be done on the Website.

Only the Hire Shop customer services department is authorized to cancel bookings at the Customer’s request.

This can be achieved only 7 days before  the customer arrival date by sending an email to valthorens@eskiador.com with the following details:

•  “Cancellation of booking” in the subject of the email,
• The booking number and reason for cancellation in the body of the email.

The Company will reimburse the amount paid by the Client within a maximum period of 21 days by crediting the card used for the transaction.

7.3 – Cancellation after collection of equipment

Cancellation is no longer possible after the Customer has collected the Equipment from the shop. The Customer cannot claim any refund of the sums paid when booking.

ARTICLE 8: HIRE PERIOD

The Hire period is as indicated on the Booking. A day starts at 9 a.m. and ends at 6 p.m.

This period cannot be amended without the agreement of the Hire Shop.

ARTICLE 9: USE/RESPONSIBILITY/RETURN

Hire Equipment can only be adjusted by the Hire Shop.

The Customer assumes full responsibility for the Hire Equipment once he picks it up and until it is returned in full. Equipment is deemed to be in good condition and fit for normal use and must be returned as such.

Any issues regarding the condition of Hire Equipment must be indicated to the Hire Shop when picking up the Equipment. Failing this, no claims will be accepted subsequently.

At the end of the hire period indicated on the hire receipt, if the equipment is not returned on the date and at the time indicated, the Customer shall remain solely responsible for the Equipment in his possession until it is returned.

The Hire Equipment is returned at the end of the day of the period indicated in the hire receipt or the following day before 10 a.m. For any late return after 10 a.m. the following day, the Hire Shop may charge an additional day of hire per day of delay, at the price indicated in the shop.

If equipment is not returned, appropriate proceedings may be implemented, with the associated costs being paid by the Customer, in addition to the cost of the Equipment not returned invoiced at market value excluding tax on the expected date of return, the hire charges and any damages.

The Customer remains liable for any damage to Hire Equipment, with the exception of normal wear or hidden defects. For any other damage, the Customer shall be liable for the payment of the repair or replacement costs of said Equipment, up to a maximum of the replacement as new value based on current retail prices, in addition to the price of the hire. The Customer undertakes to pay these costs on the return of the Hire Equipment, if applicable by charging against the deposit indicated in article 4 of these RTC. Any repair is carried out exclusively by the Hire Shop.

The Customer has the option to arrange cover for the risk of theft and breakage of the Hire Equipment, by taking out the Warranty indicated Article 3-2.

In that case the deductible for which the Client will still be responsible is established on the basis of the category of guaranteed ski equipment:

-          25 € for children’s skis and snowboards including baby, blue and red packages.

-          40 € for adults skis and snowboard including Primo, greeb, blue, red, mini ski, black and free style-packages.

-          50 € for adults skis including diamond, free ride, free rando and infinity packages.

The guaranty is limited to a sole loss per piece of guaranteed ski equipment and per warranty period.

ARTICLE 1O: PERSONAL INFORMATION

All personal information collected from Customers is required to handle their bookings.

In accordance with act no. 78-17 of 6 January 1978, as amended by act 2004-801 of 6 August 2004, Customers have a right to access, correct and suppress information held about them as set out in the "Terms and Conditions of Use" of this Website.

ARTICLE 11: INTELLECTUAL PROPERTY

The contents of this website, including graphics, images, text, logos and the formatting thereof, is the exclusive property of the Company, with the exception of marks, logos or contents belonging to other partner companies.

Any total or partial display of this website by any means whatsoever, without the express permission of the Company, is prohibited and shall constitute an infringement of intellectual property rights penalized by the intellectual property code.

Any total or partial reproduction of the marks or logos of the Company or its partners using the elements of this website, without the express permission of the Company or the owner of the logo or mark, is prohibited in accordance with the provisions of the intellectual property code.

ARTICLE 12: SEVERABILITY

If any clause of these Rental Terms and Conditions is held to be invalid, unlawful or inapplicable, this shall not affect the validity of the other clauses.

ARTICLE 13: DISPUTES/GOVERNING LAW

These RTC are governed by the laws of France.

Only the Court situated in the jurisdiction of the Hire Shop shall be competent to settle any disputes resulting from the application or interpretation of these RTC.