General Terms and Conditions for Internet hiring:
Our companies, la Compagnie Française des Loueurs de Ski and la Compagnie Internationale des Loueurs de Ski, respectively referred to as CFLS and CILS hereinafter provide Internet winter sport equipment hire to be collected at Skiset supporting dealers.
CFLS hires to any hirer domiciled in France and skiing in France whereas CILS hires to any hirer not meeting both of these requirements (i.e. hirer domiciled abroad skiing in France(i); hirer domiciled abroad skiing abroad(ii); or hirer domiciled in France but skiing abroad(iii)).
La Compagnie Française des Loueurs (CFLS) is a Limited Company (SA) with a paid up capital of 45,000 euros, registered at 424 Bureaux de la Colline - 92210 Saint Cloud - France RCS Nanterre B 401 734 892, VAT identification number : FR5840173489200029 Telephone : 00 33 1 55 39 30 00 E-Mail : skiset@skiset.com
La Compagnie Internationale des Loueurs de Ski (CILS) is a Limited Company (SA) with a paid up capital of CHF 100,000, registered at Avenue des Baumettes 3 -1020 Renens - Switzerland Federal No : CH -550-1045051-8 Telephone : 00 41 21 635 54 43 E-Mail : cils@skiset.com
Booking rental winter sport equipment through our website implies the acceptance of the below General Terms and Conditions. The General Terms and Conditions may be subject to modifications, applicable conditions are those in force on our sites on the date of booking of the hire.
Article 1 : Booking an Equipment Hire
1-1: Equipment subject to rental
All the equipment offered for rental is described on our site, with the understanding that customers are able to reserve either a category of equipment (standard offer) or a particular model (Skiset selection offer). The Skiset selection offer, based on customers choosing their own equipment, is available from the time of reservation until 7 days before the customer's start date.
Each shop may decide whether or not to carry the Skiset selection offer, and customers are informed on the reservation page by the notation «Skiset selection offer» that they may choose a specific model for an additional cost detailed on the site at the time of reservation.
Our promises for Skiset selection:
An exclusive selection of that year's models of skis
The assurance that customers will get to ski with the selected model
The satisfaction or upgrade guarantee: if the model selected at the time of reservation is not available when the customer arrives at the shop, we promise to upgrade the customer's selection; if an upgrade is not possible, the customer may request a refund for the rental from customer service. Customers will send written proof, provided by the shop, that the equipment was unavailable to Skiset's address: 424 Bureaux de la Colline, 92213 Saint-Cloud Cedex.
The cost of the hire is set by the category of equipment the hirer booked and the chosen term of the hire according to our hire prices displayed at stage 2 of our website's "booking" section. Our prices are tax inclusive, at the rate applicable when booking is placed. This cost is at least 20% lower than public prices displayed in the Skiset member shops (exclusive of Skiset selection, processing fees, or the breakage-theft insurance option).
1-3: Payment method
1-3-1: For customers residing outside of France and skiing in France (i), customers residing outside of France and skiing outside of France (ii), and customers residing in France but skiing outside of France (iii):
Customers renting the equipment at CILS must pay CILS, and exclusively by bank card.
CILS entered into a service agreement with Banque Cantonale Vaudoise B.C.V. and Telekurs, for electronic business; this agreement is called «Saferpay».
This agreement aims at ensuring all necessary features to manage a merchant service and to securely acquire payments over the Internet.
Saferpay handles trade security and ensures secret data protection (deciphering keys) and management.
Customers may pay for their rentals directly online with a bank card (Visa, Eurocard, or MasterCard). They must enter the 16 digits, the expiration date, and the 3-digit card security code for their bank cards.
Only bank cards issued within the international networks approved by GIE Cartes Bancaires are accepted.
Financial costs (bank charges in connection with the exchange rate, banking commission for payment transactions made outside the territory where the card was issued, and other banking commissions) that may be tied to payments by bank card will remain the customers' responsibility. These expenses correspond to the possible costs deducted exclusively by the customer's banking institution as a result of using the bank card.
Acceptance from the central bank card network makes effective the order that was validated by the customer on the website. In the event of a refusal from the central bank card network, our company reserves the right to cancel the reservation.
When making payment, customers are automatically connected to the payment processing centre's server. Bank data, protected by encryption, do not transit through CILS systems and are therefore not preserved by it.
1-3-2: For customers residing in France and skiing in France
Customers residing in France and skiing in France who hire equipment at CFLS must pay CFLS.
Customers may choose to pay CFLS either by bank card, bank cheque, or French "Chèque vacances", as indicated in paragraphs a) to c) hereafter.
In the event of payment by bank or post office cheque or "Chèque Vacances", customers will note their reservation number on the back of said cheque and will attach a proof of address.
a) : Credit Card secure payment
CFLS entered into a service agreement with Banque Populaire for electronic business; this agreement is called "Service Cyberplus Paiement".
This agreement aims at ensuring all necessary features to manage a merchant service and to securely acquire payments over the Internet.
Banque Populaire handles trade security and ensures secret data protection (deciphering keys) and management.
The hirer can pay their rental directly online by credit card (Visa, Eurocard or MasterCard). They are then required to enter their cards' 16-digit number and expiry date. Only cards issued endorsed by the GIE Credit Cards international network are accepted. Acceptance by the central credit card authority enforces the order validated by the hirer on the Internet. In case of refusal by the central credit card authority, our company reserves the right to cancel the booking. When proceeding to the payment, the hirer is automatically connected to the payment centre server. Bank data are protected by encryption and do not pass through CILS systems and are therefore not kept by CILS.
Payment in two installments by bank card without additional costs for any rental totalling 200 € or more made at least 40 days before the start of the rental
Customers may pay for their rentals in two installments by bank card as soon as their basket reaches 200 € and if they are making their reservation at least 40 days before the rental start date.
The card number and expiration date are encrypted and transmitted to the specialist company in secure format (SSL) and are never communicated to CFLS.
Customers must specify this choice when making their payment.
It is imperative that the customer's bank card expiration date is at least 2 months after the date on which the order is validated on the site. The 1st monthly payment will be deducted on the day the order is validated on the site (except for deferred debit cards, in which case the debit will take place at the end of the month).
The 2nd monthly payment will be deducted 10 days before the date on which the equipment is rented. For example:
For a rental totalling 800 € from 15 to 21 January 2009 validated on the website on 2 November 2008, the 1st monthly payment of 200 € will be debited from the customer's account on the day the order is validated, or 2 November 2008, and the 2nd monthly payment of 600 € will be deducted on 5 January 2009. (If paying by deferred debit card, the 1st installment will be debited from the customer's account at the end of November 2008, and the 2nd payment at the end of January 2009).
b) : Bank cheque payment
CFLS accepts bank cheque payments for the hiring of equipment (payable in France only) or giro cheques for all reservations booked more than 15 days before the first day of rental.
The cheque shall be drawn up in euros, to the order of:
CFLS SKISET
Réservations Internet
424 Bureaux de la colline
92 213 Saint CLOUD cedex
France
If the cheque is not received at least 8 days before the customer's start date, the payment for equipment rental must be made solely by bank card. If payment is not made by bank card, the reservation will be cancelled.
c) : Holiday cheque Payment
CFLS accepts French holiday cheque payments (ANCV) for the hiring of equipment or giro cheques for all reservations booked more than 15 days before the first day of rental.
CFLS recommends the hirer to send a holiday cheque for an amount lesser than or equal to the amount of the reservation, if needed supplemented by a bank or giro cheque. If the amount of the holiday cheque is higher than the reservation, CFLS will not be able to give change to the hirer.
If the "Chèque Vacances" is not received at least 8 days before the customer's start date, the payment for equipment rental must be made solely by bank card. If payment is not made by bank card, the reservation will be cancelled.
1-4 : Contract Formation
The booking is passed and comes into force only when encashment is made by CFLS or CILS -according to the aforesaid- of the total amount of the hire and reception by the hirer of a confirmation electronic message with an attached voucher to be printed out and handed out by the hirer to the chosen Skiset supporting store.
The equipment can be collected the day before the first day of ski hire from 3:30 PM and returned at the end of the last day of hire or on the next morning before 10 AM. Any return of equipment made after 10 AM on the next day of the planned return date on the voucher will entail the billing by the relevant shop of one day of rental at the prices shown in store. The rented winter sport equipment remains under full responsibility of the hirer as soon as collected by them. The hirer shall ensure its conservation and shall make use of it with due diligence at all times. Taking possession of the rented equipments remains the responsibility of the person making the hire. In case of late collection of the rented equipments, the hirer shall inform the relevant store as soon as possible. We ask the involved store to keep the booked equipment at the hirer's disposal for 24 hours. Passed this term, the equipments shall be made available for renting again, without compensation due to the hirer. The hired equipments shall be compulsory returned to the Skiset shop where they were collected. Failure to return the rented equipment - regardless of the reason - will result in the involved store to bill the hirer for the full value of the equipment at its public price as new, in addition to the cost of the hire.
The hired equipment is for the hirer's personal use only, with no possibility of sub-hiring or lending even gratuitous. The hirer is sole judge of their ability to use the hired equipment. The hirer attests to be able to use the rented equipment and pledges to use it cautiously, at no risk for third parties in accordance to the regulations in force. All equipment available for hire is recognized as being in good condition and shall be return as such. The equipment being numbered or marked shall be returned with the same numbers and the same mark. Any damage - regardless of the cause - will result in the direct payment to the involved store for the replacement or repair fees, in addition to the cost of hire; within the maximum limit of the equipment value as new.
Except for the Skiset selection offer ,CFLS or CILS shall not be held liable for delays in the availability of the rented equipment - delays due to circumstances beyond their control - notably in case of an accident; delays in the return of previously rented equipments; modification of regulation; force majeure, strikes, etc In such circumstances, CFLS or CILS will do their best to make available to the hirer an equipment of equal or higher quality according to stocks availability in the involved store.
When making the reservation, the customer can insure the hired equipment against damage (total or partial damage to the ski equipment) and theft (total or partial). The cost of this guarentee depends on the category of the equipment reserved by the customer and the rental period chosen, in accordance with the rates given below:
|
Category of equipment rented |
Cost of breakage/theft insurance per day |
|
Discovery, Fun, Star, Premium |
2 € |
|
Economy |
1.6 € |
|
Children's categories |
1 € |
The ski equipment is not insured against being forgotten, lost, or exchanged at any time during the period of the rental.
Customer's obligations in case of loss
In case the ski equipment is stolen, the customer will forward a receipt of the theft report made to the relevant authorities (the police, for example) to the shop where the equipment was hired.
In the event of damage to the ski equipment, the customer will bring the damaged equipment back to the shop where it was hired.
The hirer is given a clear 7-day cooling-off period from the booking confirmation. If this period were to end on a Saturday, Sunday or on a bank or public holiday, it shall be deferred to the next working day. However, this withdrawal right shall no longer be exercised if the rental has begun - with the hirer's consent - before the expiry of the clear 7-day cooling-off period.
6-1 : Exercising the withdrawal right In case of exercise of the withdrawal right within the clear 7-day cooling-off period, the sums paid by the hirer shall be refunded less an administrative charge of 1 per person including taxes. The refund is made whether by crediting the card used for the transaction; or by bank cheque if the hirer paid by bank cheque or holiday cheque.
6-2 : Cancellation before collecting the equipment and after the cooling-off period During the following periods : During school holidays: - All cancellation of hire until 5 days (included) before the beginning of the hire will result in the refund of the rental less a 3% cancellation fee. - All cancellation of hire between 4 and 3 days (included) before the beginning of the hire will result in the refund of the rental less a 50% cancellation fee. - Passed 3 days before the beginning of the hire, no cancellation shall be authorized and no refund shall be claimed.
Except for school holidays : - All cancellation of hire until 3 days (included) before the beginning of the hire will result in the refund of the rental less a 3% cancellation fee. - All cancellation of hire until 2 days before the beginning of the hire will result in the refund of the rental less a 50% cancellation fee. - Passed 2 days before the beginning of the hire, no cancellation shall be authorized and no refund shall be claimed.
6-3 : Cancellation after collecting the equipment In case of disease or accident occurring during the hire period, the hire conditions remain applicable. The equipment rented by the involved person only shall be returned and billed in pro rata to the number of days of hire actually spent (upon presentation of a medical certificate). In this case, the refund (less an administrative charge of 1 per person including taxes) will be made whether by crediting the card used for the transaction; or by bank cheque if the hirer paid by bank or holiday cheque. Any commenced day of hire shall not be refunded.
6-4 : Cancellation due to weather conditions In case of full closure of the ski area normally accessible from the place of equipment hire and in this case only, the involved days of hire will be refunded upon presentation of a supporting document issued by the resort's ski lift company. In this case, the refund will be made whether by crediting the card used for the transaction; or by bank cheque if the hirer paid by bank cheque or holiday cheque.
The hirer must refer to the section "Legal statements - personal data" of this site.
In case of a dispute arising out of or relating to this agreement, and failure to an out-of-court settlement, the dispute shall be resolve by the competent Court according to the applicable procedure rules. For all hire made by CFLS (hire to a hirer domiciled in France and skiing in France) the French Law shall be the sole applicable to any dispute of any kind whatsoever and the French Courts shall be of exclusive jurisdiction. For all hire made by CILS the Swiss Law shall be the sole applicable to any dispute of any kind whatsoever and the competent Courts for the ski resort where the equipment was hired from shall be of exclusive jurisdiction.