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General conditions for Internet sales

General Terms and Conditions for Internet hiring:

Recitals

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; hirer domiciled abroad skiing abroad; or hirer domiciled in France but skiing abroad).

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 designated for hire

The whole equipment available for hire is described on our website, specifying that the hirer books a category of equipment and not a particular model.

1-2 : Cost of Hire

L 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 minimum 20% lesser than public prices displayed in Skiset supporting stores (plus processing fee).

1-3 : Method of Payment

1-3-1 : For a hirer domiciled in France and skiing France paying CFLS

A hirer domiciled in France and skiing in France renting the equipment from CFLS can pay CFLS by credit card, by bank cheque, by holiday cheque as mentioned at paragraphs a) to c) below.
In case of bank, giro or holiday cheque payment, the hirer is to mention their booking number on the back of the cheque and to enclose a proof of residence.

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 in France or 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 CFLS systems and are therefore not kept by CFLS.

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

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.

1-3-2 : For a hirer domiciled abroad or in France and skiing abroad paying CILS

A hirer domiciled abroad or in France but skiing abroad and renting the equipment from CILS must pay CILS by credit 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.

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.

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.

Article 2 : Making available and returning the hired equipment – Term of hire

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.

Article 3 : Use of the hired equipment

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.

Article 4 : Availability of the equipment for rent

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.

Article 5 : Ski-Equipment Damage and Theft Insurance

When making a reservation on the "Skiset.com" site, the customer may ensure the equipment rented against damage and theft. The cost of the insurance depends on the category of the equipment reserved by the customer and the rental period chosen, according to the rates given below.

Category of equipment rented	Cost of insurance per day
Platinium/Gold/Silver	2€
Bronze	1,6€
Chlidren	1€

As with all insurance policies, there are reciprocal rights and obligations. The policy is regulated by the French Insurance Code. These rights and obligations are given below.

DEFINITIONS

INSURED PARTY: Anyone duly identified by the invoice for rental of the ski equipment issued by the "SKISET" shop as being the renter and insurer of the ski equipment.

Hereafter referred to as "you".

INSURER: GAN EUROCOURTAGE IARD, a French insurance and reinsurance company providing coverage for fire, accident and various risks, regulated by the French Insurance Code, a joint-stock company with share capital of €8,055,564, entirely paid in, registered with the PARIS Trading and Companies Register with no. 410.332.738, domiciled at TOUR GAN EUROCOURTAGE 4 and 6 Avenue d’Alsace, with legal premises in PARIS Cedex 08 (75383) at 8 – 10 Rue d’Astorg, Classification of French Activities code: 660.E.

Hereafter referred to as "we".

BROKER. PRESENCE ASSISTANCE TOURISME, simplified joint-stock insurance-brokerage company, registered in the PARIS Trading and Companies Register with no. 622.035.947, with legal premises in PARIS (75016) at 5 Rue Chalgrin. Classification of French Activities Code: 672.Z.

Hereafter referred to as "the Broker"

DOMICILE: The domicile is understood as the location of the "SKISET" shop in EUROPE.

EUROPE: "EUROPE", is understood as the countries of the European Union, Switzerland, Norway and the Principality of Monaco.

SKI EQUIPMENT: The ski equipment is understood exclusively as skis, ski poles, ski boots, snowboards and monoskis.

EQUIPMENT DAMAGE: All damage, destruction or alteration to a thing or substance.

TERRITORIAL JURISDICTION: The guarantees and/or services provided by this policy apply in "EUROPE".

POLICY PERIOD: The policy period corresponds to the ski-equipment rental period as established in the invoice issued by the SKISET shop, except in the case of early return.

The policy period may under no circumstances be longer than the ski-equipment rental period.

WHAT DO WE GUARANTEE? : We guarantee, to an amount not exceeding the amount indicated in the "Guarantee Amounts" table, the ski equipment rented through the SKISET website from SKISET shops, for the total rental period, in the event of:

- total or partial theft of the ski equipment;

- total or partial damage to the ski equipment;

WHAT ARE THE GENERAL EXCLUSIONS APPLICABLE TO THE GUARANTEES?

The insurance coverage does not apply when your request for guarantees or services are the consequence of damage resulting from:

- natural catastrophes,

- civil or foreign war, riot, popular uprising or strike,

- the voluntary participation of an insured person in riots or strikes,

- alcoholism, drunkenness, the use of drugs, intoxicants, non-prescription drugs,

- duels, bets, crimes, fights (except in the event of legitimate defence)

- any intentional act that could invalidate the contract guarantee

- practice of the following sports: bobsled, skeleton, mountain climbing, racing sled, aerial sports with the exception of parakites, as well as those involving participation or training in official competition matches organised by a sports federation,

- the absence of risk.

In addition to the exclusions specified under "WHAT ARE THE GENERAL EXCLUSIONS APPLICABLE TO THE GUARANTEES?", the coverage does not apply in the following circumstances:

. forgetting, losing or exchanging the ski equipment at any time during the entire rental period.

. indirect damage such as depreciation and/or loss of use within the context of ski-equipment theft or breakage during the entire rental period.

HOW IS THE CLAIM CALCULATED?

The ski equipment is guaranteed on the basis of the purchase value minus a depreciation deduction.

Ski equipment more than three years' old will not be guaranteed.

WHAT ARE YOUR OBLIGATIONS IN THE CASE OF A CLAIM?

A/ In the case of theft of the ski equipment, you must submit the following to the SKISET shop where the equipment was rented:

. A copy of the theft report made to a competent authority (police, gendarmerie)

. The rental invoice provided by the SKISET shop when the ski equipment was rented, specifying the start and end dates of the rental period, the name of the insured party, the nature of the ski equipment rented and insured.

B/ In the case of damage to the ski equipment, you must present the following to the SKISET shop where the equipment was rented:

- The partially or totally damaged ski equipment

- The rental invoice provided by the SKISET shop when the ski equipment was rented, specifying the start and end dates of the rental period, the name of the insured party, the nature of the ski equipment rented and insured.

CLAIM:

The claim paid in the case of theft of, or damage to, the ski equipment will be paid directly to SKISET, which will forward the amount to the SKISET shop to which the ski equipment damaged or stolen belongs.

SANCTIONS APPLICABLE IN THE EVENT OF INTENTIONAL FALSE DECLARATION ON YOUR PART WHEN MAKING A CLAIM:

Any or all fraud, concealment, or intentional false declaration on your part regarding the circumstances or consequences of a claim will result in the loss of all rights to services or compensation for this claim.

 

Article 6 : Cancellation Policy

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 :

From 22/12/2007 to 05/01/2008 included
From 09/02/2008 to 09/03/2008 included

- 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.

For all other dates (outside the above mentioned periods) :

- 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.

Article 7 : Personal Data

The hirer must refer to the section "Legal statements – personal data” of this site.

Article 8 : Applicable Jurisdiction

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.