TERMS & CONDITIONS
Oxygene general terms and conditions of sale.
Ski and snowboard instructional services.
Article 1 – Introductory statements
1.1. These general terms and conditions of sale (or “GTCS”) apply to all bookings for ski and/or snowboard instructional services (or the “Instructional Services”), where applicable including other services such as meals and ski lift passes (the “Ancillary Services”), referred to collectively as the “Services”, which are made by a consumer or non-professional (the “Customer”) with an OXYGENE Group company, as described below.
The Services are more fully described on the OXYGENE website, available at: http://www.oxygene.ski (the “Website”).
1.2. The OXYGENE Group is made up of:
– OXYPLA, a limited liability company with capital of €22,000, registered with the Chambéry Trade and Companies Register under number 522 976 422, TVA no. FR625 2297 6442, having its head office at Immeuble l’Orée des pistes 73210 MACOT LA PLAGNE, which manages ski and snowboard schools at:
- La Plagne located at Immeuble l’Oree des Pistes, 73210 LA PLAGNE
- Belle Plagne located at Immeuble Pierre de Soleil, 73210 LA PLAGNE
– OXYVAL, a limited liability company with capital of €104,000, registered with the Chambéry Trade and Companies Register under number 493 191 589, TVA no. FR234 9319 1589, having its head office at Résidence des Cimes 73150 VAL D’ISERE, which manages a ski and snowboard school at the abovementioned address;
– BIG BLUE, a limited liability company with capital of €8,947.91, registered with the Chambéry Trade and Companies Register under number 437 732 183, TVA no. FR854 3773 2183, having its head office at Galerie des Cimes – Méribel Centre 73550 LES ALLUES, which manages ski and snowboard schools at:
- Méribel located at Galerie des Cimes, 73550 MERIBEL
- Courchevel located at Place de Rocher, Courchevel 1850, 73120 SAINT BON TARENTAISE
- La Tania located at Immeuble le Grand Bois, La Tania, 73125 LA PERRIERE
– VT45, a limited liability company with capital of €1,000, registered with the Chambéry Trade and Companies Register under number 813 102 142, TVA no. FR058 1310 2142, having its head office at Résidence Les Pionniers – Grande Rue – Val Thorens 73440 SAINT MARTIN DE BELLEVILLE, which manages ski and snowboard schools at:
- Les Menuires located at Reberty Village, Chalet Alex, 73440 LES MENUIRES
- Val Thorens located at Gallery Peclet, 73440 VAL THORENS.
OXYPLA, OXYVAL, BIG BLUE and VT45 are referred to below, jointly or separately, as the “Company” or the “Companies”.
The Companies operate under the OXYGENE brand, under which several ski and snowboard instructors have decided to offer their snow sports instructional services, by assigning management duties to the Companies as described below.
The Companies carry out the following activities:
– promotion of the abovementioned schools, management services such as lesson scheduling (bookings, instructor schedules) and marketing of various lessons, in the capacity as agents for the ski and snowboard instructors, independent professionals who are themselves part of joint operating agreements attached to the abovementioned schools (or the “School”).
It is specified that, with regard to the Instructional Services, the Companies act as agents for the abovementioned instructors, who are independent professionals, are registered with URSSAF and have taken out civil liability insurance in this capacity. They are solely and entirely responsible for performance of the Instructional Services;
– marketing of Ancillary Services, secondary to the Instructional Services provided by the instructors, on their own behalf.
1.3. To conduct their business, the Schools hold the following authorisations:
– La Plagne: authorisation no.ET73930286 issued by DDCSPP DE LA SAVOIE
– Belle Plagne: authorisation no. ET73121384 issued by DDCSPP DE LA SAVOIE
– Val d’Isère: authorisation no.ET7300893 issued by
– Méribel: authorisation no.ET7390031 issued by the DDCSPP DE LA SAVOIE
– Courchevel: authorisation no.ET73980724 issued by the DDCSPP DE LA SAVOIE
– La Tania: authorisation no.ET73000903 issued by the DDCSPP DE LA SAVOIE
– Les Menuires: authorisation no ET07152409 issued by DDCSPP DE LA SAVOIE
– Val Thorens: authorisation no ET07152409 issued by DDCSPP DE LA SAVOIE
1.4. Any booking or order for Services implies the Customer’s express acceptance of the GTCS, of which the Customer acknowledges receipt (they are posted at the Companies’ business premises, available on the Website and/or disclosed to the Customer prior to any reservation or booking). The GTCS prevail over any other provisions.
The information set forth in these GTCS, as well as that appearing on the Website, constitute advance notice to the Customer in accordance with Articles L111-1 et seq. of the Consumer Code.
The Customer acknowledges receipt of all precontractual information, in accordance with the Consumer Code, and by placing an order, accepts them with full knowledge thereof.
Article 2 – Services
The GTCS relate to:
Ski or snowboard Instructional Services, provided individually or in groups by instructors, marketed and managed on their behalf by the involved Companies;
Ancillary Services, specifically those services likely to be sold along with Instructional Services, including meals and ski lift passes.
The Services are more fully described on the website.
Article 3 – Contracting process – Contract – Term
3.1. The order is placed by the Customer in one of the following ways:
– E-mail, at the applicable Company’s premises or by telephone to the following:
La Plagne: firstname.lastname@example.org +33 (0)479 09 03 99
Belle Plagne: email@example.com +33 (0)479 06 53 36
Val d’Isère:firstname.lastname@example.org +33 (0)479 41 99 58
Méribel: email@example.com +33 (0)479 08 53 36;
Courchevel: firstname.lastname@example.org +33 (0)479 01 01 81
La Tania: email@example.com +33 (0)479 01 07 85
Les Menuires: firstname.lastname@example.org +33 (0)479 22 67 51
Val Thorens: email@example.com +33 (0)479 22 67 51
– through the website https://oxygene.ski: the Customer visits the website and selects the desired Services. The Customer selects each desired Service and adds it to the basket, then continues to shop. Once all Services have been selected, the Customer reviews the shopping basket, which lists the selected Services and prices, then validates the order. The Customer then enters his personal information (those marked with an asterisk are required for the order to be processed by the Company) or access codes, and must review these GTCS. A summary of the information and the order is then generated. The Customer may correct the shopping basket and the information provided. The Customer must validate the order, which creates an obligation to purchase and pay for the Services. The Customer declares that he owns the method of payment used, and is duly authorised to use it.
Any order in excess of €120 will be archived by the Company in accordance with regulatory requirements and duration. The Customer may access this record by submitting an e-mail request to the applicable Company.
Once the order is placed, the Company will send an acknowledgement of the order to the Customer’s stated e-mail address.
Regardless of the method used, an order is only deemed final, and the Services reserved, when accompanied by payment as described below.
3.2. Contract – Term
These GTCS and the Customer’s order, accompanied by the payment described below, form the contract (the “Contract”).
The Contract is formed for the duration of the Services as set forth in the order.
Article 4 – Price – Payment terms
4.1. Prices are:
– net of tax for Instructional Services;
– inclusive of tax for Ancillary Services;
in euros, calculated based on information that is current when the contract is signed.
Prices in effect at the time the order is placed may be viewed on the Website.
They may be modified without notice in the event of rate increases imposed by suppliers, or in the event of economic disruption. These price adjustments shall not apply to contracts already signed with the Customer.
4.2. An order is only deemed final, and the services reserved, when accompanied by payment of the total amount of the services. In the case of partial payment, the remaining balance must be paid in full one month (30 days) before the start date of the order.
Upon receipt of the order along with the above mentioned payment, an order confirmation and a bill will be sent by the Company to the Customer to the address provided by the Customer, provided the e-mail address is valid.
Services may be paid for using credit card (Visa, Mastercard, Amex), bank transfer, cheque or cash.
As an essential and determining condition of this contract, full payment of the cost of the Services must be made before performance of the Services begins, under the abovementioned terms.
If the Customer fails to pay the amount owed by the stated deadline, the School reserves the right to sell the reserved places and retain the entire deposit.
Article 5 – Modification of Services
Given the organisation and planning required for each School to provide the Instructional Services, the Services can not be modified during the two (2) days that precede the start of the Services.
Prior to this two (2) day period, modifications (times, number of people, level) can be made to the Services, subject to availability of instructors at the applicable School, with any additional cost being disclosed to the Customer for the Customer’s consent.
Article 6 – Cancellation
6.1. Except in the case of force majeure as recognised by French case law, if the Customer cancels the ordered Services:
– upon notice to the applicable Company by registered letter with acknowledgement of receipt at least one (1) month prior to the start of the Services, all amounts paid shall be reimbursed to the Customer, less any costs paid for ski lift passes, within thirty (30) days from initial submission of the abovementioned letter;
– upon notice to the applicable Company by any means less than one (1) month prior to the start of the Services, the amount paid by the Customer (deposit and balance of the amount of Services) shall be owed by the Customer, who shall not receive any reimbursement.
6.2. In case of cancellation by the applicable School and/or Company:
– more than one month before the start of the Services, the Company shall pay the Customer an amount equal to two times the deposit paid by the Customer.
less than one month before the start of the Services, the School shall pay the Customer an amount equal to two times the total amount of the Services.
Notwithstanding the above, in case of cancellation by the applicable School and/or Company:
– due to a case of force majeure within the meaning recognised by French case law, or due to an instructor’s illness or injury, the Customer shall only be reimbursed the amounts actually paid, to the exclusion of any additional payment.
– due to weather conditions (insufficient or no snow, too much snow, weather conditions leading to closure of the piste or creating a risk to the Customer), the amounts paid by the Customer shall be retained by the School and/or the Company, and shall not result in any reimbursement or additional payment.
Article 7 – Liability – Force majeure
7.1. Instructional Services
The applicable School must properly perform the Services.
However, the Customer acknowledges that ski and/or snowboard Instructional Services are sold through the applicable Company on behalf of the independent professional instructors responsible for proper performance of the services, and who are solely and entirely responsible for their execution.
Neither the School, the Company nor the instructor shall be held liable for changes to the Instructional Services that are justified due to safety issues, weather conditions or the Customer’s’ technical skills.
7.2. Ancillary services
The applicable Company must properly perform the Services.
7.3. Force Majeure – Act by a third party
Neither the Company, the School nor the instructors shall be deemed liable or in default for any breach of performance of the Services following the occurrence of a case of force majeure.
Nor shall they be held liable for the act of a third party not involved in providing the Services under the Contract, or improper performance of the Contract attributable to the Customer.
Article 8 – Performance of Services
8.1. For performance of the Services, the Customer must appear at the place, date and time stated on the receipt, or as indicated by employees of the applicable Company if the order was placed on School premises.
The Customer may not claim partial reimbursement if the Customer arrives late.
8.2. Interruptions in ski lift operation outside of the Company’s control that impacts proper performance of the Services shall not result in any reimbursement or compensation by the Company to the Customer.
8.3. The Customer should note that the fact of “too much” or “insufficient” snow shall not be attributed to the Company and/or the School. In general, neither the Company nor the School shall be held liable for weather conditions or snow cover, and the Customer shall not be entitled to any compensation, discount or reimbursement. If desired, the Customer should directly take out “snow insurance / cover” with a company other than the School.
Article 9 – Composition of group lessons
The maximum number of participants in each lesson is set at:
– La Plagne: 10;
– Belle Plagne: 10;
– Val d’Isère: 6;
– Méribel: 8;
– Courchevel: 6;
– La Tania: 6;
– Les Menuires: 6;
– Val Thorens: 6.
However, in rare occasions some lessons may exceed this number, due to the Customer’s over- or underestimation of skiing ability at the time of booking, or due to individuals asking to incorporate a level other than that at the start of the Services.
This may also occur in the following situations:
– Injured or ill instructor requiring placement of students in another lesson;
– For technical or safety reasons, the need for an instructor to transfer a customer to a higher or lower level;
– Customer fatigue or stress that requires transfer into a lower instructional level.
Every effort shall be made to ensure that the number of students is returned to the abovementioned number.
However, the fact that there are excess students in the lesson shall not entitle the Customer to seek a discount, reimbursement or compensation.
Article 10 – Helmet use
Because snow sports entail risks, use of a helmet is required for children under age 13, and is highly recommended for all participants.
Helmet use is mandatory in snowboard lessons, regardless of age.
The Companies and Schools also recommend back protection for children, and wrist protection as well as padded shorts for snowboarders.
Article 11 – Insurance
Customers are not covered by the School’s and/or the Company’s civil liability insurance for Instructional Services.
All Customers must insure themselves against the risks of this kind of sporting activity. Ski insurance offered by DIOT MONTAGNE is available for purchase at the applicable School’s premises.
Article 12 – Interruption of Services following an accident
The Services are non-refundable in the event the Customer suffers an accident that makes it impossible to use the Services. The Customer is responsible for taking out any specialised insurance policy, such as “cancellation insurance”.
If necessary, at the Customer’s express request, the Company shall provide any supporting documentation to enable the Customer to obtain compensation from its insurance company, in the event an accident occurs during performance of the Services.
Article 13 – Photos & Videos
By using the Services, the Customer accepts the possibility of appearing in photos and videos used by the Companies and/or Schools in promotional materials such as brochures, websites, etc.
In case of refusal, the Customer shall inform the applicable Company by any written means; in such case the Company is prohibited from using such images, and if need be shall remove any images used where possible.
Article 14 – Forbearance – Modifications
Any forbearance by a party concerning the other party’s non-performance or poor performance of one of the provisions of the GTCS shall in no case, regardless of its duration, create any rights for the other party, or change in any way the nature, scope or execution of its obligations.
The Companies may, at any time, modify or adjust the GTCS; such changes shall not apply to Services arising from orders that were finalised before such modification or adjustment.
Article 15 – Right to withdraw
The Customer is reminded of Article L.121-21-8 of the French Consumer Code, reproduced below:
“The right to withdraw can not be exercised for contracts:
12. Lodging services, other than residential housing, property transport services, car rental, dining or leisure activities which must be performed on a specified date or during a specified period;
Article 16 – Personal information
The Customer’s personal information is subject to processing for the purpose of handling orders for the Services.
In accordance with French Data Protection Act of 6 January 1978, the Client has a right to access, correct or delete any applicable personal data as well as a right to oppose processing of the information.
These rights may be exercised through OXYPAR, at the following postal address: 105 Avenue du 8 Mai 1945, 73600 MOUTIERS or at the following e-mail address: firstname.lastname@example.org.
Article 17 – Claims – Mediation
17.1. Any claim for non-performance or poor performance of the Contract may be submitted by the Customer to the applicable Company by registered letter with acknowledgement or receipt sent to the Company’s head office.
The Company shall use its best efforts to respond to the Customer within three (3) weeks from receipt of such letter.
17.2. In the absence of an agreement between the Company and the Customer, the Customer may use a contractual mediation procedure.
Regardless of the method used to engage the mediator, the Customer’s petition must include the following information: mailing address, e-mail address and telephone number, the Company’s full name and address, a brief statement of the facts, and evidence of previous actions taken with the company.
Article 18 – Election of domicile – Applicable law – Assignment of jurisdiction
The School and the Customer choose as their domicile, their head office and residence, respectively. By express agreement of the parties, the contract arising from a final order is subject to French law.
The parties shall make every effort to amicably resolve any dispute between them concerning the validity, interpretation, performance or termination of the contract.
Any dispute that remains unresolved shall be subject to the exclusive jurisdiction of the courts for the location where the Services were performed.