Terms and conditions of sale and delivery of the service
General terms and conditions of sale and services of APEAK ski school. General ski and snowboard teaching services.
The general terms and conditions of sale (GTC) apply to any order for ski, snowboard, and snowshoe teaching services (collectively referred to as "Teaching Services"), possibly accompanied by other services such as meals or ski lift passes (referred to as "Additional Services"). They govern transactions conducted by consumers or non-professionals (referred to as the "Client") with the company APEAK ski school.
The services are described on the website www.a-peak.com
APEAK operates in the promotion, management, and organization of courses, including reservations and instructor scheduling. The company also handles the commercialization of various teachings, acting as a representative on behalf of independent professional ski and snowboard instructors, mountain guides, and guides for medium mountain activities. These professionals are united under joint exercise agreements associated with the aforementioned school.
It’s important to note that, concerning teaching services, APEAK acts as a representative for these independent instructors. These instructors are registered with URSSAF and hold liability insurance in their professional capacity. They bear the sole and complete responsibility for the execution of teaching services.
The reservation or ordering of services implies the express acceptance by the client of the General Terms and Conditions (GTC), which the client acknowledges having been provided with in advance. These terms are accessible on the website and/or communicated to the client before any reservation or order, and they prevail over any other provisions.
The information in these GTC and on the website constitutes the prior information to the client in accordance with the provisions of articles L111-1 and following of the Consumer Code.
By making a reservation, the client declares to have received all pre-contractual information in accordance with the aforementioned code and commits, through their order, with full awareness of the terms and conditions.
1 - orders
The General Terms and Conditions (GTC) apply to:
- Teaching services provided individually or collectively by instructors and marketed and managed on their behalf by Apeak.
- Additional Services, including services that may be marketed in addition to teaching services, such as meals and ski lift passes.
These terms help establish the framework for the provision and management of teaching services and related additional services.
2 -professionals
all the instructors at E.S.I APEAK in Montgenèvre hold a valid authorization to teach skiing and its related disciplines.
3 - Contractualization Process – Contract – Duration
3.1. Order
The order is placed by the client through one of the following means:
– Email, in the premises of the ski school, or by phone.
– Via the website www.a-peak.com: the client visits the site’s pages and selects the desired services. For each chosen service, the client adds it to the cart and continues shopping if desired. Once the selection of one or more services is complete, the client views their cart detailing the ordered services and prices and validates the order. The client then provides their personal information (those marked with an asterisk must be filled in to allow order processing) and must read and acknowledge these GTC. A summary of their data and order will be generated. The client has the option to correct their cart and information. It is then the client’s responsibility to confirm the order with an obligation to purchase and make payment. In this regard, the client declares ownership of the payment method used or is duly authorized to use it.
Upon completing the order, the ski school will send an order confirmation to the email address provided by the client.
Regardless of the method, an order will be considered final, and the services effectively reserved only when the full payment for the services is made.
3.2. Contract – Duration
These GTC, along with the client’s order and payment, constitute the contract.
The contract is established for the duration of the services specified in the order.
4 - Rates and payment
4.1. The prices indicated include the teaching service provided by an instructor from the ski school, excluding any other services (insurance, transportation, accommodation), unless otherwise specified. Consequently, the client and/or the student must, before the scheduled time for the lesson, obtain a ski pass for access to the ski lifts and, as per their choice, insurance covering them against risks inherent to sports activities in a mountain environment (liability, rescue, etc.).
4.2. The prices are:
– Net of taxes for Teaching Services;
– All taxes included for Additional Services;
in euros, calculated based on the data in effect at the time of contract signing.
All prices in effect at the time of the order are available on the website www.a-peak.com. They may be changed without notice in case of tariff increases imposed by suppliers or economic upheavals. However, these tariff modifications will not apply to contracts already concluded with the client.
4.3. An order will be considered final, and therefore the services effectively reserved, only when the full payment for the services is made. In the case of partial payment, the balance must be settled one month before the start of service execution. The amounts paid in advance constitute a deposit;
Upon receiving the order along with the aforementioned payment, an order confirmation and a receipt will be sent by the ski school to the client at the email address provided, subject to the validity of said email address.
Payments for services can be made by credit card, bank transfer, check, cash, or holiday vouchers (ANCV).
As an essential and determining condition of these terms, the full price of the services is due before the start of the services, under the aforementioned conditions.
In case of non-payment by the client of the amounts due within the specified deadlines, the school reserves the right to release the reserved spots while retaining the full amount paid in advance.
4.4 Reservation Proposal: A reservation proposal is a booking option; without payment, it is subject to cancellation without notice.
5 - Modifications
Requests for reservation modifications will be treated as cancellations of the initial request. The new request will be chronologically placed in the order of arrival on the date of modification.
6 - cancellation
6.1. In case of cancellation by the client of the reserved services:
– If notified to the ski school at least 15 days before the start of the services, the client will be refunded the full amount paid in advance, minus any ski lift passes already purchased.
– If notified to the ski school less than fifteen (15) days before the start of the services, the amounts paid by the client will be due, and no refund will be provided.
6.2. In case of cancellation by the ski school:
– Due to the illness or injury of an instructor, only the amounts paid by the client will be refunded, excluding any additional payments. The ski school cannot be held responsible for the last-minute unavailability of an instructor personally assigned to you based on a specific request. ESI APEAK in Montgenèvre commits to replacing the instructor to ensure the service, and no refund can be claimed. If the instructor cannot be replaced, a refund will be offered.
– Due to weather conditions (insufficient or absent snow, excessive snowfall, weather conditions leading to the closure of slopes or posing a risk to the client, for example), the amounts paid by the client will be retained by the ski school and will not result in any refund and/or additional payments.
6.3. Cancellations for reasons beyond one’s control.
Beyond the refund conditions timeframe, services will not be refunded in cases of illness, accidents, or other unforeseen circumstances.
ESI APEAK in Montgenèvre cannot be held responsible for the last-minute unavailability of an instructor personally assigned to you based on a specific request. ESI APEAK in Montgenèvre commits to replacing the instructor to ensure the service, and no refund can be claimed. If the instructor cannot be replaced, a refund will be offered.
6 - CHOICE OF SERVICES - COURSE AVAILABILITY
6.1 – Choice of Services
The smooth progress of the lessons requires a consistency in the students’ skill levels. Given the practical impossibility for the ski school instructors to verify the level of each client and/or student prior to enrollment, the client is responsible for the technical choice they have selected based on the grid established by the ski school. Therefore, the ski school reserves the right to reassign a student to a more suitable group based on their level, subject to the capacities of other groups. The student cannot claim any refund or compensation solely based on their declaration.
6.2 – Course Opening Conditions
The group lessons are typically conducted with a minimum of 4 students per level.
– For 3 students present at the same level, the sessions will be conducted for a duration of 2 hours over 6 days.
– In the case of 2 registered individuals, the sessions will be replaced by 5 sessions of 2 hours.
– In the case of a single person present, the sessions will be replaced by 3 sessions of 2 hours of individual lessons.
Group lessons will be maintained, subject to a sufficient number of participants. The client is responsible for selecting the appropriate technical level based on the grid established by ESI APEAK in Montgenèvre.
6.3 – Composition of Group Lessons
Group lessons consist of a minimum of 4 and a maximum of 8 students, depending on the dates, schedules, levels, and disciplines practiced. The maximum number for each is available on the website’s dedicated page for the reserved activity.
However, some lessons may exceptionally exceed this number, especially if the client’s skiing level is overestimated or underestimated during the reservation or if individuals request to join a different level than the one initially scheduled for the teaching services.
This may also occur in the following scenarios:
– Injury or illness of a ski instructor necessitating the relocation of students to another class.
– Technical or safety reasons requiring an instructor to « move » a client to a higher or lower-level class than initially assigned.
– Observing fatigue or stress in a client, requiring their transfer to a lower level than their original level.
Every effort will be made to bring the number of students back to the specified limit.
However, the fact that the maximum number of people in a class is exceeded does not entitle the client to any discount, refund, or compensation.
Group lessons in the morning or afternoon, skiing or snowboarding, may be merged after their start if they have very similar technical levels and few students.
7 - Liability – Force Majeure
7.1. Teaching Services
The ski school is responsible for the proper execution of the services.
However, the client acknowledges that teaching services are marketed by APEAK on behalf of independent professional instructors, who are solely responsible for the proper execution of these services.
The ski school, the company, or the instructor shall not be held liable for any modifications to the teaching services justified by safety reasons, weather conditions, or the technical abilities of the clients.
7.2. Force Majeure – Act of a Third Party
The ski school and/or the instructors will not be considered responsible or in default for any failure in the execution of the services due to the occurrence of a force majeure event.
They cannot be held responsible for the actions of third parties unrelated to the provision of the services specified in the contract or for the improper execution of the contract attributable to the client.
8 - Conduct of Services
8.1 Ski instruction takes place in a specific environment with unpredictable elements. The nature of its practice requires the client and/or student to personally ensure their own safety and that of others. The instructor’s responsibility is limited to a duty of care. It is the client’s and/or the student’s responsibility to follow the instructor’s instructions.
8.2 For the execution of the services, the client must arrive at the location, day, and time specified in the order confirmation or as informed by APEAK staff in the case of in-person orders at the school’s premises. In case of client delay, no partial refund will be granted.
8.3 Interruptions in the operation of ski lifts, beyond the control of APEAK, impacting the proper execution of the services, will not result in any refund or compensation by the ski school to the client.
8.4 The client is informed that issues like « too much » or « lack of » snow cannot be attributed to the ski school. In general, the ski school cannot be held responsible for weather and snow conditions. Therefore, the client cannot claim any compensation, discount, or refund. If desired, the client can choose to directly subscribe to a « snow insurance/guarantee » outside the ski school.
8 - Insurance
Les rates for services from ESI APEAK in Montgenèvre do not include personal insurance for clients. The client and/or student is solely responsible for their equipment. In case of theft, damage, or loss of the equipment, the instructors cannot be held responsible for any damages caused by the equipment.
Professionals at ESI APEAK in Montgenèvre are covered by professional liability insurance. However, clients are not covered by the school’s professional liability insurance for teaching services.
Each client must ensure themselves against the inherent risks of this type of sports activity. It is the responsibility of each client to verify that they are adequately covered by insurance that includes the risks associated with the specific activity corresponding to the reserved service.
ESI APEAK in Montgenèvre cannot be held responsible for the lack of insurance coverage for its clients.
9 - Liability
APEAK ski school cannot be held responsible for injuries or other incidents that occur during the course of the services provided within the legal framework of their practice.
10 – Interruption of Services Following an Accident
Services are not refunded in case of a client’s accident that makes it impossible for them to continue with the services. It is the client’s responsibility to take out any specialized insurance contract, such as « cancellation insurance. »
Upon the client’s explicit request, the ski school will provide all necessary documentation to assist the client in obtaining reimbursement from their insurance company in the event of an accident during the provision of services.
11 - Ski Lifts
The rates for services from ESI APEAK in Montgenèvre do not include ski lift passes.
12 - Photos et videos
L’ESI de Montgenèvre reserves the right to use photos and videos taken during the execution of the services for its social media and promotional purposes. Participation in the services implies the participants’ authorization for the use of their images. However, clients have the right to revoke this authorization at any time by notifying the ski school ESI de Montgenèvre in writing. If this refusal is expressed after the creation of materials representing the client or their relatives, the client agrees in advance to allow ESI de Montgenèvre sufficient time to replace the communication with an equivalent one.
13 - Right of Withdrawal
Le client is reminded of the provisions of Article L.121-21-8 of the Consumer Code, the excerpt of which is literally reproduced:
« The right of withdrawal cannot be exercised for contracts: […] 12° Services of accommodation, other than residential accommodation, transportation of goods, car rental, catering, or leisure activities that must be provided on a specific date or period; […] »
14 - conflict
Any dispute arising from these general terms and conditions of sale is subject to French jurisdiction and French law. It’s important to note that ESI APEAK of Montgenèvre cannot be held responsible for the lack of insurance coverage for its clients.
14.1 - Médiation
In the event of a dispute between the Client and the company, they will make every effort to resolve it amicably (the Client will submit a written complaint to the professional or, where applicable, to the professional’s Customer Relations Service). Failing an amicable agreement or in the absence of a response from the professional within a reasonable period of one (1) month, the consumer Client, as defined in Article L.133-4 of the Consumer Code, may, if a disagreement persists, refer the matter free of charge to the competent mediator listed on the mediation registry established by the Commission for the Evaluation and Oversight of Consumer Mediation, in accordance with Article L.615-1 of the Consumer Code, specifically:
Société Médiation Professionnelle www.mediateur-consommation-smp.fr 24 rue Albert de Mun - 33000 Bordeaux
5.1 – INFORMATION SPECIALE COVID-19 (valable du 1er décembre 2021 au 30 avril 2022)
Pour toutes réservations faisant l’objet d’une annulation pour cause de COVID-19, la totalité des sommes versées sera, sous présentation d’un justificatif (tel qu’un certificat médical ou une copie d’une décision institutionnelle) :
– Reportée si cela est possible, sinon,
– Remboursée.
En cas d’interruption de la prestation pour cause de COVID-19, les sommes versées seront reportées, si cela est possible, sinon, remboursées au « prorata temporis »
Toute annulation à moins de 15 jours avant le début des prestations fera l’objet de 10% de frais de dossier sur la montant à rembourser.