General Terms & Conditions First Tracks Ski Coaching ESI

General Terms & Conditions First Tracks Ski Coaching ESI

The general conditions of sale set out the conditions for conducting activities / services related to the organization and sale of sporting activities / services organized by FIRST TRACKS.
FIRST TRACKS is a registered trademark, managed by the local Union of ski instructors First Tracks Courchevel.
The Local Union of FIRST TRACKS Ski Instructors of Courchevel (SMFTC) is a professional local union; according to the French law of 21st March 1884, amended by the Laws of 12th March, 1920 and 25th February, 1927.

The Local Union of FIRST TRACKS Ski Instructors of Courchevel (SMFTC)
SIRET (Official French Registration Number): 493 962 534 00019 – APE 8551Z
The headquarters of the Local Union is set at Courchevel 1850:
FIRST TRACKS – SKI SET Snow Shop – Rue des Tovets – 73120 Courchevel 1850
Mailing address:
FIRST TRACKS - SARL FT OUTDOORS, Centre Régus, 26, avenue Jean Kuntzmann, 38330 MONTBONNOT-SAINT-MARTIN, France

The Local Union is registered with the town of Courchevel, Union No. 73 227-012
The Union is registered with the D.D.C.S.P.P SAVOIE in the department for the Establishment of Youth & Sports Physical Activities /services and Sports under No. 07307ET004.
FIRST TRACKS holds an insurance contract covering “Operating and professional liability” under contract number 104155800of the SIMS (International Union of Ski Instructors) with theSports Insurance Company: MMA – AZZURO Insurance – 6, rue Faure du Serre – BP80 011 – 05001 GAP
FIRST TRACKS is a member of the International Ski Schools (ESI).
FIRST TRACKS is an official partner of Courchevel Tourism.

Preambule
The brochure, quotation, booking proposal and the FIRST TRACKS program all serve as preliminary information. Unless otherwise specified in the Quotation or booking proposal, all features, special conditions and price of the activities / services as stated in the brochure, quotation, FIRST TRACKS proposals will be contractual once confirmed by receipt of deposit or payment in full. The brochure and these terms, are intended to present the content of the activities / services offered including prices, terms of payment, the conditions of cancellation and modification of the contract prior to a reservation – contractual agreement between FIRST TRACKS and the client. FIRST TRACKS however expressly reserves the right to make changes to the information in the brochure such as information on prices and content of activities / services and conditions defined in the section: “Changes”.

Prices
The prices provided by FIRST TRACKS are established for activities / services which are reserved or sought after by the client and take into account the seasonality of tourism. The price indicated in the estimate sent to the customer, if accepted, or from the moment the activities / services are used, the price mentioned in the quote becomes the price of sale, except in the cases where the customer requests changes to the quote prior to the activities / services taking place, resulting in a change of the price. A new estimate including a new price is then proposed, which supersedes the previous one.

Registration and payment – Booking – Option
Reservation: When a quote is sent to the customer, in paper or electronic form, the client can consider the reservation confirmed:
– If the booking proposal or quotation is accepted and signed by the customer, accompanied by the payment of a deposit or the full price.
– By making a secure payment of a deposit or the full price through our website.
A contractual agreement exists between FIRST TRACKS and the client on the date of receipt of payment of the deposit or the full price. A summary invoice and confirmation is then sent to the customer. If no request for modification is received within ten days of the date of the summary invoice and confirmation, the elements mentioned there will be final.

Option : Sending a booking proposal / quotation to a customer grants an option to the customer which is valid for one week. The activities / services described in the booking proposal / quotation remain valid during this period. At the expiry of this period, FIRST TRACKS may extend the option granted to the client, depending on availability. Otherwise, the option instantly becomes invalid in which case FIRST TRACKS reserves the right to refuse the reservation and will immediately refund the customer any sums paid, or FIRST TRACKS may propose alternatives.

Payment :
Payments can be made by cheque, bank transfer, credit card, American Express or any other usual means of payment.
Any reservation must be accompanied by payment of a deposit of 30% of the price indicated on the Booking Proposal / Quotation. The balance of the price must be paid no later than 60 days before the scheduled activities / services. No reminder documents will be sent.
If payment of the balance is not received within this period, FIRST TRACKS reserves the right to treat the booking as having been cancelled by the customer. FIRST TRACKS can then collect the fees mentioned in the « Cancellation by the customer” »section of this document.
Less than 60 days prior to the start date of the activities / services, the total price must be paid in full at time of booking. FIRST TRACKS reserves the right to request payment by certified check or a bank certificate of deposit. In this case, the contract is effective only after the receipt of the full price.

Modifications – Cancellation
Revision of prices : the price communicated in the Booking Proposal / Quotation is valid for one week after the quote issue date. Prices are set in Euros; the client is subject to the variations of the Euro relative to his own currency.

Modification – cancellation of activities / services by FIRST TRACKS:
FIRST TRACKS can be brought to change or cancel the content of its activities / services. The customer will be informed of any changes and may then be offered alternative activities / services. The customer may however notify FIRST TRACKS of his refusal of the proposed substitutions. Once FIRST TRACKS is informed of the client refusal, the client will receive a full refund of monies paid. As compensation he will also receive a sum equal to the penalty he would have supported if the cancellation had been made by the client on the date of the proposed substitution. By failing to notify FIRST TRACKS that the client wishes to refuse the proposed substitutions within the time and required form, the client is deemed to have accepted the proposed substitutions, the corresponding amounts are therefore due to FIRST TRACKS. However, any reduction in price is deducted from any amounts remaining due by the client and if the payment already made by the client exceeds the price of the modified activities / services, the excess is refunded to him before his departure date. The lack of payment of the balance of the price within the period is treated as a cancellation by the client and the corresponding costs may be charged.

Changes by the client: At any time, a client can request changes to the elements of his booking. Whenever possible these changes will be considered, and if the requested changes result in a price change, a new quote will then be issued. The new estimate cancels the prior booking. The difference in price of activities / services is either returned to the customer as soon as possible (less any costs calculated according to the scale “Cancellation by the customer»), or payable as provided in the “Payment” section.

Cancellation by the client: : In this case, the repayment of sums already paid will be made on the basis set out below, applicable on the date of receipt of a written notification from the client. Insurance premiums are not refundable. In case of early departure or cancellation of activities / services, no refunds or credits will be granted, including in case of illness or accident.

In the event of cancellation by the client for any reason (other than pandemic related – see section below*), First Tracks cancellation charges are:

• More than 30 days in advance: 12%
• 8 – 29 days in advance: 30%
• 7 days in advance or less / no-show: 100%

No reimbursement will be made in case of bad weather, strong wind, slope or lift closures, beyond our control. However, we can provide you with a letter for reimbursement of activities / services from your insurance company.

*Cancellation clauses related to COVID - 19 / Pandemic

In the event of cancellation for COVID / pandemic related reasons, First Tracks will offer you one of the following options:

• A full 100% deferred credit to be used within the next 24 months.
• Receive a refund of all monies paid after deduction of 12% administration and booking fees.

Valid reasons for COVID / pandemic related cancellation :

• You are prevented from travelling due to travel restrictions imposed by the national or international government.
• If the border with France is closed, and you cannot enter the country.
• If the border of your country of origin is closed, and you cannot leave the country, or return after your holiday.
• If the quarantine measures imposed in France or in your country of origin mean that you prefer to cancel your holiday.
• You or a member of your family/group are sick with COVID-19 (you must provide a medical certificate/positive test for COVID-19 as proof).
• Total closure of resort or lifts due to national or local government action.
• Cancellation of your flights by the airline. (Proof to be provided).

In the event that you must cancel for a COVID -19 / pandemic related reason, to receive a refund or deferred credit, the reservation must be cancelled at least 48 hours prior to the start of the class.

If it is necessary to cancel your activities during your stay for reasons related to the COVID-19 / pandemic, we will reimburse you on a pro rata basis for the unused sessions after deduction of a reservation and administrative fee of 12%.

Refunds will be made within one month of the start date of the activities you have booked.

Liability
FIRST TRACKS cannot be held responsible under any circumstances; for acts constituting force majeure, due to third parties outside the planned and provided activities / services within the reservation or improper execution of the contract attributable to the client.
The activities / services are supervised by qualified instructors / qualified guides; independent workers who subscribe professional liability insurance.
FIRST TRACKS, engages the sole responsibility of the service providers responsible for their own organization. The amount of compensation which may be due by FIRST TRACKS is limited in accordance with legal provisions. The potential compensation may not exceed the amount of the price of the activities / services.
It is recalled that all physical activity involves risk, even minimal. Clients declare to be aware and acknowledge this, without recourse against FIRST TRACKS.
Activities start and end at the meeting point agreed together.

Complaints
Any claim that could not be resolved locally and amicably must be sent by recorded delivery letter (with proof of receipt) no later than 30 days after the end of the activities / services to FIRST TRACKS – 37, avenue du Granier – 38240 Meylan – France.
After this period, no complaint will be taken into account. Claims involving the liability of FIRST TRACKS or damage insurance will be allowed only to the extent that they have been brought to the attention of the management of FIRST TRACKS.

Confidentiality
In accordance with Law No. 78-17 of 6th January 1978 on computers, files and freedom, each client has the right to access and rectify any personally concerning information.

Children
A minor can only buy our activities / services if accompanied by an adult who is responsible for the child and ensures custody for the duration of the activities. If the adult is a person other than the parent, legal guardian or authorised to look after the child, he will need to personally obtain a written consent of the father, mother or guardian stating the conditions in which the accompanying person assumes custody and control of the minor concerned. Otherwise, FIRST TRACKS reserves the right to refuse registration of the minor concerned. In the case of a false declaration, FIRST TRACKS reserves the right to cancel the activities of the minor and that of the accompanying adult, this cancellation is considered as being made by the client.
In no event will FIRST TRACKS replace the accompanying adult who is directly liable for any damage that may be caused by the minor during the activities / services.

Insurance
We strongly recommend that you take out personal insurance and personal injury accident insurance. FIRST TRACKS cannot be held responsible for accidents, injuries or other.
When booking, we can offer optional insurance which includes the following benefits:
– Cancellation insurance
– Medical assistance cover
– Transportation / medicalized repatriation insurance
– Search and mountain rescue costs
– Civil liability for any injury or damage caused to a third party
Insurance premiums can in no case be refunded.

Remarks
Any unused activities / services by the client cannot give rise to a refund.
FIRST TRACKS declines all responsibility for the activities / services performed during the activities / services which do not appear in the estimate, the brochure or website.
The pictures in our documents are not binding.

Applicable law
The contract is subject to French law, in accordance with European directives. This is both the substantive rules for the rules of form. In case of dispute, FIRST TRACKS will favour the amicable settlement. This finding an amicable solution does not interrupt the time to act as collateral. Otherwise, the French courts will have jurisdiction.
The search for an amicable solution does not interrupt the deadlines to act as collateral.
Otherwise, in accordance with Articles 46 to 48 of the NCPC, the French courts will have exclusive jurisdiction.

GDPR: Customer data is only used for internal purposes and never shared with third-party companies.

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