Reviews charter: drafting and moderation

PREAMBLE

SKIOOL, a simplified joint-stock company with a single partner, registered with the Chamber of Commerce and Companies of Chambéry under the number 831 668 793, whose head office is located at 3 A 2.3. Bat. Primavera Les Montayes – 73320 Tignes (hereinafter “SKIOOL” or “the OPERATOR”) publishes and operates the internet platform accessible at the following address: https://www.skiool.com/fr/ (hereinafter ” the platform “).

The PLATFORM offers a professional intermediation service through which service providers holding ski schools in France (hereinafter “the PROVIDERS”) offer ski, snowboard and other winter sports lessons to consumer customers ( hereinafter “the CLIENTS”).

In this context and in accordance with the General Conditions of Use of the PLATFORM accessible to the CGU address, it is recalled that SKIOOL intervenes only as a simple technical intermediary and does not proceed with any moderation of the contents published by the SERVICE PROVIDERS. The role of SKIOOL is limited to the hosting of the SERVICE PROVIDERS ‘offers on the PLATFORM and the linking of these with the CUSTOMERS.

These “Marketplace” General Conditions of Services govern all sales of SERVICES by the PRESTAIRES to CLIENTS through the PLATFORM. These “Marketplace” General Conditions of Services express the entire obligations of the SERVICE PROVIDERS and CLIENTS (hereinafter collectively referred to as the PARTIES). They constitute the sole basis of the commercial relationship between the PARTIES, and, in this sense, CUSTOMERS are deemed to accept them without reserve.

ANY ORDERS CARRIED OUT ON THE PLATFORM OBLIGATORYALLY REQUIRE THE UNLIMITED ACCEPTANCE BY THE USER OF THESE TERMS AND CONDITIONS OF SERVICE “MARKETPLACE”.

On the other hand, if the PROVIDER’s own General Conditions of Sale appear on his DEDICATED SPACE on the PLATFORM and the CUSTOMER has been expressly invited to validate them at the time of his order, they will apply in priority, to the detriment of the present General Conditions. Marketplace Services.

 

ARTICLE 1. DEFINITIONS

The terms, mentioned below, have in the present GENERAL CONDITIONS OF USE, the following meaning:

“BACK-OFFICE”: refers to the interface allowing the SERVICE PROVIDER to access his personal space.
“CUSTOMER”: means any natural person, guaranteeing to be a consumer, accessing the PLATFORM and conducting a RESERVATION of BENEFITS with a SERVICE PROVIDER.
“PARTIES” means together the SERVICE PROVIDER and the CLIENT.
“ACCOUNT”: refers to the interface hosted on the PLATFORM in which all the data provided by the CLIENT or the SERVICE PROVIDER is grouped together. Access to the ACCOUNT is done through the IDENTIFIERS.
“TERMS AND CONDITIONS OF USE” or “TOS”: refers to the contractual conditions made available on the PLATFORM’s home page, in order to supervise the use of this one by any USER.
“GENERAL CONDITIONS OF SERVICE” MARKETPLACE “(or CGS” Marketplace “): means the present contractual conditions governing the provision of SERVICES by the SERVICE PROVIDERS to CLIENTS.
“SPECIAL CONDITIONS / GENERAL CONDITIONS OF SERVICE – PROVIDERS” or “CP-CGS [Providers]” means the contractual conditions governing the provision of SERVICES from the PLATFORM by SKIOOL to the SERVICE PROVIDERS.
“IDENTIFIERS”: refers to the email address and password sent to the CLIENT by email, necessary to access his ACCOUNT on the PLATFORM.
“INDEPENDENT PARTNER MONITOR”: means a MONITOR related to SKIOOL by a collaboration contract which defines the payment of a commission on the purchase of a BENEFIT.
“PLATFORM”: means the PLATFORM internet accessible at the address https://www.skiool.com/fr/. The PLATFORM contains all the web pages, services and features offered to USERS.
“PROVIDER”: brings together the PARTNER PROVIDERS and the NON-PARTNER PROVIDERS. Any PROVIDER offering BENEFITS framed by the Tourism Code has been registered with ATOUT FRANCE and has a sufficient guarantee.
“NON-PARTNER PROVIDER”: includes the SERVICE PROVIDERS whose SERVICES are referenced on the PLATFORM for free.
“PARTNER PROVIDER”: includes the SERVICE PROVIDERS whose SERVICES are referenced on the PLATFORM for a fee.
“SERVICE”: means any service provided by the SERVICE PROVIDER to the CLIENT via the PLATFORM, such as ski lessons, snowboard lessons and other winter sports.
“CATALOG”: means the catalog of SERVICES that the SERVICE PROVIDER wishes to present for sale via the PLATFORM.
“RESERVATION”: refers to the reservation of a BENEFIT with the SERVICE PROVIDER by a CLIENT via the PLATFORM.
“SERVICES”: means all the services offered by SKIOOL to USERS through the PLATFORM, and in particular the linking of CLIENTS with the SERVICE PROVIDERS.
“DEDICATED SPACE”: means the space allocated by SKIOOL to the SERVICE PROVIDER on the PLATFORM allowing the SERVICE PROVIDER to present his activity as well as his BENEFITS.
“USER”: means any person who accesses and navigates on the PLATFORM, whether it is SERVICE PROVIDER, CLIENT, or simple user.
“TERRITORY”: means France.

 

ARTICLE 2. OBJECT

The present “MARKETPLACE” TERMS OF SERVICE between SKIOOL and the USER are intended to set out the contractual provisions relating to the respective rights and obligations of the PARTIES in connection with the sale of a SERVICE on the PLATFORM.

ARTICLE 3. ACCEPTANCE OF TERMS AND CONDITIONS
Ordering a SERVICE on the PLATFORM implies the acceptance of the present “Marketplace” CGS.

Thus, the USER undertakes to read carefully the present CGS “Marketplace” and accept them, before proceeding to the payment of an order of SERVICES passed on the PLATFORM.

It is specified that the present “Marketplace” CGS are referenced at the bottom of each page of the PLATFORM by means of a hypertext link and must be consulted and accepted before placing the order.

The CLIENT is invited to read them carefully, download, print the CGS “Marketplace” and keep a copy.

The USER undertakes to read the “Marketplace” CGS for each new order, the latest version of the “Marketplace” CGS applicable to any new order of SERVICES.

By clicking to confirm the order, the CLIENT acknowledges having read, understood and accepted the “Marketplace” CGS without limitation or condition.

 

ARTICLE 4. CONTRACTUAL DOCUMENTS

The present Marketplace CGS consists of the following contractual documents:

This document and, as the case may be, the specific contractual stipulations published by the SERVICE PROVIDER on his DEDICATED SPACE as well as on the specifications of the order formally accepted by the CLIENT;
The General Conditions of Use of the PLATFORM accessible at the address CGU.
It is understood that these contractual documents are mutually explanatory. However, in case of contradiction or discrepancy between the terms of these contractual documents, they will prevail in the order in which they are listed above, the document of the higher rank prevailing on the lower rank.

In the same way, the present “Marketplace” CGS must be considered as suppletive and will apply:

Whenever the SERVICE PROVIDER concerned has not put his own GSC in place on his DEDICATED SPACE and the CLIENT will not have to validate them at the end of his order.

Or

Whenever the PROVIDER’s TOS will be silent or incomplete on a particular point, covered by these Marketplace CGSs.

 

ARTICLE 5. INFORMATION RELATING TO CUSTOMERS

The CUSTOMER may place orders for personal or professional purposes.

When ordering, the CLIENT will be invited to provide information by completing the form available on the platform. The * sign indicates the mandatory fields that must be filled in for the CUSTOMER’s order to be processed by SKIOOL.

The information that the CLIENT provides on the platform during an order must be complete, accurate and up-to-date. SKIOOL reserves the right to ask the CLIENT to confirm, by any appropriate means, his identity, his eligibility and the information provided.

 

ARTICLE 6. ORDERS

6.1. Creating an ACCOUNT

Every CUSTOMER does not have to benefit from an ACCOUNT in order to order a service.

On this ACCOUNT, the CUSTOMER will be able to configure his own information, as well as all the data needed to bill the BENEFITS.

6.2. Characteristic of the BENEFITS

The offers of SERVICES and more generally any content published on SKIOOL are distributed under the sole and entire responsibility of the SERVICE PROVIDERS.

Each SERVICE PROVIDER strives to present as clearly as possible the main characteristics of the SERVICES within the platform and the mandatory information that the CLIENT must receive under the applicable law. The CLIENT undertakes to read them carefully before placing an order.

Unless otherwise expressly stated on the PLATFORM, all the SERVICES offered by a SERVICE PROVIDER comply with the legislation in force and with the standards applicable in France.

It is specified that the PROVIDER is the sole decision maker of the content of the SERVICES available on the PLATFORM. The SERVICE PROVIDER undertakes to indicate as soon as possible by e-mail or telephone, to SKIOOL, the unavailable BENEFITS so that they are updated as soon as possible and inform the CUSTOMER who has placed an order for this service.

The displayed prices of the SERVICES are those communicated by the SERVICE PROVIDERS or posted on their website or other communication media. SKIOOL displays in an exhaustive manner the prices of the services that the PROVIDERS propose but does not guarantee the exactitude not tariffs until the offer is confirmed and validated by the PROVIDER in the final phase of reservation.

6.3. Order procedure

BENEFIT orders are placed directly on the PLATFORM. To place an order, the CUSTOMER must follow the steps described below (it is however specified that depending on the start page, the steps may differ slightly).

6.3.1. Selection of BENEFITS

The CUSTOMER will have to select the BENEFIT of his choice from the different functionalities offered on the PLATFORM:

Home page ;
Search engine ;
Ski School Comparison Service.
The selection of a BENEFIT is done by means of the button “Book”. Only the BENEFITS of the SERVICE PROVIDERS have the “reserve” function.

The “Skiool search for you” and the “Ski professional help and consultation” services allow the CLIENT to make a request to the PLATFORM so that it offers the CUSTOMER BENEFITS adapted to their search. . In these cases, the CUSTOMER will select after the desired BENEFIT and will communicate his choice to SKIOOL by email or phone.

6.3.2. Reservation request

Once the BENEFIT is selected, the CUSTOMER must verify that the content of his order is correct.

The validation of the contents of the order invites the CLIENT to communicate his First Name, Last Name, Email and an optional message in order to send the reservation request to SKIOOL.

The CUSTOMER receives an e-mail confirming the booking request.

As soon as the USER makes a reservation, SKIOOL informs the SERVICE PROVIDER by email or telephone so that the latter confirms the availability of the SERVICE on the requested date and time.

The SERVICE PROVIDER will have a period of twenty-four (24) working hours to confirm its availability or inform SKIOOL of its unavailability.

In case of absence of return of the SERVICE PROVIDER to his email within twenty-four (24) hours, SKIOOL will consider the SERVICE as unavailable, and reserves the right to question other SERVICE PROVIDERS able to propose to the CUSTOMER an equivalent BENEFIT.

A booking request made by a CUSTOMER without having been formally accepted by the SERVICE PROVIDER can not be considered as definitive, the PROVIDER having to systematically agree. The mere presentation of a SERVICE in the SUPPLIER’s catalog can not therefore be considered as a firm offer in the legal sense of the term.

6.3.3. Orders

Once the availability has been confirmed by the SERVICE PROVIDER, SKIOOL will send the CLIENT a summary of its RESERVATION.

The SERVICE PROVIDER issues a period of availability during which the CLIENT is required to confirm his purchase.

The CUSTOMER can then proceed to the secure payment of the BENEFIT following the instructions on the PLATFORM and provide all the information required for billing. For BENEFITS for which options are available, these specific references appear when the right options have been selected. Orders placed must include all the information needed to process them.

The registration of an order on the site is made when the customer accepts the CGU / CGS “Marketplace” by checking the box provided for this purpose and validate his order. This validation constitutes proof of the sales contract. The finalization of the order implies the acceptance of prices and terms of performance of the services as indicated on the PLATFORM.

The order will be validated definitively from the full payment of the price of the BENEFIT ordered in principal and accessory, it being specified that the sale concluded between the SERVICE PROVIDER and the CUSTOMER will however be subject to the resolutory condition that the ordered BENEFIT is available.

The SERVICE PROVIDER then has a maximum period of 2 days to confirm the consideration of the order and the availability of the BENEFIT to the CUSTOMER and SKIOOL.

In case of default of payment, incorrect address of the CUSTOMER or other problem on the account of the CUSTOMER, SKIOOL reserves the right to block the order of the CLIENT until the problem is solved. If unable to perform the service, the CLIENT will be informed by email to the address he has provided to SKIOOL. The cancellation of the order of this service and its refund will be made in this case, the rest of the order remaining firm and final.

6.3.4. Acknowledgment of receipt of the order

Once all the steps described above are completed, an acknowledgment of receipt of the order is sent to the CUSTOMER by the PROVIDER by e-mail, provided that the e-mail address provided through the form d registration is correct.

SKIOOL then informs the CLIENT of the contents of the order placed by the following means via a notification on the CLIENT’s account or by email.

The SERVICE PROVIDER undertakes to execute the SERVICES reserved for the date and times shown on the PLATFORM and in accordance with the legal provisions.

6.3.5. Progress of the BENEFIT

At the date and time of the appointment reserved by the CUSTOMER, the SERVICE PROVIDER goes to the place provided to perform the BENEFIT in accordance with the terms and conditions provided on the description of the latter.

The SERVICE PROVIDER retains full independence in the performance of the SERVICE. He may perform all the acts required by his professional obligations and where necessary necessary to respect his professional ethics.

6.3.6. retraction

According to article L121-21-8 of the Consumer Code, the right of withdrawal can not be exercised for contracts for the provision of leisure activities services provided at a given date or period.

Therefore, from the moment the SERVICE PROVIDER has formally accepted an order and the CUSTOMER has received an acknowledgment of receipt, the CLIENT will no longer be able to cancel or modify his / her order.

6.3.7. Billing

During the ordering process, the CUSTOMER must enter the information required for billing (the sign (*) will indicate the mandatory fields to be filled in for the CUSTOMER’s order to be processed by SKIOOL).

The CUSTOMER must then specify the payment method chosen and, if necessary, provide his bank details before clicking the button to confirm the order.

Neither the booking request that the CUSTOMER makes online, nor the acknowledgment of receipt of the availability of the SERVICE, nor the acknowledgment of receipt of the order by SKIOOL established by e-mail constitutes an invoice. Whatever the method of order or payment used, the CUSTOMER will receive the original invoice at the execution of the BENEFITS.

6.4. Price

For all BENEFITS, the CUSTOMER will find on the PLATFORM prices displayed in euros all taxes included (€ VAT included).

Prices include taxes in force on the date of the order, especially value added tax (VAT) at the rate in effect on the date of order.

The prices indicated are valid, except gross error. The applicable price is the one indicated on the PLATFORM on the date on which the order is placed by the CLIENT.

The prices of the SERVICE PROVIDERS ‘BENEFITS, take into account the discounts applicable and in force on the day of the order. The prices indicated do not include the incidental expenses which will be indicated if necessary in the recapitulative before placing order.

The SERVICE PROVIDER reserves the right to modify its rates at any time.

6.5. Availability of BENEFITS

In the event of unavailability, the SERVICE PROVIDER must make his best efforts to propose a substitution SERVICE.

The CLIENT is clearly informed that the availability of the SERVICES is given following a reservation request.

6.6. Rating of BENEFITS

The CLIENT has the possibility to note the BENEFITS on the PLATFORM according to a system of notation ranging from 1 (for the lowest note) to 5 (for the highest note). These notices will be visible by any USER of the platform.

 

ARTICLE 7. PAYMENT

7.1. Means of payment

When choosing his method of payment, the CLIENT will be redirected to the secure site corresponding to this choice in order to proceed to the payment. In this case, the CLIENT is informed that any payment on the PLATFORM is made via the payment service provider Mangopay, whose contractual conditions are reproduced for validation in Appendix 6 of the Terms of Use.

In this context, the SERVICE PROVIDER guarantees the CUSTOMER that he holds all the authorizations required to use the chosen method of payment.

By communicating, where applicable, his credit card number, the CLIENT authorizes SKIOOL to debit the total amount of the order under the conditions referred to in Article 6.

All necessary measures will then be taken to ensure the security and confidentiality of the data transmitted online as part of the online payment on the PLATFORM.

The CLIENT, at the end of his order, will be able to choose between the different means of payment proposed by the PLATFORM. The CLIENT may in principle be offered the following payment methods:

Payment by credit card ;
Payment by bank transfer.
7.2. Payment period

Unless otherwise specified, all sales are paid in cash at the time of placing the order.

Depending on the nature or amount of the order, SKIOOL remains free to require a deposit or payment of the full price when placing the order or upon receipt of the invoice.

7.3. Refusal of payment

In the event that, for any reason whatsoever, opposition, refusal or otherwise, the transmission of the flow of money due by the CUSTOMER would prove impossible, the order would be canceled and the sale automatically terminated.

 

ARTICLE 8. RESPONSIBILITIES

IMPORTANT

It is reminded that SKIOOL intervenes only as a simple technical intermediary between the SERVICE PROVIDER and the CLIENT when placing an order for a SERVICE on the PLATFORM. As the sale of the SERVICE is only between the SERVICE PROVIDER and the CUSTOMER, SKIOOL can not be held liable for the sale that SKIOOL can not guarantee.

The liability of the SERVICE PROVIDER shall in no case be engaged in case of non-performance or improper performance of the contractual obligations attributable to the CUSTOMER, particularly when entering the order.

The SERVICE PROVIDER can not be held liable, or considered as having failed, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law French courts and tribunals.

It is also specified that the PROVIDER will be solely responsible for the direct damage caused to the CUSTOMER due to the order of SERVICES on the PLATFORM.

In accordance with the provisions of the General Conditions of Use accessible to the CGU address, it is recalled that for all content published by the SERVICE PROVIDER, SKIOOL will primarily be a host within the meaning of Article 6 I 2) of the law of 21 June 2004 for confidence in the digital economy.

As a hosting provider, SKIOOL undertakes to promptly remove any clearly illegal content as soon as it becomes aware of it. The notification of the obviously illicit contents can be done by email at the address marketplace@skiool.com and by registered mail with acknowledgment of receipt in the forms prescribed by article 6 I 5) of the law of June 21, 2004.

 

ARTICLE 9. MAJOR FORCES

The liability of the SERVICE PROVIDER can not be implemented if the non-execution or the delay in the performance of one of its obligations described in these “Marketplace” CGS results from a case of force majeure. Force majeure means any foreign cause, foreseeable or not, of an irresistible nature or whose effects would substantially alter the economic balance of the sale for the SERVICE PROVIDER.

The events of strike, lockout, fire, flood, riot, war, shortage of fuel, energy, transport, materials, products necessary for the BENEFITS delivered by the SERVICE PROVIDER, etc., are held for a case of force majeure, even if they are only partial and whatever the cause.

 

ARTICLE 10. PERSONAL DATA

The registration on the PLATFORM involves the processing of the CLIENT’s personal data. If the CLIENT refuses the data processing, he is asked to abstain from using the site.

This processing of personal data is done in compliance with the General Regulation on Data Protection 2016/679 of 27 April 2016.

In addition, in accordance with the Data Protection Act of January 6, 1978, the customer has, at any time, a right to question, access, rectify, modify and oppose all of its personal data by writing, by mail and justifying his identity, to the following address: Apartment 2.3 Primavera Les Montayes 73320 Tignes.

This personal data is necessary for the processing of his order and the preparation of his invoices if necessary, as well as the improvement of the functionalities of the PLATFORM.

 

ARTICLE 11. VALIDATION OF GENERAL CONDITIONS – Evidence

Any modification of the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these “Marketplace” CGS can not affect the validity of the present. Such modification or decision does not authorize the CUSTOMERS to disregard these “Marketplace” CGS.

The PARTIES expressly agree that all of their exchanges and actions taken through the PLATFORM will have the force of proof and may be used in support of any of their claim before any body, administration or jurisdiction.

 

ARTICLE 12. AMENDMENTS TO THE GENERAL CONDITIONS

These “Marketplace” CGS may be modified and updated at any time. However, it is specified that the “Marketplace” CGS applicable are those in force at the time of the order. Thus, the changes made to the “Marketplace” CGS will not apply to the BENEFITS already ordered.

 

ARTICLE 13. JURISDICTION AND APPLICABLE LAW

These General Conditions are governed by French law. In case of dispute, only the French courts will be competent.

The PARTIES will endeavor to settle amicably any dispute arising between them regarding the interpretation, execution or termination of these Terms and Conditions.

FAILING A FRIENDLY AGREEMENT WITHIN ONE MONTH (1) FROM THE SUBMISSION OF ONE OF THE PARTIES, THE DISPUTE MAY BE SUBMITTED TO THE COURTS OF CHAMBERY WHICH IS EXPRESSLY ACQUIRED WITH JURISDICTION, NOTWITHSTANDING THE PLURALITY OF DEFENDERS OR CALL FOR WARRANTY, INCLUDING FOR EMERGENCY PROCEDURES OR FOR CONSERVATORY PROCEDURES, AS A REFERENCE OR REQUIRED.

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