User terms

 

PREAMBLE

SKIOOL, a simplified joint-stock company with a single partner, registered with the Chamber of Commerce and Companies of Chambéry under number 831 668 793, whose head office is located at 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, 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.

ANY USE MADE FOR ANY TITLE OF THE PLATFORM MAY OBLIGATORYALLY ACCEPT THE USER’S UNLIMITED ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE (TOS).

 

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.
“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”: means the present contractual conditions made available on the home page of the PLATFORM, in order to frame the use of this one by any USER.
“GENERAL CONDITIONS OF SERVICE” MARKETPLACE “(or CGS” Marketplace “): refers to the 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.
“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.
“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 TERMS and CONDITIONS OF USE concluded between SKIOOL on the one hand and the USER on the other hand, aim to fix the contractual provisions relative to the respective rights and obligations of the PARTIES within the framework of the use of the PLATFORM and of all SERVICES offered there.

 

ARTICLE 3. ACCEPTANCE OF TERMS AND CONDITIONS

The use of the features of the PLATFORM and SERVICES implies the acceptance of these Terms.

Thus, the USER agrees to carefully read these Terms when accessing the PLATFORM and is invited to download them, print them and keep a copy.

It is specified that these Terms are referenced at the bottom of each page of the PLATFORM by means of a hypertext link and can thus be consulted at any time.

 

ARTICLE 4. TECHNICAL SPECIFICATIONS

By using the PLATFORM, the USER acknowledges having the necessary means and skills to use the PLATFORM.

The equipment needed to access and use the PLATFORM is the responsibility of the USER, as well as the telecommunications costs incurred by their use.

 

ARTICLE 5. ROLE OF THE OPERATOR

5.1. Content of SKIOOL’s intervention

On the PLATFORM, SKIOOL acts as a simple intermediary:

The PLATFORM published by SKIOOL consists in connecting, electronically, the USERS having the quality of PROVIDERS and CUSTOMERS for the execution of the BENEFITS.

SKIOOL has no control over the performance of the SERVICES and is not involved in the transaction between the SERVICE PROVIDER and the CLIENT.

The service provision contract for each BENEFIT is therefore concluded exclusively and directly between the SERVICE PROVIDER and the CUSTOMER, SKIOOL intervening as a simple technical intermediary.

All the indications on the rates of the BENEFITS and their methods of execution are established by the PROVIDERS, without intervention of SKIOOL, which is remunerated only on a commission taken on the BENEFITS reserved by the CUSTOMERS with the PROVIDERS.

Finally, it is specified that the present General Conditions of Use do not in any case confer on the USERS the quality of employee, agent, agent or representative of SKIOOL.

5.2. Loyalty, Clarity and Transparency

5.2.1. General provisions

As an online platform operator, SKIOOL acts in a neutral, clear and transparent way.

SKIOOL does not maintain any capitalistic link or any legal dependence with one of the PROVIDERS listed on the PLATFORM that would influence the ranking or referencing of the BENEFITS.

On the homepage, the SERVICES presented to the users on the PLATFORM are referenced in several categories and according to different criteria according to the categories:

“The most requested resorts”: the ski resorts offering the most popular courses are presented. Within each station, the PARTNER SERVICE PROVIDERS are presented first and in alphabetical order, and then, in alphabetical order, the NON-PARTNER PROVIDERS. THE BENEFITS of each PROVIDER are listed in their section;
An “evolutionary” category that can represent the courses still available for a given period, the courses in promotion or BENEFITS related to a specific theme: are presented to Internet users four BENEFITS coming exclusively from SERVICE PROVIDERS PARTNERS. These BENEFITS are randomly referenced and potentially depending on the negotiations with the different PARTNER PROVIDERS;
“Do you know these ski schools”: Several SERVICE PROVIDERS are presented to Internet users and referenced randomly and potentially depending on the negotiations with the different SERVICE PROVIDERS.
The USER is informed that SKIOOL can favor a PARTNER SERVICE PROVIDER by presenting its SERVICES first and foremost. If this is the case, the negotiated agreements will be listed below:

No agreement

In accordance with Article L.111-7-1 of the Consumer Code, if the number of unique monthly visitors to the PLATFORM is greater than five million unique visitors per month, SKIOOL will disseminate best practices.

5.2.2. Financial transparency

In accordance with articles 242 bis and 171 AX of the General Tax Code (CGI), the OPERATOR undertakes to:

Issue to the SERVICE PROVIDERS in January of each year a summary statement of all transactions and turnover achieved through the PLATFORM;
Provide all PARTNER SERVICE PROVIDERS with as much information as possible on their civil and tax obligations in the context of the provision of BENEFITS via the PLATFORM (Annex 1: Information on Civil and Tax Obligations);
Have an independent third party certify compliance with these obligations each year before March 15th.
5.2.3. Specific provisions for online notices

Any user who has created a personal account can leave an opinion on the BENEFITS via the PLATFORM.

In the event that the user submits a notice on a BENEFIT purchased on the SITE, where if he brings proof of purchase of the BENEFIT concerned, the notice is designated “certified”.

As part of the online collection of opinions on the PLATFORM, SKIOOL expressly undertakes to provide users with fair, clear and transparent information on the publication and processing of notices posted online. As such, SKIOOL undertakes to post the date of the notice and any updates.

As such, it is specified that SKIOOL exercises a prior control on these notices to avoid the publication of notices containing:

Illegal textual content, including, in particular, rude, abusive and discriminatory language;
Unintelligible content
Textual content featuring quotations from competitors;
A rating inappropriate with the comment.
SKIOOL undertakes to respect the same period of moderation for all opinions, whether positive or negative. This will be fixed at D + 7.

The consumer is systematically informed of the rejection of a notice and the reason for the rejection. The consumer has the opportunity to submit a new notice. SKIOOL is not required to specify the reasons for rejecting a notice that has been identified as artificially constructing or biasing the evaluation of the service.

The reasons for rejection of consumer opinions may be:

The notice filed is considered defamatory.
The note does not match the comment.
The notice filed relates to the service without proof of consumption of the said service.
Textual content contains random characters or is poorly written to the point of being unintelligible.
The description elements of the consumption experience are not filled in.
Notice identified as biasing the average of a product or company.
The content is unrelated to the subject noted.
Textual content includes personal information or other information that may lead to identity theft: the name or surname of individuals who are not public persons, a telephone number, a specific physical address or an address email, a credit card number, social security, bank account or any other information that could lead to identity theft.
Textual content encourages buying from a competitor.
The textual content indicates that the user has not realized his consumption experience.
The notice manager believes that his civil or criminal liability may be incurred.
The content contains insults or profanity.
The attributes of the notice contain specific elements of conflicts of interest.
A user makes an inappropriate comment about another content or its author.
Textual content is clearly spam or refers to websites, including those of the customer or the manufacturer.
Textual content includes a call for legal action.
The customer service intervened on the processing of the dispute, the customer is invited to update his opinion.
The consumer has contacted the notice manager to delete or modify their opinion.
The notice manager believes that his civil or criminal liability may be incurred.
A notice may be withdrawn at the request of the author. The notice will nonetheless be recorded in the PLATFORM database. The author of a published notice can not request the modification of the latter. He can simply exercise his right of withdrawal and ask to assign a new notice.

In case of control exercised over the notices, SKIOOL undertakes that the processing of personal data carried out in this context comply with the law n ° 78-17 of January 6, 1978 relating to data, files and modified freedoms and the GDPR.

The notice posted online is visible to USERS and is also sent to the SERVICE PROVIDER via its BACK-OFFICE in order to improve the quality of its SERVICES.

The SERVICE PROVIDER has the opportunity to respond to the notices concerning his SERVICES. He can then:

give his version of the facts;
thank the consumer for his contribution;
provide answers to questions in the commentary;
indicate any changes introduced in the product or service since the writing of the notice.
Responses are displayed below the relevant notices. This process offers the SERVICE PROVIDER the possibility to request explanations when a note and / or a comment seems to him unjustified and to have a right of reply. In no case SKIOOL has to interfere in the existing relationship between school and the consumer.

No consideration is provided by SKIOOL in exchange for the filing of a Customer’s notice.

The maximum notice period for a notice is 7 days.

The maximum period of retention of a notice on the Site is 5 years.

Finally, SKIOOL sets up a free feature that allows any SERVICE PROVIDER offered through the PLATFORM, to report a doubt on the authenticity of this notice, provided that the report is motivated. Indeed, only the Customers who actually booked the said BENEFIT will be able to publish an opinion about it.

Thus, any Customer wishing to write to SKIOOL about a particular notice will be invited to write to him at this address: avis@skiool.com.

A posteriori, and in case of relevant report, SKIOOL undertakes to delete or delete a notice only to the extent that it:

Would not comply with these Terms of Use;
Contains offensive, defamatory, racist or unlawful content.
SKIOOL undertakes not to modify or delete the contents of a consumer notice and therefore can not:

– correct spelling errors included in a notice
– change the pseudonym of a member
– hide part of the text of the notice
– modify the note.
In rare cases, the names and phone numbers listed in the notices may be superseded by stars in the notices to respect the confidentiality of the data.

Publication and return of notices

The PLATFORM displays all opinions, positive or negative, as long as they have not been rejected during the moderation process. No selection is made on the published notices. The opinions are returned in their entirety. The posting of notices is
from the most recent to the oldest based on the date of filing of the notice.

In case of identification of an author who has filed a notice or opinions recognized as illicit or inappropriate after moderation, SKIOOL will terminate the possibility of filing a notice for this consumer and remove all notices related to it.

 

ARTICLE 6. CONDITIONS OF ACCESS AND REGISTRATION

Any USER may access the PLATFORM, consult the SERVICES and benefit from the SERVICES described in article 7.1 of these Terms.

The USER wishing to become a CLIENT or become SERVICE PROVIDER is invited to follow the registration procedure defined below.

6.1. Registration Procedure as a SERVICE PROVIDER

The USER who wishes to become SERVICE PROVIDER must first contact SKIOOL via the heading “Become a SKIOOL partner”.

The USER, who becomes SERVICE PROVIDER, guarantees at the time of the validation of his registration by SKIOOL that the data he communicates are accurate, sincere and in conformity with reality. In the event of a change in his situation, the SERVICE PROVIDER must immediately inform SKIOOL of his new information.

In the event that the SERVICE PROVIDER provides inaccurate or undiscounted information, SKIOOL may immediately, without notice or compensation, suspend or terminate the PROVIDER’s account.

Registration and contractual relations between SKIOOL and wishing to offer their PARTNERS SERVICES are governed by the Special Terms / Conditions of Service (PC / CGS) available on request at SKIOOL sales department by email at contact @ skiool .com.

6.2. Registration procedure as a CLIENT

The creation of an ACCOUNT is not necessary to reserve a BENEFIT.

Any USER wishing to have full access to all the free features offered by the PLATFORM must first create an ACCOUNT to become CLIENT.

Only natural persons can register to become CLIENT.

Registration on the PLATFORM as a CLIENT is free.

To create an ACCOUNT, the USER is invited to provide the following information:

First name
Name
Birth date
Nationality
Country
E-mail adress.
USER wishing to become CLIENT undertakes to provide SKIOOL accurate, fair and timely data, which do not affect in any capacity whatsoever, the rights of others and communicate SKIOOL any necessary update of data communicated during registration.

Finally, the USER must validate these Terms before finalizing his registration.

From the completion of the registration form, the password will be generated automatically and sent to the CLIENT by email to the e-mail address entered. The CUSTOMER will be able to modify his password during his first connection. The e-mail address and the password constitute the IDENTIFIERS of the CLIENT.

The CLIENT agrees to create only one ACCOUNT on the PLATFORM. SKIOOL disclaims any liability for the harmful consequences that the use of multiple ACCOUNTS may have for a single CLIENT.

The USER is fully responsible for the accuracy and updating of the data communicated in connection with the opening and management of his ACCOUNT.

6.2.1. Management of IDENTIFIERS

The CUSTOMER will be solely responsible for the use of his IDENTIFIERS or actions made through his ACCOUNT.

In the event that a CUSTOMER discloses or uses his IDENTIFIERS contrary to their intended purpose, SKIOOL may then terminate the ACCOUNT without notice or compensation.

In any case, SKIOOL can not be held responsible in the event of usurpation of the identity of a CLIENT. Any access and action made from the ACCOUNT of a CUSTOMER will be presumed to be made by this CUSTOMER, to the extent that SKIOOL is not obliged and does not have the technical means to verify the identity of persons having access to the PLATFORM from an ACCOUNT.

Any loss, misappropriation or unauthorized use of a CUSTOMER’S IDENTIFIERS and their consequences is the sole responsibility of the CLIENT, the latter being obliged to inform SKIOOL, without delay, by e-mail addressed to the following address: contact @ skiool.com.

6.2.2. Unsubscribe

The CLIENT can at any time close his ACCOUNT by sending an email to the address: contact@skiool.com. SKIOOL will proceed as soon as possible to deactivate the ACCOUNT and send the CLIENT an e-mail confirming the closure of his ACCOUNT and the definitive deletion of all his elements on the PLATFORM.

 

ARTICLE 7. SERVICES

7.1. SERVICES offered to any USER

Any USER may have free access to the PLATFORM, as well as to its various functionalities.

One of the main SERVICES offered by SKIOOL is to offer any USER the possibility to search for specific SERVICES via the home page, using the search engine and using the “SKIOOL search for you” feature.

In addition, SKIOOL offers a comparison service for the different PROVIDERS.

7.1.1. Presentation of the PROVIDERS via the home page

The User has access to several BENEFITS presented from the home page via the following headings:

“The most requested resorts”: presents the ski resorts offering the most reserved services;
An “evolutionary” category that can represent the courses still available for a given period, the courses in promotion or BENEFITS related to a specific theme: presents a selection of BENEFITS relating to the category presented. Only the BENEFITS OF PARTNER SERVICE PROVIDERS are presented;
“Do you know these ski schools? “: Presents a selection of SERVICE PROVIDERS PARTNERS on the homepage.
7.1.2. Search by search engine

The USER can also use the search engine to access all the SERVICE PROVIDERS offering BENEFITS at a given ski resort.

In such a case, among the results corresponding to his research will be presented to him priority and in alphabetical order, the PROVIDERS PARTNERS, and following, in alphabetical order the PROVIDERS NON PARTNERS.

The USER can then expressly choose another order or method of presentation of the BENEFITS according to the type of activity sought, the languages ​​spoken by the SERVICE PROVIDER and the type of course offered (private or collective).

7.1.3. Search by the feature “SKIOOL search for you”

The USER may make a request to SKIOOL so that it offers him benefits adapted to his research. The search is carried out exclusively with the SERVICE PROVIDERS.

For this, the USER fulfills several criteria:

The ski resort;
The type of activity;
Level ;
The public;
The type of course (private or collective);
Experience;
The date of the course sought;
The time of the day of the course sought;
The type of research (criteria relating to the price or the rating of schools).
The USER can also fill in more details in a free field to specify his request.

In the event that no SERVICE PROVIDER responds favorably to the USER’s request, SKIOOL can call on a network of independent partner monitors.

SKIOOL can not guarantee the identity of the final offer made by the PARTNER SERVICE PROVIDER until the offer has been confirmed and validated by said PARTNER SERVICE PROVIDER.

7.1.4. Comparison of different PROVIDERS

The USER can compare different PROVIDERS at a ski resort scale through a result table allowing to compare the following elements:

SKIOOL Notices;
Private lessons ;
Group lessons ;
Number of monitors
Spoken languages ​​;
specialties;
Supports taught (skiing, snowboarding or others);
Services (office station, package purchase, equipment rental, etc.).
7.1.4. RESERVATIONS of BENEFITS

Any USER will have the possibility to reserve BENEFITS proposed by PROVIDERS via the PLATFORM, the creation of an ACCOUNT not being necessary.

The booking of a course on SKIOOL does not entail any additional cost, fees or additional taxes other than the purchase of the service at the rate defined by the SERVICE PROVIDER. The prices displayed are those communicated by the SERVICE PROVIDERS or posted on their website or other communication media.

SKIOOL exhaustively displays the prices of the services that the SERVICE PROVIDERS offer but does not guarantee the accuracy of the prices until the offer is confirmed and validated by the SERVICE PROVIDER in the final phase of reservation.

7.1.5. Help and consultation service of a ski professional

SKIOOL offers USERS a connection service with a ski professional via the heading “ask for advice from a professional instructor” so that you can freely exchange and discuss.

7.2. SERVICES offered to CLIENTS

7.2.1. Access to the ACCOUNT dashboard

By creating an ACCOUNT, the CLIENT will have access to a dashboard that will allow him to modify his personal information.

The CUSTOMER may also follow his RESERVATIONS, and be informed of the confirmation of the availability of the SERVICE PROVIDER.

Finally, the CUSTOMER will be able to access the history of all his RESERVATIONS.

7.2.2. Notice on the benefits

In accordance with Article 5.2.3. hereof, SKIOOL provides CUSTOMERS with means to evaluate the performance of a BENEFIT at the end of its performance.

Any user has the opportunity to leave a notice on a BENEFIT subject to create an ACCOUNT previously.

Notices must come exclusively from persons related to a ski lesson experience or any other service provided by a ski school. The author of the notice must have lived the described experience. The customer must be clearly identified and must be reachable.

In addition, consumers who submit a notice must comply with the following conditions:

Being a physical person
Do not be in a conflict of interest
Having personally experienced the consumption of the service on which he is expressing his opinion
The CLIENT guarantees the sincerity and authenticity of his opinion. He refrains from making statements that are inappropriate or contrary to the law and morality.
It may be re-contacted for verification purposes. The information published in consumer notices includes:

First name or pseudonym
Date of submission of the notice
Date of ski lessons experience
Type of course purchased
Ski resort concerned
The CUSTOMER assigns to SKIOOL, free of charge the ownership rights to the notices, so that SKIOOL will be the sole owner of the opinions generated by the IT solution implemented.

7.3. SERVICES offered to the SERVICE PROVIDERS

SKIOOL proposes to its USERS to become PROVIDERS in order to benefit from certain SERVICES, and in particular to be put in relation with CLIENTS to propose its SERVICES.

For this, the potential PROVIDERS are invited to follow the steps described in article 6.1.

ARTICLE 8. OBLIGATION OF THE PARTIES
8.1. Obligations of the USERS

As part of the use of the PLATFORM, each USER undertakes not to infringe public order and to comply with the laws and regulations in force, to respect the rights of third parties and the provisions of these Terms.

Each USER has the obligation to:

Behave loyally and with a good father to SKIOOL and third parties;
Be honest and truthful in the information provided to SKIOOL and, where applicable, to third-party USERS;
Use the PLATFORM according to its purpose as described in these Terms;
Do not divert the purpose of the PLATFORM to commit crimes, offenses or contraventions punishable under the Penal Code or any other law;
Respect the privacy of third parties and the confidentiality of exchanges;
Respect the intellectual property rights of SKIOOL concerning the elements of the PLATFORM and, if applicable, the intellectual property rights of other USERS;
Do not seek to undermine the meaning of Articles 323-1 et seq. Of the Penal Code to the automated data processing systems implemented on the PLATFORM;
Do not modify information posted by SKIOOL or another USER;
Do not use the PLATFORM to massively send unsolicited messages (advertising or otherwise);
Do not broadcast data that has the effect of diminishing, disrupting, slowing down or interrupting the normal operation of the PLATFORM.
In compliance with the legal and regulatory provisions in force and in accordance with the law of 29 July 1981 on the freedom of the press, the USER undertakes not to broadcast any message or information:

Constituents of faulty smear targeting SKIOOL or USERS;
Contrary to public order and morality.
Abusive, defamatory, racist, xenophobic, revisionist or offensive to the honor or reputation of others;
Encouraging discrimination, hatred of a person or group of persons on the basis of their origin or belonging to or belonging to a particular ethnic group, nation, race or religion;
Threatening a person or a group of people;
Pedophile;
Inciting to commit a crime, a crime or an act of terrorism or advocating war crimes or crimes against humanity;
Inciting suicide;
Enabling third parties to obtain, directly or indirectly, pirated software, software serial numbers, software for hacking and intrusion into computer and telecommunications systems, viruses and other logic bombs, and In general, any software or other tool that may affect the rights of others and the safety of persons and property;
Commercial (prospecting, soliciting, prostitution …).
8.2. Obligations of SKIOOL

The general obligation of SKIOOL is an obligation of means. It does not weigh on SKIOOL any obligation of result or enhanced means of any kind.

SKIOOL is committed to putting all the means in place to ensure continuity of access and use of the PLATFORM 7 days a week and 24 hours a day.

However, SKIOOL draws the attention of USERS to the fact that the current communication protocols via the Internet do not ensure a certain and continuous transmission of electronic exchanges (messages, documents, identity of the sender or recipient).

In addition, in accordance with Article L.111-7 of the Consumer Code, as an online platform operator, SKIOOL undertakes to provide transparent and fair information on the details of its intervention, particularly in Article 5.2. present.

 

ARTICLE 9. RESPONSIBILITY

9.1. General principles

SKIOOL declines any responsibility in particular:

If it is impossible to temporarily access the PLATFORM for technical maintenance operations or updating the published information. The USERS acknowledge that the responsibility of SKIOOL can not be engaged in case of malfunctions or interruptions of said transmission networks;
In case of viral attacks, illegal entry into an automated data processing system;
In case of abnormal use or illegal exploitation of the PLATFORM by a USER or a third party;
Regarding the content of third party websites to which hypertext links on the PLATFORM refer;
In case of non-compliance with these Terms attributable to the USERS;
In case of delay or non-fulfillment of its obligations, when the cause of the delay or the non-performance is related to a case of force majeure as it is defined in article 10 of the present CGU;
In case of foreign cause not attributable to SKIOOL;
In case of unlawful act of a SERVICE PROVIDER, or of contractual non-performance of which a SERVICE PROVIDER would have been guilty;
Any problems encountered in performing the reserved BENEFIT.
In the event of abnormal use or unlawful exploitation of the PLATFORM, the USER is then solely responsible for damages caused to third parties and the consequences of any claims or actions that may result.

9.2. Hosting status

The USERS recognize that SKIOOL is a hosting provider within the meaning of article 6 I 2 ° of the law of 21 June 2004 for confidence in the digital economy known as LCEN.

As such, SKIOOL reserves the right to remove any content that has been reported to it and that it will consider as clearly illegal within the meaning of Article 6 I 2 ° of the law of 21 June 2004 for confidence in the economy digital called LCEN.

The notification of the contents obviously illicit by a USER or any other third party must be made by email to the address contact@skiool.com or by registered mail with acknowledgment of receipt to: SKIOOL, A. 2. 3. Bat. Primavera Les Montayes, 73320 TIGNES.

In accordance with Article 6 I 5 ° of the law of 21 June 2004 on confidence in the digital economy known as LCEN, the notification, to be valid, must include the following elements:

The date of notification;
If the notifier is a natural person: his name, first name, occupation, address, nationality, date and place of birth; if the applicant is a legal person: its form, its name, its registered office and the body that legally represents it;
The name and address of the addressee or, in the case of a legal person, its name and registered office;
The description of the disputed facts and their precise location;
The reasons for which the content must be withdrawn, including a reference to the legal provisions and the justifications of facts;
Copy of the correspondence sent to the author or publisher of the disputed information or activities requesting their interruption, withdrawal or modification, or justification that the author or publisher could not be contacted.
9.3. Disputes between USERS

SKIOOL draws the attention of USERS to the fact that any dispute arising between a CUSTOMER and a SERVICE PROVIDER must be dealt with between them, the SERVICE PROVIDER remaining solely responsible for the execution of the BENEFIT offered via the PLATFORM.

In case of dispute with a SERVICE PROVIDER, the USER may contact the SKIOOL Customer Service via the contact form or the “chat” tab.

SKIOOL will forward the complaint to the concerned SERVICE PROVIDER who will be solely responsible for handling the dispute.

 

ARTICLE 10. FORCE MAJEURE

The responsibility of SKIOOL can not be implemented if the non-performance or the delay in the execution of one of its obligations described in the present CGU results from a case of absolute necessity.

There is force majeure in contractual matters when an event outside the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of the contract and whose effects can not be avoided by appropriate measures, prevents the performance of its obligation by the debtor. If the impediment is temporary, the performance of the obligation is suspended unless the delay resulting therefrom does not justify the termination of the contract. If the impediment is final, the contract is automatically settled and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code. As such, the responsibility of SKIOOL can not be engaged in particular in case of attack of hackers, unavailability of equipment, supplies, spare parts, personal equipment or other; and interruption, suspension, reduction or disturbance of electricity or other or interruptions of electronic communications networks, and in case of occurrence of any circumstance or event outside the control of SKIOOL after the conclusion of the T & C and preventing the execution under normal conditions.

It is specified that, in such a situation, the USER can not claim the payment of any compensation and can not bring any action against SKIOOL.

In case of occurrence of one of the aforementioned events, SKIOOL will endeavor to inform the USER as soon as possible.

 

ARTICLE 11. INTELLECTUAL PROPERTY

11.1. Ownership of the intellectual property rights of the SERVICE PROVIDERS

In the context of the provision of SERVICES via the PLATFORM, the SERVICE PROVIDERS may present branded photographs, logos, drawings and other models belonging to them or belonging to third parties.

Any PROVIDER offering BENEFITS through the PLATFORM guarantees that he has the right to make a representation of all intangible items presented in the CONTENTS.

In any case, SKIOOL can not be held responsible for an act of counterfeiting, considering its simple quality of hosting the CONTENTS published by the PROVIDERS.

11.2 Ownership of intellectual property rights of SKIOOL

The USER recognizes the intellectual property rights of SKIOOL on the PLATFORM, its components and related contents and waives to challenge these rights in any form whatsoever.

The trademarks, logos, slogans, graphics, photographs, animations, videos, software solutions and texts and any other content on the PLATFORM, with the exception of the CONTENTS published by the SERVICE PROVIDERS, are the exclusive intellectual property of SKIOOL and may not be reproduced , used or represented without express permission under pain of prosecution.

Any representation or reproduction, total or partial, of the PLATFORM and its contents, by whatever process, without the express prior authorization of SKIOOL, is prohibited and will constitute an infringement sanctioned by articles L.335-2 and following articles and articles L.713-1 et seq. of the Intellectual Property Code.

In particular, SKIOOL expressly prohibits:

Extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the contents of its database to another medium, by any means and in any form whatsoever;
Reuse, by making available to the public the whole or a qualitatively or quantitatively substantial part of the content of the database, whatever its form;
Reproduction, extraction or reuse, by any means, of the contents (photographs, description etc …) published by SKIOOL or by a USER.
Acceptance of these Terms is the acknowledgment by the USERS of the intellectual property rights of SKIOOL and commitment to respect them.

SKIOOL grants a personal, non-exclusive and non-transferable license to USERS authorizing them to use the PLATFORM and the information it contains in accordance with these Terms.

Any other exploitation of the PLATFORM and its contents is excluded from the scope of the present license and can not be carried out without the express prior authorization of SKIOOL.

 

ARTICLE 12. PROTECTION OF PERSONAL DATA

As part of the operation of the PLATFORM, SKIOOL may collect personal data.

These data are necessary for the management of the PLATFORM and the provision of the SERVICES. The data is kept confidential by SKIOOL for the purposes of the contract, its execution and in compliance with the law.

As such, the USER is invited to consult the Privacy Policy, accessible at the following address:

which will give him all the information relating to the protection of personal data, and the processing carried out via the PLATFORM.

In accordance with the law n ° 78-17 of January 6, 1978 relating to computer files and freedoms and Regulation (EU) 2016/679 of the European Parliament and the Council of April 27, 2016 relating to the protection of natural persons to With regard to the processing of personal data and the free movement of such data, and repealing Directive 95/46 / EC (General Data Protection Regulation (GDPR)), SKIOOL ensures the implementation of the rights of individuals concerned.

It is reminded that the USER whose personal data are processed benefits from the rights of access, rectification, updating, portability and deletion of information concerning him, in accordance with the provisions of articles 39 and 40 of the amended Data Protection Act and the provisions of Articles 15, 16 and 17 of the European General Regulation on the Protection of Persons (RGPD).

In accordance with the provisions of Article 38 of the amended Data Protection Act and the provisions of Article 21 of the RGPD, the USER may also, for legitimate reasons, oppose the processing of data concerning him, without reason and no charge.

The USER may exercise these rights by sending an e-mail to: contact@skiool.com or a letter to SKIOOL, A. 2. 3. Bat. Primavera Les Montayes, 73320 TIGNES.

 

ARTICLE 13. CUSTOMER SERVICE

Any question or complaint regarding the use or operation of the PLATFORM may be formulated as follows:

By email to the following address: contact@skiool.com;
By mail to SKIOOL, A.2.3. Bat. Primavera Les Montayes, 73320 TIGNES;
By phone on +33619379366 (non-premium rate number) – from 9 am to 6 pm, Monday to Friday, excluding public holidays.

 

ARTICLE 14. VALIDITY OF TERMS

If any of the stipulations of these Terms of Use should be declared void in the light of a legislative or regulatory provision in force and / or a court decision having res judicata, it will be deemed unwritten but not will not affect the validity of the other clauses which will remain fully applicable.

Such modification or decision does not authorize the USER to disregard these Terms.

 

ARTICLE 15. MODIFICATION OF TERMS

These Terms apply to any USER flying on the PLATFORM.

The TOU may be modified and updated by SKIOOL at any time, in particular to adapt to legislative or regulatory developments.

The applicable T & Cs are those in force at the time of navigation on the PLATFORM.

 

ARTICLE 16. GENERAL PROVISIONS

The fact that one of the PARTIES has not required the application of any clause of these Terms, whether permanently or temporarily, can in no way be considered as a waiver of said clause.

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any one of these, the titles will be declared non-existent.

 

ARTICLE 17. JURISDICTION AND APPLICABLE LAW

THIS AGREEMENT AND THE RELATIONS BETWEEN THE USER AND SKIOOL ARE GOVERNED BY FRENCH LAW.

In the event of a dispute between SKIOOL and a USER regarding the interpretation, performance or termination of these Terms and Conditions, the PARTIES will endeavor to settle it amicably.

In such a case, the USER is first invited to contact the SKIOOL mediation service at the following address: contact@skiool.com.

If no agreement is reached, then an optional mediation procedure, conducted in a spirit of loyalty and good faith, will be proposed to reach an amicable settlement upon the occurrence of any conflict relating to this contract, including concerning its validity.

Pursuant to Article L. 616-1 of the Consumer Code, SKIOOL communicates to the consumer the contact details of the consumer’s mediator.

The USER can thus contact:

[Name of the mediator to be completed], [Address of the mediator to be completed],

which can be entered via this link:

The PARTY wishing to implement the mediation process must first inform the other PARTY by registered letter with acknowledgment of receipt indicating the elements of the conflict.

As mediation is not compulsory, the USER or SKIOOL may withdraw from the process at any time.

In the event that the mediation fails or is not envisaged, the dispute that may have given rise to a mediation will be entrusted to the competent jurisdiction designated above.

 

ANNEX 1: Information on civil and tax obligations

Online platform operators have the obligation to inform any USER who generates income on his PLATFORM on his civil and tax obligations.

The relevant information is collected in educational sheets recalling the rules applicable to the declaration of income and the payment of social security contributions. The following sheets are also available at the following addresses

https://www.economie.gouv.fr/files/files/PDF/2017/declaration_revenus_services.pdf
https://www.economie.gouv.fr/files/files/PDF/cotisations_sociales_services.pdf
In terms of social protection, these incomes must be able to open up health insurance or pension rights. This also applies to taxation: the income generated must be subject to tax.

We remind you that the explanations given below are for information purposes only and do not replace the reading of legislative texts, comments from the administration and case law. We also want to emphasize that the rules described above are subject to change (including the different thresholds that are re-evaluated each year) and that each USER of the PLATFORM is solely responsible for its legal obligations.

In addition, the tax authorities and the social security funds are able to complete this basic information and answer any questions.

SKIOOL therefore recommends to any USER to approach his tax office, his social security fund or a specialized council in case of doubt.

 

 

Electronic communications

When you use any Skiool Service or send us emails, SMS or other communications from your fixed or mobile equipment, you communicate with us electronically. We will communicate with you electronically by various means, such as by email, SMS, or by posting e-mails or notification messages on the Skiool website. For contractual purposes, you agree to receive electronic communications from us and you agree that all agreements, information, disclosures and other communications that we send to you electronically fulfill all legal obligations of written communications, unless a mandatory law specific requires another mode of communication.

Procedure for notifications of violation of rights

If you believe that your rights have been violated, we invite you to contact Skiool directly and make your notifications. Skiool will promptly respond to rights holders and their representatives on any alleged violations.

Upon receipt of a notice of breach of right, we may take appropriate action, including removal of any information or article. These measures will, however, be taken without prejudice, without our acknowledgment of any liability and without prejudice to the exercise of our rights, actions and defenses.

Protection of your personal information

We know that you are attentive to the use and sharing of your personal information and we thank you for your confidence in treating it scrupulously, carefully, and wisely.

What customer information does Skiool.com collect ?

Whenever you get in touch with us, we receive and record certain types of information. Like many other websites, we use “cookies” and obtain certain types of information when your browser accesses Skiool.com or advertisements.

The customer information we collect helps us to personalize and continually improve your ski lessons search experience on Skiool.com. We use this information to improve the comparator, optimize the filters, process your available ski lessons search requests, offer the courses corresponding to your needs, process payments and communicate with you about your service orders, keep and update. our files. We also use this information to prevent or detect fraud or abuse on our website and to allow third parties to provide technical, logistical or other functions on our behalf.

We collect and store all information that you provide to us via our website. You may choose not to give us certain information, this decision may nevertheless deprive you of many services and features that we offer. We use the information you provide us, in particular to respond to your requests, to personalize your research and to communicate with you.

When you use the Skiool website, you have requested or consented to location services, we may receive information about your location and your mobile device, including a unique identifier for your mobile device. We may use this information to provide you with location-related services, such as search results and other personalized content. Most portable devices allow you to disable location services.

Sharing information received

Information about our customers is an important part of our business and our job is not to trade it. We share this information only with ski school partners with whom we work closely or with third-party providers who provide certain services on our behalf. These providers have access to the personal information necessary to perform their services but are not allowed to use them for other purposes. In addition, they are required to treat this personal information in accordance with this privacy policy and in accordance with the laws applicable to the protection of personal data. In all other cases, you will be notified if your information was sent to a third party and you will have the opportunity not to agree to such transmission.

Our site may include third-party advertisements and links to other websites.

Activities and revision

If you have any questions regarding the protection of personal information by Skiool.com, please send us a detailed email message and we will try to find a solution.

Our business is changing and this privacy policy may change as well. We invite you to check our website regularly for the latest changes. Unless otherwise stated, our privacy policy applies to the use of any information we have collected about you. We deliver on our promises and we will never substantially change our policies and practices in a way that would reduce the protection of customer information collected in the past, without the consent of the relevant customers.

Cookies

Visiting the Skiool.com website with your browser settings set to accept “cookies” tells us that you want to use Skiool’s products and services and that you consent to our use of cookies and other technologies for you. provide, as described in this information sheet.

The Help section of most browsers tells you how to refuse new “cookies” or get a message that signals their reception or how to disable all “cookies”.

“Cookies” are unique identifiers that we transfer to your device to allow our system to recognize your device and provide you with different features such as providing you with product recommendations, displaying personalized content, providing content, including advertising, related to your interests, keep track of items viewed, perform research and diagnostics to improve content, or prevent fraudulent activity and improve security.

Skiool may display advertisements based on your interests, using the information you make available to us when you interact with the site, our content or our services. Ads based on your interests are displayed to you based on information from your visit.

Like other online advertising networks, we use “cookies”. Cookies allow us to inquire about which ads you view, which ones you click, and other actions you take on our sites or other sites. This allows us to offer you more useful and relevant ads.

We do not provide any personal information to advertisers or third-party sites that display our ads based on your interests unless you have explicitly authorized it on the site.

Some third-party advertisers and advertising companies, working on their behalf, may sometimes use technologies directly in your browser to send advertisements that appear on the website. In this case, they automatically receive your IP address. They can also use “cookies” to measure the effectiveness of their ads and personalize the content of ads. We have no access to or control over the “cookies” or other features that advertisers and other third-party websites may use. The information practices of these third-party websites and advertisers are not covered by our privacy policy or by this Cookies and Internet Advertising page. Please contact them directly for further information regarding their personal data protection policy.