Terms and conditions of sale

Scope of application

These General Terms and Conditions of Sale (the “Terms”) apply to all bookings of services offered by APEAK – ESI Montgenèvre, including group and private ski and snowboard lessons, freeride, ski touring, snowshoe outings and other supervised sporting activities (the “Services”).

The Services may include additional services such as meals, ski lift passes or other services supplied directly by APEAK or by partners, under the conditions stated at the time of booking.

These Terms govern the contractual relationship between APEAK and consumer or non-professional clients, regardless of whether the booking is made online, by telephone, by email or directly at the ski school office.

Services covered

These Terms apply to the following services:

• Teaching and sporting supervision services: individual and group ski and snowboard lessons, freeride, ski touring, snowshoe outings and other supervised sporting activities marketed and organised by APEAK on behalf of the relevant independent professionals.
• Additional services: complementary services that may be offered in connection with an activity, including meals, ski lift passes and other related services, under the conditions stated at the time of booking.

APEAK’s role and status of the professionals

APEAK promotes, markets, organises and administratively manages the services offered by ESI APEAK Montgenèvre, including bookings, schedule coordination and allocation of professionals.

For teaching and sporting supervision services, APEAK acts as agent on behalf of independent professionals: ski and snowboard instructors, high-mountain guides and mountain leaders operating under joint-practice agreements.

These professionals practise independently in accordance with the regulations applicable to their status. They hold the qualifications, authorisations to practise and professional liability insurance required for the services they provide.

Each professional is responsible for the performance of the services falling within his or her professional competence, in accordance with applicable law.

APEAK remains responsible for its own obligations in connection with the organisation, management and marketing of the Services.

Acceptance of the Terms and pre-contractual information

These Terms are made available to the Client before any booking is confirmed or payment is made, on www.a-peak.com.

In accordance with Articles L.111-1 et seq. of the French Consumer Code, before entering into the contract the Client receives the essential information concerning the proposed Services, including their main characteristics, prices, performance arrangements and applicable cancellation terms.

By paying for the booking after having had the opportunity to read these Terms, the Client acknowledges and accepts them without reservation.

Bookings and confirmation

Requests to book Services offered by ESI APEAK Montgenèvre may be made by telephone, on our website, by email or directly at the ski school office.

Each booking request gives rise to a proposal based on availability and the school’s organisational constraints. The proposal may be communicated by telephone or email.

A booking proposal does not constitute a final booking and does not guarantee availability until the required payment has been made and accepted by the school.

The booking is confirmed once the required payment has been received and ESI APEAK has confirmed the booking.

These Terms are provided or made available before any payment. By paying for the booking, the Client acknowledges having read and accepted them without reservation.

Order and contract

3.1 — Order

The Client may place an order directly on www.a-peak.com, by email, by telephone or at the ski school office.

For an online order, the Client selects the requested Services, checks the order summary and enters the information required for the booking.

Before payment, the Client may check and correct the information provided and the details of the selected Services.

The Client reads these Terms before validating the order. Payment for the booking constitutes acceptance of the Terms under the conditions set out herein.

An acknowledgement of receipt or booking confirmation is sent to the email address provided by the Client.

The booking becomes final once the payment requested by ESI APEAK has been received and availability has been confirmed.

3.2 — Contract and duration

The contract consists of these Terms, the information relating to the booked Services and the booking confirmation sent by ESI APEAK.

The contract takes effect when the booking is confirmed after receipt of the required payment.

It is concluded for the duration of the booked Services as stated in the booking confirmation, subject to the provisions relating to changes and cancellation.

Prices, payment and changes

4.1 — Prices and included services

The prices charged by ESI APEAK Montgenèvre correspond to the teaching or sporting supervision Services booked by the Client.

Unless expressly stated otherwise at the time of booking, prices do not include ski lift passes, equipment hire, insurance, transport, accommodation, meals or any other additional service.

The Client must ensure that each participant has the equipment required for the activity and, where necessary, a suitable ski lift pass from the start of the Service.

ESI APEAK strongly recommends that each participant take out insurance suited to mountain sports, covering in particular civil liability, search and rescue costs and any medical and repatriation expenses.

The school also recommends personal insurance covering the risks of cancellation or interruption of the stay and activities.

4.2 — Rates

Prices are stated in euros and correspond to the rates communicated to the Client at the time of booking.

They are stated inclusive of tax where VAT applies, or net of tax where the Services are exempt from VAT under the applicable regulations.

Current rates are available on www.a-peak.com or supplied directly by the school in response to a booking request.

ESI APEAK may change its prices at any time. Such changes do not affect bookings already confirmed, for which the price accepted by the Client at the time the contract was concluded remains applicable.

4.3 — Payment

All bookings with ESI APEAK Montgenèvre require payment in full of the price of the booked Services.

One hundred per cent (100%) of the total amount is due at the time of booking. A partial payment does not confirm a booking.

The booking becomes final only after full payment has been received and ESI APEAK has confirmed it.

Accepted payment methods are bank card, bank transfer, cheque, cash and ANCV holiday vouchers, subject to the arrangements stated by the school.

A booking confirmation and proof of payment are sent by email to the address provided by the Client.

Without full payment, the booking request remains only a proposal and does not guarantee availability. ESI APEAK may release the places concerned without further notice.

4.4 — Booking proposal

Any booking proposal issued by ESI APEAK is an offer subject to the school’s availability.

If payment is not made under the terms and within the time stated in the proposal, the proposal does not guarantee a final booking.

ESI APEAK may then release the proposed places without further notice, as no booking has been confirmed.

4.5 — Changes to a booking

Any request to change a confirmed booking, including dates, times, the nature of the Services or participants, must be sent to ESI APEAK Montgenèvre.

Any change is subject to availability and the school’s organisational constraints. No change is accepted unless expressly confirmed by ESI APEAK.

A change request that replaces the original booked Service with a new Service is treated as a cancellation of the original booking followed by a new booking request.

The new request is processed according to availability and in chronological order of receipt, with no priority derived from the original booking.

Any financial consequences of cancelling the original booking are determined in accordance with the cancellation terms set out in these Terms.

Cancellations, interruptions and refunds

5.1 — Cancellation by the Client

Any cancellation request must be notified to ESI APEAK Montgenèvre by email. The date on which the notification is received determines the applicable conditions.

Cancellation at least 15 days before the start of the Services

The Client is refunded the amounts paid, less cancellation charges equal to 15% of the total amount of the cancelled Services, with a minimum charge of €30, without the charges exceeding the amount paid.

Any ski lift passes or additional services already purchased from third parties are subject to those third parties’ own cancellation and refund conditions, as previously communicated to the Client.

Cancellation less than 15 days before the start of the Services

No refund is granted for a cancellation made by the Client.

Illness, accident or personal impediment

Cancellations due to illness, injury, accident, transport difficulties or any other personal impediment affecting the Client or participant are subject to the same cancellation terms as other bookings.

A cancellation notified at least 15 days before the start of the Services therefore gives entitlement to the refund provided above, less the 15% cancellation charge with a minimum of €30.

A cancellation notified less than 15 days before the start of the Services gives no right to a refund, including where a medical certificate is produced.

ESI APEAK strongly recommends that the Client take out cancellation and interruption insurance with an insurer of the Client’s choice.

5.2 — Cancellation or inability to perform by the School

Unavailability of a professional

If the professional initially assigned becomes ill, injured or unexpectedly unavailable, ESI APEAK will endeavour to arrange a replacement by another appropriately qualified professional so that the booked Service can be provided under equivalent conditions.

A request for a particular instructor does not guarantee that instructor’s availability in the event of an unforeseen impediment.

Where the Service can be provided under equivalent conditions by another qualified professional, the change of professional alone does not give entitlement to a refund.

If no appropriate replacement can be arranged and the Service cannot be performed, the Client is refunded for the Services not provided.

Weather and snow conditions

Adverse weather, snowfall, lack of snow or partial closure of the ski lifts does not automatically result in cancellation of lessons.

Services are maintained where they can be provided safely in an accessible area suited to the participants’ level.

In the event of complete closure of the ski area or conditions making it impossible to perform the booked Service safely, ESI APEAK may offer a postponement or credit note.

If the Service cannot be performed and no replacement solution is accepted by the Client, the amounts corresponding to the Services not provided are refunded in accordance with applicable law.

5.3 — Absence, lateness and interruption by the participant

Any booked Service not attended for a personal reason, including absence, illness, injury, fatigue or early departure, is not refundable and is not postponed.

In the event of lateness, the participant may join the lesson only where organisational and safety conditions allow. Lateness gives no entitlement to an extension, refund or replacement session.

Voluntary interruption of a Service by the participant gives no entitlement to a refund of the remaining sessions or time.

Organisation of group lessons

6.1 — Choice of Service and participant level

Proper organisation of group lessons requires groups that are sufficiently homogeneous in age, technical level and ability.

When booking, the Client is responsible for the accuracy of the information provided regarding the participant’s level and must select the level that corresponds to the participant’s actual ability using the descriptions and level charts made available by ESI APEAK Montgenèvre.

The school may assess the participant’s level at the start of or during the Service and, where necessary, offer transfer to a more suitable group, subject to available places and organisational constraints.

If no reassignment is possible because the level was inaccurately declared at booking, ESI APEAK cannot guarantee that the participant may remain in the original group where his or her level compromises the proper conduct of the lesson or safety.

Where inability to participate results solely from inaccurate information supplied at booking, no refund or compensation may be claimed on that basis.

6.2 — Conditions for opening and organising group lessons

The organisation of group lessons depends on the number of participants present in each level group.

Group lessons are normally provided according to the planned programme and times where at least four (4) participants are present in the same level group.

Where fewer than four participants are present, ESI APEAK adapts the duration and organisation as follows:

• 3 participants: six (6) sessions of two (2) hours.
• 2 participants: five (5) sessions of two (2) hours.
• 1 participant: three (3) individual lessons of two (2) hours.

These adaptations make it possible to maintain suitable teaching with reduced numbers while taking account of the school’s organisational constraints.

These arrangements apply to the group courses concerned by these formats unless specific conditions were expressly stated at the time of booking.

6.3 — Composition and organisation of group lessons

Group sizes vary according to the period, timetable, technical level and discipline. The normally applicable maximum number for each formula is stated on the relevant Service page on the website.

To ensure participant safety, group consistency and continuity of teaching, ESI APEAK may exceptionally change the composition of groups, particularly in the following circumstances:

• Reassignment of a participant whose actual level does not correspond to the level declared at booking.
• Unexpected absence, illness or injury of an instructor requiring temporary reorganisation of groups.
• Transfer decided by the instructor for technical, educational or safety reasons.
• Transfer due to particular difficulties, including fatigue, stress or inability to follow the original group.

These circumstances may cause a temporary excess over the announced maximum group size. ESI APEAK will take the necessary steps to restore the normal maximum as soon as reasonably possible while maintaining appropriate supervision and safety.

An exceptional and temporary excess justified by the above circumstances does not give entitlement to a price reduction or refund where the Service continues under equivalent conditions.

Merging groups

ESI APEAK may merge ski or snowboard group lessons initially organised at different times, including morning and afternoon sessions, where numbers are low and the participants’ technical levels are sufficiently close.

Such reorganisation must maintain teaching suited to the participants’ level and preserve the total duration of the booked Services. Any change of time is communicated to the participants concerned in advance and requires their agreement.

Liability and force majeure

7.1 — Liability for teaching and supervision Services

Teaching and sporting supervision Services are provided by independent professionals holding the qualifications and authorisations required for their activity.

Each professional is responsible for the proper performance of the Services falling within his or her competence, in accordance with applicable regulations.

APEAK acts as agent for the organisation, marketing and management of the Services and remains responsible for its own contractual and legal obligations.

For safety reasons, depending on weather, terrain or participants’ technical level, professionals may adapt routes, exercises, practice areas or the way the activity is conducted.

Such adaptations do not constitute defective performance where they are justified, proportionate and allow an activity consistent with the nature of the booked Service to continue.

7.2 — Force majeure and external events

ESI APEAK Montgenèvre and the professionals involved are not liable for failure to perform an obligation where this results from force majeure within the meaning of Article 1218 of the French Civil Code.

Force majeure is an event beyond the debtor’s control, which could not reasonably have been foreseen when the contract was entered into, whose effects cannot be avoided by appropriate measures and which prevents performance of the obligation.

Where performance is prevented by such an event, the consequences for the contract and any restitution are determined in accordance with applicable law.

ESI APEAK or the professionals involved are not liable where non-performance or defective performance results from a fault attributable to the Client or from the act of a third party amounting to a legally recognised cause excluding liability.

Practice of activities and safety

8.1 — Safety and participant conduct

Skiing, snowboarding and related disciplines take place in a mountain environment involving inherent risks, including terrain, weather, snow conditions and other users.

Each participant must behave prudently and in a manner suited to his or her ability and the conditions, in order to protect his or her own safety and that of others.

Professionals are subject to a duty of care in the performance of their teaching and supervision duties, in accordance with applicable law.

The Client and each participant undertake to comply with the technical, educational and safety instructions given by the supervising professional.

8.2 — Attendance and punctuality

The Client must attend, or ensure that the participant attends, at the meeting point, on the day and at the time stated in the booking confirmation or otherwise communicated by ESI APEAK Montgenèvre.

The Client must allow sufficient time to get equipped and reach the meeting point before the Service starts.

In the event of lateness, Article 5.3 applies. No refund, extension or make-up is due solely because of the participant’s lateness.

8.3 — Operation of ski lifts

Ski lifts are operated by organisations independent of ESI APEAK Montgenèvre.

Temporary interruptions, slowdowns or restrictions may require an adaptation of the Service.

Where the booked activity can still be provided safely, such disruption does not by itself give entitlement to a refund or compensation.

Where interruptions make performance impossible, Article 5.2 concerning Services not provided applies.

8.4 — Weather and snow conditions

Skiing, snowboarding and related activities are subject to the weather and snow conditions inherent in a mountain environment.

Variations in snow cover, snowfall, wind, cold or other weather phenomena do not in themselves give entitlement to a refund where the Service can be provided safely.

ESI APEAK Montgenèvre and the professionals may adapt practice areas, routes or the conduct of the activities to reflect such conditions.

Where weather or snow conditions make performance of the booked Service impossible, Article 5.2 applies.

The Client is invited to check his or her personal insurance and, if desired, take out suitable cover with the insurer of his or her choice for risks linked to snow and weather conditions.

Insurance, equipment and accidents

9.1 — Insurance of professionals

Independent professionals involved in Services offered by ESI APEAK Montgenèvre hold professional liability insurance covering their activity in accordance with applicable law.

That insurance applies within the terms and limits of the policies where the liability of the professional concerned is established.

9.2 — Participants’ personal insurance

Unless expressly stated otherwise at booking, Service prices do not include personal insurance for the Client or participant.

Each Client must check that he or she has insurance suited to the booked activity, including, in particular, civil liability, personal accident, mountain search and rescue, medical expenses and repatriation.

The professionals’ liability insurance is not individual insurance covering every accident or loss suffered by participants.

ESI APEAK strongly recommends suitable personal insurance and cover for cancellation or interruption of the Services.

9.3 — Equipment and personal belongings

The Client and each participant are responsible for supervising, using and keeping their sports equipment and personal belongings.

ESI APEAK Montgenèvre and the professionals involved are not liable for loss, theft or damage that does not result from a fault attributable to them.

Each participant must attend with equipment suitable for the activity, in good condition and compliant with the safety requirements communicated by the school or the supervising professional.

9.4 — Accidents and injuries during Services

The Client acknowledges that skiing, snowboarding and related disciplines involve inherent risks, including falls, collisions and injury.

Participants must follow safety instructions and behave in a manner suited to their abilities and the conditions.

The occurrence of an accident or injury during a Service does not, by itself, establish the liability of ESI APEAK Montgenèvre or the professional involved.

Liability may arise only under the conditions provided by applicable law, in particular where a breach of an obligation is established.

9.5 — Participant accident and insurance documents

If an accident or injury prevents a participant from continuing the booked Services, the interruption and refund conditions in Article 5.3 apply.

ESI APEAK strongly recommends personal insurance covering, in particular, accident, cancellation and interruption of Services.

At the Client’s request, ESI APEAK provides the administrative documents in its possession that are necessary for an insurance claim, such as confirmation of booking, payment or Services not attended.

Any cover or refund by the insurer depends exclusively on the guarantees and conditions of the insurance policy taken out by the Client.

Image rights

In connection with its activities, ESI APEAK Montgenèvre may take photographs or videos for the purpose of illustrating its Services and promoting the school, including on its website, social media and communication materials.

Promotional use of photographs or videos in which a participant can be identified is subject to the participant’s prior, specific and freely given consent.

For minors, consent must be given by the holders of parental responsibility in accordance with applicable law.

Participation in the Services does not constitute consent to use a participant’s image. Refusal has no effect on the booking or conduct of the activities.

The consent specifies, in particular, the intended uses, media and period of validity.

A person concerned may withdraw consent for future uses by sending a written request to ESI APEAK Montgenèvre.

The school will then take appropriate steps to cease uses within its control, in accordance with applicable law.

Right of withdrawal

In accordance with Article L.221-28, 12° of the French Consumer Code, the statutory right of withdrawal does not apply to leisure activity services to be supplied on a specific date or during a specific period.

Consequently, bookings of ski and snowboard lessons and related disciplines, and other sporting and leisure activities offered by ESI APEAK Montgenèvre for specified dates, do not benefit from the statutory 14-day withdrawal period applicable to certain distance contracts.

Any confirmed booking remains subject to the cancellation and refund conditions in Article 5 of these Terms.

Applicable law and mediation

12 — Applicable law and settlement of disputes

These Terms are governed by French law, subject to any mandatory provisions applicable to the Client under the regulations in force.

In the event of difficulty concerning the interpretation or performance of these Terms, the Client is invited to contact ESI APEAK Montgenèvre first in order to seek an amicable solution.

If no amicable solution is reached, a consumer Client may use a consumer mediator free of charge in accordance with the French Consumer Code.

If the dispute persists, the competent courts are determined in accordance with the applicable legal rules.

12.1 — Complaint and consumer mediation

In the event of a dispute relating to a Service, the Client must first send a written complaint to ESI APEAK Montgenèvre at contact@a-peak.com in order to seek an amicable solution.

If no amicable agreement is reached or no response is received within one (1) month after the written complaint, the consumer Client may refer the matter free of charge to a consumer mediator in accordance with Articles L.612-1 et seq. of the French Consumer Code.

The consumer mediator appointed by APEAK is:

Société Médiation Professionnelle — Alteritae
5 rue Salvaing — 12000 Rodez — France
www.mediateur-consommation-smp.fr

The mediation request must be submitted within a maximum period of one year from the written complaint sent to the professional.

Mediation is optional and does not deprive the Client of the right to bring proceedings before the competent courts.