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About Skimium

Terms-and-conditions

September 2016

Forward

The company SKI BREAK SAS, hereafter named the “Company”, makes sure that this internet site, hereafter named the “Website”, takes reservations, hereafter named the “Reservation(s)”, by the internet users visiting the Website, hereafter named the “Customer(s)”, for renting winter sports equipment, hereafter named “Rental” from the member stores of the network, here-after named the “Rental Store(s)”, for which the list is present on the Website, the Company making the Reservations for all the Customers on the Website on behalf of the Rental Stores.

The SKI BREAK company is a simplified joint stock company with a capital of 250 000 euros, headquarters: 1160, avenue Joseph Thoret 74190 Passy Mont Blanc - France, RCS Annecy, n°493 722 052

The current general rental conditions (hereafter named the “GRC”) are concluded exclusively between SKI BREAK, acting on behalf of the Rental Stores and any Customer making a Reservation through the Website.

SKI BREAK specifies that its business relates to the Reservation of equipment and not rental. Rental activity is fully managed by the Rental shop chosen by the customer. Accordingly, these Terms and Conditions of Reservation set out how to reserve equipment on the Website, regardless of the rental terms and conditions that may be in place at the Rental Shops.  

The confirmation of a Reservation by a Customer on the Website implies the Customer’s entire accordance and acceptance of the general rental conditions. 

These Terms and Conditions of Reservation are subject to change at the sole initiative of SKI BREAK. The conditions that apply to any given Reservation and Rental are those in effect on the Website on the date when the corresponding Reservation was made.

Article 1: Capacity to conclude Contracts

The Customer declares being at least 18 years old and has the legal capacity to buy from the Website and to respect the general rental conditions in effect or the Customer has a parental authorisation enabling him/her to make a Reservation on the Website. 
SKI BREAK reserves the right to refuse a Reservation if there are on-going prior litigious circumstances or even an unusually high level of reservation.

 

Article 2: Equipment proposed

The winter sports equipment that is available for Reservation on the Website is described upon the Website as being a type of category of material available and under no circumstances must this be understood as being a specific model. The general characteristics of each of the available categories are explained on the Website and sometimes there are several examples of equipment that corresponds to each one of these categories. The Customer selects and reserves a category of equipment. The examples of the material are given purely as an indication and have no contractual value.

Article 3: Rental Price

The rental price corresponding to the Reservation is determined according to the type of material reserved, the chosen period of location and the date the Reservation was made.

The price in force is that displayed on the site when placing the Reservation. It is only contractually binding after confirmation of the Reservation and payment of the deposit referred to in Article 5 hereof. 

SKI BREAK points out that the rates offered on the Website are only valid for rentals preceded by Reservation via the Website. Thus, any equipment rented directly from the Rental Shop (without Reservation on the Website) will be charged at the public rate of the Rental Shop.

Lastly, SKI BREAK shall bill the user for a Reservation fee in addition to the rental price. These reservation fees are displayed when the order is placed.

Article 4: Ways of making a Reservation

A Reservation on the Website may be made no later than the day before the start date of the requested rental period.

When a Reservation is made through the Website, le Customer chooses a Rental Store from which he/she intends to hire his/her material. The Customer then chooses the category of material that he/she intends to reserve. After selecting the material, the Customer will be requested to confirm his/her Reservation.

The Customer should confirm the first names of the people who will be using the reserved material.

Only the transfer of a deposit as outlined in article 5 is necessary to confirm and save the Reservation that the Customer has requested on the Website.

The Reservation made by the Customer on the Website is only deemed to be effective on receipt by SKI BREAK of the approval by the central bank card network of the payment of the Deposit set out in Article 6 hereof.

Article 5: Conditions for paying the rental prices

On confirmation by the Customer of their Reservation on the Website, a deposit, the amount of which is displayed on the website and hereinafter referred to as “the Deposit" is to be paid to SKI BREAK by the Customer. SKI BREAK receives the payment of this Deposit on behalf of the Rental Store.

The balance of the rental price related to the Reservation will be paid by the Customer directly to the Rental Store according to the Rental Store’s conditions, which can be obtained by the Customer by contacting the said Rental Store directly. The provisions of Article 8 shall apply in the event of an amendment to the Reservation.

Article 6: Ways of paying the balance

The Reservation is only confirmed and recorded after the payment of the Deposit

The deposit can only be paid by bank card using the secure payment system on the Website.

Only bank cards presenting the symbols CB, VISA, EUROCARD or MASTERCARD emitted in France or as part of an international network homologated by ‘GIE Cartes Bancaires’, are acceptable.

SKI BREAK has concluded a service concerning secure payment on the internet. This service aims at assuring all the functions necessary for the management of an internet payment service and for the secured reception of payments via the internet.

The Société Générale manages the exchange security and assures the protection of secret information (encoding keys) and their management.

The Customer must choose from the following acronyms CB, VISA or MC (Mastercard) and enter the 16 digits and the expiry date of their bank card and the three digit security code on the back of the card.

The payment can only be considered valid when SKI BREAK receives validation from the central network of bank cards. If the central network of bank cards were to refuse payment, the Company reserves the right to simply cancel the Reservation that had been recorded. Were this to occur, the Customer would be informed by email.

Upon receiving agreement from the central network of bank cards concerning the payment of the Deposit, an email confirming the acceptance of the Reservation is sent to the Customer with the details of the reserved equipment, hereafter named the “Reserved Equipment”, the details of the reserved rental period and the corresponding rental price and the name and the coordinates of the Rental Store from which the material will be made available.

When the payment is being made, a connection is automatically set up with the bank’s payment treatment centre’s server. The bank details are protected by encoding. They are only retained by the bank for the time that it takes to process the transaction. The information in question is not transferred under any circumstances to the Company’s systems and is therefore not retained by the Company.

Article 7: Drawing up the Contract

The Reservation is considered concluded and only becomes viable when SKI BREAK receives the accordance from the central network of bank cards concerning the payment of the Deposit and the reception by the Customer of an email that confirms the Reservation. These two conditions are cumulative.

Once the Reservation has been concluded, the Rental Store is committed to hiring out the Reserved Equipment to the Customer according to the conditions fixed during the Reservation and the general rental conditions in effect, whereas the Customer commits him/herself to collecting the Reserved Equipment according to the same conditions.

Article 8: Changing a recorded Reservation

A change related to the category and/or the size of the Reserved Equipment will be undertaken conforming to the conditions stipulated below.

If the change is made within the legal withdrawal period referred to in Article 14, the difference between the two Reservations will be subject to a refund or additional Deposit of no less than one Euro (€1).

If the change is made after the legal withdrawal period, there are two options:

a) if the amount of the new Reservation is higher than the initial Reservation, the additional Deposit of a minimum amount of one Euro (€1), must be paid via the Website.

b) if the amount of the new Reservation is lower than the initial Reservation, there will be no refund of the initial Deposit.

The effect on the rental price of the acceptance of such an amendment will be taken into account on payment of the balance of the rental price.

Article 9: Providing the Reserved Equipment – Returning rented material – Rental duration

The Reserved Equipment must be collected from the Rental Store where the Reservation was made, which is stipulated in the confirmation email outlining that the Reservation has been taken into account.

The Reserved Equipment will only be made available for the person that made the Reservation.

In order to collect the Reserved Material, the Customer will go the Rental Store and present the confirmation email that outlines the acceptance of the Reservation.

The Reserved Material can be collected on the day before the first day of rental indicated in the confirmation email from 5:30 pm and according to the stock available.

The Rental Store will print out a rental form that details the equipment that has been rented, the date the material has been collected and the anticipated date for returning the equipment. The form will be signed by the Customer when he/she collects the equipment. 

The Customer must also present a proof of identity or a passport. The Rental Store may also require a swipe of the bank card or a pre-authorised payment of the bank card to the value of the total amount of the rental. Otherwise, the rental may be refused by the Rental Shop without any refund of the deposit.

Any payment for the rented equipment is carried out exclusively by the Rental Store.

The Rental Shop may also require a security deposit to cover the risks of damage, theft or loss of the rented Equipment. The deposit amount and conditions are set by the Rental Shop. The security deposit will be returned to the Customer when the rented material is returned unless the said material has been damaged according to the precise conditions stipulated in article 12. 

The Customer must inform the Rental Shop of any reservations regarding the condition of the rented equipment on collection of such equipment and this will be recorded on the rental form when it is signed. Otherwise, no subsequent claim will be accepted.

If the Customer knows that he/she will be collecting the equipment late, the Customer must inform the Rental Store. The Rental Stores are only obliged to retain any material reserved by the Customer through the Website up until 10am on the morning following the first day of renting indicated by the Reservation confirmation email. After this deadline, the Reservation will be considered as if the Customer had cancelled the reservation. The Customer will lose his/her reservation and the material in question will be made available for hire and the Customer will not be entitled to a refund of his/her deposit or any other type of indemnity. In this instance, the Deposit is retained by SKI BREAK.

The Rental period begins from the moment where the Customer collects the rented equipment and lasts for the dates indicated on the rental form. The rental period automatically ends at the time and date indicated on the rental form.

The hired material will be returned at the end of the return date that is indicated on the rental form or on the following day before 10am. The Customer will have to pay the Rental Store for any material returned after 10am on the day following the return date indicated on the rental form for a further day’s rental at the prices communicated in store. In the event where the rented material is late by more than one day, the Customer will have to pay a day’s rental for every day late.

It is imperative that the rented equipment is returned to the Rental Store from where it was rented. The action of returning the material will be certified with a stamp on the rental form.

The Customer is obliged to return the rented equipment by the end of the stipulated rental period as required by the law, article 314-1, without the need of sending formal notice and without any other actions by the Customer that would cause such a procedure.

Article 10: Availability of the reserved equipment

SKI BREAK undertaking the Reservations on the Website on behalf of the Rental Stores cannot be held responsible for any fault in the concerned Rental Store’s provision of the Reserved Equipment.

The Rental Stores will only be exempt from the responsibility for providing the Reserved Equipment late in the event of ‘an Act of God’. By ‘an Act of God’, we understand any particular event that is independent to their actions, that is unavoidable and unpredictable and that is defined by case law, which is also the case for any delay in the return of the Reserved Equipment in the framework of the aforementioned rental period.

However, if it is impossible for the Rental Store to provide the Customer the Reserved Material, the Rental Store must do its utmost to provide the Customer with material of equal or superior quality for the same rental price.

Article 11: Use of rented equipment

SKI BREAK points out that the use of the rented equipment is essentially governed by the rental terms and conditions of the rental shop chosen by the customer.  However, in choosing to book via the Website, the customer agrees to at least comply with the following rules:

- The rented equipment can only be used by the people mentioned in the Reservation. Under no circumstances may the material be sub-let or lent or borrowed free of charge. The Customer alone is the only judge of the capacity of these persons to use the rented material. The Customer certifies that these people are apt for using the said rented material and is responsible for overseeing that both he/she and the people mentioned in the Reservation that are to use the equipment are to use the material themselves according to the normal use of the products, taking care and being careful not to harm any third parties conforming to the regulations in effect, and that they do not sub-let or lend the material out. The Customer may freely choose the category of material available for reservation and hire and is solely responsible for any differences between the rented equipment and the specific needs of the aforementioned persons in the Reservation as the users of the said material and for any adjustments made to the equipment that were not made by the Rental Store.

- The rented material cannot be sold off nor used as collateral. The Customer is responsible for respecting that neither he/she nor the people mentioned in the Reservation that will use the Reserved Equipment, must not benefit in any way, in real terms or in any other terms, from the renting of the said products, that is liable to harm the possession or limit the availability of the full property rights of the Rental Store.

Article 12: Responsibility

Customer Responsibility 

Regardless of the provisions set out in the rental terms and conditions of the rental shop that may be added to these Terms and Conditions of Reservation, the Customer assumes full responsibility for the rented equipment on taking possession thereof. The Customer assumes the entire responsibility of the rented material from the moment when he/she takes possession of it. He/she remains responsible for the said material until the material is fully returned as stipulated in article 9. He/she will assure that the equipment is properly maintained and will use the equipment responsibly at all times. 

When the rental period expires according to the date on the rental form, in the event where the material has not been returned by the allocated date and time, the Customer is solely responsible for the material which remains in his/her possession until the moment that it is effectively returned. 

Failure to return the rented equipment, for whatsoever reason, will result in the Rental Shop billing the Customer for the full retail price of the equipment in new condition, in addition to the rental price. In the event that the Rental Shop has requested a deposit, this will be retained to cover such billing. 

The rented material, which is numbered and marked, must be returned with the same numbers and the same markings. The Customer must return the rented material clean and in the same condition that it was in when the Customer took possession of it, excluding any damage caused by normal usage or a hidden defect or a non-visible aspect that has caused any damage, for which the Customer cannot be made responsible. 

The Customer remains responsible for any other damage to the rented item, whatever the cause may be. The Customer accepts responsibility for any damage caused and a payment will have to be made to the Rental Store by the Customer for the costs of returning the said material to its initial state or even to replace the material, within the limits of the maximum value for replacing the equipment with brand new material at the retail price, and this on top of the cost of renting the equipment. In the event where it is technically or economically impossible to undertake the repairs, the material will be replaced. The Customer must pay the repair/replacement costs of the rented material or the security deposit left by the Customer as outlined in article 9 will be cashed in. All repairs will be exclusively undertaken by the Rental Store.

Responsibility of SKI BREAK

SKI BREAK specifies that its activity is limited to the reservation of equipment. Consequently, it cannot be held responsible in any way whatsoever, for any defect related to the quality and compliance of equipment made available to the Customer by the Rental Shop concerned. The customer is advised to contact the Rental Shop in the event of any dispute relating to the equipment (maintenance, adjustment, compliance, etc.) and/or the quality of the in-store service.

Article 13: Guarantee "damage, loss or theft"

Certain Rental Stores offer a guarantee covering the risks the damage, loss or theft. This guarantee, for which the conditions and the prices are freely defined by each Rental Store and are communicated in the stores, may be taken out directly with the Rental Store at the moment when the material is rented.

The Website offers insurance for "Breakage, theft and cancellation" / "Emergency, repatriation, holiday interruption" which specifies all the conditions of subscription and cover.

Article 14: Cancellation and Reservation

14-1 : Right to withdrawal

The Customer has a withdrawal period of 14 full days from the moment when the Customer receives the confirmation email and the full acceptance of the Reservation. If the deadline expires on a Saturday, a Sunday or on a Bank Holiday, the withdrawal period will be extended to the next possible working day. However, this right of withdrawal may no longer be exercised if the Customer has collected the reserved equipment from the Rental Shop before the end of the 14 day period.

SKI BREAK must be notified of any withdrawal request via the www.skimium.com , website in the customer account, but following the procedure set out for this purpose. The customer may also use the standard withdrawal form annexed to these terms and conditions.

The Deposit will be refunded within a maximum period of 14 days by crediting the bank card used to make the reservation.

If the Customer chooses an equipment collection date prior to the end of the 14 day period and the equipment is not collected on the set date, the reservation will simply be cancelled and the Deposit paid will not be refunded.

14-2: Cancellation before the collection of the reserved material and after the withdrawal period

For any cancellation demand occurring before the reserved material is collected but after the legal withdrawal period, the entire Deposit is kept by SKI BREAK as administrational costs. The Deposit will nevertheless be reimbursed if the cancellation takes places following an ‘Act of God’ that the Customer can justify. In this instance, the Deposit will be reimbursed within 14 days by a payment credited to the bank card that was used for the transaction.

14-3: Cancellation after the reserved material has been collected

In the event of illness or accident of the Customer using the rented equipment (or any person for whom the equipment was rented) that occurs during the rental period, the Rental remains in effect. However, the Customer may return the rented equipment concerned and the amount payable for the Rental of this equipment will be calculated pro rata based on the number of actual rental days (on presentation of a medical certificate). Any rental day commenced will be payable.

In any case, the amount refunded to the Customer will never be greater than the following formula:

Amount refunded = Total rental price - Price of actual rental days - amount of Deposit paid on Reservation

14-4: Cancellation due to inclement weather conditions

In the event of COMPLETE closure of the skiing area usually accessible from the Rental Store and only in this event, the rented equipment may be returned and the relevant rental days will be deducted.

In any case, the amount refunded to the Customer will never be greater than the following formula:

Amount refunded = Total rental price - Price of actual rental days - amount of Deposit paid on Reservation

Article 15: Personal information

The personal information collected from the Customer is required to process the Reservation. SKI BREAK is committed to protecting this information according to the conditions stipulated in the “security-confidentiality” section of the Website.

Article 16: Access Licence to the website

SKI BREAK grants a license that is limited to the access and use of the website for the personal use of the Customer. Under no circumstances may this access give the right to the Customer to download or modify all or part of the Website without the expressed authorisation of SKI BREAK. 

This license does not give the user any other rights of use, notably commercial, of the website and its contents (products, price, descriptions, information, software, graphics, images, photos ... this list is not at all exhaustive).

The entirety of all the elements on the website, whether they are audible or visible, including the technology used, remains the property of SKI BREAK and is protected by copyrights that govern content, brands and patents.

Article 17: Entire agreement

The general rental conditions are composed of the entirety of clauses that constitutes them. Should SKI BREAK not avail itself at any point of any provision of these conditions, this shall not constitute a waiver of its right to invoke these same clauses at a later date.

In the event that any one of the clauses should be invalid, the other clauses remain valid.

Article 18: Claims - Juridiction - Applicable Laws

These Terms and Conditions of Reservation are subject to French law.

In the event of a dispute relating to the interpretation and/or execution of these Terms and Conditions of Reservation, the Customer is able to apply to his or her choice of any of the following jurisdictions: 

-The jurisdiction of the place of establishment of SKI BREAK

-The jurisdiction of the place of performance of the service

-The jurisdiction of the place where he/she is resident at the time the contract is entered into

In addition, the Customer has the option of recourse to conventional mediation or other alternative dispute resolution method in the event of any dispute.

ANNEX: STANDARD WITHDRAWAL FORM

 

If the user wishes to exercise his right of withdrawal in accordance with the conditions set out in Article 14, he or she can do so using the following form:

--------------------------------------------------------------------------------------------------------------

For the attention of SKI BREAK SAS,


I hereby notify you of my withdrawal from the contract relating to the following reservation(s):

• Name(s) and reference(s) of the item(s) reserved:

-Reserved on:

-Reservation no.:

-Name of the Resort:

-Name of the Rental Shop:

- Name of Customer who placed the order:

- Address of Customer who placed the order:

Signature of the customer if this notification is in paper form:

 Notification address:

-by post: 1160 avenue Joseph Thoret 74190 Passy Mont Blanc – France

-by e-mail: service.client@skimium.com

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Your personal details will be stored on a database allowing you to manage your customer account and for the use of SKIBREAK SAS and the SKIMIUM store with which you made your booking. These details may also be used by DECATHLON SA and its subsidiaries (Skibreak is a member of the DECATHLON Network). To find out more about the DECATHLON Network, please visit corporate.decathlon.com. You may also view our data protection policy by following this link.

Your details may also be used for marketing and statistical studies, quality control of our products and services and, subject to your prior consent, to send you offers matching your sports preferences. In accordance with the data protection act of 6 January 1978 and later modifications, you have the right to access, edit and delete your personal details by emailing contact@skimium.com or by accessing "My account" at www.skimium.com.