General conditions for online rental
Contents
- Article 1: Definition
- Article 2: Purpose of the Agreement
- Article 3: Characteristics of the General Conditions for Rental
- Article 4: Acceptance and modification of the General Conditions for Rental
- Article 5: Account
- Article 6: The parties' obligations
- Article 7: The articles
- Article 8: Order
- Article 9: Price
- Article 10: Price discount
- Article 11: Invoicing
- Article 12: Payment
- Article 13: Forming the agreement
- Article 14: Reserving articles
- Article 15: Collecting articles
- Article 16: Use of articles
- Article 17: Modification in rental dates
- Article 18: Returning articles
- Article 19: "Breakage / Theft" Guarantee
- Article 20: Ownership
- Article 21: Right of retraction
- Article 22: Conditions for cancellation
- Article 23: Legal guarantee against hidden defects
- Article 24: Liability
- Article 25: Force majeure
- Article 26: Claims
- Article 27: Personal data
- Article 28: Filing the agreement
- Article 29: General provisions
- Article 30: Applicable law and Jurisdiction
General Conditions for Rental
These General Conditions for Rental and their APPENDICES govern the conditions for rental and are applicable to any service order placed by an individual on the Website www.snowrental.com.
They are finalised between:
La Compagnie Française des Loueurs de Ski (hereinafter referred to as CFLS), a public limited company with capital of 315,000 euros, registered at the NANTERRE Register of Companies under the number B 401 734 892, with intra-Community VAT number: FR 58401734892, whose head office is located at 424 Bureaux de la Colline - 92210 SAINT CLOUD – FRANCE and whose legal representative is Philippe Koiransky, Managing Director;
La Compagnie Européennee des Loueurs de Ski ** (here in after referred to as CELS), a public limited company with capital of 100,000 euros, registered at the NANTERRE Register of Companies under the number 877 610 923, with intra-Community VAT number: FR 96 877610923, whose head office is located at 424 Bureaux de la Colline - 92210 SAINT CLOUD – FRANCE and whose legal representative is Philippe Koiransky, Managing Director;
La Compagnie Internationale des Loueurs de Ski (hereinafter referred to as CILS) a public limited company with capital of CHF 100,000, registered at the Canton de VAUD Register of Companies under the number CHE-112.548.825, whose head office is located at Chemin de la Prairie 5 A - 1007, Lausanne - SWITZERLAND and whose legal representative is Isabelle Bachmann, Administrator.
Hereinafter referred to as "SNOWRENTAL"
On one hand,
And
The RENTER, a consumer located in the TERRITORY
Hereinafter referred to as "RENTER"
On the other hand,
The RENTER and SNOWRENTAL shall be referred to collectively as the PARTIES.
ANY ORDER PLACED WITH SNOWRENTAL BY THE RENTER IMPLIES ACCEPTANCE WITHOUT RESERVE BY THE RENTER OF THESE GENERAL CONDITIONS FOR RENTAL AND THEIR APPENDICES.
Article 1: Definition
The terms, used below in these general conditions for rental, signify the following:
- VOUCHER: refers to the document which the RENTER uses to collect the ARTICLE(S) ordered from a SNOWRENTAL partner shop and which attests to complete payment of the ORDER;
- ORDER: refers to the operation by which the RENTER chooses the ARTICLES, the rental period, the collection point, the payment method and makes payment;
- ACCOUNT: refers to the interface in which all the information provided by the RENTER is stored. These data include information concerning the RENTER such as their E-mail address, the status of their transactions, the ARTICLES rented on the WEBSITE, their shoe size, weight and height. Please note that an ACCOUNT cannot be transferred to a third party;
- AGREEMENT: refers to the contractual relation by which the parties are bound and which is governed by these General Conditions for Rental and the appendices, the INVOICE and any additional clause subsequently signed by the PARTIES;
- INVOICE: refers to the contractual document transmitted by SNOWRENTAL on which the final price of the ORDER appears;
- RENTER: refers to SNOWRENTAL'S contracting party, a competent individual who has reached the age of majority and who can be qualified as a consumer according to the legal French definition and jurisprudence;
- STANDARD OFFER: refers to the offer by which SNOWRENTAL proposes an ARTICLE to the RENTER from a category of ARTICLES listed on the WEBSITE according to their description or the age of the user, such as:
- STARTER / EVOLUTION / ENERGIE / ADRENALINE for men, women, teenagers;
- MINI KID / ESPOIR / RIDER JUNIOR.
- PACK: refers to the rental of a pair of skis and a pair of ski boots, including poles, or a pair of boots and a snowboard;
- WEBSITE: refers to the Website available at the address www.SNOWRENTAL.co.uk on which the RENTER can view the ARTICLES;
- TERRITORY: refers to all the territories targeted from the browser menu https://www.snowrental.com/en/ski-hire, except for Canada and the United States of America.
Article 2: Purpose of the Agreement
The purpose of these General Conditions for Rental is to specify the respective rights and obligations of the RENTER and SNOWRENTAL in the framework of the RENTAL of the ARTICLES on the WEBSITE.
These General Conditions for Rental, the indications on the VOUCHER, those on the ORDER when it is accepted by SNOWRENTAL, as well as the related INVOICE constitute the only contractual agreements between SNOWRENTAL and the RENTER.
The RENTER is hereby clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals should contact the SNOWRENTAL sales department in order to benefit from different contractual conditions.
Article 3: Characteristics of the General Conditions for Rental
These General Conditions for Rental do not, under any circumstances, confer to the RENTER the capacity of employee, proxy, agent or representative of SNOWRENTAL.
Moreover, the PARTIES hereby declare that these General Conditions for Rental cannot under any circumstances be considered as a declaration of legal status of any legal person or entity, and that any form of intention to cooperate in a partnership and right to supervise its administration is formally excluded from their relations.
Article 4: Acceptance and modification of the General Conditions for Rental
The RENTER carefully reads and agrees to these conditions before paying any ORDER placed on the WEBSITE.
These General Conditions for Rental are referenced at the bottom of each page of the WEBSITE by means of a link and should be consulted before placing an order. The RENTER is asked to carefully read, download and print the General Conditions and to keep a copy.
SNOWRENTAL recommends that the RENTER reads the General Conditions for each new ORDER. The latest version of the said Conditions is applicable to all new ORDERS.
By clicking on the first button to place the ORDER then on the second to confirm the said ORDER, the RENTER acknowledges having read, understood, and agreed to the General Conditions without restriction or condition.
The General Conditions for Rental are applicable for the entire duration of the period that the ARTICLES are on line.
SNOWRENTAL can modify them at any moment. These modifications are effective immediately after they are placed on the WEBSITE.
Only the General Conditions for Rental published the day of the ORDER are applicable to them. They are brought to the knowledge of the RENTER and agreed to by them at the time of the ORDER.
Article 5: Account
Placing an ORDER presupposes the creation of an ACCOUNT for processing the ORDER and therefore the required agreement with the General Conditions of the WEBSITE.
Article 6: The parties' obligations
6-1: The renter's obligations
To enable SNOWRENTAL to accomplish their obligations under the best possible conditions, the RENTER agrees to:
- Pay the price of the ORDER;
- Provide SNOWRENTAL with actual, precise updated information, notably concerning their height, weight and shoe size;
- Compliance with all the applicable laws and rules as well as these General Conditions for Rental;
- Notify SNOWRENTAL of any information of which they might have knowledge and which might have an impact on the execution of the AGREEMENT between the Parties;
- Provide the VOUCHER when collecting ARTICLES;
6-2: SNOWRENTAL'S obligations
SNOWRENTAL agrees to do everything in their power to rent the ARTICLES under the conditions mentioned in these General Conditions for Rental.
Article 7: The articles
Every effort is made to ensure that the pictures of the ARTICLES that appear on the WEBSITE are exactly those of the original ARTICLES.
Nevertheless, please remember that SNOWRENTAL rents ARTICLES and does not manufacture them. Therefore, SNOWRENTAL is not responsible for differences over which it has no control or for minor differences.
The RENTER can reserve from a category of ARTICLES indicated on the WEBSITE and in this document as the "STANDARD OFFER".
Article 8: Order
8.1: Conditions for placing an order
The RENTER must be at least eighteen (18) years old and have the legal capacity required to place and honour all ORDERS, or must have authorisation to place and honour all ORDERS and be able to provide proof at any moment on simple request by SNOWRENTAL.
The RENTER shall be asked to provide information that enables their identification by completing the form available on the WEBSITE. The (*) sign indicates the required fields which must be filled out for the RENTER'S order to be processed by SNOWRENTAL. The RENTER can verify the status of their order on the WEBSITE. The information that the RENTER transmits to SNOWRENTAL at the time of an order must be complete, precise and updated. SNOWRENTAL reserves the right to ask the RENTER to confirm, by any appropriate means, their identity, eligibility and the transmitted information.
It is possible that the equipment booked will not be available on the day before your first day. The rental company undertakes to make it available as from the following morning, i.e., the first day of the rental.
8.1: The ordering process
ORDERS are placed directly on the WEBSITE. To place and ORDER, the RENTER must follow the steps below (however, please note that according to the RENTER'S startup page the steps might be slightly different).
To place an ORDER, the RENTER must follow the instructions below:
- Select the desired duration of rental;
- Choose the resort and then the shop where the ARTICLE(S) will be collected;
- Choose the desired ARTICLE(S) with or without ski boots according to the level of experience and the intended use;
- Choose whether you wish to have the "Breakage/Theft" guarantee;
- Indicate your size, weight and shoe size, if necessary, so that the equipment can be prepared ahead of time;
- Read and Agree to these General Conditions for Rental before validating the ORDER.
After validating the ORDER, if this has not yet been done, the RENTER must create an account by filling out a form or entering his login information.
The RENTER agrees to carefully read the ORDER summary, which he can modify at any moment before clicking on the "PAY" button.
The RENTER then chooses their payment method and proceeds with payment. The RENTER may be sent to a secured payment platform that enables online payment.
Upon confirmation by the RENTER, the ORDER shall be sent to SNOWRENTAL for processing. SNOWRENTAL shall send an acknowledgement of receipt by e-mail to the RENTER, on receipt of the ORDER.
The RENTER shall receive an e-mail informing them whether or not the reservation and availability of the selected ARTICLE(S) were confirmed. If the availability of the ARTICLES is confirmed, if applicable, SNOWRENTAL shall send the RENTER an e-mail confirming the ORDER with:
- A VOUCHER on which the following are indicated:
- the date and time of collection of the ARTICLE;
- the date and time of return of the ARTICLE;
- the list of ARTICLES rented and their characteristics;
- the options chosen;
- the shop where the ARTICLE is to be collected;
- these General Conditions for Rental on a durable legible medium.
The RENTER shall print the VOUCHER which must be given in at the shop where the ARTICLE(S) is (are) to be collected.
Regardless of the method of ORDER, ORDERS cannot be conditional: they are final.
It is hereby specified that no ORDER can be taken into account if it is not immediately followed by the corresponding secured payment by bank card or by any other means of payment proposed on the WEBSITE.
SNOWRENTAL accepts no liability concerning the choice of ARTICLES, the number of ARTICLES and the duration of rental chosen by the RENTER if they do not correspond with the RENTER'S expectations or needs.
Article 9: Price
The prices indicated on the WEBSITE may change, notably in case of special offers and sales.
The applicable price for the RENTER is the one shown on the WEBSITE at the time of the finalisation of the AGREEMENT, taking into account the category of equipment reserved as well as the number of days of rental, and if applicable, including the cost of the "Breakage/Theft" guarantee (option), unless there is an obvious error in the posting of the price of the ARTICLE (Ridiculous price).
Prices are indicated in Euros or Swiss Francs (CHF) including tax and including the French VAT at the applicable rate on the day of finalisation of the AGREEMENT.
Prices given in currencies other than Euros and Swiss Francs are provided for information only, and as far as possible, take into account the rate of exchange. This indication does not constitute a commitment at any moment.
The ORDER is payable in Euros or Swiss Francs according to the country.
The total amount of the ORDER appears at the second stage of the process of placing the ORDER.
In accordance with the provisions of Article L. 121-1-1 of the French Consumer Code, when the prices indicated on the WEBSITE are the subject of special offers, the discount advertised is calculated based on the REFERENCE PRICE, which is also indicated.
The REFERENCE PRICE corresponds to the lowest price practised on the WEBSITE for the rental in question, applicable to all consumers, in the 30 days prior to advertisement of the discount. Said lowest price may be a discounted price. The advertised percentage discount applies to this REFERENCE PRICE, as defined above.
In the event of successive discounts for a given rental, the REFERENCE PRICE corresponds to the lowest price applicable to all consumers in the 30 days prior to the initial discount.
9.1: Administrative fees
For each ARTICLE ordered, SNOWRENTAL applies €1.50 /CHF1.65 in administrative fees.
Article 10: Price discount
10.1: Family/Group Rate
This offer is limited to RENTERS who ski in France and is only available for shops participating in this promotional offer.
This offer applies automatically to ORDERS with a minimum of five (5) PACKS.
The five percent (5%) discount is applied when the ORDER is placed on the WEBSITE, at stage 2.
This offer cannot be cumulated with other current promotional offers.
Article 11: Invoicing
The RENTER will be invoiced at the rate applicable on the day the AGREEMENT is finalised.
The invoice shall include the details of:
- the price of each ARTICLE ordered;
- the amount of the Breakage/Theft guarantee;
- the amount of the administrative fees;
- the amount of taxes.
The acknowledgement of receipt of the ORDER THAT SNOWRENTAL sends to the RENTER by e-mail does not constitute an INVOICE.
The RENTER will be able to download the invoice for the order using his/her Snowrental.com account. Please note that the invoice may not be amended in any event; it includes the initial data indicated by the RENTER upon the creation of his/her SNOWRENTAL account.
Article 12: Payment
12.1: Payment date
The RENTER proceeds with payment at the end of the ORDER.
12.2: Payment methods
RENTERS are reminded that CFLS and CELS rents exclusively to RENTERS who reside and ski in France and CILS to other RENTERS who do not fill this double requirement.
Therefore, payment is made to:
- CFLS or CELS for RENTERS who reside and ski in France;
- CILS for RENTERS who reside outside of France and ski in France;
- CILS for RENTERS who reside and ski outside of France;
- CILS for RENTERS who reside in France and ski outside of France.
12.2.1: Payment methods for CFLS or CELS
The RENTER can pay CFLS or CELS by the following methods:
- bank card,
- through PayPal and as indicated in the sections below,
- through American Express and as indicated in the sections below.
Secured payment by bank card:
CFLS and CELS concluded a service agreement with Dalenys concerning e-commerce called "Payplug".This agreement is aimed at ensuring all of the functions required for managing a payment service and for the secured acquisition of payment on the Internet.
Dalenys manages the security of exchanges and ensures the protection of secrets (decryption keys) and their management.
Only bank cards issued in France or within the international networks approved by GIE Cartes Bancaires are accepted.
Financial costs (bank charges related to the exchange rate, banking commission for payments made outside the territory where the card was issued, other banking commissions, etc.) that might be related to payments by bank card shall remain the RENTER'S responsibility. These expenses correspond to costs deducted exclusively by the RENTER'S banking institution, if any, as a result of using the bank card. It is reminded by SNOWRENTAL that these bank costs are not intended for it and cannot therefore be refunded.
Acceptance by the central bank card network makes the ORDER that was validated by the RENTER on the Website effective. In the event of refusal by the central bank card network, CFLS reserves the right to cancel the reservation.
When making a payment, RENTERS are automatically connected to the Dalenys payment processing centre's server. Bank data protected by encryption do not transit through CFLS systems and are therefore not stored by them.
Secured payment through PayPal:
CFLS and CELS concluded a service agreement with PayPal.
This agreement is aimed at ensuring all of the functions required for managing a payment service and for the secured acquisition of payment on the Internet.
PayPal manages the security of exchanges and ensures the protection of secrets (decryption keys) and their management.
Financial costs (bank charges related to the exchange rate, banking commissions, etc....) that might be tied to payments through PayPal shall remain the RENTER'S responsibility.
Secured payment by American Express:
CFLS and CELS concluded a service agreement with American Express.This agreement is aimed at ensuring all of the functions required for managing a payment service and for the secured acquisition of payment on the Internet.
American Express manages the security of exchanges and ensures the protection of secrets (decryption keys) and their management.
12.2.2: Payment methods for CILS
The RENTER can pay CILS by the following methods:
- bank card or bank transfer,
- through PayPal or Payplug and as indicated in the sections below.
Secured payment by bank card or bank transfer:
CILS concluded a service agreement called "Payplug" with Dalenys, concerning e-commerce.
This agreement is aimed at ensuring all of the functions required for managing a payment service and for the secured acquisition of payment on the Internet.
Dalenys manages the security of exchanges and ensures the protection of secrets (decryption keys) and their management.
Only bank cards issued within the international networks approved by GIE Cartes Bancaires are accepted.
Financial costs (bank charges related to the exchange rate, banking commissions for payments made outside the territory where the card was issued, other banking commissions, etc.) that might be related to payments by bank card shall remain the RENTER'S responsibility. These expenses correspond to costs deducted exclusively by the RENTER'S banking institution, if any, as a result of using the bank card. It is reminded by SNOWRENTAL that these bank costs are not intended for it and cannot therefore be refunded.
Acceptance by the central bank card network makes the ORDER that was validated by the RENTER on the Website effective. In the event of a refusal from the central bank card network, our company reserves the right to cancel the reservation.
When making a payment, the RENTER is automatically connected to the payment processing centre's server. Bank data, protected by encryption do not transit through CILS systems and are therefore not stored by them.
Secured payment through PayPal or Payplug:
CILS has concluded service agreements with PayPal and Payplug.
This agreement is aimed at ensuring all of the functions required for managing a payment service and for the secured acquisition of payment on the Internet.
PayPal and Payplug manages the security of exchanges and ensure the protection of secrets (decryption keys) and their management.
Financial costs (bank charges related to the exchange rate, banking commission, etc....) that might be tied to payments through PayPal or Payplug shall remain the RENTER'S responsibility.
Article 13: Forming the agreement
The AGREEMENT is formed when the RENTER has validated their ORDER under the resolutive condition of confirmation by SNOWRENTAL of the availability of ARTICLES ordered and receipt by SNOWRENTAL of complete payment of the cost of the ORDER from the RENTER.
SNOWRENTAL reserves the right to refuse any ORDER for any request concerning ARTICLES for dates when they are unavailable or for an abnormally high number of ARTICLES considering SNOWRENTAL'S stocks.
Article 14: Reserving articles
In fact, SNOWRENTAL cannot be held responsible for any delays in handing over the ARTICLE(S), delays due to reasons beyond SNOWRENTAL'S control. This is so in case of a delay in the return of ARTICLES by the previous RENTERS, changes in the regulations, accidents resulting in ARTICLE damage, force majeure as defined in article 25 of these General Conditions for Rental, strikes, etc.
In case of stock outage, SNOWRENTAL agrees to provide the RENTER with:
- In the first place, ARTICLES of a higher quality and price;
- In the second place, ARTICLES of an equivalent quality and price;
In the latter case, the PARTIES expressly acknowledge SNOWRENTAL'S capacity to assess the similarity of the price and qualities of the unavailable ARTICLES and the substitution ARTICLES.
Article 15: Collecting articles
15.1: Terms and conditions for collecting articles
15.1.1: Concerning the presentation of certain documents
As a guarantee of the execution of the AGREEMENT, SNOWRENTAL reserves the right to make rental subject to the presentation of certain documents such as an identification card and/or driver's license and/or proof of domicile of less than three (3) months.
Similarly, SNOWRENTAL demands that an identification card is presented for individuals aged under 18 when the ARTICLE(S) is (are) collected from the shop.
The RENTER expressly agrees that SNOWRENTAL can keep a copy of the documents presented.
15.1.2: Refusal by SNOWRENTAL to hand over articles
SNOWRENTAL reserves the right to refuse to hand over ARTICLES ordered to the RENTER:
- for which payment of the ORDER has not been made in conformance with article 12 of these General Conditions for Rental;
- who has not provided all the documents of proof, or has provided incomplete documents, or ones that are non-conforming or that do not make it possible to identify the customer clearly;
The PARTIES expressly agree that SNOWRENTAL cannot be liable in this respect.
15.2: Collection methods
15.2.1: Collection date
The RENTER can collect the ARTICLE(s) ordered under the conditions indicated in the VOUCHER; i.e.:
- The date on which rental starts or,
- The day before, as of 5 pm if the ARTICLE(S) is (are) available in the shop where it (they) is (are) to be collected:
In case the RENTER is late, the shop selected at the time of the ORDER must be notified. In fact, if the ARTICLE(S) is (are) kept by SNOWRENTAL for twenty-four hours (24h) as of the date indicated on the VOUCHER and which corresponds with the start of rental, beyond this deadline the ARTICLE(S) shall be made available for rental again without any compensation being due to the RENTER.
15.2.2: Place of collection
Collection of ARTICLE(S) is the RENTER'S responsibility. Consequently, the RENTER must collect the ARTICLE(S) ordered at the shop they selected when placing the ORDER and as it appears on the VOUCHER.
Article 16: Use of articles
The RENTER agrees to use the rented ARTICLE(S) with care and to take all necessary precautions to avoid damage.
The RENTER assumes legal and material custody and control of the ARTICLE(S) rented. In other words, from collection to return of the ARTICLE(S) to the shop, the RENTER is entirely responsible for the ARTICLE(S) ordered.
The RENTER declares having all the competences required for use of the ARTICLE(S) rented, and being able to judge the adequacy of their choice for their needs.
The RENTER can only use the ARTICLE(S) rented strictly for personal use. They are, under no circumstances authorised to sub-rent or even lend the ARTICLE(S) free of cost.
Article 17: Modification in rental dates
Any request for change in the collection and/or return dates of the ARTICLES can be made by the RENTER using his ACCOUNT up until 24 hours before the initially scheduled date.
SNOWRENTAL reserves the right to refuse the change requested by the RENTER, without having to provide any justification.
In addition, the RENTER is hereby informed that the price of the ORDER can vary according to the rental dates for the ARTICLE(S). In the event that, following a change in the rental date the price is higher, the RENTER agrees to pay the difference as soon as possible. On the contrary, in the event that the price is lower, SNOWRENTAL agrees to refund the difference.
Article 18: Returning ARTICLES
18.1: Return methods
18.1.1: Return dates
The return of ARTICLE(S) must be:
- On the date indicated on the VOUCHER before the shop closes;
- At the latest, before 10 am (local time) the following day at the end of rental as indicated on the VOUCHER.
18.1.2: Place of return
The RENTER must return the ARTICLE(S) to the shop indicated on the VOUCHER.
18.2: Exceeding the agreement deadline
The RENTER must comply with the duration of rental and the date of return they chose when the ORDER was placed.
Failing the return of the ARTICLE(S) within the deadlines mentioned in article 18.1.1, any day in addition to the date indicated on the VOUCHER shall be invoiced to the RENTER according to the rates posted in the shop.
18.3: Condition of the returned article
The ARTICLE should be returned in good functioning condition, i.e. without any change beside that of normal wear resulting from normal use of the ARTICLE(S) as is intended.
The RENTER shall abstain from replacing the ARTICLE(S) rented by any other equipment whatsoever. The RENTER is hereby informed that the ARTICLE(S) is (are) numbered or marked and that it (they) must be returned with the same numbers and the same mark.
The PARTIES agree that the VERIFICATION shall be carried out in the presence of the RENTER and an employee and/or competent SNOWRENTAL representative.
18.3.1: In the event that the ARTICLE(S) is (are) not returned or is (are) damaged
If the ARTICLE(S) or a part of the ARTICLE(S) is (are) not returned or is (are) damaged, preventing their use, the RENTER shall be liable for the amount corresponding to the value of new articles. This amount should be entirely paid to the company managing the shop where the ARTICLES were collected.
Article 19: "Breakage / Theft" Guarantee
19.1: Guarantee period
At the time of the ORDER the RENTER has the opportunity to subscribe to the guarantee proposed by SNOWRENTAL.
This guarantee covers:
- any damage that might occur to the ARTICLE(S) ordered and reserved, whether:
- partial, i.e. which requires professional action to make the ARTICLE fit for use;
- total, i.e. the ARTICLE has become unfit for use and cannot be repaired for less than the price of a new ARTICLE.
- any theft of a part or all of one of the ARTICLE(S);
With regards to cases of theft, the original declaration established by the police station or gendarmerie must be transmitted to SNOWRENTAL within forty-eight hours (48 h) following the declaration.
19.2: Declaration of an accident
The RENTER must notify the SNOWRENTAL shop within twenty-four hours of finding out. The RENTER agrees to establish a statement of breakage or theft with the SNOWRENTAL shop.
19.3: Guarantee Limits
The following are excluded from the SNOWRENTAL guarantee:
- Cases of loss, forgetting, substitution of the ARTICLES;
- Cases of damages resulting from non-confirming use of the ARTICLE(S) rented;
- Cases of damages resulting from voluntary acts by the RENTER or persons for whom they are responsible.
In these cases, the RENTER shall be required to reimburse the total value of the ARTICLES. This amount should be entirely paid to the company managing the shop where the ARTICLE(S) was (were) collected.
19.3.1: Costs
Category of equipment rented | Cost of Breakage/Theft Guarantee per day |
---|---|
RANDO | 4 € / 4,40 CHF |
ADRENALINE | 3,50 € / 3,85 CHF |
ENERGIE | 2,50 € / 2,75 CHF |
EVOLUTION, RIDER JR, ADO | 2,20 € / 2,42 CHF |
STARTER, NORDIC, SKATE | 2 € / 2,20 CHF |
ESPOIR | 1,20 € / 1,32 CHF |
MINI-KID | 1 € / 1.10 CHF |
Ski shoes / snowboard boots only | 1 € / 1.10 CHF |
Article 20: Ownership
The SNOWRENTAL partner shop is the sole owner of the ARTICLES which, under no circumstances, can be donated, lent, transmitted, rented, sub-rented, made available free of cost or with payment or transferred to any third party whatsoever.
The RENTER agrees to respect the SNOWRENTAL partner shop's ownership rights for the duration of the AGREEMENT.
Article 21: Legal right of retraction
In principle, the RENTER has fourteen (14) days to exercise their right of retraction from an agreement finalised remotely without having to justify the decision or bear costs other than those provided in Articles L. 121-21-3 to L. 121-21-5 in the Consumer Code starting from the day:
- Of finalisation of the agreement, for service agreements and those mentioned in Article L. 121-16-2;
- On receipt of the goods by the customer or a third party other than the carrier, designated by them, for agreements for sales of goods and agreements for services including the delivery of goods.
Article 22: Conditions for cancellation
22.1: Cancellation within the deadline of 14 days after the order
The RENTER can, if they so desire, cancel their ORDER within fourteen (14) days as of receipt of the e-mail confirming the ORDER. This right to cancel cannot be exercised if rental has started before expiry of the deadline of fourteen days.
Reimbursement of the ORDER shall be by the same method of payment as the one used by the RENTER when the ORDER was placed.
22.2: Cancellation after the deadline of 14 days after the order
Cancellation of the ORDER is possible but must be done before the date when the ARTICLE(S) is (are) to be collected.
Cancellations are without charge up to 24 hours (i.e., 1 clear day) before the first day of rental and will entail the refund of the whole ORDER, the Breakage / Theft insurance if taken out, and the administrative fees. Total or partial cancellation will not be possible as from 0:00 of the first day of the rental.
Example (1): My first day of skiing is Sunday. If I cancel by Friday at 23.59, I will be refunded for the total order.
Example (2): My first day of skiing is Sunday. If I cancel on Saturday in the daytime, I will not be refunded.
After this period, the cancellation of the ORDER will not be refunded.
Reimbursement of the ORDER shall be made by the same method of payment as the one used by the RENTER when the ORDER was placed.22.3: Amendment and refund
Any early return or any failure to collect an ARTICLE related to the order, not justified by the precise situations set forth below, will not give rise to any refund.
e.g.: If, on the day of the rental, I no longer want the helmet that I rented online, I will not be refunded.
In the event that an illness or accident occurs during the rental period, only the ARTICLE(S) of the person using them shall be refunded in proportion to the number of days of use on the date of actual return of the equipment. The refund is subject to the return of the RENTER’s ARTICLE(S) to the store.
The refund starts on the day after the date of actual return of the ARTICLE(S).
Any RENTERS present on the booking will not be refunded, even in the event of a refund to an under-18-year-old.
This refund is subject to the RENTER sending a medical certificate (prescriptions and sick leave certificates are not accepted) and a statement from the shop selected by the RENTER at the time of the ORDER to:
La Compagnie Française des Loueurs de Skis: 424, Bureaux de la Colline – 92210 SAINT-CLOUD – FRANCE
for RENTERS residing in France and skiing in France.
La Compagnie Européenne des Loueurs de Skis: 424, Bureaux de la Colline – 92210 SAINT-CLOUD – FRANCE
for RENTERS residing in France and skiing in France.
La Compagnie Internationale des Loueurs de Skis: Chemin de la Prairie 5 A – 1007 LAUSANNE – SWITZERLAND
For RENTERS residing outside of France and skiing in France, RENTERS residing outside of France and skiing outside of France, and RENTERS residing in France but skiing outside of France.
Any rental day commenced will not be refunded.
If the RENTER terminates the agreement before expiration, and subsequent to the collection of the ARTICLE(S), the total amount of the rental still rightfully belongs to SNOWRENTAL.
Weather conditions:
In the event that the ski area where the shop is located, chosen at the time of the ORDER, is entirely closed due to bad weather, the RENTER can request the refund of their ORDER proportionately to the number of days during which the ski area is closed.
This refund is on condition that the RENTER sends a document of proof from the company that manages the ski lifts in the ski area.
La Compagnie Française des Loueurs de Skis: 424, Bureaux de la Colline – 92210 SAINT-CLOUD – FRANCE
for RENTERS residing in France and skiing in France.
La Compagnie Européenne des Loueurs de Skis: 424, Bureaux de la Colline – 92210 SAINT-CLOUD – FRANCE
for RENTERS residing in France and skiing in France.
La Compagnie Internationale des Loueurs de Skis: Chemin de la Prairie 5 A – 1007 LAUSANNE – SWITZERLAND
For RENTERS residing outside of France and skiing in France, RENTERS residing outside of France and skiing outside of France, and RENTERS residing in France but skiing outside of France.
Any rental day commenced will not be refunded.
If the RENTER terminates the agreement before expiration, and subsequent to the collection of the ARTICLE(S), the total amount of the rental still rightfully belongs to SNOWRENTAL.
Other situations:
- Strikes: SKISET may not be held liable, in any event, for the consequences of strikes affecting a company (transport, ski lifts, etc) or access routes to the ski resorts and will not make any refund based on these grounds.
- Professional reasons: no refund will be made for professional reasons preventing the RENTER from collecting all or part of his/her ORDER.
- Transport: in the event of a problem experienced by the RENTER (accidents, change of timetable, closed roads, etc.), no refund of the order will be provided.
- Clear mistake: in the event of a mistake upon the booking (date, resort, store) and in the event that the amendment and/or free cancellation is no longer possible, no refund will be made.
- 7th day free of charge and decreasing prices over time: as the 7th day of rental is provided free of charge when placing the ORDER on SKISET, it will not be taken into account for any refund. Moreover, as some stores apply decreasing prices depending on the rental period, this same decreasing price will be automatically applied when calculating the refund.
- Purchase of equipment in stores: when purchasing equipment in a store, SKISET may not provide a refund for the same equipment rented.
Article 23: Legal guarantee against hidden defects
If, despite the care that SNOWRENTAL takes of their ARTICLES, the ARTICLE(S) delivered has (have) a hidden defect, the RENTER has additional legal rights according to Articles 1721 and sequens of the Civil Code.
Article 1721 of the Civil Code:
The lessee is due a guarantee for any defects or faults in the ARTICLE rented that prevent its use, and even if the lessor has no knowledge at the time of the lease.
If these defects or faults result in a loss for the lessee, the lessor is responsible for compensating the lessee".
In conformance with Article 1721 of the Civil Code, SNOWRENTAL is responsible for hidden defects in the ARTICLE(S) rented which make it (them) unfit for the intended use.
It is hereby specified that the ARTICLE(S) rented is (are) insured under conditions of normal use.
Guarantees are not applicable in case of normal wear of the ARTICLE(S) rented, incorrect use or poor maintenance.
In the event of a hidden defect, the RENTER benefits from an identical replacement of the defective ARTICLE, within the limit of available stocks.
If a replacement or repair is impossible, SNOWRENTAL agrees to refund the rental price of the ARTICLE within 30 days on receipt of the ARTICLE returned by the RENTER to the address of the shop they selected at the time of the ORDER.
Article 24: Liability
SNOWRENTAL cannot be held responsible, under any circumstances, in the following cases:
- non-execution or poor execution of the contractual services that might be attributable to the RENTER;
- use that is non-conforming with the intended use of the ARTICLE(S) rented.
SNOWRENTAL shall not be liable for any indirect damage that might occur as a result of these conditions, loss of operation, loss of profit, damages or costs.
The RENTER is solely responsible for the choice and renting of ARTICLE(S).
In case it is totally or partially impossible to use one or more ARTICLES rented, notably because of incompatibility of equipment or lack of experience, there can be no compensation, refund or questioning of SNOWRENTAL'S responsibility, except in case of an established hidden defect.
Finally, SNOWRENTAL cannot be held responsible or be considered to have failed to meet their obligations due to any delay or non-execution when the cause of the delay or non-execution is related to a force majeure as is defined by case law of the French Courts and Tribunals.
Article 25: Force majeure
SNOWRENTAL reserves the right to suspend, delay, modify or cancel the execution of the ORDER in case of events or circumstances of force majeure or an act of God or circumstances contractually similar to cases of force majeure or an act of God even if they might not fit the legal definition such as: fire, independent work stoppage against the will of the company or any of their suppliers or subcontractors, flooding, epidemic, war, requisitioning, strike, storm, tornado, earthquake, revolution, theft of some or all of the equipment, interruption or delay in transports, transport damage, lack of raw materials, tooling accident, lack of fuel or any other source of energy, as well as in case of any external circumstances or event, against the will of SNOWRENTAL, that might occur subsequent to the finalisation of the agreement, preventing execution under normal conditions.
It is hereby specified that, under such conditions, the RENTER cannot claim any indemnity and cannot bring any actions for recourse against SNOWRENTAL.
In case any of the above-mentioned events occurs, SNOWRENTAL shall do their utmost to inform the RENTER as soon as possible.
Article 26: Claims
SNOWRENTAL makes the following "Customer Service" number available to the RENTER: +33 1 41 12 97 97 (no additional charges).
As for any written claim by the RENTER, it should be transmitted to the following address:
La Compagnie Française des Loueurs de Skis: 424, Bureaux de la Colline – 92210 SAINT-CLOUD – FRANCE
for RENTERS residing in France and skiing in France.
La Compagnie Européenne des Loueurs de Skis: 424, Bureaux de la Colline – 92210 SAINT-CLOUD – FRANCE
for RENTERS residing in France and skiing in France.
La Compagnie Internationale des Loueurs de Skis: Chemin de la Prairie 5 A – 1007 LAUSANNE – SWITZERLAND
For RENTERS residing outside of France and skiing in France, RENTERS residing outside of France and skiing outside of France, and RENTERS residing in France but skiing outside of France.
In accordance with the provisions of the Consumer Code, the customer has the right to use the mediation service CM2C:
- Website: https://cm2c.net/declarer-un-litige.php;
- E-Mail: cm2c@cm2c.net
- Postal service: CM2C – Centre de médiation et règlement amiable des huissiers de justice – 14 rue Saint Jean 75017 Paris, France
Article 27: Personal data
In conformance with the French Data Protection Act of 6 January 1978 as modified by the Law of 6 August 2004, the RENTER'S personal data are collected by SNOWRENTAL for the needs of good management of ORDERS and INVOICES.
By placing an ORDER the RENTER authorises SNOWRENTAL to use the personal data they provide us with for the management of ORDERS and INVOICES.
To this end, the RENTER is hereby informed that these data might, for the needs of this management, be transmitted to companies responsible for invoicing and other SNOWRENTAL partners, if necessary.
SNOWRENTAL agrees not to disclose their customer file to third parties.
The RENTER'S data are kept confidentially by SNOWRENTAL in conformance with CNIL declaration number 1497449 v 0, for the needs of the AGREEMENT, its execution and in compliance with the above-mentioned Law.
With regards to this, the RENTER has the right to access, modify, rectify and delete personal information collected by SNOWRENTAL concerning them, at any moment.
To exercise this right, the RENTER can either send an e-mail to privacy,snowrental,com, or send a letter to the following address:
CLS - SKI COMPANY
Service Données Personnelles
424, Bureaux de la Colline
92210 SAINT-CLOUD – FRANCE
It is hereby specified that the RENTER must be able to provide proof of their identity, either by scanning an identification card or by sending a photocopy of their identification card to SNOWRENTAL.
Article 28: Filing the agreement
Any AGREEMENT finalised with the RENTER that corresponds with an ORDER of a total of more than 120 Euros including tax is filed by SNOWRENTAL for a period of ten (10) years in conformance with Article L. 134-2 of the Consumer Code.
To access our AGREEMENT, the RENTER can make a request either by e-mail to the following address: client,snowrental,com, or by letter to the following address:
La Compagnie Française des Loueurs de Skis: 424, Bureaux de la Colline – 92210 SAINT-CLOUD – FRANCE
for RENTERS residing in France and skiing in France.
La Compagnie Européenne des Loueurs de Skis: 424, Bureaux de la Colline – 92210 SAINT-CLOUD – FRANCE
for RENTERS residing in France and skiing in France.
La Compagnie Internationale des Loueurs de Skis: Chemin de la Prairie 5 A – 1007 LAUSANNE – SWITZERLAND
For RENTERS residing outside of France and skiing in France, RENTERS residing outside of France and skiing outside of France, and RENTERS residing in France but skiing outside of France.
Article 29: General provisions
The fact that one of the PARTIES has not demanded the application of any clause whatsoever of the AGREEMENT, whether permanently or temporarily, cannot be in any way considered as waiving the said clause.
The AGREEMENT does not confer any exclusivity to the RENTER concerning the supply of services or the guarantee of quality.
If any of the stipulations of the AGREEMENT becomes null in relation to an applicable legal or regulatory provision and/or a legal decision with the authority of res judicata, it shall be considered to be not written but shall in no way affect the validity of the other clauses which shall remain fully applicable.
In this case, the PARTIES shall meet to decide on a new provision to replace the one declared null and void, considering that the new provision should, as much as possible, comply with the spirit and economic impact of the replaced provision on the PARTIES.
Article 30: Applicable law and Jurisdiction
The agreement and any order placed on the website and processed by CFLS or CELS under the conditions set by article 8 of the general conditions are subject exclusively to french law. in case of a lawsuit, only the french courts shall have competence.
The agreement and any order placed on the website and processed by CILS under the conditions set by article 8 of the general conditions are subject exclusively to swiss law. in case of a lawsuit, only the swiss courts shall have competence.