LEGAL INFORMATION
GENERAL SALES CONDITIONS FOR RACING EXPERIENCE SERVICES
1. Definitions
The terms defined below will have the following meanings in these General Sales Conditions:
Beneficiary: refers to the person benefiting from the Service and who may be a person other
than the Customer, subject to having informed ROSSIGNOL of the same upon registration.
Ticket/Pass: refers to the order confirmation ticket without face value, sent by ROSSIGNOL
by e-mail and received by the Customer who should print it out in order to present
ROSSIGNOL with it on the day of using the Service.
Customer: refers to any individual or legal entity purchasing services via the
rossignol.com/racingexperience website.
When the customer buys a provision of a service for a beneficiary, the customer remains
contractually bound to Rossignol.
ID Papers: refers to documents allowing the identification of the Beneficiary. It may be,
considering the Beneficiary’s nationality: Passport, National Identity Card, Driving license or
any Social Insurance Card. This document must be presented by the Beneficiary on the day
of using the Service.
Party or Parties: refers to the Customer and/or ROSSIGNOL
Services: refers to the services provided by ROSSIGNOL to the Beneficiary from a choice of
offers available on the Website. They include:
- a ½-day skiing supervised by two expert skiers,
- the reservation and signalling of the slope for the use of the Service(s) assigned to
this half-day,
- the rental of a pair of “racing” skis duly prepared and sharped,
- the technical advice on the ground from the expert skiers,
- the one-day pass to access the ski slope,
- and the personalised video film and souvenir shots of this half-day (depending on
weather conditions).
ROSSIGNOL: refers to the company SKIS ROSSIGNOL SAS with share capital of
50 000 000 Euros whose registered office is located in 98 rue Louis Barran – 38430 Saint-
Jean de Moirans-France, registered at the Trade and Companies Registry in Grenoble under
the number 056 502 958.
Website: refers to the website http://www.rossignol.com/racingexperience
2. Purpose – scope of application
These General Sales Conditions aim at defining the terms and conditions according to which
ROSSIGNOL offers the Services to Customers on the Website.
Any order of Services by the Customer implies the latter’s unreserved acceptance and full
recognition of these General Sales Conditions which prevail over any other documents, with
the exception of any special conditions particularly granted in writing by ROSSIGNOL.
The Customer acknowledges having read these General Sales Conditions prior to the latter’s
order.
These General Sales Conditions apply as from 12th January 2010.
ROSSIGNOL reserves the right to amend these General Sales Conditions at any time, without
notice, being specified that such amendments will not apply to bookings and orders
previously accepted and confirmed by ROSSIGNOL.
All Customers declare that they have the legal capacity according to the current legal
requirements, to enter into agreements and use the Website according to these General
Sales Conditions of sale and use of the Website.
3. Order, confirmation and signature of the sales agreement
The registration procedure of the orders on the Website contains the following stages:
- Selection on the Website of one (or several) Service(s),
- Registration of the Customer’s personal details in order to create/file the “Customer
Account” and be identified as a Customer on the Website
- Registration of the Beneficiary’s personal details if the latter is not the same person as the
Customer
- Acceptance and respect of the specific contractual conditions set out on the Website, i.e.:
- Experienced skier level : speed control and “carving” turns (Rossignol draws
the attention of the customers on the natures of the services which are
proposed, which are in no way lessons to learn the practice of the ski.
Rossignol informs the customers about the minimum level required to be able
to benefit completely from proposed services)
- age requirements: at least 18 years old (19 years old for Canada)
- Presentation of the printed Pass and ID Papers on the day of using the
Service
- Presentation of a medical certificate indicating the aptitude to perform
experienced ski practice
- Remember to bring ski outfit, ski poles and ski boots
- Signature of a discharge of responsibility
- Activity subject to weather conditions and to subscription conditions of 2
people minimum
- Registration of the data indicated in the order (e.g. age/size and weight of the
Beneficiary/Beneficiary’s ski boot size/level of skiing) required for performing the Service(s)
- Summary of the order containing the Service(s) selected, and the total price and details
above in order to make any amendments necessary by clicking on back where appropriate,
before the final registration of the order.
- Acceptance of these General Sales Conditions by ticking the “I have read and accepted the
GCS” box and confirmation of the order summary by a “first click” on the “Order
Confirmation” box.
- Final confirmation leading to the registration of the Customer’s order by clicking (“second
click”) on the registration box of the Customer’s bank details for the payment by card being
specified that the contract will be concluded definitively only in the term of the procedure of
payment made by the customer, subject to provisions of the article 6 of the present GSC.
- As from the final confirmation of the Customer’s order (illustrated by the “second click”),
the contractual information shall be set out in a summary sent by e-mail (subject heading
“Order Summary”). By printing out and/or keeping this e-mail, the Customer has a means of
proof of the order.
With the exception of the cancellation right in accordance with Article 6 of these General
Sales Conditions, no cancellation of the order by the Customer will be accepted.
4. Conditions for performing the Services
If the Customer is not the Beneficiary of the Services ordered, the Customer is required to
inform the Beneficiary of the conditions set out below:
The content of the Services ordered is notified to the customer by the e-mail entitled “Order
Summary” and at any time on the Website in the “My account” section.
Services will be performed only if at least two customers have confirmed their subscription
for such Services. If by 8 days before the Services performance date only one subscription is
recorded, ROSSIGNOL will do its best to offer to the customer the same Services on a
different date and/or in a different place. In such circumstances, the Customer can either
accept one of the new dates proposed or ask for the refund of the Services. The refund will
intervene in the fortnight of the Customer’s request.
The presentation of the printed Pass (see article 8.2) and the presentation of the
Beneficiary’s ID Papers on the date and at the time indicated in the Order Summary entitle
the holder to the Service(s).
If the Beneficiary does not present ID Papers, thus making it impossible for ROSSIGNOL to
check the Beneficiary’s identity, the latter may not claim any reimbursement or
compensation of any kind whatsoever, should ROSSIGNOL decide not to provide the Service
(due in particular to respecting the safety rules specific to this activity).
The Beneficiary is informed that the Service does not include the transport to the place of
the Service.
The Service is provided subject to the specific contractual conditions detailed in article 3
above. The Beneficiary is responsible for respecting them. ROSSIGNOL may not, under any
circumstances, be required to provide the Services if these specific conditions are not fully
respected. In such a case, any refusal by ROSSIGNOL to provide the Service may not be
considered as any form of breach of contract whatsoever and shall not incur any liability of
ROSSIGNOL whatsoever.
Notwithstanding the above, should ROSSIGNOL decide for safety reasons within the 5 days
prior to the Service(s) and until the day planned for the Service(s), to cancel the Service(s),
due to unfavourable weather conditions, ROSSIGNOL will do its best to offer the customer
the same Service(s) on a different date and/or in a different place. In these conditions the
customer can either ask for the refund of the service or accept one of the dates proposed by
ROSSIGNOL. The refund of the service will intervene in the fortnight of the request of the
customer.
5. Price and payment conditions of the Services
5.1 Price
The price of the Services is indicated on the Website as an amount in Euros for Services
provided in France, Italy and Austria, in Swiss Francs for Services provided in Switzerland
and in Canadian dollars for Services provided in Canada and corresponds to the prices in
force on the date of the confirmation of the order summary.
5.2 Payment Conditions
The payment of the order shall be made by card (Visa, Eurocard/Mastercard, Amex): by
indicating the card number, its validity date, and the security code located on the back of the
card, directly in the appropriate section. The whole amount of the order will be debited from
the card on the date of the order. ROSSIGNOL reserves the right to suspend the processing
of an order in the case of refusal from the Customer’s bank to authorise the payment. The
Website enables the Customer to provide bank details through a confidential and secure
system, during the order (input made secure by SSL encryption).
ROSSIGNOL may cancel the order in the case of lack of full payment of the price.
6. Cancellation right (resolution right in Canadian law)
Customers have a period of 7 (seven) working days, whereby Saturdays are not deemed to
be working days, in which to use their cancellation right without having to give reasons for
this, or pay any penalties.
The above-mentioned period begins as from the Customer’s receipt of the e-mail confirming
the booking and including the Pass.
This cancellation right must be notified by e-mail sent to the following address:
racingexperience@skisrossignol.fr or by letter sent to the following postal address: SKIS
ROSSIGNOL SAS – RacingExperience Customer Department – 98 rue Louis Barran – 38430
Saint-Jean de Moirans - France. In order to meet the above mentioned deadline timely
despatch of the e-mail or the letter is sufficient.
Any notification made in accordance with the conditions set out in this article will give rise to
the reimbursement of the whole of the amounts paid within a maximum period of fortnight
as from receipt of the e-mail or letter.
Notwithstanding the above it is clarified that the assertion of rights regarding mistake or
fundamental change of circumstances as to the purpose of the contract by the Customer are
not affected by this provision.
7. Proof of order and conservation of data
The Customer is specifically informed that, with the exception of any clear error that must be
proved by the Customer, the data kept in the ROSSIGNOL databases will be of supporting
value in relation to orders placed.
Data on computer or electronic medium kept regularly is considered as admissible and
binding proof in the same terms and with the same supporting value as any document that
would be received and kept in writing.
8. Availability of the Services and delivery of the Pass
8.1 Availability of the Services
The Services offered are limited in both number, due to the limited capacities (limited
number of participants and limited number of places), and in period, due to the Services
being performed during the winter season with a limited number of dates offered.
ROSSIGNOL undertakes to respect all orders for Service(s) placed by the Customer subject
to availability as specified above and subject to having at least 2 participants per Service
offered.
In the case of unavailability of the Service(s) ordered, the Customer shall be informed of the
same as soon as possible and will be entitled to cancel the order.
The Customer will then have the choice of requesting:
- either the reimbursement of the price paid within a maximum period of fifteen days as from
the date on which the Customer informs ROSSIGNOL of their refusal to keep the order.
- or an exchange of Services with equivalent characteristics and of an equivalent price.
If there is no possibility of exchange, ROSSIGNOL shall reimburse the amounts paid.
The unavailability of the Service shall not incur ROSSIGNOL’s liability or entitle the Customer
to compensation of damages.
8.2 Delivery of the Pass
After confirmation of the order as set out in Article 3 of these General Sales Conditions,
ROSSIGNOL shall send a printable Pass corresponding to the Customer’s order by e-mail to
the e-mail address indicated by the Customer when placing the order.
The printable Pass shall include an Order Reference Number, the first name and surname of
the Beneficiary, the place, date and time as set out in the order.
ROSSIGNOL’s liability may not, under any circumstances, be incurred for any reason
whatsoever in the case of a mistake made by the Customer in placing the order. The
Customer will be responsible for contacting ROSSIGNOL in accordance with the conditions
set out in Article 12.
9. Non-compliance of the order
In the case of clear delay in delivering the Pass, acknowledged by the Customer or
ROSSIGNOL directly, ROSSIGNOL undertakes to take any action necessary in order to rectify
this problem by checking, then repairing any disfunction in the IT service of the electronic
messaging system attributable to it. ROSSIGNOL’s liability may not be incurred if this delay is
due to a force majeure situation or to the unavailability of the “internet network”.
All Passes sent by e-mail must be checked in detail by the Customer or/and by the
Beneficiary and any reservations about it must be made by e-mail to ROSSIGNOL in the case
of an error or/and partial or total missing information.
The Customer (and/or the Beneficiary) must indicate by e-mail –
"racingexperience@skisrossignol.fr" - within seven days following receipt of the order/Pass,
any error regarding the Service ordered.
Any claim that is not made in accordance with the terms of this article and within the
specified period may not be considered and shall discharge ROSSIGNOL from any liability in
relation to the Customer.
10. Insurance and liability
ROSSIGNOL declares that it has taken out a professional civil liability insurance policy
covering notoriously sufficient amounts with view to supplying the Services. ROSSIGNOL
possesses all of the authorisations and/or qualifications required in order to perform this
activity properly and in accordance with the legal and regulatory terms applicable.
However, the Beneficiary shall deal personally with taking out any insurance, at the latter’s
own cost, to cover any risks resulting from the Service(s).
Beneficiary acknowledges that he/she is fully aware of the fact that skiing may expose
him/her to certain risks and dangers, which he/she accepts.
Each beneficiary is reminded that the supply of the Services in good safety conditions does
not mean that they may fail to respect the basic rules of caution applicable to all sporting
activities, in particular so-called “dangerous” sports.
11. Customer Services – exclusion of guarantee - claim
ROSSIGNOL is only liable in case of damages resulting from gross negligence or intend.
In the case of failure for the Customer or Beneficiary to use the Service(s) ordered, due to
the latter, neither the Customer nor the Beneficiary may claim any reimbursement.
The Customer acknowledges that ROSSIGNOL may not render the Services ordered in case
of loss, theft or return of the Pass occurring after the cancellation period or any delay in
delivery of the Pass, or inability to perform certain activities, attributable to the Customer or
to the Beneficiary.
In the case where the Service(s) used does not comply with the description set out on the
Website and on the Pass, the Customer (or the Beneficiary) of the Service(s) may receive
compensation by means of a credit-note or a reimbursement. This credit-note or
reimbursement will cover the difference between the value of the Service(s) used and that
described on the Website (or on the Pass). The value of any credit-note or reimbursement
shall be assessed further in a quality control performed by the head of the Rossignolracing
concept at ROSSIGNOL.
In any event, ROSSIGNOL may not be required to provide compensation for the Customer
for any prejudices, of any kind, resulting from the credit-note or reimbursement of the
Services.
For any information request regarding this compensation for non-compliance of the Service,
the Customer or the Beneficiary may visit the Website or contact the RacingExperience
Customer Services department on 04 380 380 38 from Monday to Friday from 8.30 a.m. to
5.00 p.m., excluding public holidays, within 10 days following the performance/use of the
Service.
Any other request for information and details regarding in particular the purchase,
reimbursement, exchange, function of the RacingExperience Services, must be referred to
Rossignol RacingExperience via the Website by going to the "Contact" or by e-mail to :
racingexperience@skisrossignol.fr or by telephone or by letter to :
- For France : (+33) (0)4 380 380 38 (cost of a local call) or +33 (0)6
07436896 from Monday to Friday from 8.30 a.m. to 5.00 p.m. excluding public
holidays, or by letter sent to the following postal address : SKIS ROSSIGNOL
SAS – service client racingExperience, 98 rue Louis Barran – 38430 Saint-Jean
de Moirans-France.
- For Italy : (+39) 3482483454 (cost of a local call) from Monday to Friday from
8.30 a.m. to 5.00 p.m. excluding public holidays, or by letter sent to the
following postal address : ROSSIGNOL Sci Srl – RacingExperience Customer
Department - Strada Statale 230, n.34 – 13030 Formigliana (VC) - Italia
- For Austria : (+43) (0) 512 36 45 85 (cost of a local call) from Monday to
Friday from 8.30 a.m. to 5.00 p.m. excluding public holidays, or by letter sent
to the following postal address : ROSSIGNOL OSTERREICH GmbH -
RacingExperience Customer Department – Valiergasse 62/1 – 6020 Innsbruck
- Österreich
- For Switzerland : (+41) 41 618 01 80 (cost of a local call) from Monday to
Friday from 8.30 a.m. to 5.00 p.m. excluding public holidays, or by letter sent
to the following postal address : ROSSIGNOL GmbH – RacingExperience
Customer Department – Rotherstrasse 19 – Postfach 561 – 6331 Hünenberg –
Schweiz
- For Canada : (+1) 5142127318 (cost of a local call) from Monday to Friday
from 8.30 a.m. to 5.00 p.m. excluding public holidays, or by letter sent to the
following postal address : Groupe Rossignol Canada Inc., RacingExperience
Customer Department – Industrial Park – 955 rue André Liné – Granby – J2J
1J6 – Province du Quebec – Canada
12. Right of use of the Beneficiary’s image
The Beneficiary grants ROSSIGNOL the right to take pictures (photos/videos) of him/her
during the performance of the Services in order to provide the Beneficiary with them after
the Service(s) and in order to use them for promoting the Rossignol’s products and/or
services on all mediums and in particular web sites, audiovisual documents, posters, notices,
articles or publications distributed in the press, to clients, or for internal corporate use unless
contrary express request written by the Beneficiary and sent by e-mail to
racingexperience@skisrossignol.fr or by letter to the following postal address: SKIS
ROSSIGNOL SAS – service client racingExperience, 98 rue Louis Barran – 38430 Saint-Jean
de Moirans-France
The above-mentioned consents are granted to ROSSIGNOL throughout the world and for a
two-years duration from the date of first use.
ROSSIGNOL undertakes not to use the Beneficiary’s image out of the framework defined in
the present agreement.
13. Data-processing and freedom
In accordance with national data protection law, Customers and Beneficiaries are entitled to
access, amend and oppose personal data held about them. Customers and Beneficiaries may
use this right by writing to SKIS ROSSIGNOL 98 rue Louis Barran – 38430 Saint-Jean de
Moirans-France indicating the Customer’s first name, surname and address and the purpose
of the latter’s request.
14. Miscellaneous
The fact that ROSSIGNOL does not, at a given time, take advantage of one of the articles in
these General Sales Conditions shall not be interpreted as a waiver by ROSSIGNOL of the
latter’s right to take advantage of any of the said conditions at a later date.
Should any of these General Sales Conditions be declared null and void or deemed as
unwritten, the validity of the other terms of the General Sales Conditions shall not be
affected.
15. Applicable law
These General Sales Conditions and the agreement entered into upon placing an order for a
Service are governed by French law for all Services perfomed in the European Community
countries, Swiss law for all Services performed in Switzerland and Canadian law for all
Services performed in Canada for all disputes regarding, in particular, their validity,
interpretation, performance or termination.
16. Settlement of disputes - Jurisdiction
In the case of a dispute, the Parties shall endeavour to settle their differences on an out-ofcourt
basis.
Should the Parties fail to settle their differences in this way, the dispute shall be referred, in
case of a claim of the Customer, to the relevant courts at the place of residence or seat of
one of the Parties and, in case of a claim of ROSSIGNOL, in the place of the Customer’s
residence and in any case at the Customer’s choice, in the place of residence of the
consumer.
General Sales Conditions - English (79Ko)