Please note that this is a translation only and the French version of this document remains singularly authoritative.
This Agreement is between you (“You”, “Your” or the “Client”) and EURL ZigZag Ski (“Us”, “We”, “Our”, the “School” or “ZigZag”).
By making a Reservation with Us, whether by telephone, email, fax, in person, online or by any other form of communication, You accept and agree to be bound by the terms and conditions of this Agreement.
1.1 In this Agreement:
“Confirmation” means an email from Us to You which states that your Reservation is complete, and details of the Lesson, and the Services to be provided, for which Your Reservation is made.
“Instructor” means an independent contractor engaged by Us, who is qualified as an Instructor or High Mountain Guide.
“Lesson” means the provision of one of the Services to you on a specified time and date.
“Minor” means a person under the age of 18 years.
“Reservation” means a reservation made through Us for an Instructor to provide the Services.
“Services” means instruction in ski, snowboard, telemark or other similar snow sport lessons with an Instructor or High Mountain Guide, either individually or in a group.
2 Language and Jurisdiction
2.1 This English version of the terms and conditions is a translation only. The French version of the terms and conditions is authoritative. No warranty is given as to the accuracy of this translation. The French version remains singularly authoritative.
2.2 The laws of France govern this Agreement and any matter arising under it. Any dispute relating to the validity, interpretation, and/or execution of this Agreement, and any matter arising under this Agreement is subject to the exclusive jurisdiction of the Courts of France.
2.3 You submit to the jurisdiction of the Courts of France in respect of this Agreement and any matter arising under it.
3.1 You make a Reservation only upon receipt by Us of full payment and we have provided You with Confirmation. No Reservation exists until We have received full payment from You and You have received Confirmation from Us.
3.2 We do not guarantee availability of a particular Lesson until we send to you a Confirmation.
3.3 The Lesson specified in the Confirmation is final and conclusive.
Note: If you have not received Confirmation from us, we may not have received your booking request and/or payment. Please double check all Lesson details, as we will not give a refund or replacement Lesson (in full or in part) for any Lesson which you missed, or for which you were late.
4 Reservations for Minors
4.1 If You make a Reservation for a Minor, You warrant that you are the Parent or Guardian of that Minor, have the authority to make the Reservation, and consent to the minor participating in the Lesson. References in this Agreement to “You” shall be modified as necessary to be reference to the Minor.
4.2 You must arrive at the designated meeting point between five (5) and ten (10) minutes prior to the end time of the Lesson in order to collect the Minor from the Instructor. If You are unable to do so, You must make arrangements for another responsible adult to collect the Minor on Your behalf, and provide notice to Us of these arrangement in advance.
4.3 Neither We nor any Instructor will be responsible for the Minor after the end time of any Lesson. You agree that you will not hold Us or any Instructor liable in any way in respect of the Minor after the end of any Lesson.
4.4 If You fail to collect the Minor by the end of the Lesson, and as a result, an Instructor is required to cancel or delay any subsequent lesson for any other client of ZigZag, We reserve the right to charge €100 per hour block, per Minor and You agree that You will pay any such charge imposed.
5 Acknowledgements and Consents
5.1 By making a Reservation which requires a particular skill level, you warrant that You have the appropriate skill level to participate in the relevant Lesson.
5.2 Lessons will begin and end at standard meeting points. Variations from these meeting points may be arranged with private Instructors only, and are entirely at Your risk of misunderstanding.
5.3 For Your safety and that of others, You agree that You will respect the Instructor’s professional judgement at all times while participating in a Lesson.
5.4 You acknowledge that, like all physical activities, skiing and snowboarding involve a level of risk and You agree that You are aware of this risk and are prepared to assume it. You acknowledge that off-piste activities involve a higher level of risk, even when accompanied by an Instructor or guide and You agree that You are aware of this risk and are prepared to assume it.
5.5 You acknowledge that skiing and snowboarding require a high level of physical effort, so You must present yourself in a fit and safe condition for physical activity in the mountain environment.
5.6 You must inform ZigZag administration and the Instructor of any situation, medical, psychological or otherwise, of which the Instructor should be aware, which may affect Your ability to participate or which otherwise may present a risk to Your health and safety, or the health and safety of any other Client or an Instructor.
5.7 You consent to Us taking photographs and videos during any Lesson, and to Our use of such photographs or videos for publicity purposes on Our website, printed brochures and social media sites. Please tell us in writing prior to Your first Lesson if You do not wish for Us to use Your image, or the image of any Minor in Our publicity materials.
6 Exclusions and Insurances
6.1 We do not provide the Services directly to You. The Services will be provided through an Instructor, who is an independent contractor operating on an entirely independent basis as per French Law. We are not liable for any act or omission of the Instructor. Each Instructor is required to hold his or her own insurance.
6.2 You are responsible for Your own belongings before, during and after a Lesson. Neither We nor any Instructor will take responsibility for any of Your belongings at any time.
6.3 ZigZag Ski subscribes to an Assurance Responsabilité Civile against damages to a third party.
6.4 A Reservation does not include any lift pass, equipment or clothing hire, or personal insurance. You are responsible for arranging any such additional requirements at Your own cost.
6.5 If you are unsure about what equipment or lift pass you may require in order to participate in the Lesson, please ask us. However, we do not provide any warranty whatsoever that any such equipment, clothing, insurance or lift pass will be fit for purpose.
Note: We strongly recommend that, for Your peace of mind, before You make a Reservation, You take out insurance which provides adequate cover for snow sports, through Your own insurance provider. Insurance for injury or Lesson cancellation is also separately available through Us (please refer to the “insurance”) section of our frequently asked questions page). Please note that You may require special additional insurance for any off-piste activities.
7.1 We accept payment for a Reservation via Bank Transfer, Euro Cheque and Credit Card payment. Payment upon arrival is not accepted except in the case of last-minute “walk-in” reservations. No guarantee is made in regard to the availability of a Lesson in such circumstances.
7.2 Online money transfers are made at Your own risk.
7.3 Payments made by credit card over the telephone may require bank clearance.
8 Cancellation or Removal
8.1 You may cancel a Reservation at any time up to 28 days prior to Your Lesson by giving notice in writing to Us and we will provide You with a refund to the value of your payment minus a 50€ refund processing service fee.
8.2 If You cancel a Reservation less than 28 days prior to Your Lesson by notice in writing to Us, we will not provide You with any refund. However, you may transfer Your reservation to another person on the basis that:
(a) the Lesson is suitable for that person’s age, fitness, and skill level; and
(b) that person agrees to be bound by the terms and conditions of this Agreement.
8.3 We may cancel a Reservation at any time for any reason in our absolute discretion, including due to total resort closure, adverse weather conditions, force majeure, or any other reason outside of Our control. In the event of such cancellation, You will be refunded in full.
8.4 We will not under any circumstances provide You with a refund in the event of non-attendance by You at a Lesson for any reason, including misunderstanding of Lesson details, illness, injury or any other reason outside of Our control. Upon request, we will provide you with a letter of non-attendance in order for you to make an insurance claim. Non-attendance at a Lesson includes being late for a Lesson, in accordance with clause 10 below.
8.5 We reserve the right to otherwise cancel or change any Lesson (including time, date, and Instructor) for any reason in our absolute discretion. In those circumstances we may, in our absolute discretion, provide you with a refund (including for cancellation of a Group Lesson, in accordance with clause 9 below). In the event of such cancellation, we will refund only the unused value of Your Reservation. We will not under any circumstances provide to you a refund which represents a payment for Reservation for any Lesson You have already attended.
8.6 An Instructor may, in his or her absolute discretion, refuse to provide a Lesson to You or remove You from a Lesson which has already commenced, for any reason including because:
(a) You appear to be under the influence of alcohol, drugs, or other mind-altering substance;
(b) You do not have appropriate equipment or clothing for the Lesson or the conditions;
(c) You are abusive or disruptive to the Instructor, other participants the Lesson, or to any other person;
(d) You do not have the level of skill or ability which you warranted that You had at the time of making the Reservation in order to participate in the Lesson; or
(e) it would be unsafe for You, for other participants in the Lesson, or for the Instructor, if You continued with the Lesson.
We will not under any circumstances provide You with a refund in the event of such refusal or removal by the Instructor.
8.7 You agree that You will not seek any additional compensation from us under any circumstances, and will not hold us liable for any loss or damage of any kind as a result of cancellation by You or by Us.
8.8 In the event of any refund, we will make such refund only by Euro Cheque which You must collect from Our office. In some circumstances, We may provide a refund to You by bank transfer, which will incur an additional €20 fee.
8.9 Consumers purchasing services by distance may not benefit from a right of retraction (article L.221-18 du code de la consommation), as ski lessons constitute a leisure activity delivered at a specific time and date (article L.221-28-12° du code de la consommation).
9 Group Lessons
9.1 If Your Reservation is for a Group Lesson, a minimum of four (4) participants is required in order to provide the Lesson advertised. If there are fewer than four (4) persons enrolled in a Group Lesson, We may refund Your payment.
9.2 A Group Lesson will have a maximum of eight (8) participants per Instructor, only at the time of enrollment. We do not otherwise give any warranty as to the number of participants in a Group. If either an Instructor or We decide to move You or another person to a different Group Lesson for any reason (including in accordance with clause 9.3 below), the number of participants in a Lesson may increase to greater than eight (8).
9.3 A Reservation for a Group Lesson is made by ability, and the warranty you have given (at 5.1 above) as to Your level of ability. We will not under any circumstances be responsible for Your choice of ability level. If you do not have the level of skill or ability required (in the absolute discretion of the Instructor or the School), then either the Instructor or We may, at any time:
(a) move You to a different Group Lesson which is more appropriate for Your level of skill or ability;
(b) Remove you from the Group Lesson in accordance with clause 8.6 above;
9.4 If Your Reservation is for a Children’s Group Lesson, there is a maximum of eight (8) children per instructor at any time. We do not otherwise provide any warranty as to the make-up of the Children’s Group Lesson, which is subject to change as it progresses, in the absolute discretion of the Instructor and the School.
Note: Level adjustments may result in group sizes shifting (eg, while starting as groups of 8, one group may have 9 students and another 7 if one student was shifted up or down a level). We ask that You respect all decisions relating to levels of ability made by professional instructors, which are done with everyone’s safety and enjoyment in mind. In the first instance, please immediately direct any questions about levels of ability to the Instructor directly, as the Instructor is best placed to explain his or her decision to You.
10.1 You agree that You will follow the start and end time of Lessons. Your Lesson will begin and end at the time specified in the Confirmation, or otherwise at the time We notify You, even if You arrive late.
10.2 If You are late to a Group Lesson, to be fair to other participants in the Group Lesson, the Instructor will not delay the start of the Group Lesson.
10.3 If You are late to any Lesson or wish to end a Lesson early for any reason, You will not be entitled to any additional instructions, any additional Lessons, or any refund.
11.1 If You have any issue to raise, a complaint, or You are in any way dissatisfied with the service provided by ZigZag or any Instructor, You should contact the administration of ZigZag immediately so that We may endeavour to promptly resolve the issue. You must raise any complaint with us within seven (7) days.
11.2 Unless it is impracticable to do so, serious complaints should be directed in the first instance to the administration of ZigZag and not to any individual Instructor, before You leave the area of the ski resort so that a resolution of the issue may be found and agreed upon in person.
11.3 If the administration of ZigZag considers a complaint is sufficiently serious, You will be asked to meet the Director of ZigZag and, if reasonable, any staff member or Instructor concerned, in the evening in order to discuss the issue in person and to find a resolution.
11.4 In the event you refuse to meet with the Director of ZigZag in person to discuss a serious complaint, the Director will deem the complaint resolved and You agree that the complaint will be resolved and release Us from any liability in any way arising out of the facts, matters and circumstances which gave rise to the complaint.
11.5 In the event of a complaint made more than seven (7) days after the relevant event, You agree that we may discount such complaint accordingly.
11.6 Any dispute arising out of or in connection with this Agreement in any way will be subject to French law, and the jurisdiction of the French courts in accordance with clause 2 above.
11.7 You may call upon the services of the médiateur Tourisme et Voyage : MTV Médiation Tourisme Voyage BP 80 303, 75 823 Paris Cedex 17 www.mtv.travel
12.1 If at any time any provision of this Agreement is or becomes illegal or unenforceable in any respect under the law of any jurisdiction, neither the illegality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.
12.2 All prices and services, terms and conditions are subject to change at the School’s absolute discretion.
If you have any questions about our Terms & Conditions, please don’t hesitate to get in touch. Email us or call +33(0)631204410.
This page is also available in: French