BETWEEN :
Internet user,
Hereinafter referred to as "the Customer".
AND :
Sport 2000 France,
Hereinafter referred to as "the Company".
PREAMBLE
On behalf of the EKOSPORT-RENT Shops (hereinafter referred to as the "Rental Shops"), the Company registers on this Website reservations (hereinafter referred to as the "Reservation(s)") by the Customer of various equipment intended for board sports (hereinafter referred to as the "Rental").
The purpose of these General Terms and Conditions of Hire (hereinafter "GTC") is to define the terms and conditions for Reserving and Hiring the various items of equipment and services on the Website. All Reservations and Rentals are subject to compliance with these GTC.
Confirmation by the Customer of a Reservation on the Web Site implies full acceptance of these T&Cs.
These General Terms and Conditions may be amended at the sole initiative of the Company. The conditions applicable to a Reservation and Rental are those in force on the Website at the date of the Reservation.
ARTICLE 1: FACILITIES AND SERVICES
The various facilities and services offered for Reservation on the Website are described according to categories and types of classification. The photographs and graphic elements are presented for information purposes only and are intended as examples, but are not contractually binding.
The Hire Shops undertake to supply equipment of equivalent quality and technique to the category reserved.
Depending on the hire shop, the customer will need to enter their first name, height, weight and shoe size for the equipment they require.
The various items of equipment are available subject to confirmation by the Company. This confirmation is sent by e-mail to the address provided by the Customer.
ARTICLE 2: RESERVATION TERMS AND CONDITIONS
2.1- TO MAKE A RESERVATION, THE CUSTOMER :
2.2 - E-CODE PARTNERS
Purchasing e-codes:
The Customer may purchase e-code gifts
on certain EKOSPORT-RENT
partner websites that are valid on the EKOSPORT-RENT website.
How e-codes work:
They give access to discounts in the form of a fixed amount in euros. This discount is valid on the total amount of the equipment in the basket (excluding administration fees, services, multiride
option and insurance).
Once the code has been applied, if there is still a balance to pay online, the Customer must settle the transaction using the payment method of their choice (payment by bank card or paypal).
If the amount of the gift e-code exceeds the total amount of the material in the basket, the unused amount will be lost.
E-codes cannot be accumulated. E-codes are valid until 30 April following the date of purchase of the e-code.
E-code refund:
The Customer has previously purchased the e-code from an EKOSPORT-RENT
partner. It is therefore this partner who holds the purchase transaction for this gift e-code. The refund may be made by the partner in accordance with its own terms and conditions of sale.
2.3 PAYMENT BY BANK CARD OR PAYPAL
In the case of payment by credit card or Paypal, online reservations can be made up to 24 hours before the start of the rental period, depending on the Rental Shop.
The Reservation only becomes effective once the Company has received the agreement of Paybox Services SAS, which checks payments by bank card or Paypal.
On receipt of Paybox Services SAS's agreement, an e-mail confirming that the Reservation has been taken into account is sent to the Customer, with confirmation of the details of the equipment reserved, the Rental period and the price, as well as the names and contact details of the Hire Outlet. This confirmation must be presented by the Customer to the Hire Outlet on the first day of the Hire period.
In the event that payment by bank card or Paypal is rejected, the Client will be informed directly of this rejection on the website. The Company reserves the right to purely and simply cancel the Reservation previously recorded.
ARTICLE 3: RENTAL PRICE
3.1 - PRICES
The price of the Hire is determined according to the category of equipment booked, the service booked and the period of Hire, the station and the shop chosen in accordance with the rates in force for the period selected on the date of the Booking.
The price is inclusive of all taxes and is expressed in Euros; the booking fee is added to the rental price and is also expressed in Euros inclusive of all taxes.
The prices displayed on the Site are exclusively for bookings made on the Site. The prices charged on the Site may differ from the prices charged in EKOSPORT-RENT Stores.
The prices shown on the Website are specific to each Hirer shop.
Any hire made directly in a shop that has not previously been the subject of a Reservation on the Website will be made at the price of the said shop.
The offer made on this Website may not be combined with any promotional offer whatsoever made outside the Website.
3.2 - REGULATIONS
In order for the reservation to be accepted, the Customer must pay all or part of the price at the time of the Reservation.
The full settlement covers :
The partial settlement covers :
Payment of the sums due for the Reservation is made :
Transactions are carried out in Euros.
3.3 - PAYMENT OF THE BALANCE OF THE PRICE
In the event of partial payment, the balance of the price will be paid by the Customer directly to the Hire Out Shop when the equipment is collected.
Failure to do so may result in the rental being refused by the Rental Outlet, with no refund of the deposit being possible.
ARTICLE 4: EQUIPMENT HIRED
The Hired Equipment is collected from the Hire Shop where the Reservation was made and confirmed in the Reservation e-mail.
The Rental Equipment is made available to the person who made the Reservation, and under their sole responsibility, on presentation of the e-mail confirming the Reservation.
The Hired Equipment may be collected the day before the first day of hire, from the time communicated by the Hire Shop on the Website and on the reservation and subject to availability.
The Hire Shop will provide the Customer with a hire voucher indicating the equipment hired, the date on which the equipment is to be collected and the date on which the equipment is to be returned. This voucher is signed by the Customer as soon as he takes possession of the equipment.
In order to collect the equipment, the Customer may be asked to show proof of identity.
The Hiring Store may also require a security deposit, which may take the form of a bank loan, to cover the risks of damage, theft, loss or breakage of the Hired Equipment. The amount and terms of the security deposit are set by the Hiring Store. This deposit will be returned to the customer by the Hire Outlet when the rented Equipment is returned if no fault is found, in accordance with the conditions specified in article 10 below.
Any delay in collecting the reserved Equipment must be reported to the Hire Shop.
Failure to withdraw will not entitle you to a refund (see article 8.4).
In the event that the Customer wishes to collect the equipment late due to a case of force majeure, which the Customer must justify, the Hiring Out Store will do its best to accommodate the Customer. It is hereby specified that the Hire Outlet cannot be held responsible for a lack of availability (force majeure is understood to mean any event beyond the Customer's control, unforeseeable and irresistible, as defined by case law).
If the Customer pays in full, the Company will refund the difference within 30 days by :
Refunds cannot be made to a bank account other than the one used for the transaction.
>In the case of partial payment (with a balance to be paid in shop), the adjustment will be made to the balance to be paid in shop.
ARTICLE 5: LEASED SERVICE
5.1 - CONSIGNE
The left-luggage service allows the Customer to deposit their equipment in a locked locker, inside or outside the shop, so that they do not have to transport it to their place of residence.
It is the Customer's responsibility to ensure that :
The Customer remains responsible for the equipment left in the ski locker.
Under no circumstances may the Hire Shops be held responsible for any fault on the part of the Customer.
Although every effort is made to protect and secure the ski locker room, the rental outlets decline all responsibility in the event of theft, damage, forgotten or damaged objects.
The Hiring Store will take any legal action it deems necessary in the event of misuse or deterioration of the equipment made available to its customers.
Rates: the service is free of charge or subject to a charge. The price of this service may vary depending on the shop.
The public rates are shown on the Website and are specific to each Hirer shop.
While stocks last.
Only in participating shops
5.2 - DELIVERY
The delivery service allows customers to have their ski equipment booked online delivered directly to their place of residence in the resort.
The Customer can add the delivery service to the basket.
This service offers delivery of the rented equipment to the address requested by the Customer in the resort up to the Customer's 1st day of skiing.
This offer is limited to a number of packs defined by the shop. This number will be specified by the shop to the Customer when contact is made in order to agree a delivery address and time. If, however, the number of packs hired exceeds this limit, the shop undertakes to offer the Customer a solution, at an additional cost.
The Customer undertakes to fill in all the information required to enable the shop to contact him/her in order to define the delivery arrangements.
A mobile phone number is required to subscribe to this service.
The shop undertakes to contact the Customer to agree a delivery time and address (in the EKOSPORT-RENT shop resort no later than 5pm on the day before the Customer's 1st day of skiing).
The shop will inform the Customer of any special constraints that may apply when making telephone contact. If
the Client's sector is outside the area covered by the shop, the shop will cancel the delivery service if necessary (see article 7 - modifying a reservation).
In the event that the Customer is unable to be available at all of the times proposed by the shop or cannot be contacted to arrange the appointment, the delivery service will be cancelled.
Prices: the service is free of charge or subject to a charge. The price of this service may vary depending on the shop.
The public rates are shown on the Website and are specific to each Hirer shop.
Subject to availability.
Only in participating shops
5.3 -CLICK & COLLECT
Click and collect is a service enabling the Customer to collect their equipment from a specific area defined by the Shop, "without fitting", or from a remote address close to the Shop.
The Customer undertakes to fill in all the information required to enable the Store to prepare their equipment so that they can benefit from click & collect when they arrive at the station.
Any delay in collecting the Equipment booked must be reported to the Rental Outlet.
Failure to collect the Equipment will not entitle the Hirer to any refund. (see CGL article 8.1)
Prices: the service is free or subject to a charge, the price of this service may vary depending on the shop.
The public rates are shown on the Website and are specific to each rental shop.
Subject to availability.
Only in participating shops
5.4 - SECURITY
Storage allows the Customer to deposit their equipment in open ski racks inside the shop so that they do not have to transport it to their place of residence.
It is the Customer's responsibility to ensure that :
- The equipment stored in the ski rack is properly arranged so that there is no risk of the equipment falling out,
- They do not leave any valuable item(s) for which they remain responsible and for which the Shop accepts no responsibility,
Subject to availability.
Only in participating shops
ARTICLE 6: AVAILABILITY
The Rental Equipment will be available for the period selected in the Rental Shop. The rental will therefore end automatically on the dates and times indicated on the rental voucher.
The Company cannot be held responsible for any defect or delay in the provision of the equipment by the Rental Outlet concerned.
The Hire Shops may not be held responsible for delays in making the rented Equipment available, for reasons beyond their control or in the event of force majeure. In such a case, the Hiring Store will make its best efforts, depending on the stocks available in the shop, to provide the Customer with equipment of equal or higher quality than that reserved, at no extra charge.
ARTICLE 7: MODIFYING A RESERVATION
It is not possible to change a booking on the Site.
Only our customer service department is authorised to make changes at the Customer's request, either by using the form here or by sending an e-mail to serviceclient@sport2000.fr specifying :
Only the Customer requests listed below will be accepted:
Subject to the following conditions:
ARTICLE 8: CANCELLATION OF A RESERVATION
8.1 - EXERCISING THE RIGHT OF WITHDRAWAL
The Customer has a right of withdrawal; he may cancel the Hire of the equipment provided that he does so within 14 calendar days of receiving the e-mail confirming the Reservation, by sending his request for withdrawal to either :
The Company will refund the amount paid at the time of booking to the bank account used for the booking within a maximum of 30 days following the request for withdrawal.Once the customer has collected the equipment booked from the Hire Shop before the 14-day period has expired, the right of withdrawal no longer applies.
After this period of 14 days, the Customer may cancel a booking under the conditions stipulated below.
In the same way, if the Customer opts for a collection date of less than 14 days, and does not collect the equipment on the planned date or does not exercise his right of withdrawal before 8am on the first day of skiing, the right of withdrawal no longer applies; the reservation will then be cancelled under the conditions set out below.
8.2 - CANCELLATION BEFORE EQUIPMENT COLLECTION
After this period of 14 days, the Customer may cancel a booking under the conditions stipulated below.
It is not possible to cancel a booking on the Site.
Cancellations can only be made by our customer service department if requested by the Customer by e-mail to serviceclient@sport2000.fr, specifying :
Cancellation is governed by the conditions set out in the table below:
Cancellation policy |
EKOSPORT-RENT keeps |
If the Customer cancels the booking after the 14-day cooling-off period and more than 30 days before the start of the rental period |
Application fee of €3.90 incl. VAT |
If, after the 14-day cooling-off period, the Customer cancels the booking between 30 days and 7 days before the start of the rental period |
Application fee of €3.90 incl. VAT 9% of the total value of the leased Equipment |
If, after the 14-day cooling-off period, the Customer cancels the booking between 6 and 3 days before the start of the rental period |
Application fee of €3.90 incl. VAT 15% of the value of the leased Equipment |
If the Customer cancels the booking less than 3 days before the start of the rental period |
Application fee of €3.90 incl. VAT 30% of the total amount of the Rental Equipment |
EKOSPORT-RENT will reimburse the customer the sums due within 30 days of the request.
However, in the event that cancellation is the result of a case of force majeure (by force majeure we mean any unforeseeable and irresistible event beyond the Customer's control), which the Customer must justify, the Company will only retain the €3.90 booking fee and will refund the balance of the amount paid by the Customer within a maximum of 30 days.
For any request for reimbursement , the customer must be able to provide the requested supporting documents (medical certificate, certificate from the shop for non-withdrawal or interruption of stay, etc.).
Under no circumstances will EKOSPORT-RENT customer service be able to carry out the procedures on behalf of the customer (shop, insurance, partners).
If a cancelled booking is refunded to the Customer, the refund will be made by :
Refunds cannot be made to a bank account other than the one used for the transaction.
8.3 - CANCELLATION AFTER EQUIPMENT HAS BEEN COLLECTED
Once the Customer has collected the Equipment from the shop, cancellation is no longer possible. The Customer may not claim any refund of the sums paid at the time of reservation.
8.4 - NO WITHDRAWAL OF EQUIPMENT
If the Customer does not collect the rented equipment, the Company will retain the handling fee of €3.90 including VAT and 30% of the amount of the rented equipment.
Any claim will only be accepted within a maximum of 1 month from the scheduled date of the 1st day of skiing.
If the customer does not collect the equipment and does not hear from the shop within 24 hours after the 1er day of skiing, the shop reserves the right to return the equipment to the hire company.
ARTICLE 9: DURATION
The duration of the Rental is fixed for the period indicated on the Reservation.
A day starts at 09:00 and ends at 18:00.
Under no circumstances may this period be modified without the agreement of the Hiring Store.
ARTICLE 10: USE / LIABILITY / RETURN
All adjustments to the rented Equipment are carried out exclusively by the Hire Shop.
The Customer assumes full responsibility for the rented Equipment as soon as they take possession of it. They remain responsible for it until it is returned in full.
The Equipment is deemed to be in good condition and fit for normal use. It must be returned as such.
Any reservations regarding the condition of the Rental Equipment must be notified to the Rental Shop when the Equipment is collected; a note will be made on the rental voucher.
If this is not the case, no subsequent claims will be accepted.
At the end of the rental period stipulated on the rental form, in the event of failure to return the Equipment on the date and at the time stipulated, the Customer will remain solely responsible for the Equipment in his possession until it is actually returned.
Late penalties may be applied by the Hire Shop.
The rented Equipment is returned at the end of the day of the period specified in the rental voucher or before 10 a.m. the following day. Any delay in returning the Equipment after 10 a.m. on the following day may give rise to the invoicing by the Rental Store of one day's rental for each day's delay, at the rate displayed in the shop.
Loss, theft or breakage can be covered directly in shop.
Failure to return the equipment may give rise to the implementation of a return procedure, the costs of which will be borne by the Customer. The Hire Shop will invoice the Client for the equipment at its market value, including VAT, less any obsolescence.
In the event that the Hire Shop has requested a deposit, this invoicing will take the form of the retention of the said deposit.
The Customer may take out comprehensive ski insurance (see article 11 below) to cover the risk of theft and breakage of the rented Equipment, as well as the risk of cancellation or interruption of the holiday.
The Customer remains responsible for any damage to the rented Equipment, with the exception of normal wear and tear or hidden defects. The Customer shall be liable for any other damage, which shall give rise to the payment of costs for repairing or even replacing the said Equipment, up to a maximum of the replacement value in new condition at the public price thereof, in addition to the rental price. The Customer undertakes to pay these costs when the rented Equipment is returned, if necessary by deducting them from the deposit provided for in article 4 of these General Terms and Conditions. Any repairs will be carried out exclusively by the Rental Store.
ARTICLE 11: COMPREHENSIVE SKI INSURANCE
The Customer can take out comprehensive ski insurance at to cover the risk of theft and breakage of the equipment hired, as well as the risk of cancellation or interruption of the holiday.
ARTICLE 12: PERSONAL DATA
Sport 2000 France (the website publisher) and your shop, in their capacity as data controllers, process personal data for the following main purposes: processing and following up your requests for information/contact and responding to them, managing orders, managing deliveries, managing invoicing, compiling customer and prospect files, allowing you to access reserved and personal areas of our site such as your customer account or your personal profile, managing customer accounts, providing after-sales service, managing complaints, compiling sales statistics, carrying out satisfaction surveys, carrying out marketing analyses, organising competitions, organising promotional campaigns, managing and processing requests to exercise your rights, managing and preventing non-payment, managing disputes, managing your comments, detecting and combating fraud, etc., and, more generally, the management of the relationship with the users of this site, including commercial, communication and marketing operations (in particular segmentation, targeting, commercial prospecting, telemarketing, personalisation of offers, newsletters, satisfaction surveys).
The fields marked with an asterisk on the collection forms are compulsory. They are required to provide personal data of a regulatory or contractual nature (it may be a condition for entering into a contract). If this information is not provided, your request may not be processed or processing may be delayed.
This processing is necessary for various purposes:
This information is intended for the site editor and, for the above-mentioned purposes, for the entities of the group to which it belongs and their contractual or commercial partners and service providers.
It will be kept for a period of 3 years from the last contact with you, which is necessary to achieve the aforementioned purpose(s).
In accordance with the applicable provisions on the protection of personal data, you have the right to query, access, rectify, delete and port your data, as well as the right to have the processing of your data restricted and the right to object (to the processing of your data, as well as to canvassing, particularly commercial canvassing). You also have the right to define directives concerning the fate of your personal data and the way in which you wish your rights to be exercised after your death. In this respect, in the event of your death which is brought to our attention, please be aware that your data will be deleted, unless it needs to be kept for a specific period of time for reasons relating to our legal and regulatory obligations and/or legal limitation periods, and after having been communicated to a third party designated by you.
These rights may be exercised by e-mail or post, accompanied by a copy of a signed proof of identity, to contact@sport2000.fr or to the following address
Sport 2000 France
Route d'Ollainville
91520 Egly
France
In any event, you have the right to lodge a complaint with a national authority responsible for the protection of personal data (in France, this is the Commission Nationale de l'Informatique et des Libertés or "CNIL") if you consider that your data is not being processed in accordance with the applicable legal and regulatory provisions.
ARTICLE 13: INTELLECTUAL PROPERTY
All the content of this Website, the graphics, images, texts, logos and their layout are the exclusive property of the Company, with the exception of trademarks, logos or content belonging to other partner companies.
Any total or partial representation of this site by any means whatsoever without the express authorisation of the Company is prohibited and constitutes an infringement punishable under the Intellectual Property Code.
Any reproduction in whole or in part of the trademarks or logos of the Company or its partners, made from elements of this Website without the express authorisation of the Company or the owner of the logo or trademark is prohibited under the provisions of the French Intellectual Property Code.
ARTICLE 14: INDIVISIBILITY OF CLAUSES
The nullity, illegality or inapplicability of any clause of these General Terms and Conditions of Rental shall not result in the nullity, illegality or inapplicability of the other clauses of these General Terms and Conditions of Rental.
ARTICLE 15: COMPLAINTS
For any complaint, the Customer may contact customer service:
When the recourse referred to above has been exhausted, i.e. if the response to the customer's complaint does not satisfy him or her or if he or she has not received a response 1 month after submitting his or her complaint, the customer may refer the matter free of charge to the Médiateur du Commerce Coopératif et Associé, who is competent for any dispute relating to the performance of a contract of sale or supply of service covered by these general terms and conditions: by post to the following address: Médiateur du Commerce Coopératif et Associé - FCA - 77 rue de Lourmel - 75015 PARIS, or on the mediator's website www.mcca-mediation.fr where you will find the Médiation du Commerce Coopératif et Associé Charter and the supporting documents to be provided.
RLL PLATFORM
Pursuant to Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the customer is hereby informed of the possibility of referring the matter to the Online Dispute Resolution (ODR) platform made available by the Commission and accessible via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
Customers can also contact the Company electronically at the following address: contact@sport2000.fr
ARTICLE 16: RLL PLATFORM
Pursuant to Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the customer is informed of the possibility of referring the matter to the Online Dispute Resolution (ODR) platform made available by the Commission and accessible via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The customer may also contact the Company electronically at this address:
contact@sport2000.fr.
ARTICLE 17: BLOCTEL OPPOSITION TO TELEPHONE CANVASSING
You have the option of registering free of charge on a BLOCTEL (www.bloctel.gouv.fr) telephone anti-demarketing list so that you are no longer canvassed by telephone by a professional with whom you have no current contractual relationship, in accordance with French consumer law no. 2014-344 of 17 March 2014.
All consumers can register free of charge on this list at https://www.bloctel.gouv.fr/.
ARTICLE 18: EXTENDED PRODUCER LIABILITY
IUD textiles, linen, footwear (Refashion) : FR216580_11NHTF
IUD packaging, paper (Citeo): FR216580_03SLAR
IUD toys/furniture (Ecomobilier) : FR216580_12LDSU
IUD ASL (ECOLOGIC): FR216580_22XRGT
ARTICLE 19: DISPUTES / APPLICABLE LAW
These CGL are governed by French law.
APPENDIX: MODEL WITHDRAWAL FORM
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of EKOSPORT-RENT - Service Montagne- route d'Ollainville 91520 EGLY. contact@sport2000.fr.
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of the services (*) below:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
- Name(s) and reference(s) of item(s) reserved :
- Reserved on :
- Reservation number :
- Station name :
- Hirer's shop name :
- Name of customer making the reservation :
- Address of booking customer :
Signature of the consumer(s) (only in the case of notification of this form on paper)
:
Date :
(*) Delete as appropriate.
Address for notification :
Route d'Ollainville - 91540 Egly
serviceclient@sport2000.fr.
GENERAL TERMS AND CONDITIONS OF INSURANCE
Like all insurance contracts, this one involves reciprocal rights and obligations. It is governed by the French Insurance Code. These rights and obligations are set out below.
CANCELLATION
Cancellation cover provides for reimbursement of the cost of cancelling the rental of the Ski Equipment covered before Departure up to the limit of the amounts and Excess specified in the "Table of Cover", for which the Insured remains responsible and which is invoiced by EKOSPORT-RENT in application of the general rental conditions relating to the rental of the Ski Equipment, if the Insured is unable to leave for one of the following reasons :
TABLE OF GUARANTEES
GUARANTEE |
AMOUNTS AND LIMITS |
Cancellation |
Maximum per Insured 300 Euros |
Maximum per event |
5,000 Euros |
10% excess for cancellations made less than 48 hours before departure |
|
CALCULATION OF REIMBURSEMENT OF CANCELLATION COSTS
If the Insured has chosen this option and the cancellation occurs between the date on which the cover takes effect and 48 hours before Departure, the Insurer will reimburse the actual amount paid by the Insured, less taxes, insurance premiums and administrative costs.
If the Insured has chosen this option and cancels less than 48 hours before Departure, the Insurer will reimburse 100% of the amount of the ski hire fees invoiced by EKOSPORT-RENT in application of the special conditions of sale, less taxes, insurance premiums, administration costs and an excess of 10% of the amount reimbursed by the Insurer.
INTERRUPTION
If the insured has to interrupt the trip covered by this contract, the insurer undertakes to reimburse the unused days of ski equipment hire, for which the insured cannot demand reimbursement, replacement or compensation from the service provider in the following cases:
Reimbursement will be made on a pro rata temporis basis,
TABLE OF GUARANTEES
GUARANTEE |
AMOUNTS AND LIMITS |
Interruption |
Maximum per Insured 300 Euros |
Maximum per event |
5,000 Euros |
THEFT & BREAKAGE
The excess payable by the insured party is set according to the category of ski equipment covered:
Cover is limited to a single claim per item of ski equipment covered and per period of insurance.
COMPENSATION
In the event of theft or breakage of equipment, the compensation procedure is as follows:
EXCLUSIONS FROM COVER
EXCLUSIONS SPECIFIC TO CANCELLATION/INTERRUPTION COVER
Accidents occurring in the following circumstances are also excluded:
EXCLUSIONS SPECIFIC TO THEFT & BREAKAGE COVER
TERRITORIALITY
Cover applies to any insured event occurring in mainland France.
IN THE EVENT OF A CLAIM
INSURANCE CLAIM
The Insured must declare his/her claim to GRITCHEN ASSURANCES - Sinistre Sport 2000 (address GRITCHEN) in writing (CS 70139 - 18021 BOURGES CEDEX) or by e-mail to sinistres@gritchen.fr within 5 (five) working days of the occurrence of the claim, failing which coverage will be withdrawn, except in the event of unforeseen circumstances or force majeure. This notification period is reduced to 2 (two) days in the event of theft.
FOR CANCELLATION/INTERRUPTION COVER
If additional medical evidence or any other supporting document, depending on the cover concerned, is required to settle the Claim, the Insured will be notified personally by the Claims Management Centre or the Insurer.
COMPENSATION
Any payment will only be made after submission of a complete file accompanied by the documents requested by the Claims Management Centre.
Once the parties have agreed, the compensation is payable without interest within 15 days.
If an inspection by experts proves necessary to settle the Claim and the Insured or the legal representative refuses to submit to it without a valid reason, and if, after notice given forty-eight hours in advance by registered letter, he persists in his refusal, the Insurer shall be obliged to deprive him of any right to compensation for the Claim in question.
FOR THEFT & BREAKAGE COVER
In the event of burglary or robbery
In the event of Accidental Damage
Comply with GRITCHEN ASSURANCES instructions.
MUTUAIDE ASSISTANCE may request the opinion of an expert or an investigator as well as any other supporting document deemed necessary for the validity of the claim.
COMPENSATION
After investigation and acceptance of the insured Claim, the Insurer will compensate the Insured for the cost of restoring or replacing the insured Ski Equipment.
EFFECTIVE DATE AND DURATION OF MEMBERSHIP AND COVER
The effective date of membership and the effective date of cover are identical. Subject to effective payment of the premium, membership takes effect on the day on which the guaranteed ski equipment is collected from the shop.
The duration of membership and the duration of cover are identical. They correspond to the duration of the rental of the guaranteed Ski Equipment as indicated at the time of booking on the EKOSPORT-RENT website.
Membership and cover terminate :
CONTRIBUTIONS
The insurance premium is defined according to the number of Ski Equipment covered and the number of rental days.
It is payable at the same time as payment for the reservation of the guaranteed Ski Equipment on the EKOSPORT-RENT website.
WHAT ARE THE GENERAL EXCLUSIONS APPLICABLE TO ALL OUR COVER?
We cannot intervene when your claims for guarantees or benefits are the consequence of damage resulting from :
GENERAL PROVISIONS
Like all insurance contracts, it involves reciprocal rights and obligations. It is governed by the French Insurance Code. These rights and obligations are set out in the following pages.
This contract is a group property and casualty insurance policy taken out by Gritchen Affinity with MUTUAIDE ASSISTANCE, for which membership is optional.
Annex to article A. 112-1
Information document for exercising the right of renunciation provided for in article L. 112-10 of the Insurance Code
You should check that you do not already have cover for any of the risks covered by the new contract. If this is the case, you have the right to cancel this contract within a period of fourteen (calendar) days from its conclusion, without charge or penalty, if all the following conditions are met:
- you have taken out this contract for non-professional purposes;
- this contract complements the purchase of a good or service sold by a supplier;
- you can prove that you are already covered for one of the risks covered by this new contract;
- the contract you wish to cancel has not been fully executed;
- you have not reported any claim covered by this contract.
In this situation, you may exercise your right to cancel the contract by sending a letter or any other durable medium to the insurer of the new contract, together with proof that you already have cover for one of the risks covered by the new contract. The insurer is obliged to refund the premium paid within thirty days of your waiver.
If you wish to cancel your policy but do not meet all the above conditions, check the cancellation terms and conditions set out in your policy.
Additional information:
The waiver letter, a model of which is provided below for the exercise of this right, must be sent by letter or any other durable medium to Gritchen Affinity - 27, rue Charles Durand - CS70139 - 18021 Bourges:
"I, the undersigned M............. residing
at .............. hereby waive my contract N°.......... subscribed with MUTUAIDE ASSISTANCE in accordance with article L 112-10 of the Code des Assurances. I certify that at the date this letter is sent, I am not aware of any claim involving a guarantee under the contract.
Consequences of waiver:
If you exercise your right of waiver within the period specified in the box above, the contract will be cancelled from the date of receipt of the letter or other durable medium. As soon as you become aware of a claim under the contract, you can no longer exercise this right of renunciation.
In the event of waiver, you are only required to pay that part of the premium or contribution corresponding to the period during which the risk was incurred, this period being calculated up to the date of cancellation.
However, the full premium or contribution remains due to the insurance company if you exercise your right of waiver when a claim involving the cover provided by the contract and of which you were not aware occurred during the waiver period.
PROVISIONS COMMON TO ALL
GUARANTEES
DEFINITIONS AND SCOPE OF APPLICATION
We, the Insurer
MUTUAIDE ASSISTANCE - 126, rue de la Piazza - CS 20010 - 93196 Noisy-le-Grand Cedex - S.A. with a fully paid-up capital of €12,558,240 - Company governed by the French Insurance Code RCS 383 974 086 Bobigny - VAT FR 31 3 974 086 000 19
Serious bodily injury
Sudden deterioration in health resulting from the sudden action of an external, unintentional cause on the part of the victim, certified by a competent medical authority, leading to the issue of a prescription for medication for the patient and involving the cessation of all professional or other activity.
Attack
Any act of violence, constituting a criminal or illegal attack against persons and/or property in the country in which you are staying, with the aim of seriously disturbing public order through intimidation and terror and which is covered by the media.
This "attack" must be recorded by the French Ministry of Foreign Affairs or the Ministry of the Interior.
If several attacks take place on the same day, in the same country, and if the authorities consider them to be one and the same coordinated action, this event will be considered to be one and the same.
Insured
Individual or group duly insured under this contract and hereinafter referred to as "you".
For Assistance and Insurance cover, these persons must be domiciled in France, the French overseas departments and territories (DOM-ROM COM) and collectivities sui generis or in Europe.
Luggage
Travel bags, suitcases, trunks and their contents, excluding your clothing.
Injury
Sudden deterioration in health resulting from the sudden action of an external, unintentional cause on the part of the victim, as certified by a competent medical authority.
Natural disaster
Abnormal intensity of a natural agent not caused by human intervention. A
phenomenon, such as an earthquake, volcanic eruption, tidal wave, flood or natural disaster, caused by the abnormal intensity of a natural agent and recognised as such by the public authorities.
COM
refers to the French Overseas Collectivities: French Polynesia, Saint-Pierre-et-Miquelon, Wallis and Futuna, Saint Martin and Saint Barthélemy.
Definition of personal assistance
Personal assistance covers all services provided in the event of illness, injury or death of insured persons during a covered trip.
Covered trip
A trip for which you are insured and have paid the corresponding premium, with a maximum duration of 90 consecutive days.
Domicile
For Assistance and Insurance cover, domicile is considered to be the main and usual place of residence in France, in the DOM-ROM COM and sui generis collectivities or in Europe. In the event of a dispute, the tax domicile constitutes the domicile.
DOM-ROM, COM and sui generis collectivities
Guadeloupe; Martinique, French Guiana, Réunion, French Polynesia, Saint Pierre and Miquelon, Wallis and Futuna, Mayotte, Saint-Martin, Saint Barthelemy, New Caledonia.
DROM
refers to the French Overseas Departments and Regions: Guadeloupe, Martinique, French Guiana, Réunion and Mayotte.
Duration of cover
- Cancellation cover takes effect on the day you take out the insurance contract and expires on the day you leave on your trip.
- The period of validity of the other cover corresponds to the dates of stay indicated on the invoice issued by the tour operator, with a maximum duration of 90 consecutive days.
Essential items
Clothing and toiletries to help you cope temporarily with the unavailability of your personal belongings.
Epidemic The
appearance of a large number of sick people in a given area as a result of a disease.
European Economic Area (EEA)
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
Foreign
Country outside your country of residence.
Europe
By Europe we mean the following countries: Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Hungary, Greece, Ireland, Italy, Liechtenstein, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, San Marino, Spain, Sweden, Switzerland and United Kingdom.
Events covered by insurance
ü Cancellation
ü Theft Breakage
ü Interruption of stay
Execution of services
The services guaranteed by the present agreement can only be activated with the prior agreement of MUTUAIDE ASSISTANCE. Consequently, no expense incurred by the Beneficiaries on their own initiative can be reimbursed by MUTUAIDE ASSISTANCE.
Deductible
Part of the loss payable by the Insured under the contract in the event of compensation following a loss. The excess may be expressed as an amount, a percentage, a day, an hour or a kilometre.
Long-haul:
"Long-haul" means travel to countries not listed in the "Medium-haul" definition.
Illness
Sudden and unforeseeable deterioration in health certified by a competent medical authority.
Serious illness
Sudden and unforeseeable deterioration in health certified by a competent medical authority, leading to the issue of a prescription for medication and the cessation of all professional or other activities.
Maximum
cover per event Where
cover is provided for several insured persons who are victims of the same event and who are insured under the same special conditions, the insurer's cover is in any event limited to the maximum amount provided for under this cover, whatever the number of victims. Consequently, compensation is reduced and paid in proportion to the number of victims.
Family members
Your legal or de facto spouse or any person linked to you by a civil union, your ascendants or descendants or those of your spouse, your fathers-in-law, mothers-in-law, brothers, sisters, including the children of the spouse or cohabiting partner of one of your direct ascendants, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, or those of your spouse. They must be domiciled in the same country as you, unless otherwise stipulated in the contract.
Medium-haul:
"Medium-haul" refers to journeys to Europe and the Maghreb countries.
We organise
We take all the necessary steps to give you access to the service.
We pay
We finance the service.
Nullity
Any fraud, falsification, misrepresentation or false testimony likely to affect the guarantees provided for in the agreement will result in the nullity of our commitments and the forfeiture of the rights provided for in the said agreement.
Precious objects Worn
pearls, jewellery, watches, furs, sound and/or image reproduction equipment and accessories, hunting rifles, fishing equipment, laptop computers.
Pandemic
Global spread of a disease.
Quarantine
Isolation of a person in the event of a suspected or confirmed disease, decided by a competent local authority, with a view to avoiding the risk of the said disease spreading in the context of an epidemic or pandemic.
Event of
a random nature likely to trigger cover under this policy.
Territoriality
Worldwide.
WHAT IS THE GEOGRAPHICAL COVERAGE OF THE POLICY?
The cover and/or benefits subscribed to under this contract apply worldwide.
WHAT IS THE DURATION OF THE CONTRACT?
The period of validity corresponds to the duration of the services sold by the travel organiser.
Under no circumstances may the duration of the cover exceed 3 months from the date of departure.
CANCELLATION" cover takes effect on the date of subscription to this contract and expires on the day of departure for the trip (outward journey).
The other cover takes effect on the day of the planned departure and expires on the day of the planned return.
HANDLING COMPLAINTS
If you disagree or are dissatisfied with the implementation of your policy, please let GRITCHEN AFFINITY know by writing to sinistre@declare.fr for insurance cover
If you are not satisfied with the response you receive, you can write to :
MUTUAIDE
Service Assurance
TSA 20296
94368 Bry sur Marne Cedex
MUTUAIDE will acknowledge receipt of your letter within 10 working days. It will be processed within 2 months at the most. If the disagreement persists, you can refer the matter to the Médiation de l'Assurance by post to:
La Médiation de l'Assurance
TSA 50110
75441 Paris Cedex 09
The Insurer acknowledges receipt of the claim within a period which must not exceed 10 working days from receipt of the claim, unless the response itself is provided to the customer within this period. It will send the response to the insured within a period not exceeding two months from the date of receipt.
Finally, if your disagreement persists after you have received a response, you may refer the matter to the Insurance Mediation Service, provided that no legal action has been taken:
La Médiation de l'Assurance
TSA 50110
75441 Paris Cedex 09
Insurance Mediation is not competent to deal with contracts taken out to cover
professional risks.
DATA COLLECTION
The Insured acknowledges that he/she has been informed that the Insurer processes his/her personal data in accordance with the regulations relating to the protection of personal data in force and that:
- the answers to the questions asked are obligatory and that in the event of false declarations or omissions, the consequences for him/her may be the nullity of the contract (article L 113-8 of the Code des Assurances) or the reduction of compensation (article L 113-9 of the Code des Assurances),
These rights may be exercised by contacting the Insurer's Data Protection Representative:
- by e-mail: to DRPO@MUTUAIDE.fr
or
- by post: by writing to the following address: Data Protection Representative - MUTUAIDE ASSISTANCE - 126, rue de la Piazza - 93196 Noisy le Grand.
If you have made a request to the Data Protection Officer and have not received a satisfactory response, you may refer the matter to the CNIL (Commission Nationale de l'Informatique et des Libertés).
SUBROGATION
MUTUAIDE ASSISTANCE is subrogated to the extent of the compensation paid and the services provided by it in the rights and actions of the Insured, against any person responsible for the facts which motivated its intervention. When the services provided in execution of the agreement are covered in whole or in part by another company or institution, MUTUAIDE ASSISTANCE is subrogated to the rights and actions of the Insured against this company or institution.
PRESCRIPTION
In application of article L 114-1 of the Insurance Code, any action arising from this contract is time-barred after two years from the event giving rise to it. This period is extended to ten years for death cover, with actions by beneficiaries being time-barred no later than thirty years from the date of the event.
However, this period does not run :
It should be noted that:
A summons issued to one of the joint and several debtors by way of an application to the court or a writ of execution or the acknowledgement by the debtor of the right of the person against whom he was prescribing interrupts the prescription period against all the others, even against their heirs.
On the other hand, a summons served on one of the heirs of a joint and several debtor or the acknowledgement of that heir does not interrupt the limitation period in respect of the other co-heirs, even in the case of a mortgage claim, if the obligation is divisible. Such interpellation or acknowledgement interrupts the limitation period, as against the other co-debtors, only in respect of the share for which that heir is liable.
To interrupt the limitation period for the whole, in respect of the other co-debtors, a summons must be served on all the heirs of the deceased debtor or an acknowledgement made by all those heirs (article 2245 of the Civil Code).
The interpellation made to the principal debtor or his acknowledgement interrupts the prescription period against the guarantor (article 2246 of the Civil Code).
The limitation period may also be interrupted by :
SETTLEMENT OF DISPUTES
Any dispute arising between the Insurer and the Insured relating to the determination and payment of benefits shall be submitted by the most diligent party, failing amicable resolution, to the competent jurisdiction of the Insured's domicile in accordance with the provisions of Article R 114-1 of the Insurance Code.
FALSE DECLARATIONS
When they change the object of the risk or diminish our opinion of it:
- Any concealment or intentionally false statement on your part will render the contract null and void. Any premiums paid shall be retained by us and we shall be entitled to demand payment of premiums due, as provided for in Article L 113.8 of the French Insurance Code.
- Any omission or misrepresentation on your part, where bad faith is not established, will result in the cancellation of the contract 10 days after the notification sent to you by registered letter and/or the application of the reduction in compensation p
GENERAL RENTAL CONDITIONS
BETWEEN :
Internet user,
Hereinafter referred to as "the Customer".
AND :
Sport 2000 France,
Hereinafter referred to as "the Company".
PREAMBLE
On behalf of the EKOSPORT-RENT Shops (hereinafter referred to as the "Rental Shops"), the Company registers on this Website reservations (hereinafter referred to as the "Reservation(s)") by the Customer of various equipment intended for board sports (hereinafter referred to as the "Rental").
The purpose of these General Terms and Conditions of Hire (hereinafter "GTC") is to define the terms and conditions for Reserving and Hiring the various items of equipment and services on the Website. All Reservations and Rentals are subject to compliance with these GTC.
Confirmation by the Customer of a Reservation on the Web Site implies full acceptance of these T&Cs.
These General Terms and Conditions may be amended at the sole initiative of the Company. The conditions applicable to a Reservation and Rental are those in force on the Website at the date of the Reservation.
ARTICLE 1: FACILITIES AND SERVICES
The various facilities and services offered for Reservation on the Website are described according to categories and types of classification. The photographs and graphic elements are presented for information purposes only and are intended as examples, but are not contractually binding.
The Hire Shops undertake to supply equipment of equivalent quality and technique to the category reserved.
Depending on the hire shop, the customer will need to enter their first name, height, weight and shoe size for the equipment they require.
The various items of equipment are available subject to confirmation by the Company. This confirmation is sent by e-mail to the address provided by the Customer.
ARTICLE 2: RESERVATION TERMS AND CONDITIONS
2.1- TO MAKE A RESERVATION, THE CUSTOMER :
2.2 - E-CODE PARTNERS
Purchasing e-codes:
The Customer may purchase e-code gifts
on certain EKOSPORT-RENT
partner websites that are valid on the EKOSPORT-RENT website.
How e-codes work:
They give access to discounts in the form of a fixed amount in euros. This discount is valid on the total amount of the equipment in the basket (excluding administration fees, services, multiride
option and insurance).
Once the code has been applied, if there is still a balance to pay online, the Customer must settle the transaction using the payment method of their choice (payment by bank card or paypal).
If the amount of the gift e-code exceeds the total amount of the material in the basket, the unused amount will be lost.
E-codes cannot be accumulated. E-codes are valid until 30 April following the date of purchase of the e-code.
E-code refund:
The Customer has previously purchased the e-code from an EKOSPORT-RENT
partner. It is therefore this partner who holds the purchase transaction for this gift e-code. The refund may be made by the partner in accordance with its own terms and conditions of sale.
2.3 PAYMENT BY BANK CARD OR PAYPAL
In the case of payment by credit card or Paypal, online reservations can be made up to 24 hours before the start of the rental period, depending on the Rental Shop.
The Reservation only becomes effective once the Company has received the agreement of Paybox Services SAS, which checks payments by bank card or Paypal.
On receipt of Paybox Services SAS's agreement, an e-mail confirming that the Reservation has been taken into account is sent to the Customer, with confirmation of the details of the equipment reserved, the Rental period and the price, as well as the names and contact details of the Hire Outlet. This confirmation must be presented by the Customer to the Hire Outlet on the first day of the Hire period.
In the event that payment by bank card or Paypal is rejected, the Client will be informed directly of this rejection on the website. The Company reserves the right to purely and simply cancel the Reservation previously recorded.
ARTICLE 3: RENTAL PRICE
3.1 - PRICES
The price of the Hire is determined according to the category of equipment booked, the service booked and the period of Hire, the station and the shop chosen in accordance with the rates in force for the period selected on the date of the Booking.
The price is inclusive of all taxes and is expressed in Euros; the booking fee is added to the rental price and is also expressed in Euros inclusive of all taxes.
The prices displayed on the Site are exclusively for bookings made on the Site. The prices charged on the Site may differ from the prices charged in EKOSPORT-RENT Stores.
The prices shown on the Website are specific to each Hirer shop.
Any hire made directly in a shop that has not previously been the subject of a Reservation on the Website will be made at the price of the said shop.
The offer made on this Website may not be combined with any promotional offer whatsoever made outside the Website.
3.2 - REGULATIONS
In order for the reservation to be accepted, the Customer must pay all or part of the price at the time of the Reservation.
The full settlement covers :
The partial settlement covers :
Payment of the sums due for the Reservation is made :
Transactions are carried out in Euros.
3.3 - PAYMENT OF THE BALANCE OF THE PRICE
In the event of partial payment, the balance of the price will be paid by the Customer directly to the Hire Out Shop when the equipment is collected.
Failure to do so may result in the rental being refused by the Rental Outlet, with no refund of the deposit being possible.
ARTICLE 4: EQUIPMENT HIRED
The Hired Equipment is collected from the Hire Shop where the Reservation was made and confirmed in the Reservation e-mail.
The Rental Equipment is made available to the person who made the Reservation, and under their sole responsibility, on presentation of the e-mail confirming the Reservation.
The Hired Equipment may be collected the day before the first day of hire, from the time communicated by the Hire Shop on the Website and on the reservation and subject to availability.
The Hire Shop will provide the Customer with a hire voucher indicating the equipment hired, the date on which the equipment is to be collected and the date on which the equipment is to be returned. This voucher is signed by the Customer as soon as he takes possession of the equipment.
In order to collect the equipment, the Customer may be asked to show proof of identity.
The Hiring Store may also require a security deposit, which may take the form of a bank loan, to cover the risks of damage, theft, loss or breakage of the Hired Equipment. The amount and terms of the security deposit are set by the Hiring Store. This deposit will be returned to the customer by the Hire Outlet when the rented Equipment is returned if no fault is found, in accordance with the conditions specified in article 10 below.
Any delay in collecting the reserved Equipment must be reported to the Hire Shop.
Failure to withdraw will not entitle you to a refund (see article 8.4).
In the event that the Customer wishes to collect the equipment late due to a case of force majeure, which the Customer must justify, the Hiring Out Store will do its best to accommodate the Customer. It is hereby specified that the Hire Outlet cannot be held responsible for a lack of availability (force majeure is understood to mean any event beyond the Customer's control, unforeseeable and irresistible, as defined by case law).
If the Customer pays in full, the Company will refund the difference within 30 days by :
Refunds cannot be made to a bank account other than the one used for the transaction.
>In the case of partial payment (with a balance to be paid in shop), the adjustment will be made to the balance to be paid in shop.
ARTICLE 5: LEASED SERVICE
5.1 - CONSIGNE
The left-luggage service allows the Customer to deposit their equipment in a locked locker, inside or outside the shop, so that they do not have to transport it to their place of residence.
It is the Customer's responsibility to ensure that :
The Customer remains responsible for the equipment left in the ski locker.
Under no circumstances may the Hire Shops be held responsible for any fault on the part of the Customer.
Although every effort is made to protect and secure the ski locker room, the rental outlets decline all responsibility in the event of theft, damage, forgotten or damaged objects.
The Hiring Store will take any legal action it deems necessary in the event of misuse or deterioration of the equipment made available to its customers.
Rates: the service is free of charge or subject to a charge. The price of this service may vary depending on the shop.
The public rates are shown on the Website and are specific to each Hirer shop.
While stocks last.
Only in participating shops
5.2 - DELIVERY
The delivery service allows customers to have their ski equipment booked online delivered directly to their place of residence in the resort.
The Customer can add the delivery service to the basket.
This service offers delivery of the rented equipment to the address requested by the Customer in the resort up to the Customer's 1st day of skiing.
This offer is limited to a number of packs defined by the shop. This number will be specified by the shop to the Customer when contact is made in order to agree a delivery address and time. If, however, the number of packs hired exceeds this limit, the shop undertakes to offer the Customer a solution, at an additional cost.
The Customer undertakes to fill in all the information required to enable the shop to contact him/her in order to define the delivery arrangements.
A mobile phone number is required to subscribe to this service.
The shop undertakes to contact the Customer to agree a delivery time and address (in the EKOSPORT-RENT shop resort no later than 5pm on the day before the Customer's 1st day of skiing).
The shop will inform the Customer of any special constraints that may apply when making telephone contact. If
the Client's sector is outside the area covered by the shop, the shop will cancel the delivery service if necessary (see article 7 - modifying a reservation).
In the event that the Customer is unable to be available at all of the times proposed by the shop or cannot be contacted to arrange the appointment, the delivery service will be cancelled.
Prices: the service is free of charge or subject to a charge. The price of this service may vary depending on the shop.
The public rates are shown on the Website and are specific to each Hirer shop.
Subject to availability.
Only in participating shops
5.3 -CLICK & COLLECT
Click and collect is a service enabling the Customer to collect their equipment from a specific area defined by the Shop, "without fitting", or from a remote address close to the Shop.
The Customer undertakes to fill in all the information required to enable the Store to prepare their equipment so that they can benefit from click & collect when they arrive at the station.
Any delay in collecting the Equipment booked must be reported to the Rental Outlet.
Failure to collect the Equipment will not entitle the Hirer to any refund. (see CGL article 8.1)
Prices: the service is free or subject to a charge, the price of this service may vary depending on the shop.
The public rates are shown on the Website and are specific to each rental shop.
Subject to availability.
Only in participating shops
5.4 - SECURITY
Storage allows the Customer to deposit their equipment in open ski racks inside the shop so that they do not have to transport it to their place of residence.
It is the Customer's responsibility to ensure that :
- The equipment stored in the ski rack is properly arranged so that there is no risk of the equipment falling out,
- They do not leave any valuable item(s) for which they remain responsible and for which the Shop accepts no responsibility,
Subject to availability.
Only in participating shops
ARTICLE 6: AVAILABILITY
The Rental Equipment will be available for the period selected in the Rental Shop. The rental will therefore end automatically on the dates and times indicated on the rental voucher.
The Company cannot be held responsible for any defect or delay in the provision of the equipment by the Rental Outlet concerned.
The Hire Shops may not be held responsible for delays in making the rented Equipment available, for reasons beyond their control or in the event of force majeure. In such a case, the Hiring Store will make its best efforts, depending on the stocks available in the shop, to provide the Customer with equipment of equal or higher quality than that reserved, at no extra charge.
ARTICLE 7: MODIFYING A RESERVATION
It is not possible to change a booking on the Site.
Only our customer service department is authorised to make changes at the Customer's request, either by using the form here or by sending an e-mail to serviceclient@sport2000.fr specifying :
Only the Customer requests listed below will be accepted:
Subject to the following conditions:
ARTICLE 8: CANCELLATION OF A RESERVATION
8.1 - EXERCISING THE RIGHT OF WITHDRAWAL
The Customer has a right of withdrawal; he may cancel the Hire of the equipment provided that he does so within 14 calendar days of receiving the e-mail confirming the Reservation, by sending his request for withdrawal to either :
The Company will refund the amount paid at the time of booking to the bank account used for the booking within a maximum of 30 days following the request for withdrawal.Once the customer has collected the equipment booked from the Hire Shop before the 14-day period has expired, the right of withdrawal no longer applies.
After this period of 14 days, the Customer may cancel a booking under the conditions stipulated below.
In the same way, if the Customer opts for a collection date of less than 14 days, and does not collect the equipment on the planned date or does not exercise his right of withdrawal before 8am on the first day of skiing, the right of withdrawal no longer applies; the reservation will then be cancelled under the conditions set out below.
8.2 - CANCELLATION BEFORE EQUIPMENT COLLECTION
After this period of 14 days, the Customer may cancel a booking under the conditions stipulated below.
It is not possible to cancel a booking on the Site.
Cancellations can only be made by our customer service department if requested by the Customer by e-mail to serviceclient@sport2000.fr, specifying :
Cancellation is governed by the conditions set out in the table below:
Cancellation policy |
EKOSPORT-RENT keeps |
If the Customer cancels the booking after the 14-day cooling-off period and more than 30 days before the start of the rental period |
Application fee of €3.90 incl. VAT |
If, after the 14-day cooling-off period, the Customer cancels the booking between 30 days and 7 days before the start of the rental period |
Application fee of €3.90 incl. VAT 9% of the total value of the leased Equipment |
If, after the 14-day cooling-off period, the Customer cancels the booking between 6 and 3 days before the start of the rental period |
Application fee of €3.90 incl. VAT 15% of the value of the leased Equipment |
If the Customer cancels the booking less than 3 days before the start of the rental period |
Application fee of €3.90 incl. VAT 30% of the total amount of the Rental Equipment |
EKOSPORT-RENT will reimburse the customer the sums due within 30 days of the request.
However, in the event that cancellation is the result of a case of force majeure (by force majeure we mean any unforeseeable and irresistible event beyond the Customer's control), which the Customer must justify, the Company will only retain the €3.90 booking fee and will refund the balance of the amount paid by the Customer within a maximum of 30 days.
For any request for reimbursement , the customer must be able to provide the requested supporting documents (medical certificate, certificate from the shop for non-withdrawal or interruption of stay, etc.).
Under no circumstances will EKOSPORT-RENT customer service be able to carry out the procedures on behalf of the customer (shop, insurance, partners).
If a cancelled booking is refunded to the Customer, the refund will be made by :
Refunds cannot be made to a bank account other than the one used for the transaction.
8.3 - CANCELLATION AFTER EQUIPMENT HAS BEEN COLLECTED
Once the Customer has collected the Equipment from the shop, cancellation is no longer possible. The Customer may not claim any refund of the sums paid at the time of reservation.
8.4 - NO WITHDRAWAL OF EQUIPMENT
If the Customer does not collect the rented equipment, the Company will retain the handling fee of €3.90 including VAT and 30% of the amount of the rented equipment.
Any claim will only be accepted within a maximum of 1 month from the scheduled date of the 1st day of skiing.
If the customer does not collect the equipment and does not hear from the shop within 24 hours after the 1er day of skiing, the shop reserves the right to return the equipment to the hire company.
ARTICLE 9: DURATION
The duration of the Rental is fixed for the period indicated on the Reservation.
A day starts at 09:00 and ends at 18:00.
Under no circumstances may this period be modified without the agreement of the Hiring Store.
ARTICLE 10: USE / LIABILITY / RETURN
All adjustments to the rented Equipment are carried out exclusively by the Hire Shop.
The Customer assumes full responsibility for the rented Equipment as soon as they take possession of it. They remain responsible for it until it is returned in full.
The Equipment is deemed to be in good condition and fit for normal use. It must be returned as such.
Any reservations regarding the condition of the Rental Equipment must be notified to the Rental Shop when the Equipment is collected; a note will be made on the rental voucher.
If this is not the case, no subsequent claims will be accepted.
At the end of the rental period stipulated on the rental form, in the event of failure to return the Equipment on the date and at the time stipulated, the Customer will remain solely responsible for the Equipment in his possession until it is actually returned.
Late penalties may be applied by the Hire Shop.
The rented Equipment is returned at the end of the day of the period specified in the rental voucher or before 10 a.m. the following day. Any delay in returning the Equipment after 10 a.m. on the following day may give rise to the invoicing by the Rental Store of one day's rental for each day's delay, at the rate displayed in the shop.
Loss, theft or breakage can be covered directly in shop.
Failure to return the equipment may give rise to the implementation of a return procedure, the costs of which will be borne by the Customer. The Hire Shop will invoice the Client for the equipment at its market value, including VAT, less any obsolescence.
In the event that the Hire Shop has requested a deposit, this invoicing will take the form of the retention of the said deposit.
The Customer may take out comprehensive ski insurance (see article 11 below) to cover the risk of theft and breakage of the rented Equipment, as well as the risk of cancellation or interruption of the holiday.
The Customer remains responsible for any damage to the rented Equipment, with the exception of normal wear and tear or hidden defects. The Customer shall be liable for any other damage, which shall give rise to the payment of costs for repairing or even replacing the said Equipment, up to a maximum of the replacement value in new condition at the public price thereof, in addition to the rental price. The Customer undertakes to pay these costs when the rented Equipment is returned, if necessary by deducting them from the deposit provided for in article 4 of these General Terms and Conditions. Any repairs will be carried out exclusively by the Rental Store.
ARTICLE 11: COMPREHENSIVE SKI INSURANCE
The Customer can take out comprehensive ski insurance at to cover the risk of theft and breakage of the equipment hired, as well as the risk of cancellation or interruption of the holiday.
ARTICLE 12: PERSONAL DATA
Sport 2000 France (the website publisher) and your shop, in their capacity as data controllers, process personal data for the following main purposes: processing and following up your requests for information/contact and responding to them, managing orders, managing deliveries, managing invoicing, compiling customer and prospect files, allowing you to access reserved and personal areas of our site such as your customer account or your personal profile, managing customer accounts, providing after-sales service, managing complaints, compiling sales statistics, carrying out satisfaction surveys, carrying out marketing analyses, organising competitions, organising promotional campaigns, managing and processing requests to exercise your rights, managing and preventing non-payment, managing disputes, managing your comments, detecting and combating fraud, etc., and, more generally, the management of the relationship with the users of this site, including commercial, communication and marketing operations (in particular segmentation, targeting, commercial prospecting, telemarketing, personalisation of offers, newsletters, satisfaction surveys).
The fields marked with an asterisk on the collection forms are compulsory. They are required to provide personal data of a regulatory or contractual nature (it may be a condition for entering into a contract). If this information is not provided, your request may not be processed or processing may be delayed.
This processing is necessary for various purposes:
This information is intended for the site editor and, for the above-mentioned purposes, for the entities of the group to which it belongs and their contractual or commercial partners and service providers.
It will be kept for a period of 3 years from the last contact with you, which is necessary to achieve the aforementioned purpose(s).
In accordance with the applicable provisions on the protection of personal data, you have the right to query, access, rectify, delete and port your data, as well as the right to have the processing of your data restricted and the right to object (to the processing of your data, as well as to canvassing, particularly commercial canvassing). You also have the right to define directives concerning the fate of your personal data and the way in which you wish your rights to be exercised after your death. In this respect, in the event of your death which is brought to our attention, please be aware that your data will be deleted, unless it needs to be kept for a specific period of time for reasons relating to our legal and regulatory obligations and/or legal limitation periods, and after having been communicated to a third party designated by you.
These rights may be exercised by e-mail or post, accompanied by a copy of a signed proof of identity, to contact@sport2000.fr or to the following address
Sport 2000 France
Route d'Ollainville
91520 Egly
France
In any event, you have the right to lodge a complaint with a national authority responsible for the protection of personal data (in France, this is the Commission Nationale de l'Informatique et des Libertés or "CNIL") if you consider that your data is not being processed in accordance with the applicable legal and regulatory provisions.
ARTICLE 13: INTELLECTUAL PROPERTY
All the content of this Website, the graphics, images, texts, logos and their layout are the exclusive property of the Company, with the exception of trademarks, logos or content belonging to other partner companies.
Any total or partial representation of this site by any means whatsoever without the express authorisation of the Company is prohibited and constitutes an infringement punishable under the Intellectual Property Code.
Any reproduction in whole or in part of the trademarks or logos of the Company or its partners, made from elements of this Website without the express authorisation of the Company or the owner of the logo or trademark is prohibited under the provisions of the French Intellectual Property Code.
ARTICLE 14: INDIVISIBILITY OF CLAUSES
The nullity, illegality or inapplicability of any clause of these General Terms and Conditions of Rental shall not result in the nullity, illegality or inapplicability of the other clauses of these General Terms and Conditions of Rental.
ARTICLE 15: COMPLAINTS
For any complaint, the Customer may contact customer service:
When the recourse referred to above has been exhausted, i.e. if the response to the customer's complaint does not satisfy him or her or if he or she has not received a response 1 month after submitting his or her complaint, the customer may refer the matter free of charge to the Médiateur du Commerce Coopératif et Associé, who is competent for any dispute relating to the performance of a contract of sale or supply of service covered by these general terms and conditions: by post to the following address: Médiateur du Commerce Coopératif et Associé - FCA - 77 rue de Lourmel - 75015 PARIS, or on the mediator's website www.mcca-mediation.fr where you will find the Médiation du Commerce Coopératif et Associé Charter and the supporting documents to be provided.
RLL PLATFORM
Pursuant to Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the customer is hereby informed of the possibility of referring the matter to the Online Dispute Resolution (ODR) platform made available by the Commission and accessible via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
Customers can also contact the Company electronically at the following address: contact@sport2000.fr
ARTICLE 16: RLL PLATFORM
Pursuant to Article 14.1 of Regulation (EU) No 524/2013 of the European Parliament and of the Council of 21 May 2013, the customer is informed of the possibility of referring the matter to the Online Dispute Resolution (ODR) platform made available by the Commission and accessible via the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The customer may also contact the Company electronically at this address:
contact@sport2000.fr.
ARTICLE 17: BLOCTEL OPPOSITION TO TELEPHONE CANVASSING
You have the option of registering free of charge on a BLOCTEL (www.bloctel.gouv.fr) telephone anti-demarketing list so that you are no longer canvassed by telephone by a professional with whom you have no current contractual relationship, in accordance with French consumer law no. 2014-344 of 17 March 2014.
All consumers can register free of charge on this list at https://www.bloctel.gouv.fr/.
ARTICLE 18: EXTENDED PRODUCER LIABILITY
IUD textiles, linen, footwear (Refashion) : FR216580_11NHTF
IUD packaging, paper (Citeo): FR216580_03SLAR
IUD toys/furniture (Ecomobilier) : FR216580_12LDSU
IUD ASL (ECOLOGIC): FR216580_22XRGT
ARTICLE 19: DISPUTES / APPLICABLE LAW
These CGL are governed by French law.
APPENDIX: MODEL WITHDRAWAL FORM
MODEL WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract).
For the attention of EKOSPORT-RENT - Service Montagne- route d'Ollainville 91520 EGLY. contact@sport2000.fr.
I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the goods (*)/provision of the services (*) below:
Ordered on (*)/received on (*) :
Name of consumer(s) :
Address of consumer(s) :
- Name(s) and reference(s) of item(s) reserved :
- Reserved on :
- Reservation number :
- Station name :
- Hirer's shop name :
- Name of customer making the reservation :
- Address of booking customer :
Signature of the consumer(s) (only in the case of notification of this form on paper)
:
Date :
(*) Delete as appropriate.
Address for notification :
Route d'Ollainville - 91540 Egly
serviceclient@sport2000.fr.
GENERAL TERMS AND CONDITIONS OF INSURANCE
Like all insurance contracts, this one involves reciprocal rights and obligations. It is governed by the French Insurance Code. These rights and obligations are set out below.
CANCELLATION
Cancellation cover provides for reimbursement of the cost of cancelling the rental of the Ski Equipment covered before Departure up to the limit of the amounts and Excess specified in the "Table of Cover", for which the Insured remains responsible and which is invoiced by EKOSPORT-RENT in application of the general rental conditions relating to the rental of the Ski Equipment, if the Insured is unable to leave for one of the following reasons :
TABLE OF GUARANTEES
GUARANTEE |
AMOUNTS AND LIMITS |
Cancellation |
Maximum per Insured 300 Euros |
Maximum per event |
5,000 Euros |
10% excess for cancellations made less than 48 hours before departure |
|
CALCULATION OF REIMBURSEMENT OF CANCELLATION COSTS
If the Insured has chosen this option and the cancellation occurs between the date on which the cover takes effect and 48 hours before Departure, the Insurer will reimburse the actual amount paid by the Insured, less taxes, insurance premiums and administrative costs.
If the Insured has chosen this option and cancels less than 48 hours before Departure, the Insurer will reimburse 100% of the amount of the ski hire fees invoiced by EKOSPORT-RENT in application of the special conditions of sale, less taxes, insurance premiums, administration costs and an excess of 10% of the amount reimbursed by the Insurer.
INTERRUPTION
If the insured has to interrupt the trip covered by this contract, the insurer undertakes to reimburse the unused days of ski equipment hire, for which the insured cannot demand reimbursement, replacement or compensation from the service provider in the following cases:
Reimbursement will be made on a pro rata temporis basis,
TABLE OF GUARANTEES
GUARANTEE |
AMOUNTS AND LIMITS |
Interruption |
Maximum per Insured 300 Euros |
Maximum per event |
5,000 Euros |
THEFT & BREAKAGE
The excess payable by the insured party is set according to the category of ski equipment covered:
Cover is limited to a single claim per item of ski equipment covered and per period of insurance.
COMPENSATION
In the event of theft or breakage of equipment, the compensation procedure is as follows:
EXCLUSIONS FROM COVER
EXCLUSIONS SPECIFIC TO CANCELLATION/INTERRUPTION COVER
Accidents occurring in the following circumstances are also excluded:
EXCLUSIONS SPECIFIC TO THEFT & BREAKAGE COVER
TERRITORIALITY
Cover applies to any insured event occurring in mainland France.
IN THE EVENT OF A CLAIM
INSURANCE CLAIM
The Insured must declare his/her claim to GRITCHEN ASSURANCES - Sinistre Sport 2000 (address GRITCHEN) in writing (CS 70139 - 18021 BOURGES CEDEX) or by e-mail to sinistres@gritchen.fr within 5 (five) working days of the occurrence of the claim, failing which coverage will be withdrawn, except in the event of unforeseen circumstances or force majeure. This notification period is reduced to 2 (two) days in the event of theft.
FOR CANCELLATION/INTERRUPTION COVER
If additional medical evidence or any other supporting document, depending on the cover concerned, is required to settle the Claim, the Insured will be notified personally by the Claims Management Centre or the Insurer.
COMPENSATION
Any payment will only be made after submission of a complete file accompanied by the documents requested by the Claims Management Centre.
Once the parties have agreed, the compensation is payable without interest within 15 days.
If an inspection by experts proves necessary to settle the Claim and the Insured or the legal representative refuses to submit to it without a valid reason, and if, after notice given forty-eight hours in advance by registered letter, he persists in his refusal, the Insurer shall be obliged to deprive him of any right to compensation for the Claim in question.
FOR THEFT & BREAKAGE COVER
In the event of burglary or robbery
In the event of Accidental Damage
Comply with GRITCHEN ASSURANCES instructions.
MUTUAIDE ASSISTANCE may request the opinion of an expert or an investigator as well as any other supporting document deemed necessary for the validity of the claim.
COMPENSATION
After investigation and acceptance of the insured Claim, the Insurer will compensate the Insured for the cost of restoring or replacing the insured Ski Equipment.
EFFECTIVE DATE AND DURATION OF MEMBERSHIP AND COVER
The effective date of membership and the effective date of cover are identical. Subject to effective payment of the premium, membership takes effect on the day on which the guaranteed ski equipment is collected from the shop.
The duration of membership and the duration of cover are identical. They correspond to the duration of the rental of the guaranteed Ski Equipment as indicated at the time of booking on the EKOSPORT-RENT website.
Membership and cover terminate :
CONTRIBUTIONS
The insurance premium is defined according to the number of Ski Equipment covered and the number of rental days.
It is payable at the same time as payment for the reservation of the guaranteed Ski Equipment on the EKOSPORT-RENT website.
WHAT ARE THE GENERAL EXCLUSIONS APPLICABLE TO ALL OUR COVER?
We cannot intervene when your claims for guarantees or benefits are the consequence of damage resulting from :
GENERAL PROVISIONS
Like all insurance contracts, it involves reciprocal rights and obligations. It is governed by the French Insurance Code. These rights and obligations are set out in the following pages.
This contract is a group property and casualty insurance policy taken out by Gritchen Affinity with MUTUAIDE ASSISTANCE, for which membership is optional.
Annex to article A. 112-1
Information document for exercising the right of renunciation provided for in article L. 112-10 of the Insurance Code
You should check that you do not already have cover for any of the risks covered by the new contract. If this is the case, you have the right to cancel this contract within a period of fourteen (calendar) days from its conclusion, without charge or penalty, if all the following conditions are met:
- you have taken out this contract for non-professional purposes;
- this contract complements the purchase of a good or service sold by a supplier;
- you can prove that you are already covered for one of the risks covered by this new contract;
- the contract you wish to cancel has not been fully executed;
- you have not reported any claim covered by this contract.
In this situation, you may exercise your right to cancel the contract by sending a letter or any other durable medium to the insurer of the new contract, together with proof that you already have cover for one of the risks covered by the new contract. The insurer is obliged to refund the premium paid within thirty days of your waiver.
If you wish to cancel your policy but do not meet all the above conditions, check the cancellation terms and conditions set out in your policy.
Additional information:
The waiver letter, a model of which is provided below for the exercise of this right, must be sent by letter or any other durable medium to Gritchen Affinity - 27, rue Charles Durand - CS70139 - 18021 Bourges:
"I, the undersigned M............. residing
at .............. hereby waive my contract N°.......... subscribed with MUTUAIDE ASSISTANCE in accordance with article L 112-10 of the Code des Assurances. I certify that at the date this letter is sent, I am not aware of any claim involving a guarantee under the contract.
Consequences of waiver:
If you exercise your right of waiver within the period specified in the box above, the contract will be cancelled from the date of receipt of the letter or other durable medium. As soon as you become aware of a claim under the contract, you can no longer exercise this right of renunciation.
In the event of waiver, you are only required to pay that part of the premium or contribution corresponding to the period during which the risk was incurred, this period being calculated up to the date of cancellation.
However, the full premium or contribution remains due to the insurance company if you exercise your right of waiver when a claim involving the cover provided by the contract and of which you were not aware occurred during the waiver period.
PROVISIONS COMMON TO ALL
GUARANTEES
DEFINITIONS AND SCOPE OF APPLICATION
We, the Insurer
MUTUAIDE ASSISTANCE - 126, rue de la Piazza - CS 20010 - 93196 Noisy-le-Grand Cedex - S.A. with a fully paid-up capital of €12,558,240 - Company governed by the French Insurance Code RCS 383 974 086 Bobigny - VAT FR 31 3 974 086 000 19
Serious bodily injury
Sudden deterioration in health resulting from the sudden action of an external, unintentional cause on the part of the victim, certified by a competent medical authority, leading to the issue of a prescription for medication for the patient and involving the cessation of all professional or other activity.
Attack
Any act of violence, constituting a criminal or illegal attack against persons and/or property in the country in which you are staying, with the aim of seriously disturbing public order through intimidation and terror and which is covered by the media.
This "attack" must be recorded by the French Ministry of Foreign Affairs or the Ministry of the Interior.
If several attacks take place on the same day, in the same country, and if the authorities consider them to be one and the same coordinated action, this event will be considered to be one and the same.
Insured
Individual or group duly insured under this contract and hereinafter referred to as "you".
For Assistance and Insurance cover, these persons must be domiciled in France, the French overseas departments and territories (DOM-ROM COM) and collectivities sui generis or in Europe.
Luggage
Travel bags, suitcases, trunks and their contents, excluding your clothing.
Injury
Sudden deterioration in health resulting from the sudden action of an external, unintentional cause on the part of the victim, as certified by a competent medical authority.
Natural disaster
Abnormal intensity of a natural agent not caused by human intervention. A
phenomenon, such as an earthquake, volcanic eruption, tidal wave, flood or natural disaster, caused by the abnormal intensity of a natural agent and recognised as such by the public authorities.
COM
refers to the French Overseas Collectivities: French Polynesia, Saint-Pierre-et-Miquelon, Wallis and Futuna, Saint Martin and Saint Barthélemy.
Definition of personal assistance
Personal assistance covers all services provided in the event of illness, injury or death of insured persons during a covered trip.
Covered trip
A trip for which you are insured and have paid the corresponding premium, with a maximum duration of 90 consecutive days.
Domicile
For Assistance and Insurance cover, domicile is considered to be the main and usual place of residence in France, in the DOM-ROM COM and sui generis collectivities or in Europe. In the event of a dispute, the tax domicile constitutes the domicile.
DOM-ROM, COM and sui generis collectivities
Guadeloupe; Martinique, French Guiana, Réunion, French Polynesia, Saint Pierre and Miquelon, Wallis and Futuna, Mayotte, Saint-Martin, Saint Barthelemy, New Caledonia.
DROM
refers to the French Overseas Departments and Regions: Guadeloupe, Martinique, French Guiana, Réunion and Mayotte.
Duration of cover
- Cancellation cover takes effect on the day you take out the insurance contract and expires on the day you leave on your trip.
- The period of validity of the other cover corresponds to the dates of stay indicated on the invoice issued by the tour operator, with a maximum duration of 90 consecutive days.
Essential items
Clothing and toiletries to help you cope temporarily with the unavailability of your personal belongings.
Epidemic The
appearance of a large number of sick people in a given area as a result of a disease.
European Economic Area (EEA)
Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden, United Kingdom.
Foreign
Country outside your country of residence.
Europe
By Europe we mean the following countries: Andorra, Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Gibraltar, Hungary, Greece, Ireland, Italy, Liechtenstein, Latvia, Lithuania, Luxembourg, Malta, Monaco, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovenia, San Marino, Spain, Sweden, Switzerland and United Kingdom.
Events covered by insurance
ü Cancellation
ü Theft Breakage
ü Interruption of stay
Execution of services
The services guaranteed by the present agreement can only be activated with the prior agreement of MUTUAIDE ASSISTANCE. Consequently, no expense incurred by the Beneficiaries on their own initiative can be reimbursed by MUTUAIDE ASSISTANCE.
Deductible
Part of the loss payable by the Insured under the contract in the event of compensation following a loss. The excess may be expressed as an amount, a percentage, a day, an hour or a kilometre.
Long-haul:
"Long-haul" means travel to countries not listed in the "Medium-haul" definition.
Illness
Sudden and unforeseeable deterioration in health certified by a competent medical authority.
Serious illness
Sudden and unforeseeable deterioration in health certified by a competent medical authority, leading to the issue of a prescription for medication and the cessation of all professional or other activities.
Maximum
cover per event Where
cover is provided for several insured persons who are victims of the same event and who are insured under the same special conditions, the insurer's cover is in any event limited to the maximum amount provided for under this cover, whatever the number of victims. Consequently, compensation is reduced and paid in proportion to the number of victims.
Family members
Your legal or de facto spouse or any person linked to you by a civil union, your ascendants or descendants or those of your spouse, your fathers-in-law, mothers-in-law, brothers, sisters, including the children of the spouse or cohabiting partner of one of your direct ascendants, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, or those of your spouse. They must be domiciled in the same country as you, unless otherwise stipulated in the contract.
Medium-haul:
"Medium-haul" refers to journeys to Europe and the Maghreb countries.
We organise
We take all the necessary steps to give you access to the service.
We pay
We finance the service.
Nullity
Any fraud, falsification, misrepresentation or false testimony likely to affect the guarantees provided for in the agreement will result in the nullity of our commitments and the forfeiture of the rights provided for in the said agreement.
Precious objects Worn
pearls, jewellery, watches, furs, sound and/or image reproduction equipment and accessories, hunting rifles, fishing equipment, laptop computers.
Pandemic
Global spread of a disease.
Quarantine
Isolation of a person in the event of a suspected or confirmed disease, decided by a competent local authority, with a view to avoiding the risk of the said disease spreading in the context of an epidemic or pandemic.
Event of
a random nature likely to trigger cover under this policy.
Territoriality
Worldwide.
WHAT IS THE GEOGRAPHICAL COVERAGE OF THE POLICY?
The cover and/or benefits subscribed to under this contract apply worldwide.
WHAT IS THE DURATION OF THE CONTRACT?
The period of validity corresponds to the duration of the services sold by the travel organiser.
Under no circumstances may the duration of the cover exceed 3 months from the date of departure.
CANCELLATION" cover takes effect on the date of subscription to this contract and expires on the day of departure for the trip (outward journey).
The other cover takes effect on the day of the planned departure and expires on the day of the planned return.
HANDLING COMPLAINTS
If you disagree or are dissatisfied with the implementation of your policy, please let GRITCHEN AFFINITY know by writing to sinistre@declare.fr for insurance cover
If you are not satisfied with the response you receive, you can write to :
MUTUAIDE
Service Assurance
TSA 20296
94368 Bry sur Marne Cedex
MUTUAIDE will acknowledge receipt of your letter within 10 working days. It will be processed within 2 months at the most. If the disagreement persists, you can refer the matter to the Médiation de l'Assurance by post to:
La Médiation de l'Assurance
TSA 50110
75441 Paris Cedex 09
The Insurer acknowledges receipt of the claim within a period which must not exceed 10 working days from receipt of the claim, unless the response itself is provided to the customer within this period. It will send the response to the insured within a period not exceeding two months from the date of receipt.
Finally, if your disagreement persists after you have received a response, you may refer the matter to the Insurance Mediation Service, provided that no legal action has been taken:
La Médiation de l'Assurance
TSA 50110
75441 Paris Cedex 09
Insurance Mediation is not competent to deal with contracts taken out to cover
professional risks.
DATA COLLECTION
The Insured acknowledges that he/she has been informed that the Insurer processes his/her personal data in accordance with the regulations relating to the protection of personal data in force and that:
- the answers to the questions asked are obligatory and that in the event of false declarations or omissions, the consequences for him/her may be the nullity of the contract (article L 113-8 of the Code des Assurances) or the reduction of compensation (article L 113-9 of the Code des Assurances),
These rights may be exercised by contacting the Insurer's Data Protection Representative:
- by e-mail: to DRPO@MUTUAIDE.fr
or
- by post: by writing to the following address: Data Protection Representative - MUTUAIDE ASSISTANCE - 126, rue de la Piazza - 93196 Noisy le Grand.
If you have made a request to the Data Protection Officer and have not received a satisfactory response, you may refer the matter to the CNIL (Commission Nationale de l'Informatique et des Libertés).
SUBROGATION
MUTUAIDE ASSISTANCE is subrogated to the extent of the compensation paid and the services provided by it in the rights and actions of the Insured, against any person responsible for the facts which motivated its intervention. When the services provided in execution of the agreement are covered in whole or in part by another company or institution, MUTUAIDE ASSISTANCE is subrogated to the rights and actions of the Insured against this company or institution.
PRESCRIPTION
In application of article L 114-1 of the Insurance Code, any action arising from this contract is time-barred after two years from the event giving rise to it. This period is extended to ten years for death cover, with actions by beneficiaries being time-barred no later than thirty years from the date of the event.
However, this period does not run :
It should be noted that:
A summons issued to one of the joint and several debtors by way of an application to the court or a writ of execution or the acknowledgement by the debtor of the right of the person against whom he was prescribing interrupts the prescription period against all the others, even against their heirs.
On the other hand, a summons served on one of the heirs of a joint and several debtor or the acknowledgement of that heir does not interrupt the limitation period in respect of the other co-heirs, even in the case of a mortgage claim, if the obligation is divisible. Such interpellation or acknowledgement interrupts the limitation period, as against the other co-debtors, only in respect of the share for which that heir is liable.
To interrupt the limitation period for the whole, in respect of the other co-debtors, a summons must be served on all the heirs of the deceased debtor or an acknowledgement made by all those heirs (article 2245 of the Civil Code).
The interpellation made to the principal debtor or his acknowledgement interrupts the prescription period against the guarantor (article 2246 of the Civil Code).
The limitation period may also be interrupted by :
SETTLEMENT OF DISPUTES
Any dispute arising between the Insurer and the Insured relating to the determination and payment of benefits shall be submitted by the most diligent party, failing amicable resolution, to the competent jurisdiction of the Insured's domicile in accordance with the provisions of Article R 114-1 of the Insurance Code.
FALSE DECLARATIONS
When they change the object of the risk or diminish our opinion of it:
- Any concealment or intentionally false statement on your part will render the contract null and void. Any premiums paid shall be retained by us and we shall be entitled to demand payment of premiums due, as provided for in Article L 113.8 of the French Insurance Code.
- Any omission or misrepresentation on your part, where bad faith is not established, will result in the cancellation of the contract 10 days after the notification sent to you by registered letter and/or the application of the reduction in compensation provided for in article L 113.9 of the Code des Assurances.
SUPERVISORY AUTHORITY
The authority responsible for supervising MUTUAIDE ASSISTANCE is the Autorité de Contrôle Prudentiel et de Résolution (ACPR) - 4, place de Budapest - CS 92 459 - 75 436 Paris Cedex 9.
rovided for in article L 113.9 of the Code des Assurances.
SUPERVISORY AUTHORITY
The authority responsible for supervising MUTUAIDE ASSISTANCE is the Autorité de Contrôle Prudentiel et de Résolution (ACPR) - 4, place de Budapest - CS 92 459 - 75 436 Paris Cedex 9.
The guarantee of quality equipment and service