General Terms and Conditions of Rental

Table of Contents

Terms and Conditions

These General Terms and Conditions of Rental and their APPENDICES govern the conditions of rental and apply to all bookings of services made by an individual on the www.skimium.com website.

They are concluded between :

La Compagnie Européenne des Loueurs de Ski (hereinafter referred to as CELS), a simplified joint stock company with a capital of 100,000 euros, registered with the Nanterre Trade and Companies Register under number 877 610 923, with the following intra-Community VAT number: FR 96 877610923, having its registered office at 424 Bureaux de la Colline - 92210 SAINT CLOUD - FRANCE and having as its legal representative SAS COSINUS K, itself represented by Philippe KOIRANSKY, Chairman

La Compagnie Internationale des Loueurs de Ski (hereinafter referred to as CILS) is a public limited company with capital of CHF 100,000, registered in the Commercial Register of the Canton of VAUD under number CH -550-1045051-8, whose registered office is at Chemin de la Prairie 5 A - 1007, Lausanne - SWITZERLAND and whose legal representative is Isabelle Bachmann, director.

Hereinafter referred to as "SKIMIUM"

On the one hand,

And

The LESSEE, a consumer established in the TERRITORY

Hereinafter referred to as "LESSEE"

On the other hand,

The LESSEE and SKIMIUM shall be collectively referred to as the PARTIES.

ANY BOOKING MADE WITH SKIMIUM BY THE HIRER IMPLIES THE HIRER'S UNRESERVED ACCEPTANCE OF THESE GENERAL CONDITIONS OF HIRE AND THE APPENDICES THEREON.

Article 1: Definition

The terms used below have the following meanings in these General Terms and Conditions of Hire:

  • "EXCHANGE VOUCHER": means the document enabling the LESSEE to collect the PRODUCT(S) reserved from a SKIMIUM partner shop and certifying full payment of the reservation;
  • "RESERVATION": refers to the operation whereby the RENTER chooses the PRODUCTS, the rental period, the pick-up location, the payment method and makes the payment;
  • "ACCOUNT": This data includes information relating to the RENTER, such as his/her e-mail address, the status of his/her transactions, the PRODUCTS rented via the SITE, his/her shoe size, weight and height. It is specified that an ACCOUNT may not be transferred to a third party;
  • "CONTRACT": refers to the contractual relationship by which the parties are bound and governed by these General Terms and Conditions of Hire and its appendices, the INVOICE and any amendments subsequently signed by the PARTIES;
  • "INVOICE": means the contractual document sent by SKIMIUM showing the final price of the reservation;
  • "LESSEE": refers to SKIMIUM's co-contractor, a natural person of legal age and capacity, who guarantees to be a consumer as defined by French law and jurisprudence;
  • "STANDARD OFFER": means the offer whereby SKIMIUM offers the LESSEE a PRODUCT belonging to a category of PRODUCTS listed on the SITE according to their quality or the age of their user, such as :
    • EXPERIENCE RANGE for men and women ;
    • JUNIOR INITIATION RANGE for children and teenagers;
  • "PRODUCTS": refers to all the elements of the booking;
  • "PACK": refers to the hire of a pair of skis, a pair of boots and poles for ski packs, and a pair of boots and a board for snowboard packs;
  • "OPTIONS": refers to the possibility of choosing an additional service. OPTIONS are offered in certain SKIMIUM shops only. The RENTER may opt for options by ticking the corresponding box before validating the reservation. The following OPTIONS may be offered to the customer at the time of booking:
    • CLICK AND COLLECT: to make equipment collection easier and save you time, you can collect your equipment from the shop and try it out at home at your leisure. Free option
    • ECOURTE HOLIDAY: adapt rental time to each skier
  • "REFERENCE PRICE": This term refers to the 'previous price' as defined in Article L. 112-1-1, I, of the Consumer Code.
  • "SITE": means the website available at www.SKIMIUM.com on which the LESSEE may view the PRODUCTS;
  • "TERRITORY": refers to all the territories concerned

Article 2: Purpose of the contract

The purpose of these General Terms and Conditions of Rental is to determine the respective rights and obligations of the LESSEE and SKIMIUM in connection with the RENTAL of the PRODUCTS presented on the WEBSITE.

These General Rental Conditions, the information on the EXCHANGE VOUCHER, the information on the reservation, when accepted by SKIMIUM, as well as the related INVOICE constitute the sole contractual commitments of SKIMIUM and the RENTER.

The LESSEE is clearly informed and acknowledges that the SITE is intended for consumers and that professionals must contact the SKIMIUM sales department in order to benefit from separate contractual conditions.

Article 3: Nature of the General Rental Conditions

Under no circumstances shall these General Terms and Conditions of Rental confer on the LESSEE the status of SKIMIUM employee, agent or representative.

The PARTIES further declare that these General Terms and Conditions of Hire may under no circumstances be considered as an act constituting a legal person or entity of any kind, and that any form of "affectio societatis" is formally excluded from their relationship.

Article 4 : Acceptance and amendment of the General Terms and Conditions of Hire

The RENTER shall read these conditions carefully and accept them before paying for a booking made on the SITE.

These General Terms and Conditions of Rental are referenced at the bottom of each SITE page by means of a link and must be consulted before making a reservation. The RENTER is invited to carefully read, download and print the General Terms and Conditions and to keep a copy.

SKIMIUM advises the RENTER to read the General Terms and Conditions each time a new booking is made, as the latest version of these Terms and Conditions applies to all new bookings.

By clicking on the first button to make the booking and then on the second to confirm the booking, the RENTER acknowledges having read, understood and accepted the General Terms and Conditions without limitation or condition.

The General Terms and Conditions of Rental apply throughout the period during which the PRODUCTS are online.

SKIMIUM may modify them at any time. These modifications will come into force immediately after being posted on the WEBSITE..

Only the General Rental Conditions published on the day of the booking are applicable to the booking. They are brought to the attention of the RENTER and accepted by him/her at the time of booking.

Article 5: Account

Making a reservation implies the creation of an ACCOUNT in order to process the reservation and therefore the necessary acceptance of the SITE's General Terms and Conditions.

The LESSEE is obliged to update the information held in his ACCOUNT, particularly with regard to his contact details and means of contact.

Article 6: Obligations of the parties

6.1 : Tenant's obligations

To enable SKIMIUM to fulfil its obligations in the best possible conditions, the LESSEE undertakes to :

  • Pay the reservation fee ;
  • Comply with all applicable laws and regulations as well as these General Terms and Conditions of Rental;
  • Notify SKIMIUM of any information of which it may be aware and which could have an impact on the performance of the CONTRACT binding the Parties;
  • Provide the EXCHANGE VOUCHER when collecting the PRODUCTS;

6.2 : Obligations of SKIMIUM

SKIMIUM undertakes to use all necessary means to rent the PRODUCTS under the conditions set forth in these General Rental Conditions.

Article 7: Products

The essential characteristics (qualitative and quantitative) of the PRODUCTS are described on the SITE as precisely as possible, if necessary on the basis of information provided by the manufacturers and suppliers of SKIMIUM shops.

Every effort is made to ensure that the photographs representing the PRODUCTS appearing on the SITE are faithful to the original PRODUCTS.

However, it should be noted that SKIMIUM rents PRODUCTS and does not manufacture them. SKIMIUM is therefore not responsible for variations not resulting from its fault or non-substantial variations.

The LESSEE can reserve the following categories of PRODUCTS listed on the SITE:

  • Initiation Pack: Versatile, easy and reassuring skis for a safe start. The perfect partner for a great day out.
  • Progression Pack: Versatile, forgiving piste skis for confident skiing at moderate speeds. They're grippy, manoeuvrable and lightweight.
  • Emotion Pack: Stable, manoeuvrable, high-performance skis for thrills and fun all over the ski area.
  • Freestyle Pack: Very versatile skis to go from the park to the slopes and off-piste, perfect for fun and progress.
  • All MTN Experience Pack: Top-of-the-range skis that are ultra-polyvalent, light and agile. Crisp and fast, they stand up to high-speed turns.
  • Piste Experience Pack: The latest generation of top-of-the-range skis that offer a high level of stability and grip for maximum thrills on groomed runs.
  • Freeride Experience Pack: The latest generation of top-of-the-range skis for maximum sensation and pleasure in powder snow.
  • Exclusive Pack: Year-round, high-performance, top-of-the-range skis for fun on all types of snow

SKIMIUM cannot predict whether or not equipment will be returned by previous RENTERS, and PRODUCTS may be damaged, lost or stolen. This is why SKIMIUM undertakes to upgrade the RENTER as far as it can if he/she is unable to obtain the model/category he/she has selected online.

Article 8 : Booking

8.1 : Booking conditions

The LESSEE must be at least eighteen (18) years of age and have the legal capacity necessary to make and honour any reservation or be the holder of an authorisation allowing him/her to make and honour any reservation and be able to justify this at any time upon simple request by SKIMIUM.

The RENTER will be asked to provide information enabling him/her to be identified by completing the form available on the SITE. The sign (*) indicates the mandatory fields that must be completed for the RENTER's reservation to be processed by SKIMIUM. The RENTER can check the status of his reservation on the SITE. The information that the RENTER provides to SKIMIUM when making a reservation must be complete, accurate and up to date. SKIMIUM reserves the right to ask the LESSEE to confirm, by any appropriate means, his/her identity, eligibility and the information provided.

A RENTAL on the SKIMIUM website can be made at the latest the day before the start date of the requested rental period. In this specific case, the equipment booked may not be available the day before the first day. The hirer undertakes to make the equipment available the following morning, i.e. on the first day of hire.

8.2 : Booking process

Reservations are made directly on the SITE. To make a reservation, the RENTER must follow the steps described below (please note, however, that depending on the RENTER's start page, the steps may differ slightly).

To make a reservation, the LESSEE must follow the following procedure:

  • Choose the station ;
  • Select the desired rental period;
  • Select the shop where the PRODUCT(S) will be collected ;
  • Select the PRODUCT(S) of your choice, with or without ski boots or snowboard boots, according to your level of experience and the use you intend to make of them;
  • Choose whether you wish to take out "Breakage/Theft" cover;
  • Indicate your height, weight and shoe size, if applicable, so that the equipment can be prepared in advance;
  • Read and accept these General Terms and Conditions of Rental before confirming your booking.

After validating his/her reservation, the LESSEE, if he/she has not already done so, creates an account by filling in a form or entering his/her login details.

The RENTER undertakes to read the booking summary carefully, and to modify it at any time before clicking on the "Confirm my booking" button.

The RENTER then chooses and makes his or her payment method, and may be directed to a secure payment platform for online payment.

Upon confirmation by the LESSEE, the reservation will be sent to SKIMIUM for processing. SKIMIUM will send an acknowledgement of receipt by email to the RENTER as soon as it receives the reservation.

The RENTER will receive an e-mail on his electronic mailbox confirming or not his reservation and the availability of the selected PRODUCT(S). If the availability of the PRODUCT(S) is confirmed, SKIMIUM will, where applicable, send the RENTER a reservation confirmation email containing :

  • An EXCHANGE VOUCHER on which appears :
    • the date and time of collection of the PRODUCT ;
    • the date and time of return of the PRODUCT;
    • a list of the PRODUCTS or CATEGORIES rented and their characteristics ;
    • The options chosen ;
    • The store where the PRODUCT is collected;
  • The link to the General Terms and Conditions of Hire on a durable and legible medium.

The RENTER will present his/her EXCHANGE VOUCHER, in the form of an email, reservation number or QR code, which he/she must show at the shop where he/she collects his/her PRODUCT(s).

Whatever the booking method, bookings cannot be conditional: they are firm.

It is specified that no reservation can be taken into account if it is not immediately followed by the corresponding secure payment by bank card or by any other means of payment offered on the SITE.

SKIMIUM declines all responsibility for the choice of PRODUCT(s), the number of PRODUCTS and the rental period chosen by the LESSEE, particularly if these do not correspond to the LESSEE's expectations or needs.

Article 9 : Prices

The prices shown on the SITE may change, particularly in the event of special offers or sales.

The price applied to the RENTER is the one displayed on the SITE when the CONTRACT is concluded, taking into account the category of equipment booked as well as the number of rental days, possibly increased by the price of the "Breakage/Theft" guarantee if this guarantee is subscribed to (option), except in the case of an obvious error in displaying the price of the PRODUCT (derisory price).

Prices are quoted in euros or Swiss francs (CHF) inclusive of all taxes, including French VAT at the rate applicable on the day the CONTRACT is concluded.

Prices quoted in currencies other than the Euro and Swiss Franc are given as an indication only, taking into account the conversion rate as far as possible. This information is not binding at any time.

Reservations are payable in euros or Swiss francs, depending on the country.

The total cost of the booking will appear at the second stage of the booking process.

In accordance with the provisions of article L. 112-1-1 of the French Consumer Code, when the prices indicated on the SITE are subject to promotional offers, the price reduction announced is calculated on the basis of the REFERENCE PRICE, which appears on the price reduction announcement.

The REFERENCE PRICE corresponds to the lowest price charged on the SITE to all consumers during the last 30 days prior to the announcement of the price reduction, including a reduced price where applicable, and for the rental affected by the promotional offer. The percentage reduction announced applies to this REFERENCE PRICE thus defined.

In the event of successive price reductions for a given rental, the REFERENCE PRICE corresponds to the lowest price charged to all consumers during the last 30 days preceding the first price reduction.

9.1 : Rental charges

For each PRODUCT ordered, SKIMIUM applies a €1/CHF 1.10 booking fee per day, up to a maximum of €6 per booking.

Article 10: Billing

The price invoiced to the LESSEE shall correspond to the rate applicable on the day the CONTRACT is concluded.

The invoice will detail :

  • the price of each PRODUCT reserved ;
  • the amount of "Breakage/Theft" cover ;
  • the amount of the application fee ;
  • the amount of tax

The acknowledgement of receipt of the reservation that SKIMIUM sends to the LESSEE by e-mail does not constitute an INVOICE.

At its request, the LESSEE may receive an INVOICE by e-mail. The invoice is issued in the name and details of the hirer and cannot be changed under any circumstances.

Article 11: Payment

11.1 : Payment date

The LESSEE makes the payment at the end of the booking process.

11.2 : Payment methods

The RENTER is reminded that CELS rents exclusively to any RENTER domiciled in France and skiing in France and CILS rents exclusively to all other RENTERS who do not meet this double condition.

Payment will be made to :

  • CELS for the RENTER domiciled in France and skiing in France ;
  • CILS for the LESSEE domiciled outside France and skiing in France ;
  • CILS for the LESSEE domiciled outside France and skiing outside France ;
  • CILS for the LESSEE domiciled in France and skiing outside France.

The LESSEE may pay CELS and CILS by credit card.

Secure payment by credit card CELS

CELS has entered into a service agreement with Société Générale concerning electronic commerce, called "the Sogecommerce service".

The purpose of this agreement is to provide all the functions necessary for the management of a payment service and the secure acquisition of payments on the Internet.

Société Générale manages the security of exchanges and ensures the protection of secrets (decryption keys) and their management.

Only bank cards issued in France or within the framework of international networks approved by the GIE Cartes Bancaires are accepted.

Any financial costs (bank charges linked to the exchange rate, bank commission for payment transactions carried out outside the bank card issuing territory, other bank commissions, etc.) that may be linked to bank card payments shall be borne by the LESSEE. These costs correspond to any charges levied exclusively by the LESSEE's banking institution as a result of the use of his bank card.

The agreement of the central credit card network makes the ORDER validated by the RENTER on the website effective. In the event of refusal by the central credit card network, CELS reserves the right to cancel the reservation.

During the payment transaction, the LESSEE is automatically connected to the server of the Société Générale payment processing centre. The banking data, protected by encryption, does not pass through the CELS systems and is therefore not kept by it.

Secure payment by CELS bank card

CELS has entered into a service agreement with Banque Populaire concerning e-commerce, known as Cyberplus payment.

The purpose of this agreement is to provide all the functions required to manage a payment service and securely acquire payments over the Internet.

Banque Populaire manages the security of exchanges and ensures the protection of secrets (decryption keys) and their management.

Only bankcards issued in France or within the framework of international networks approved by GIE Cartes Bancaires are accepted.

Any financial charges (bank charges linked to the exchange rate, bank commission for payment transactions carried out outside the territory where the bank card is issued, other bank commissions, etc.) that may be linked to payments by bank card shall remain payable by the LESSEE. These charges correspond to any charges levied exclusively by the LESSEE's banking institution as a result of the use of his bank card.

The agreement of the central credit card network makes the reservation validated by the RENTER on the website. In the event of refusal by the central credit card network, CELS reserves the right to cancel the reservation.

During the payment transaction, the LESSEE is automatically connected to the Société Générale payment processing centre server. Bank details, which are protected by encryption, do not pass through the CELS systems and are therefore not stored by CELS.

Secure payment by CILS bank card

CILS has signed a service agreement with Payplug

The purpose of this agreement is to provide all the functions required to manage a payment service and securely acquire payments over the Internet.

Payplug manages the security of exchanges and ensures that secrets (decryption keys) are protected and managed.

Only bankcards issued in France or within the framework of international networks approved by GIE Cartes Bancaires are accepted.

Any financial charges (bank charges linked to the exchange rate, bank commission for payment transactions carried out outside the territory where the bank card is issued, other bank commissions, etc.) that may be linked to payments by bank card shall remain payable by the LESSEE. These charges correspond to any charges levied exclusively by the LESSEE's banking institution as a result of the use of his bank card. They are in no way attributed to Skimium.com and therefore cannot be reimbursed in any way by the latter.

The agreement of the central network of bank cards makes the reservation validated by the RENTER on the website. In the event of refusal by the central credit card network, CILS reserves the right to cancel the reservation.

During the payment transaction, the LESSEE is automatically connected to the server of the Payplug payment processing centre. Bank details, which are protected by encryption, do not pass through the CILS systems and are therefore not stored by CILS.

Article 12: Formation of the contract

The CONTRACT is formed when the RENTER has validated his/her reservation under the resolutive condition of SKIMIUM's confirmation of the availability of the PRODUCTS reserved and SKIMIUM's receipt of full payment of the reservation price by the RENTER.

SKIMIUM reserves the right to refuse a reservation for any request for PRODUCTS for dates when they are unavailable or for an abnormally high number of PRODUCTS taking into account SKIMIUM's stocks.

Article 13: Product reservation

SKIMIUM shall not be held responsible for delays in the availability of the PRODUCT(S) caused by reasons beyond SKIMIUM's control. This is the case in the event of delays in the return of PRODUCTS by previous RENTERS, changes in regulations, accidents causing deterioration of the PRODUCT(S), force majeure as defined in Article 24 of these General Rental Conditions, strikes, etc. SKIMIUM shall not be held responsible for any delays in the delivery of the PRODUCT(S) caused by reasons beyond SKIMIUM's control.

In the event of a stock shortage, SKIMIUM undertakes to supply the LESSEE with :

  • Firstly, PRODUCTS of superior quality and price;
  • Secondly, PRODUCTS of equivalent quality and price.

In the latter case, the PARTIES expressly acknowledge SKIMIUM's authority to assess the similarity in price and qualities between the unavailable PRODUCTS and the substitute PRODUCTS.

The LESSEE may refuse substitute PRODUCTS in the context of a "Guaranteed Model" only.

In this case, the booking will be cancelled and SKIMIUM cannot be held responsible.

Article 14: Removal of products

14.1 : Conditions of removal

14.1.1 Concerning the presentation of certain documents

As a guarantee for the execution of the CONTRACT, SKIMIUM reserves the right to make the rental subject to the presentation of certain documents such as an identity document and/or driving licence and/or proof of address less than three (3) months old.

In the same way, SKIMIUM imperatively requires the presentation of an identity document for the physical persons between fourteen (14) and seventeen (17) years old included at the time of the removal of the PRODUCT(S) at the shop.

The LESSEE expressly agrees that SKIMIUM may keep a copy of the documents presented.

14.1.2 Refusal of SKIMIUM to deliver the products

SKIMIUM reserves the right to refuse to deliver the PRODUCTS reserved for the LESSEE:

  • whose booking has not been paid for in accordance with Article 12 of these General Terms and Conditions of Rental;
  • >who has not provided all the supporting documents, or who has provided incomplete or non-compliant documents or documents that do not enable him or her to be clearly identified;

The PARTIES expressly agree that SKIMIUM cannot be held liable in this respect

14.2 : Terms of removal

14.2.1 Date of removal

The LEASER may collect the reserved PRODUCT(s) in accordance with the conditions indicated on the EXCHANGE VOUCHER, i.e. :

  • OOn the date on which the rental period begins or,
  • The day before from the time defined by the shop (information available on the shop page of the site, "Opening hours" tab) if the PRODUCT(S) is/are available at the shop of collection;

If the RENTER is late, he/she must inform the shop he/she selected when making the reservation. Indeed, if the PRODUCT(S) is/are kept by SKIMIUM for twenty-four hours (24h) from the date indicated on the EXCHANGE VOUCHER and corresponding to the start of the rental, after this period, the PRODUCT(S) is/are made available for a new rental without any compensation being due to the LEASER.

14.2.2 Place of removal

The RENTER is responsible for taking possession of the PRODUCT(S) and must therefore collect the reserved PRODUCT(S) from the shop he/she selected at the time of reservation, as shown on his/her EXCHANGE VOUCHER.

Article 15: Use of products

The LEASER undertakes to use the rented PRODUCT(S) with care and to take all necessary precautions to avoid damaging it.

The LEASER assumes physical and legal custody of the rented PRODUCT(S). In other words, the LEASER is entirely responsible for the reserved PRODUCT(S), from collection to return of the PRODUCT(S) to the shop selected at the time of reservation.

The LEASER declares that he/she has all the skills required for the use of the rented PRODUCT(S), and that he/she is in a position to judge whether his/her choices meet his/her needs.

The LEASER may only use the rented PRODUCT(S) for his own personal use. Under no circumstances may he sublet or even lend the PRODUCT(S) free of charge.

Article 16 : Booking modification

It is not possible to change the CLIENT wishes to change the dates, the equipment rented, the shop or the resort (provided that they remain in the same country of destination). Changes are made by the RENTER directly from their Skimium account.

Furthermore, the RENTER is informed of the fact that the price of the reservation may vary depending on the dates on which the PRODUCT(S) are rented. In the event that, following a change of rental date, the price is higher, the RENTER undertakes to pay the difference as soon as possible. Conversely, should the price be lower, SKIMIUM undertakes to reimburse the difference.

In case of modification, the initial discount is not guaranteed, prices and discounts depending on the period and store stocks.

Article 17: Return of products

17.1 : Terms of return

17.1.1 Return dates

The PRODUCT(S) must be returned :

  • On the date indicated on the EXCHANGE VOUCHER before the store closes;

17.1.2 Place of return

The LESSEE must return the PRODUCT(S) to the shop indicated on the EXCHANGE VOUCHER.

17.2 : Exceeding the contract period

The RENTER must respect the rental period and comply with the return date chosen at the time of booking.

If the PRODUCT(S) is (are) not returned within the time limits specified in article 18.1.1, the RENTER will be billed for any day in addition to the day indicated on the EXCHANGE VOUCHER at the rates displayed in the shop.

17.3 : Condition of the returned product

The PRODUCT shall be returned in good working order, i.e. without any modification other than normal wear and tear resulting from normal use of the PRODUCT(S) in accordance with their intended purpose.

The LEASER shall refrain from substituting any replacement equipment for the rented PRODUCT(S). The LEASER is informed that the PRODUCT(S) is/are numbered or marked and that it/they must be returned with the same number(s) and mark(s).

The PARTIES agree that the CONTROL will be carried out in an adversarial manner with the LESSEE and a competent SKIMIUM employee and/or representative.

17.3.1 If the PRODUCTS are not returned or are damaged

In the event that the PRODUCTS or part of the PRODUCTS are not returned or are damaged in such a way that they cannot be used, the LESSEE shall be liable for the amount corresponding to the new sale price (including VAT) of said products. This amount must be paid in full to the company managing the shop where the PRODUCTS were removed.

Article 18: Breakage/Theft cover

18.1 : Scope of the Guarantee

The LESSEE has the option of taking out the guarantee offered by SKIMIUM at the time of booking.

This guarantee covers :

  • Any damage that may occur to the reserved and reserved PRODUCT(S), whether :
    • Partial, i.e. requiring the intervention of a professional to make the PRODUCT fit for use;
    • Total, i.e. the PRODUCT has become unfit for use and cannot be repaired for more than the price of a new PRODUCT.
    • Any theft of part or all of one or more PRODUCT(S);

In the event of theft, the original police report must be submitted to SKIMIUM within forty-eight hours (48 h) of the loss being reported.

The price of the guarantee is €1.50 per day of RENTAL for the junior and baby packs, and €2 per day of RENTAL for the ADULT men's, women's and teen packs. The guarantee is taken out at the time of booking

18.2 : Declaration of the claim

Any incident must be notified by the LESSEE to the SKIMIUM shop within twenty-four hours (24 h) of its occurrence. The LESSEE undertakes to draw up a report of breakage or theft with the SKIMIUM shop.

18.3 : Limits of the Guarantee

The following are excluded from the SKIMIUM guarantee:

  • In the event of loss, omission or substitution of the PRODUCT(s);
  • Damage resulting from improper use of the rented PRODUCT(S);
  • Damage resulting from deliberate acts by the LESSEE or persons for whom he is responsible.

In these various cases, the LESSEE shall be obliged to reimburse the value of the PRODUCTS in full. This amount must be paid in full to the company managing the shop where the PRODUCT(S) were removed. If any supporting documents are missing, the application will be invalid and will not be processed.

Article 19: Ownership

The SKIMIUM shop remains the sole owner of the PRODUCTS, which may under no circumstances be donated, loaned, transferred, leased, subleased, made available free of charge or for a fee, or transferred in any way to a third party.

The LESSEE undertakes to ensure that the property rights of the SKIMIUM shop are respected throughout the duration of the CONTRACT.

Article 20: Legal right of withdrawal

In principle, the LESSEE has a period of fourteen days in which to exercise his right of withdrawal from a contract concluded at a distance, without having to give any reason for his decision or incur any costs other than those provided for in articles L. 121-21-3 to L. 121-21-5 of the French Consumer Code, from the day of :

  • On conclusion of the contract, in the case of contracts for the provision of services and those mentioned in Article L. 121-16-2 ;
  • On receipt of the goods by the consumer or a third party, other than the carrier, designated by the consumer, in the case of contracts for the sale of goods and contracts for the provision of services including the delivery of goods.

Article 21 : Cancellation and refund conditions

21.1 : Cancellation

The RENTER may, if he/she so wishes, cancel his/her reservation within fourteen (14) days of receiving the e-mail confirming the reservation. This right of cancellation may not be exercised if the rental has begun before the 14-day period has expired.

The booking will be reimbursed using the same means of payment as the one used by the RENTER when booking.

21.2 : Cancellation more than 14 days after the order date

Cancellation of the reservation is possible but must be made before the date on which the PRODUCT(S) is (are) collected.

Any early return or failure to take delivery of a product within this period, not justified by the specific cases listed below, will not give rise to any reimbursement. E.g.: on the day of my rental, I no longer wish to take the helmet I rented online, I will not be reimbursed.

Cancellation is free of charge up to 24 hours (i.e. 1 clear day) before the first day of rental and will result in full reimbursement of the booking, the Breakage/Theft guarantee if taken out and the booking fee. Total or partial cancellation is no longer possible from 0:00 on the first day of hire.

Example: My first day of skiing is on Sunday. I cancel up to Friday 11.59pm and receive a full refund.

My first day of skiing is on Sunday. I cancel on Saturday during the day, but my money will not be refunded.

After this deadline, no refund will be given for cancellations.

The booking will be reimbursed using the same means of payment as the one used by the RENTER when booking.

21.3 : Refunds

Accepted refunds

After removing the product :

In the event of illness or accident occurring during the rental period, only the PRODUCT(S) of the person using them will be reimbursed in proportion to the number of days used. Any RENTERS present on the reservation will not be reimbursed, even in the case of a reimbursed minor. This reimbursement is subject to the LESSEE sending a medical certificate (prescriptions and work stoppages are not accepted) and a certificate from the shop selected by the LESSEE when booking to :

La Compagnie Européenne des Loueurs de Skis: 424, Bureaux de la Colline - 92210 SAINT CLOUD - FRANCE for the LESSEE domiciled in France and skiing in France.

The Compagnie Internationale des Loueurs de Skis: Chemin de la Prairie 5 A - 1007 LAUSANNE - SWITZERLAND for the LESSEE domiciled outside France and skiing in France, for the LESSEE domiciled outside France and skiing outside France, for the LESSEE domiciled in France and skiing outside France.

No refund will be made for any rental day that has begun. Refunds will be made from the day after the date shown on the medical certificate.

In the event that the LESSEE terminates the CONTRACT before the expiry date, and after the PRODUCT(S) have been collected, the total amount of the rental shall automatically be retained by SKIMIUM.

Reimbursement is conditional on the LESSEE returning the PRODUCT(S) to the shop. Reimbursement may be delayed if the return dates do not correspond to the date shown on the receipt.

Weather conditions:

In the event of total closure of the ski area at the location of the shop selected at the time of booking due to bad weather conditions, the RENTER may request reimbursement of his booking on a pro rata basis for the number of days during which the ski area is closed.

This reimbursement is subject to the LESSEE sending proof from the company that manages the ski lifts in the ski area.

The Compagnie Européenne des Loueurs de Skis SKIMIUM: 1160 avenue Joseph Thoret 74190 Passy - FRANCE for the LESSEE domiciled in France and skiing in France.

The Compagnie Internationale des Loueurs de Skis SKIMIUM: 1160 venue Joseph Thoret - 74190 Passy MONT BLANC for the LESSEE domiciled outside France and skiing in France, for the LESSEE domiciled outside France and skiing outside France, for the LESSEE domiciled in France and skiing outside France

There will be no refund for any day's hire that has begun. In the event that the LESSEE terminates the CONTRACT before the expiry date, and after the PRODUCT(S) have been collected, the total amount of the rental shall automatically be retained by SKIMIUM.

Refused refunds

Strikes :

Skimium.com cannot under any circumstances be held responsible for strikes affecting any company (transport, ski lifts, etc.) and will not make any refunds on this ground.

Professional reasons

No refunds will be made for professional reasons

Transport

In the event of transport problems (accident, change of timetable, blocked roads, etc.), no refund will be made.

Obvious error

In the event of an error at the time of booking (dates, resort, shop), and in the event that free modification and/or cancellation is no longer possible, no refund will be made.

7ème days free of charge and sliding scale of charges

Some shops offer a 7ème day rental, but this will not be taken into account when calculating any refund..

In addition, as some shops offer a sliding scale of prices depending on the length of hire, this sliding scale will be automatically applied when calculating the refund.

Purchase of equipment in shop

When purchasing equipment in shop, Skimium.com cannot refund the same equipment rented.

Article 22: Legal guarantee against hidden defects

If, despite all the care that SKIMIUM takes with its PRODUCTS, the PRODUCT(S) delivered had a hidden defect, the LESSEE has additional legal rights under Articles 1721 et seq. of the French Civil Code.

Article 1721 of the Civil Code: The lessee is liable for all defects in the leased property that prevent its use, even if the lessor was unaware of them at the time of the lease. If these defects result in any loss for the lessee, the lessor is obliged to compensate him.

In accordance with Article 1721 of the Civil Code, SKIMIUM is liable for hidden defects in the rented PRODUCT(S) which render it (them) unfit for the use for which it (they) is (are) intended.

The rented PRODUCT(S) is (are) guaranteed under conditions of normal use.

The guarantees do not apply in the event of normal wear and tear of the rented PRODUCT(S), misuse or poor maintenance.

In the event of a hidden defect, the LESSEE shall be entitled to an identical replacement of the defective PRODUCT, subject to availability.

In the event that a replacement or repair is impossible, SKIMIUM undertakes to reimburse the rental price of the PRODUCT within 30 days of receipt of the PRODUCT returned by the RENTER to the address of the shop selected at the time of reservation.

Article 23: Liability

SKIMIUM cannot be held liable under any circumstances:

  • in the event of non-performance or poor performance of the contractual services for which the LESSEE is responsible;
  • in the event of use of the rented PRODUCT(S) that does not comply with its intended purpose.

SKIMIUM shall not be held liable for any indirect damage, operating loss, loss of profit, damage or costs that may arise as a result of the present.

The choice and rental of the PRODUCT(S) are the sole responsibility of the RENTER.

The total or partial inability to use one or more of the rented PRODUCTS, in particular due to incompatibility of equipment or lack of experience, can not give rise to any compensation, refund or call into question the responsibility of SKIMIUM, except in the case of a latent defect proven.

Finally, SKIMIUM cannot be held responsible or considered to have failed in its obligations for any delay or non-performance, when the cause of the delay or non-performance is linked to a case of force majeure as defined by the case law of the French courts and tribunals.

Failure to return the rented equipment, for whatever reason, will result in the renting shop invoicing the LESSEE. The value invoiced will be determined by the shop and will be available on the shop's rental sheet.

Article 24: Force majeure

SKIMIUM reserves the right to suspend, delay, modify or cancel the execution of the reservation in the event of the occurrence of events or circumstances of force majeure or fortuitous events or events or circumstances contractually assimilated to force majeure or fortuitous events even if they do not meet the legal definition such as: fire, work stoppage beyond the control of the company or any of its suppliers or subcontractors, flood, epidemic, war, requisition, strike, hurricane, tornado, earthquake, revolution, theft of all or part of the equipment, interruption or delay in transport, transport damage, shortage of raw materials, tooling accident, shortage of fuel or any other source of energy, as well as in the event of the occurrence of any circumstance or event beyond the control of SKIMIUM occurring after the conclusion of the contract and preventing its performance under normal conditions.

It is specified that, in such a situation, the LESSEE may not claim the payment of any compensation and may not bring any action against SKIMIUM.

In the event of the occurrence of any of the above events, SKIMIUM shall endeavour to inform the LESSEE as soon as possible.

Article 25: Complaints

Any written complaint by the LESSEE must be sent to the following address:

The Compagnie Européenne des Loueurs de Skis SKIMIUM: 1160 Avenue Joseph THORET - 74190 Passy MONT BLANC - FRANCE for the LESSEE domiciled in France and skiing in France.

The Compagnie Internationale des Loueurs de Skis SKIMIUM: 1160 Avenue Joseph THORET - 74190 Passy MONT BLANC - SWITZERLAND for the LESSEE domiciled outside France and skiing in France, for the LESSEE domiciled outside France and skiing outside France, for the LESSEE domiciled in France and skiing outside France.

Any complaint from the LESSEE sent by e-mail must be sent to the following address: service.client@skimium.com

In accordance with the provisions of the Consumer Code, the customer has the right to have recourse to the mediation service of the MEDICYS mediator.

The Ombudsman can be contacted by :

  • via its website: www.medicys.fr ;
  • by post: MEDICYS- Centre de médiation et règlement amiable des huissiers de justice- 73, Boulevard de Clichy, 75009 - Paris

Article 26: Personal data

In accordance with the French Data Protection Act of 6 January 1978, as amended by the Act of 6 August 2004, the LESSEE's personal data is collected by SKIMIUM for the purposes of managing reservations and invoices.

By making a reservation, the LESSEE authorises SKIMIUM to use the personal data provided by the LESSEE to manage reservations and invoices.

In this respect, the LESSEE is informed that this data may, for management purposes, be communicated to the companies in charge of invoicing and other SKIMIUM partners.

SKIMIUM undertakes not to distribute its customer file to third parties.

The LESSEE's data is kept confidential by SKIMIUM for the purposes of the CONTRACT, its execution and in compliance with the aforementioned law.

In this respect, the LESSEE has the right to access, modify, rectify and delete any personal information collected by SKIMIUM at any time.

To exercise this right, the LESSEE may either send an e-mail to service.client@skimium.com , or send a letter to the following address :

CLS - SKI COMPANY SKIMIUM Service Données Personnelles 424, Bureaux de la Colline 92210 SAINT CLOUD - FRANCE

It is specified that the LESSEE must be able to prove his identity, either by scanning an identity document or by sending SKIMIUM a photocopy of his identity document.

Article 27: Archiving of the contract

Any CONTRACT concluded with the LESSEE corresponding to a reservation for an amount greater than 120 euros inclusive of tax will be archived by SKIMIUM for a period of ten (10) years in accordance with Article L. 134-2 of the French Consumer Code.

To access the CONTRACT, the LESSEE may make a request either by e-mail to service.client@skimium.com or by post to the following address:

La Compagnie Européenne des Loueurs de Skis: 424, Bureaux de la Colline - 92210 SAINT CLOUD - FRANCE for the LESSEE domiciled in France and skiing in France.

The Compagnie Internationale des Loueurs de Skis: Chemin de la Prairie 5 A - 1007 LAUSANNE - SWITZERLAND for the LESSEE domiciled outside France and skiing in France, for the LESSEE domiciled outside France and skiing outside France, for the LESSEE domiciled in France and skiing outside France.

Article 28: General provisions

The fact that one of the PARTIES has not required the application of any clause of the CONTRACT, whether permanently or temporarily, shall in no case be considered as a waiver of the said clause.

The CONTRACT does not confer any exclusivity on the LESSEE with regard to the provision of services or quality guarantees.

If any of the provisions of the CONTRACT should be null and void under a legislative or regulatory provision in force and/or a court decision having the force of res judicata, it shall be deemed unwritten but shall in no way affect the validity of the other provisions, which shall remain fully applicable.

In such a case, the PARTIES will come together to agree on a new provision to replace the one declared null and void, it being understood that the new provision will have to respect as much as possible the spirit and the economic impact on the PARTIES of the replaced provision.

Article 29: Applicable law - Jurisdiction

The contract and any reservation made on the site and processed by CELS under the conditions set out in article 8 of the general terms and conditions are subject exclusively to French law. In the event of a dispute, the French courts shall have sole jurisdiction.

The contract and any reservation made on the site and processed by CILS under the conditions set out in article 8 of the general conditions are subject exclusively to Swiss law. In the event of a dispute, only the Swiss courts will be competent.

Article 30: Privacy Policy

Access SKIMIUM's Privacy Policy.

General terms and conditions of rental 2023 / 2024

If Internet users wish to exercise their right of withdrawal in accordance with the conditions set out in article 21, they may use the form below:

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To the attention of Skimium.com,

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

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

Booked on :

Reservation number RENTAL :

Station name :

Name of the renting store :

- Name of the tenant who placed the order :

- Address of the tenant who placed the order :

Signature of the tenant if this form is notified on paper :

Notification address :

by post: Skimium.com - 1160 avenue Joseph Thoret - 74190 Passy Mont Blanc - France

by e-mail: cutomerservice@skimium.com

In case of disagreement, the General Rental Conditions in French are authentic and serve as a basis of reference.