CELS General conditions for rental

CELS General Conditions for Rental

These General Conditions for Rental (GCR) and their APPENDICES govern the rental conditions for the www.netski.com website and apply to any RENTAL service order placed with NETSKI by a private individual residing in France and for whom the RENTAL services of ARTICLES take place and are performed in mainland France. All other Customers who do not meet with this twofold condition are asked to consult the GCR applicable with CILS by clicking on the link below: CILS General Conditions for Rental.

They are agreed between:

La société La Compagnie Européenne des Loueurs de Ski (hereinafter referred to as CELS), a simplified joint-stock company with share capital of 100,000 Euros, registered with the NANTERRE Trade and Companies Registry under the number 877 610 923, whose intra-community VAT number is: FR 96 877610923, whose registered office is located at 424 Bureaux de la Colline - 92210 SAINT-CLOUD - FRANCE, and whose legal representatives are Mr Julien Gauthier et Mr Denis Marinho, Managing Directors;

Hereinafter referred to as “NETSKI” and/or “CELS”

Of the first part,

And

The RENTER, a consumer located in the TERRITORY

Hereinafter referred to as “RENTER” and/or the “CUSTOMER”

Of the second part,

The RENTER and NETSKI shall be referred to together as the “PARTIES” and individually as a “PARTY”.

ANY ORDER PLACED WITH NETSKI BY THE RENTER IMPLIES UNRESERVED ACCEPTANCE BY THE RENTER OF THESE GENERAL CONDITIONS FOR RENTAL AND THEIR APPENDICES.

Article 1: Definition

The terms used below in these general conditions for rental have the following meaning:

• “VOUCHER”: refers to the document which the RENTER uses to collect the ARTICLE(S) ordered from a NETSKI partner shop and which attests to complete payment of the ORDER;
• “ORDER”: refers to the operation by which the RENTER chooses the ARTICLES, the rental period, the collection point, the payment method and makes payment;
• “ACCOUNT”: refers to the interface in which all the information provided by the RENTER is stored. These data include information concerning the RENTER such as their E-mail address, the status of their transactions, the ARTICLES rented on the WEBSITE, their shoe size, weight and height. Please note that an ACCOUNT cannot be transferred to a third party;
• “AGREEMENT”: refers to the contractual relation by which the parties are bound and which is governed by these General Conditions for Rental and the appendices, the INVOICE and any additional clause subsequently signed by the PARTIES;
• “INVOICE”: refers to the contractual document communicated by NETSKI on which the final price of the ORDER appears;
• “RENTER”: refers to NETSKI'S contracting party, a competent individual who has reached the age of majority and who can be qualified as a consumer as defined by French law and case-law;
• “RENTAL”: refers to the rental service of ARTICLES via the www.netski.com Website;
• “STANDARD OFFER”: refers to the offer by which NETSKI proposes an ARTICLE to the RENTER from a category of ARTICLES listed on the WEBSITE according to their designation or specific nature, or the age of the user, such as:
  • PLUS / NETSKI.COMFORT/ECO/EXCLUSIVE for men, women;
  • TEEN / NETSKI.KID/BABY for children and teenagers;
• “PACK”: refers to the rental of a pair of skis and a pair of ski boots, including poles, or a pair of boots and a snowboard;
• “REFERENCE PRICE”: this terms refers to the “original price” as defined by article L. 112-1-1, I, of the French Consumer Code;
• “ARTICLES”: refers to the rental of either
  • a pair of skis, including poles, with or without a pair of ski boots
  • or a snowboard with or without a pair of boots,
  • or any other equipment offered for online rental.
• “OPTIONS”: refers to the possibility to choose an additional service. OPTIONS are only offered in some NETSKI shops. The RENTER may select options by ticking the appropriate box before confirming the ORDER. The following OPTIONS may be offered to the customer upon his/her booking:
  • STORAGE: Possibility to leave the skis in the shop, in ski racks or lockers overnight during the rental period;
  • DELIVERY: Possibility to have the skis delivered to the place and at the time chosen (within the limit of the geographical conditions and times imposed by the shop);
  • PERFORMANCE: Possibility of upgrading the equipment of the NETSKI.TEEN and NETSKI.KID PACKS;
• “WEBSITE”: refers to the Website available at the address https://www.netski.com/en on which the RENTER can view the ARTICLES, place an order for the Rental of ARTICLES and pay for the RENTAL;
• “TERRITORY”: refers to Metropolitan France.

Article 2: Purpose of the contract

The purpose of these General Conditions for Rental is to specify the respective rights and obligations of the RENTER and NETSKI in relation to the RENTAL of the ARTICLES on the WEBSITE.

These General Conditions for Rental, the indications on the VOUCHER, those on the ORDER when it is accepted by NETSKI, as well as the related INVOICE constitute the only contractual agreements between NETSKI and the RENTER.

The RENTER is hereby clearly informed and acknowledges that the WEBSITE is intended for consumers and that professionals should contact the NETSKI sales department in order to benefit from different contractual conditions.

When accessing and using the WEBSITE, the RENTER agrees and undertakes to respect the following conditions:

• Legal Capacity and Minimum Age: be at least 18 years old and have the legal capacity required to enter into an agreement and respect all legal obligations.
• Proper Use: use the WEBSITE exclusively in accordance with these GCR, and only for personal purposes in order to identify the legitimate rental possibilities of skis and winter sports equipment.
• Liability in the event of Use on behalf of a third party: Where the RENTER uses the WEBSITE on behalf of a third party, the RENTER undertakes to inform this person of these GCR, and of all rules and restrictions applicable to the services booked in the latter's name.
• Accuracy of Information Provided: ensure that all information provided by the RENTER on the WEBSITE is authentic, accurate and up-to-date.
• Account Security: If the RENTER has an account on the website, the latter is required to ensure the security of the information of his/her account and to monitor any activity regarding his/her account, bearing full responsibility for the actions performed by himself/herself or any other person.
• Right of Refusal: We reserve the right to refuse access to the WEBSITE and to our services for any person who does not respect all of these GCR and therefore to cancel any Services without indemnity.
• Cooperation: The RENTER undertakes to cooperate with all anti-fraud/anti-money laundering inspections that we must perform.

Article 3: Characteristics of the General Conditions for Rental

These General Conditions for Rental do not, under any circumstances, grant the RENTER with the capacity of employee, proxy, agent or representative of NETSKI.

Moreover, the PARTIES hereby declare that these General Conditions for Rental cannot under any circumstances be considered as a declaration of legal status of any legal person or entity, and that any form of “affectio societatis” is formally excluded from their relations.

Article 4: Acceptance and modification of the General Conditions for Rental

The RENTER undertakes to read through these GCR carefully and to agree to them, before paying for any ORDER placed on the WEBSITE.

These General Conditions for Rental are systematically communicated to any RENTER and may be accessed at the bottom of each page of the WEBSITE through a link and should be consulted before placing an order. The RENTER is asked to carefully read, download and print the General Conditions and to keep a copy of them.

NETSKI recommends that the RENTER reads the General Conditions for each new ORDER. The latest version of the said Conditions is applicable to all new ORDERS.

By clicking on the first button to place the ORDER then on the second to confirm the said ORDER, the RENTER acknowledges having read, understood, and agreed to the General Conditions without restriction or condition.

The General Conditions for Rental are applicable for the entire period during which the ARTICLES are online and will prevail, where appropriate, over any other contradictory version or document. These conditions apply with the exclusion of all other conditions, and in particular those applicable for other marketing circuits for the RENTAL of Articles.

NETSKI may amend them at any time. These modifications are effective immediately after they are placed on the WEBSITE.

Only the General Conditions for Rental published the day of the ORDER are applicable to them. They are brought to the knowledge of the RENTER and agreed to by them at the time of the ORDER.

Article 5: Account

Placing an ORDER presupposes the creation of an ACCOUNT for processing the ORDER and therefore the required agreement with the General Conditions of the WEBSITE.

In accordance with the regulations in force, the Customer has the right, at any time, to access, rectify, object to, erase and request the portability of all of the personal data about him/her, in particular held in his/her account, by writing, by post, and giving proof of identity, to

Article 6: The parties' obligations

6.1: The renter's obligations

In order to enable NETSKI to respect its obligations in the best possible conditions, the RENTER undertakes to:

• Pay the price of the ORDER, according to the chosen payment method;
• Comply with all the applicable laws and rules as well as these General Conditions for Rental;
• Notify NETSKI of any information of which he/she might have knowledge and which might have an impact on the performance of the AGREEMENT between the Parties;
• Provide the VOUCHER when collecting ARTICLES.

6.2: NETSKI's obligations

NETSKI agrees to do everything in its power to rent out the ARTICLES in accordance with the conditions stipulated in these General Conditions for Rental.

Article 7: The Articles

Every effort is made to ensure that the pictures of the ARTICLES that appear on the WEBSITE represent the original ARTICLES.

Nevertheless, please remember that NETSKI rents out ARTICLES and does not manufacture them. Therefore, NETSKI is not responsible for differences over which it has no control or for minor differences.

The RENTER may reserve the following categories of ARTICLES indicated on the WEBSITE:

• The “NETSKI.ECO OFFER” which offers the RENTER:
  • An exclusive selection of recent models of skis at a reasonable price;
  • The assurance for the renter of being provided with an article from a superior model in case the selected ARTICLE is not available, or at least to have the benefit of a model that is equivalent to the one they ordered.
• The “NETSKI.COMFORT OFFER” which offers the RENTER:
  • An exclusive selection of recent models of skis, suitable for beginner-intermediary level;
  • The assurance for the renter of being provided with an article from a superior model in case the selected ARTICLE is not available, or at least to have the benefit of a model that is equivalent to the one they ordered.
• The “NETSKI.PLUS OFFER” which offers the RENTER:
  • An exclusive selection of recent models of skis, suitable for Intermediary-Experienced level;
  • The assurance for the renter of being provided with an article from a superior model in case the selected ARTICLE is not available, or at least to have the benefit of a model that is equivalent to the one they ordered.
• The “NETSKI.EXCLUSIF OFFER” which offers the RENTER:
  • An exclusive selection of recent models of skis, suitable for Experienced-Expert level;
  • The guarantee for the renter of being provided with an article that is equivalent to the one they ordered if the selected ARTICLE is not available.
• The “NETSKI.TEEN OFFER” which offers the RENTER:
  • An exclusive selection of models of recent and high-performance skis for teenagers;
  • The possibility of having more technical skis with the Performance OPTION.
• The “NETSKI.KID OFFER” which offers the RENTER:
  • An exclusive selection of models of recent and high-performance skis for children;
  • The possibility of having more technical skis with the Performance OPTION.
• The “NETSKI.BABY OFFER” which offers the RENTER:
  • An exclusive selection of models of recent and high-performance skis for young children.

NETSKI cannot guarantee the return of the equipment by the previous renters, or anticipate the state of the articles which may be damaged, lost or stolen. This is why, as far as possible, NETSKI undertakes to endeavour to provide the renter with an article from a superior model if he/she cannot obtain the model that he/she ordered online.

Article 8: Order

8.1: Conditions for placing an order

The RENTER must be at least eighteen (18) years old and have the legal capacity required to place and respect all ORDERS, or must have authorisation to place and respect all ORDERS and be able to provide proof at any time of this, upon simple request by NETSKI.

The RENTER shall be asked to provide information that enables their identification by completing the form available on the WEBSITE. The (*) sign indicates the required fields which must be completed for the RENTER's order to be processed by NETSKI. The RENTER can verify the status of their order on the WEBSITE. The information that the RENTER provides to NETSKI at the time of an order must be complete, precise and updated. NETSKI reserves the right to ask the RENTER to confirm, by any appropriate means, his/her identity, eligibility and the information provided.

8.2: The ordering process

ORDERS are placed directly on the WEBSITE. To place an ORDER, the RENTER must follow the steps below (however, please note that according to the RENTER's startup page, the steps might be slightly different).

To place an ORDER, the RENTER must follow the instructions below:

• Choose the resort and then the shop where the ARTICLE(S) will be collected;
• Select the desired duration of rental;
• Choose the desired ARTICLE(S) with or without ski boots according to the level of experience and the intended use;
• Choose whether he/she wishes to have the “Breakage/Theft” guarantee;
• Indicate his/her height, weight and shoe size, if necessary, so that the equipment can be prepared ahead of time;
• Read and Agree to these General Conditions for Rental before validating the ORDER.

After validating the ORDER, if this has not yet been done, the RENTER must create an account by completing a form or entering his/her login information.

The RENTER agrees to carefully read the ORDER summary, which he/she can alter at any time before clicking on the “Proceed with payment” button.

The RENTER then chooses his/her payment method and proceeds with payment. The RENTER may be sent to a secured payment platform that enables online payment.

Upon confirmation by the RENTER, the ORDER shall be sent to NETSKI for processing. NETSKI shall send an acknowledgement of receipt by e-mail to the RENTER, on receipt of the ORDER.

The RENTER shall receive an e-mail informing them whether or not the reservation and availability of the selected ARTICLE(S) were confirmed. If the availability of the ARTICLES is confirmed, if applicable, NETSKI shall send the RENTER an e-mail confirming the ORDER with:

• A VOUCHER on which the following are indicated:
  • the date and time of collection of the ARTICLE;
  • the date and time of return of the ARTICLE;
  • the list of ARTICLES or CATEGORIES rented and their characteristics;
  • the options chosen;
  • the shop where the ARTICLE is to be collected;
• These General Conditions for Rental on a durable legible medium.

The RENTER will show his/her VOUCHER, in the form of an e-mail, reservation number or QR code, which he/she must show to the shop from which he/she collects his/her ARTICLE(S).

Regardless of the method of ORDER, ORDERS cannot be conditional: they are final.

It is hereby specified that no ORDER may be taken into account if it is not immediately followed by the corresponding secured payment by bank card or by any other means of payment proposed on the WEBSITE.

NETSKI accepts no liability concerning the choice of ARTICLES, the number of ARTICLES and the duration of rental chosen by the RENTER if they do not correspond with the RENTER's expectations or needs.

It is possible that the equipment booked will not be available on the day before your first day. The rental company undertakes to make it available as from the following morning, i.e., the first day of the rental.

Any order placed on the https://www.netski.com/en, website constitutes the creation of an agreement entered into remotely between the Customer and NETSKI.

NETSKI reserves the right to cancel or to refuse any order from a Customer with whom there is a dispute regarding the payment of a previous order.

NETSKI undertakes to endeavour to provide the services ordered by the Customer, in accordance with an obligation of means and within the time limits set forth above.

Article 9: Price

The RENTAL offered by NETSKI is provided to the RENTER in return for a price.
The prices indicated on the WEBSITE may change, notably in case of special offers and sales.

The applicable price for the RENTER is that shown on the WEBSITE at the time of the finalisation of the AGREEMENT, taking into account the category of equipment reserved as well as the number of days of rental, and if applicable, including the cost of the “Breakage/Theft” guarantee (option), unless there is an obvious error in the posting of the price of the ARTICLE (Ridiculous price).

Prices are indicated in Euros (€) including tax and including the French VAT at the applicable rate on the day of finalisation of the AGREEMENT.

Prices given in currencies other than Euros are provided for information only, and as far as possible, take into account the rate of exchange. This indication does not constitute a commitment at any moment.

The ORDER is payable in Euros.

The total amount of the ORDER appears at the second stage of the process of placing the ORDER.

In accordance with the provisions of article L. 112-1-1 of the French Consumer Code, where the prices indicated on the WEBSITE are involved in special offers, the discount indicated is calculated according to the REFERENCE PRICE, which is shown on the discount announcement.

The REFERENCE PRICE is the lowest price applied on the WEBSITE in relation to all consumers over the 30 days preceding the discount announcement, including a reduced price where appropriate, and for the rental involved in the special offer. The discount percentage indicated applies to this REFERENCE PRICE as defined.

In the event of successive discounts for a given rental, the REFERENCE PRICE is the lowest price applied in relation to all consumers over the 30 days preceding the first discount.

9.1: Administrative fees

For each ARTICLE ordered, NETSKI applies €1 in administrative fees.

Article 10: Invoicing

The RENTER will be invoiced at the rate applicable on the day the AGREEMENT is finalised.

The invoice shall include the details of:

• the price of each ARTICLE ordered;
• the amount of the “Breakage/Theft” guarantee;
• the amount of the administrative fees
• the amount of taxes.

The acknowledgement of receipt of the ORDER that NETSKI sends to the RENTER by e-mail does not constitute an INVOICE.

The RENTER will be able to download the invoice for the order using his/her netski.com account. Please note that the invoice may not be amended in any event; it includes the initial data indicated by the RENTER upon the creation of his/her NETSKI account.

Article 11: Payment

11.1: Payment date

The RENTER proceeds with payment at the end of the ORDER.

11.2: Payment methods

RENTERS are reminded that CELS offers rental services exclusively to RENTERS who reside and ski in France.

The RENTER may pay CELS by bank card.

Secured payment by CELS bank card

CELS has signed a service agreement with Payplug concerning e-commerce called “Payplug Service”.

This agreement is aimed at ensuring all of the functions required for managing a payment service and for the secured acquisition of payment on the Internet.

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

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

Financial costs (bank charges related to the exchange rate, banking commission for payments made outside the territory where the card was issued, other banking commissions, etc.) that might be related to payments by bank card shall remain the RENTER'S responsibility. These expenses correspond to costs deducted exclusively by the RENTER's banking institution, if any, as a result of using the bank card. It is reminded by Netski that these bank costs are not intended for it and cannot therefore be refunded to the RENTER.

Acceptance by the central bank card network makes the ORDER that was validated by the RENTER on the Website effective. In the event of refusal by the central bank card network, CELS reserves the right to cancel the reservation.

When making a payment, the RENTER is automatically connected to the Payplug's payment processing centre server. Bank data, protected by encryption, do not transit through CELS' systems and are therefore not stored by them.

Payments made by the Customer are only considered as received after actual collection by NETSKI of the amounts owed.

Moreover, the Seller reserves the right, in the event of lack of respect of the payment terms indicated above, to suspend or cancel the RENTAL services ordered by the Customer and/or to suspend the performance of its obligations.

Article 12: Forming the agreement

The AGREEMENT is formed when the RENTER has validated his/her ORDER under the resolutive condition of confirmation by NETSKI of the availability of ARTICLES ordered and receipt by NETSKI of complete payment of the cost of the ORDER from the RENTER.

NETSKI reserves the right to refuse any ORDER for any request concerning ARTICLES for dates when they are unavailable or for an abnormally high number of ARTICLES considering NETSKI's stocks.

Article 13: Reserving articles

NETSKI undertakes to guarantee, whenever possible, the reservation of ARTICLE(S).

Indeed, NETSKI cannot be held responsible for any delays in handing over the ARTICLE(S), which are due to reasons beyond NETSKI's control. This is the case for any delay in the return of ARTICLES by the previous RENTERS, changes in the regulations, accidents resulting in ARTICLE damage, force majeure as defined in article 24 of these General Conditions for Rental, strikes, etc.

In case of stock outage, NETSKI agrees to provide the RENTER with:

• In the first place, ARTICLES of a higher quality and price;
• In the second place, ARTICLES of an equivalent quality and price;

In the latter case, the PARTIES specifically acknowledge NETSKI's capacity to assess the similarity of the price and qualities of the unavailable ARTICLES and the substitution ARTICLES.

Article 14: Collecting articles

14.1: Terms and conditions for collecting articles

14.1.1 Concerning the presentation of certain documents

As a guarantee of the performance of the AGREEMENT, NETSKI reserves the right to make the rental subject to the presentation of certain documents such as an identification card and/or driver's licence and/or proof of domicile of less than three (3) months.

The RENTER specifically agrees that NETSKI can keep a copy of the documents presented.

14.1.2 Refusal by NETSKI to hand over articles

NETSKI reserves the right to refuse to hand over ARTICLES ordered to the RENTER:

• for which payment of the ORDER has not been made in compliance with article 12 of these General Conditions for Rental;
• who has not provided all the documents of proof, or has provided incomplete documents, or ones that are non-conforming or that do not make it possible to identify the customer clearly.

The PARTIES specifically agree that NETSKI cannot be held liable in this respect.

14.2: Collection methods

14.2.1 Collection date

The RENTER can collect the ARTICLE(s) ordered under the conditions indicated in the VOUCHER; i.e.:

• The date on which rental starts or,
• The day before, as of 5 pm if the ARTICLE(S) is (are) available in the shop where it (they) is (are) to be collected:

In case the RENTER is late, the shop selected at the time of the ORDER must be notified. Indeed, if the ARTICLE(S) is (are) kept by NETSKI for twenty-four hours (24h) as of the date indicated on the VOUCHER and which corresponds with the start of rental, beyond this deadline the ARTICLE(S) shall be made available for rental again without any compensation being due to the RENTER.

14.2.2 Place of collection

Collection of ARTICLE(S) is the RENTER'S responsibility. Consequently, the RENTER must collect the ARTICLE(S) ordered at the shop they selected when placing the ORDER and as it appears on the VOUCHER.

Article 15: Use of articles

The RENTER agrees to use the rented ARTICLE(S) with care and to take all necessary precautions to avoid damage.

The RENTER assumes legal and material custody and control of the ARTICLE(S) rented. In other words, from collection to return of the ARTICLE(S) to the shop chosen upon the ORDER, the RENTER is entirely responsible for the ARTICLE(S) ordered.

The RENTER declares having all the skills required for use of the ARTICLE(S) rented, and being able to judge the adequacy of his/her choice for his/her needs.

The RENTER can only use the ARTICLE(S) rented strictly for personal use. He/she is, under no circumstances, authorised to sub-rent or even lend the ARTICLE(S) free of cost.

Article 16: Modification in rental dates

Any request for change in the collection and/or return dates of the ARTICLES can be made by the RENTER using his/her ACCOUNT up until the day before the initially scheduled date.

NETSKI reserves the right to refuse the change requested by the RENTER, without having to provide any justification.

Article 17: Returning articles

17.1: Return methods

17.1.1 Return dates

The return of ARTICLE(S) must be:

• On the date indicated on the VOUCHER before the shop closes;
• At the latest, before 10 am (local time) the following day at the end of rental as indicated on the VOUCHER.

17.1.2 Place of return

The RENTER must return the ARTICLE(S) to the shop indicated on the VOUCHER.

17.2: Exceeding the agreement deadline

The RENTER must comply with the duration of rental and the date of return that he/she chose when the ORDER was placed.

Failing the return of the ARTICLE(S) within the deadlines mentioned in article 18.1.1, any day in addition to the date indicated on the VOUCHER shall be invoiced to the RENTER according to the rates displayed in the shop.

17.3: Condition of the returned article

The ARTICLE should be returned in good functioning condition, i.e. without any change beside that of normal wear resulting from normal use of the ARTICLE(S) as is intended.

The RENTER shall abstain from replacing the ARTICLE(S) rented by any other equipment whatsoever. The RENTER is hereby informed that the ARTICLE(s) is (are) numbered or marked and that it (they) must be returned with the same numbers and the same mark.

The PARTIES agree that the VERIFICATION shall be carried out in the presence of the RENTER and an employee and/or authorised NETSKI representative.

17.3.1 In the event that the ARTICLE(S) is (are) not returned or is (are) damaged

If the ARTICLE(S) or a part of the ARTICLE(S) is (are) not returned or is (are) damaged, preventing their use, the RENTER shall be liable for the amount corresponding to the value of new articles. This amount should be paid in full to the company managing the shop where the ARTICLES were collected.

Article 18: “Breakage / Theft” Guarantee

18.1: Guarantee period

At the time of the ORDER, the RENTER has the opportunity to subscribe to the guarantee proposed by NETSKI.

This guarantee covers:

• any damage that might occur to the ARTICLE(S) ordered and reserved, whether:
• partial, i.e. which requires professional action to make the ARTICLE fit for use;
• total, i.e. the ARTICLE has become unfit for use and cannot be repaired for less than the price of a new ARTICLE.
• any theft of a part or all of one of the ARTICLE(S);

With regards to cases of theft, the original declaration established by the police station or gendarmerie must be provided to NETSKI within forty-eight hours (48 hrs) following the declaration.

18.2: Declaration of an accident

The RENTER must notify the NETSKI shop within twenty-four (24) hours of occurrence of the incident. The RENTER agrees to draw up a statement of breakage or theft with the NETSKI shop.

18.3: Guarantee Limits

The following are excluded from the NETSKI guarantee:

• Cases of loss, forgetting, substitution of the ARTICLES;
• Cases of damage resulting from non-compliant use of the ARTICLE(S) rented;
• Cases of damage resulting from deliberate acts by the RENTER or persons for whom they are responsible.

In these cases, the RENTER shall be required to reimburse the total value of the ARTICLES. This amount should be paid in full to the company managing the shop where the ARTICLE(S) was (were) collected.

Article 19: Ownership

The NETSKI shop is the sole owner of the ARTICLES which, under no circumstances, may be donated, lent, transmitted, rented, sub-rented, made available free of cost or with payment or transferred to any third party whatsoever.

The RENTER agrees to respect the NETSKI shop's ownership rights for the duration of the AGREEMENT.

Article 20: Legal right of retraction

In principle, the RENTER has fourteen days to exercise his/her right of withdrawal from an agreement entered into remotely without having to justify the decision or bear costs other than those provided in articles L. 121-21-3 to L. 121-21-5 of the French Consumer Code starting from the day:

• Of finalisation of the agreement, for service agreements and those mentioned in Article L. 121-16-2;
• Of receipt of the goods by the customer or a third party other than the carrier, designated by them, for agreements for sales of goods and agreements for services including the delivery of goods.

Article 21: Conditions for cancellation

21.1: Cancellation within the deadline of 14 days after the order

The RENTER can, if they so desire, cancel their ORDER within fourteen (14) days as of receipt of the e-mail confirming the ORDER. This right to cancel cannot be exercised if rental has started before expiry of the deadline of fourteen (14) days.

Reimbursement of the ORDER shall be made by the same method of payment as the one used by the RENTER when the ORDER was placed.

21.2: Cancellation after the deadline of 14 days after the order

Cancellation of the ORDER is possible but must be done before the date when the ARTICLE(S) is (are) to be collected.

Cancellations are without charge up to 24 hours (i.e., 1 clear day) before the first day of rental and will entail the refund of the whole ORDER, the Breakage / Theft insurance if taken out, and the administrative fees. Total or partial cancellation will not be possible as from the first day of the rental (23:59).

Example (1): My first day of skiing is Sunday. If I cancel before Friday 23:59, I will be fully refunded.

Example (2): My first day of skiing is Sunday. If I cancel on Saturday in the daytime, I will not be refunded.

After this period, the cancellation of the ORDER will not be refunded.

Reimbursement of the ORDER shall be made by the same method of payment as the one used by the RENTER when the ORDER was placed.

21.3: Amendment and refund

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

Any rental day commenced will not be subject to a refund.

If the RENTER terminates the AGREEMENT before expiry, and subsequent to the collection of the ARTICLE(S), the total amount of the rental still rightfully belongs to NETSKI.

Weather conditions:

In the event that the ski area where the shop is located, chosen at the time of the ORDER, is entirely closed due to bad weather, the RENTER can request the refund of his/her ORDER in proportion to the number of days during which the ski area is closed.

This refund is on condition that the RENTER sends a document of proof from the company that manages the ski lifts in the ski area.

La Compagnie Européenne des Loueurs de Skis: 424, Bureaux de la Colline - 92210 SAINT-CLOUD - FRANCE.

Any rental day commenced will not be subject to a refund.

If the RENTER terminates the AGREEMENT before expiry, and subsequent to the collection of the ARTICLE(S), the total amount of the rental still rightfully belongs to NETSKI.

Other situations:

• Strikes: NETSKI may not be held liable, in any event, for the consequences of strikes affecting a company (transport, ski lifts, etc) or access routes to the ski resorts and will not make any refund based on these grounds.
• Professional reasons: no refund will be made for professional reasons preventing the RENTER from collecting all or part of his/her ORDER.
• Transport: in the event of a problem experienced by the RENTER (accidents, change of timetable, closed roads, etc.), no refund of the order will be provided.
• Clear mistake: in the event of a mistake upon the booking (date, resort, store) and in the event that the amendment and/or free cancellation is no longer possible, no refund will be made.
• 7th day free of charge and decreasing prices over time: as the 7th day of rental is provided free of charge when placing the ORDER on NETSKI, it will not be taken into account for any refund. Moreover, as some stores apply decreasing prices depending on the rental period, this same decreasing price will be automatically applied when calculating the refund.
• Purchase of equipment in stores: when purchasing equipment in a store, NETSKI may not provide a refund for the same equipment rented.

Article 22: Legal guarantee and legal warranty against hidden defects

22.1: Legal Guarantee

NETSKI provides a guarantee to the Customer for any lack of compliance in the Services ordered, in accordance with the legal provisions and without additional payment.

The RENTAL services provided via the NETSKI website (www.netski.com) comply with the regulations in force in France.

The Seller cannot be held liable in the event of lack of respect of the legislation of the country in which the services are provided, which the Customer, exclusively responsible for choosing the Services requested, must check.

In the event of lack of compliance, the Customer may demand that the faulty Services be made compliant, the free provision of a new Service that complies or, otherwise, a discount or the cancellation of the sale, in accordance with legal conditions.

The Customer may also suspend the payment of all or part of the price or the provision of the benefit stipulated in the agreement until the Seller has met with the obligations incumbent on it in light of the legal conformity guarantee, in accordance with 1219 and 1220 of the French Civil Code.

The Customer is also responsible for requesting that the Seller ensures the compliance of the faulty services or provides a new compliant Service free of charge. The compliance of the faulty Service will take place within a period of less than thirty days further to the Customer's request.

If the compliance requested is not possible or entails disproportionate costs in accordance with the conditions set forth in article L. 217-12 of the French Consumer Code, the Seller may refuse it. If the conditions stipulated in article L. 217-12 of the French Consumer Code are not met, the Customer may, after formal notice, claim the enforced application in kind of the solution initially requested, in accordance with articles 1221 and thereafter of the French Civil Code.

Finally, the Customer may request a discount or the cancellation of the sale (unless the lack of compliance is minor) in the situations stipulated in article L. 217-14 of the French Consumer Code.

Where the lack of compliance is so serious that it justifies a discount or the immediate cancellation of the sale, the Customer will not be required, first of all, to claim the compliance of the faulty Services or the provision of a new compliant Service free of charge.

The discount is in proportion to the difference between the value of the Service provided and the value of this service without lack of compliance.

In the event of cancellation of the sale, the Customer will be refunded the price paid within the following fortnight, using the same method of payment as that used by the Customer for the payment, unless the latter specifically agrees otherwise and, in any event, without any additional cost.

The provisions above will not have any effect on any allocation of compensation to the Customer, due to the prejudice caused to the latter further to the lack of compliance.

22.2: Legal warranty against hidden defects

If, despite the care that NETSKI takes of its ARTICLES, the ARTICLE(S) delivered has (have) a hidden defect, the RENTER has additional legal rights according to Articles 1721 and thereafter of the French Civil Code.

Article 1721 of the French Civil Code: The lessee is due a guarantee for any defects or faults in the ARTICLE rented that prevent its use, and even if the lessor has no knowledge at the time of the lease. If these defects or faults result in a loss for the lessee, the lessor is responsible for compensating the lessee”.

In compliance with Article 1721 of the French Civil Code, NETSKI is responsible for hidden defects in the ARTICLE(S) rented which make it (them) unfit for the intended use.

It is hereby specified that the ARTICLE(S) rented is (are) guaranteed under conditions of normal use.

Guarantees are not applicable in case of normal wear of the ARTICLE(S) rented, incorrect use or poor maintenance.

The Customer may decide to implement the warranty against hidden defects of the rental services in accordance with article 1641 of the French Civil Code. En cas de vice caché, le LOCATAIRE bénéficie du remplacement du PRODUIT défectueux à l'identique, dans la limite des stocks disponibles.

If a replacement or repair is impossible, NETSKI agrees to refund the rental price of the ARTICLE within 30 days following receipt of the ARTICLE returned by the RENTER to the address of the shop selected at the time of the ORDER.

22.3: Warranty Disclaimer

The Seller may not be considered as liable or at fault for any delay or lack of performance due to:

• a force majeure situation,
• lack of respect of the legislation of the country in which the RENTAL services are provided, which the Customer is responsible for checking before placing his/her order,
• incorrect use or use for professional purposes.

Article 23: Liability

NETSKI cannot be held responsible, under any circumstances, in the following cases:

• lack of performance or poor performance of the contractual services that might be attributable to the RENTER;
• use that is non-conforming with the intended use of the ARTICLE(S) rented.

NETSKI shall not be liable for any indirect damage that might occur as a result of these conditions, loss of operation, loss of profit, damage or costs.

The RENTER is solely responsible for the choice and renting of ARTICLE(S).

Where it is totally or partially impossible to use one or more ARTICLES rented, notably because of incompatibility of equipment or lack of experience, there can be no compensation, refund or incurring of NETSKI's responsibility, except in case of an established hidden defect.

Finally, NETSKI cannot be held responsible or be considered to have failed to meet its obligations due to any delay or lack of performance when the cause of the delay or lack of performance is related to a force majeure as is defined by case law of the French Courts and Tribunals.

Article 24: Force majeure

NETSKI reserves the right to suspend, delay, modify or cancel the execution of the ORDER in case of events or circumstances of force majeure or an act of God or circumstances contractually similar to cases of force majeure or an act of God even if they might not fit the legal definition such as: fire, independent work stoppage beyond the company's control or that of any of their suppliers or subcontractors, flooding, epidemic and/or pandemic (e.g. similar to COVID-19), war, requisitioning, strike, hurricane, tornado, earthquake, revolution, theft of some or all of the equipment, interruption or delay in transports, transport damage, lack of raw materials, tooling accident, lack of fuel or any other source of energy, as well as in case of occurrence of any external circumstances or events, beyond NETSKI's control as a result of article 1218 of the French Civil Code, further to the finalisation of the agreement, preventing execution under normal conditions.

It is hereby specified that, under such conditions, the RENTER cannot claim any indemnity and cannot bring any actions for recourse against NETSKI.

In the case of any of the above-mentioned events, NETSKI shall do its utmost to inform the RENTER as soon as possible.

Article 25: Claims

Any written claim from the RENTER should be sent to the following address:

La Compagnie Européenne des Loueurs de Skis : 424, Bureaux de la Colline - 92210 SAINT CLOUD - FRANCE

Any claim from the RENTER by e-mail should be sent to the following address: privacy@netski.com.

In accordance with the provisions of the French Consumer Code, the customer is entitled to use the mediation services provided by the mediator, CM2C.

The mediator can be contacted:

• via the following website: https://cm2c.net/declarer-un-litige.php;
• E-mail: cm2c@cm2c.net
• by post: CM2C - Centre de médiation et règlement amiable des huissiers de justice- 14 rue Saint Jean 75017 Paris

Should the dispute be brought before the courts, the parties are reminded that, in accordance with the provisions of article L. 141-5 of the French Consumer Code: the consumer may refer his/her case, at the latter's choice, to the court in the place of his/her residence at the time of entering into the agreement or of occurrence of the damaging event, or to one of the courts with territorial jurisdiction in light of the French Code of Civil Procedure.

The parties are also reminded that, in accordance with article 14 of (EU) Regulation no. 524/2013, the European Commission has set up an Online Dispute Settlement platform, facilitating the independent settlement of disputes by extrajudicial means online between consumers and professionals of the European Union.

Article 26: Personal data

In accordance with the French Data Protection Act of 6th January 1978 as amended by French Act 2018-493 of 20th June 2018, it is reminded that the personal and nominative data requested from the Customer are necessary for processing his/her ORDER and issuing his/her INVOICES.

By placing an ORDER, the RENTER authorises NETSKI to use the personal data he/she provides for the management of ORDERS and INVOICES.

In this respect, the RENTER is informed that these data, for the purpose of this management, may be communicated to the companies, where appropriate, in charge of invoicing and to other partners of NETSKI in charge of the performance, processing, management and payment of the ORDERS.

The processing of information communicated via the www.netski.com website meets with the legal requirements in terms of personal data protection, and in particular the GDPR, and any other legislative or regulatory provision in force, as the IT system used ensures optimal protection of these data.

The methods of collecting and processing the personal data and the rights held by the customers regarding such data may be consulted in the “Confidentiality” section, which the RENTER must consult and agree to, in particular when placing his/her order.

In accordance with the national and European regulations in force, the Customer has a permanent right to access, erase, amend, rectify, object to, request the portability and limited processing of the information about him/her.

This right may be used in accordance with the conditions and methods defined on the website, Legal Information section - Personal Data.

To exercise this right, the RENTER can either send an e-mail to privacy@NETSKI.com, or send a letter to the following address:

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

It is hereby specified that the RENTER must be able to provide proof of his/her identity, either by scanning an identification card or by sending a photocopy of his/her identification card to NETSKI. NETSKI agrees not to disclose its customer file to third parties.

The RENTER's data are kept confidentially by NETSKI for the purpose of the AGREEMENT, its performance and in compliance with the above-mentioned Law.

Finally, any Customer who notices an infringement of the general data protection regulation, will be entitled to appoint an association or organisation indicated in IV of article 43 ter of the French IT and freedom Act of 1978, in order to obtain compensation from the data controller or data processor before a civil or administrative court or before the CNIL (French Data Protection Agency).

Furthermore, NETSKI informs all Customers of the existence of a register for objecting to cold-callers, known as “Bloctel”, which the RENTER may join: (https://www.bloctel.gouv.fr)

Article 27: Filing the agreement

Any AGREEMENT finalised with the RENTER that corresponds with an ORDER of a total of more than 120 Euros including tax is filed by NETSKI for a period of ten (10) years in conformance with Article L. 134-2 of the French Consumer Code.

To have access to the AGREEMENT, the RENTER may request this either by e-mail sent to the following address: commandes@netski.com, or by letter to the following address:

La Compagnie Européenne des Loueurs de Skis : 424, Bureaux de la Colline - 92210 SAINT CLOUD - FRANCE

Article 28: General provisions

The fact that one of the PARTIES has not demanded the application of any clause whatsoever of the AGREEMENT, whether permanently or temporarily, cannot be in any way considered as waiving the said clause.

The AGREEMENT does not confer any exclusivity to the RENTER concerning the supply of services or the guarantee of quality.

If any of the stipulations of the AGREEMENT becomes null in relation to an applicable legal or regulatory provision and/or a legal decision with the authority of res judicata, it shall be considered to be not written but shall in no way affect the validity of the other clauses which shall remain fully applicable.

In this case, the PARTIES shall meet to decide on a new provision to replace the one declared null and void, considering that the new provision should, as much as possible, comply with the spirit and economic impact of the replaced provision on the PARTIES.

Article 29: Applicable law and Jurisdiction

The agreement and any order placed on the website and processed by CELS are subject exclusively to French law. In the event of dispute, only the French courts will have jurisdiction.

Article 30: Privacy Statement

Access the NETSKI Privacy Statement.

Article 31: Precontractual information - Customer's Acceptance

The Customer declares that he/she has been fully informed in a legible and understandable manner, prior to placing his/her order and to formalising the sale, through the communication of these General Conditions for Rental and in accordance with the provisions of article L. 221-5 of the French Consumer Code:

• about the main characteristics of the Rental services, considering the communication medium used and the services involved;
• about the price of the RENTAL services and the ancillary costs or, in the absence of payment of a price, about any benefit incurred instead or in addition to this and about the nature of this benefit;
• about the methods of payment, supply and performance of the Rental agreement in the case of lack of immediate performance of the agreement, about the date on or period during which NETSKI undertakes to provide the services ordered;
• about NETSKI's identity, its postal, telephone and electronic contact details, and its activities, if they are not clear from the context,
• about the legal and contractual guarantees, and their methods of implementation;
• about the possibility to use the services of a conventional mediation in the event of dispute;
• about the right of withdrawal (existence, conditions, time limit, methods of using this right and standard withdrawal form), methods of termination and other important contractual conditions and, where applicable, about the costs of using the remote communication technique, the existence of codes of good conduct and the financial guarantees and bonds;
• about the methods of payment accepted.

The fact that a Customer places an order on the www.netski.com website entails full and complete acceptance and compliance with these General Conditions for Rental and the obligation to pay for the services ordered, which is specifically acknowledged by the Customer who waives, in particular, the right to take advantage of any document to the contrary, which would not be binding on NETSKI.

2024 / 2025General Conditions for Rental