General rental conditions

Between :

SAS EPEAK Ride
811 route des Goyets, La Roche 73640 Villaroger, France
Telephone: +33451220277 / E-mail: info@epeakride.com
Legal representatives: Besiat Kélian and Gras Tristan
Hereinafter referred to as “ER

And
The Internet user,
Hereinafter referred to as “the customer(s)”.

PREAMBLE
ER offers a service for the hire and delivery of skis/snowboards and other board sports equipment. The customer does not come to the shop, the shop comes to the customer.
The purpose of these general terms and conditions of hire (hereinafter “GTC”) is to define the terms and conditions for booking and hiring the various items of equipment and services offered by ER. All reservations and rentals are subject to compliance with these GTC. Confirmation by the customer of a reservation on the website implies full acceptance of these T&C. These T&C are subject to change at the sole initiative of ER. The conditions applicable to a reservation and rental are those in force on the website on the date the corresponding reservation is made.

FACILITIES AND SERVICES
The various facilities and services offered for booking on the website are described according to categories and types of classification. The photographs and graphics are presented for information purposes only and are intended to serve as examples, but are not contractually binding. ER undertakes to provide equipment of equivalent quality and technique to the category booked.

BOOKING CONDITIONS
ER accepts bookings up to 48 hours before a customer’s arrival at the resort. For bookings made within 48 hours, bookings will be made by telephone or email. The mountain resorts covered by ER are : Val d’Isère, Tignes, St Foy, Villaroger, La Rosière, Les Arcs / Bourg St Maurice, Peisey-Vallandry and the La Plagne and Paradiski resorts. If you are staying outside these areas, please contact us directly by telephone or email for any requests or quotes.

DURATION
The rental period is fixed for the period indicated on the booking.
A day begins at 9.00 am and ends at 5.00 pm.
Under no circumstances may this period be modified without the agreement of ER.
The rental period may not be less than 2 consecutive days, unless agreed by ER, and may be extended at the request of the Customer.
ER may apply additional charges to the rental price if the Customer has not allowed the equipment to be properly received.

HIRE PRICE
The rental price is determined according to the category of equipment selected and the service requested.
The prices of the services sold are those in force on the day of the reservation. Although the prices of products are fixed, commercial discounts may be applied, implying a change in the final price. ER undertakes to provide the service at the final price in force at the time of booking.
These prices are denominated in Euros (€) and calculated inclusive of all taxes. ER cannot be held responsible for exchange rates that may be applied by foreign banks.
The rental contract commences upon delivery of the equipment by ER and receipt by the customer of the pre-booked equipment. Delivery of rental equipment is organised around the date and time of arrival at the resort, which is communicated by the customer at the time of booking or at a later date.

PAYMENT
For the booking to be accepted, the customer must pay the full price at the time of booking.
Full payment covers: the equipment at the price quoted by ER, compulsory insurance, delivery and return of the equipment, and 7/7 assistance.
Payment of the sums due on reservation is made: either by credit card using a secure transmission system (Stripe), or by secure payment (PayPal), or by bank transfer.
The reservation will be effective on receipt of full payment by ER.
If payment has not been made online (or by bank transfer) prior to arrival, full payment will be taken when the equipment is delivered to customers at the resort.

CANCELLATION AND REFUND
The Customer has a right of withdrawal; he/she may cancel the hire of the equipment provided that he/she does so within 14 calendar days of receiving the e-mail confirming the booking, by sending a request for withdrawal by telephone to +33451220277 or by e-mail to the following address: info@epeakride.com
ER will refund the amount paid at the time of booking to the bank account used for the booking within a maximum of 30 days following the request for cancellation.
Before the stay, the amount of the pack for an injured or ill person will be refunded, subject to presentation of proof of medical or hospitalisation. This must be presented within a reasonable period of 4 days following the incident (except in exceptional circumstances).
The amount of the pack for an injured or ill person will be reimbursed for days not skied, subject to presentation of medical or hospitalisation proof. A notice period of 2 days applies, except in exceptional circumstances. After this period, requests will be considered null and void. In all cases, any request made after the skis have been returned by ER will not be considered.
Cancellation is governed by the conditions set out in the following table:

MODIFYING A BOOKING
Changes can only be made at the customer’s request, either by telephone on +33451220277, by using the contact form on our website or by sending an e-mail to info@epeakride.com.
Please specify your order number and your request.

ASSISTANCE
An assistance service is available 7 days a week for any change of equipment or any additional specific request. Any surplus equipment will be invoiced.

USE / RESPONSIBILITY
The customer is solely responsible for the accuracy of the information provided and for the use made of the equipment hired. It is understood that there are risks inherent in winter sports, for which neither ER nor its employees can be held responsible. It is also understood that correct adjustment of the equipment cannot exclude the risk of injury.
Any adjustment of the equipment rented is carried out exclusively by an ER technician, in order to meet a specific customer profile.
The hire company accepts no responsibility if the equipment is adjusted by the customer, a ski instructor or any third party. The customer assumes full responsibility for the equipment hired from the moment he takes possession of it until it is returned in full. The equipment must not be lent or hired to another third party member. ER declines all responsibility in the event of misappropriation of the hire equipment by the customer during the hire period.

The equipment is deemed to be in good condition and fit for normal use. It must be returned as such. Any reservations regarding the condition of the equipment rented must be reported to the ER technician when the equipment is delivered; this will be noted on the rental voucher.
All equipment rented by ER is identified by a high-resistance “EPEAK Ride” sticker, with a logo containing a contact telephone number. There is also an ER reference number (barcode) on the equipment.
All rental equipment must be returned with these markings still present. ER will not accept equipment with markings belonging to another hire company. If this occurs, the customer will be charged cost price to replace the missing equipment. The customer is entirely responsible for any “mixing” of equipment that may occur during the hire period.

RETURN
The equipment will be returned on the date specified on the delivery note; at the latest, the following morning. Failure to return the equipment may result in the equipment being invoiced to the customer at its market value, including VAT, less any obsolescence (as defined by ER).

GUARANTEE
The rental price includes a guarantee on the equipment. This guarantee covers the cost of replacing the equipment in the event of theft or breakage, within the framework of reasonable and reasoned use.
-Theft: the customer will be asked to report the theft to the local gendarmerie. Any equipment left unattended in a public place will not be covered by the guarantee, e.g. theft or exchange of skis on the terrace of a high-altitude restaurant.
-Breakage: traces of wear and tear on rental equipment are normal. Damage that cannot be repaired will be covered by the guarantee, unless it is deemed to be due to abnormal use, such as – but not limited to – use on roads/sidewalks, use as weapons, small wood, chopping boards, and other unidentified flying objects. The ER management shall have sole discretion as to the damage caused.
An excess of €50 on Progress skis and snowboards, €150 on Performance skis and snowboards and €300 on Premium skis applies. An excess of €50 may also be claimed for any pair of boots that has undergone abnormal treatment.
In the event of rental equipment being lost, damaged, mislaid, stolen, etc. during transportation of the equipment by a third party (i.e. the chalet company and the chalet vehicle, etc.), the customer to whom the equipment has been hired remains responsible for the equipment and will be required to pay an excess corresponding to the equipment hired.
At the customer’s choice, a “tranquillity” guarantee can be taken out at the beginning of the stay, for the amount of 3 euros per adult per day. This covers all damage to the equipment and exempts the customer from any excess mentioned above.

PERSONAL DATA
ER processes personal data for the following main purposes: processing and following up your requests for information/contact and responding to them, managing orders, managing deliveries, managing invoicing, implementing any loyalty programme, carrying out loyalty operations, compiling customer and prospect files, allowing you to access reserved and personal areas of our site such as your customer account or your personal profile, managing customer accounts, providing after-sales service, managing complaints, compiling sales statistics, carrying out satisfaction surveys, carrying out marketing analyses, organising competitions, organising promotional campaigns, managing and processing requests to exercise your rights, managing and preventing non-payment, managing disputes, managing your comments, detecting and combating fraud, etc., this includes commercial, communication and marketing operations (in particular segmentation, targeting, commercial prospecting, telemarketing, personalisation of offers, newsletters, satisfaction surveys).
The fields marked with an asterisk on the collection forms are compulsory; they meet a requirement for the supply of personal data of a regulatory or contractual nature (it may condition the conclusion of a contract). If this information is not provided, your request may not be processed or processing may be delayed.
This processing is necessary for various purposes:

• for the management, processing and follow-up of your requests to the company (in particular responding to requests for information, processing orders and transactions, studying applications, etc.), (as part of an online order, for example);
• to pursue the company’s legitimate interests in managing and monitoring its relations, particularly commercial relations, with users of the site, and more generally with its contacts, and in organising its marketing, prospecting and communication operations in general;
• to comply with the company’s legal and regulatory obligations.

This information is intended for the publisher of the site, as well as, for the purposes for the entities of the group to which it belongs and for their contractual or commercial partners and service providers.
It will be kept for a period of 3 years from the date of your last contact with us, which period is necessary to achieve the aforementioned purpose(s).
In accordance with the provisions applicable to the protection of personal data, you have the right to query, access, rectify, delete and port your data, as well as the right to have the processing of your data restricted and the right to object (to the processing of your data, as well as to canvassing, particularly commercial canvassing). You also have the right to define directives concerning the fate of your personal data and the way in which you wish your rights to be exercised after your death.
These rights may be exercised by e-mail or post, accompanied by a copy of a signed proof of identity, to info@epeakride.com or to the following address
EPEAK Ride, 811 route des Goyets, La Roche 73640 Villaroger
In any event, you have the possibility of lodging a complaint with a national authority responsible for the protection of personal data (in France, this is the Commission Nationale de l’Informatique et des Libertés or “CNIL”) if you consider that the processing of your personal data has not been carried out correctly.

DISPUTES / APPLICABLE LAW
Any dispute relating to the interpretation and performance of these General Terms and Conditions of Hire is subject to French law. Any dispute must first be the subject of an attempt at amicable resolution. Failing this, the dispute will be referred to the Chambéry Commercial Court.