SNOWKITE SENSATION
Caution: This is a translated version of the original French version
GENERAL CONDITIONS OF SALE (Terms and Conditions)
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- Scope of application
The present General Terms and Conditions of Sale (hereinafter referred to as the “These General Terms and Conditions”) apply, without restriction or reservation, to any purchase of travel arrangements or travel services (hereinafter referred to as “Stays” or “Travel Services”) dedicated to the practice of the sport of snow kiting, offered by the simplified joint stock company SNOWKITE SENSATION (hereinafter referred to as the “Company”, the “Service Provider” or the “Organizer”) to consumers and non-professional clients (hereinafter referred to as the “Clients” or the “Client” or the “Traveller”) on its website : www.snowkitesensation.com (hereinafter referred to as the “Website”).
Together the Provider and the Customer will be referred to as the “Parties”.
The Customer is required to read these GTC before placing an order for a holiday. The choice and purchase of a holiday is the sole responsibility of the Customer.
These conditions apply to the exclusion of all other conditions, and in particular those applicable to other marketing channels for the holidays offered. They may be supplemented by special conditions, set out on the website or on a quotation, before any transaction with the Customer.
These GTC are accessible at any time on the Website and will prevail, if necessary, over any other version or any other contradictory document.
In the absence of proof to the contrary, the data recorded in the Service Provider’s computer system constitutes proof of all transactions concluded with the Client.
SNOWKITE SENSATION has its head office at 3, square Lamartine in PARIS 16ème and is registered with the Paris Trade and Companies Register under the number 851 955 732.
Its e-mail address is: contact@snowkitesenstaion.com
Its phone number is: 0033 6 34 17 03 14
The Company has the following administrative authorization to operate IM075190065 and approvals:
- Unlimited Financial Guarantee provided by APST, 15 avenue Carnot, PARIS 75017 FRANCE
- Vehicle rental: Mister fly customer account agency code 4636: price advantages and vouchers issued at the agency
- Insurance Coverage: HCTAG01/145524 Professional Liability – HISCOX SA, 38 avenue de l’opéra in PARIS 75002 France.
The Provider is in partnership with the following companies and retailers:
As detailed on the Website and the trip description
The Customer declares having read these GCS and having accepted them by ticking the box provided for this purpose before the implementation of the online ordering procedure as well as the general conditions of use of the website: www.snowkitesensation.com.
The validation of the holiday order by the Customer is tantamount to acceptance without restriction or reservation of these GCS.
The Customer also acknowledges having read, before confirming the booking of the holiday, the standard information form on the essential rights under the European Directive 2015/2302 transposed into the Tourism Code and available at the end of the general terms and conditions (standard information form for package travel contracts and standard information form for contracts relating to a travel service (excluding air-only flights).
In accordance with Article L. 211-8 of the Tourism Code, the descriptive sheets appearing on the site, the terms and conditions of sale and the standard information forms summarizing the traveler’s rights are intended to inform Customers, prior to placing their order, in particular on the main characteristics of the services offered relating to transport and the stay, the contact details of the retailer and the organizer, the price and payment terms, the conditions for cancelling and terminating the contract, insurance and the conditions for crossing borders.
The customer is invited to refer to the descriptive sheets of the chosen trip or stay.
In accordance with Article L.211-9 of the Tourism Code, the Parties expressly agree that the Service Provider may make changes to the pre-contractual information appearing on the Site, in particular to the price and content of the transport and stay services, the identity of the airline carrier, as well as the opening and closing dates of the hotels, the itineraries of the tours, etc.
The Site is updated regularly and the prices displayed are likely to change according to the updates. The applicable price is the price in force at the time of registration for the trip concerned and is confirmed to the Customer before final acceptance.
Certain offers proposed on the Site have a validity deadline: the Customer must therefore check this date.
These GTC have been drawn up in accordance with Articles L.211-1 and subsequent articles of the Tourism Code, setting out the conditions for carrying on activities relating to the organization and sale of travel and holidays. They take into account European regulations and international conventions, particularly in the field of air transport.
They are supplemented by the terms and conditions of sale of the supplier of each service.
They shall be brought to the attention of the customer before the signature of the contract of sale.
For further information:
ttps://www.legifrance.gouv.fr/affichCode.do?cidTexte=LEGITEXT000006074073&dateTexte=&categorieLien=cid
The Customer acknowledges having the required capacity to contract and acquire the Services offered on the website.
As these GCS may be subject to subsequent modifications, the version applicable to the Customer’s purchase is that in force on the Website on the date the order is placed.
- Commands
2.1 Placing the order
The Client may make a reservation or quote with the Service Provider directly on the Website accessible from www.snowkitesensation.com, or by telephone with the Call Center, which can be reached at 00447765270218 from Monday to Saturday from 10:00 am to 6:00 pm, only from September to the end of April. Only bookings for Services whose availability has been confirmed by the Service Provider and payment made by the Client are firm (hereinafter the Order(s)). Requests for quotes are not binding for the Service Provider and do not guarantee the availability of the Services to the Client. The Order entails payment in accordance with Article 4 of these Terms and Conditions of Sale. The contract of sale is then deemed to have been formed.
A minimum number of participants in the holiday are required for the Order to be confirmed. The minimum number of participants is detailed and specified on the description of the holiday accessible on the Website and/or on request addressed to the Service Provider by telephone or e-mail.
Once confirmed and accepted by the Service Provider, under the conditions described above, the order cannot be modified by the Customer except under the conditions stipulated in these GCS.
2.2 Placing the order
For any reservation, the Client is invited to fill in his e-mail address and fill in the form. In accordance with the provisions of Article 1127-2 of the French Civil Code, the Client has the possibility to check the details of his reservation and its total price, and if necessary to correct any errors before confirming it, thus expressing his acceptance. In order for the Order to become binding, the Customer must read the mandatory pre-contractual information and the GCS, accept them by ticking the box provided for this purpose and proceed with payment according to the methods provided for above entitled “Price” For any Order by telephone, the Service Provider shall provide the Customer with the pre-contractual information provided for in Article L.221-5 of the Consumer Code and Article R211-4 of the Tourism Code and the GCS on a durable medium. Once the Customer’s agreement has been obtained to complete the Order under the conditions communicated, the Customer shall proceed with remote payment in accordance with the terms and conditions set out in Article 4.
2.3 Availability
The Services offered on the Website are available and can be reserved. However, it is specified that certain Services are available in small quantities and are managed in real time. Consequently, a Service presented as available may become unavailable if several Customers present on the Website order it at the same time. This unavailability is caused by exceptional and unavoidable circumstances due to the technical and practical management of online and telephone reservations simultaneously. The first Customer to make a reservation will have priority. If an Order cannot be fulfilled by the Service Provider due to the unavailability of the Service, the Client will be informed by email or telephone within 48 hours of the Order. Suites will be managed in accordance with Article 7.1.
Due to the specific nature of the stays offered by the Service Provider due to weather conditions, the stays may be cancelled and the order may not be fulfilled by the Service Provider, the Client will be informed as stipulated in Article 9 of these Terms and Conditions of Sale.
In the event of cancellation by the Service Provider, for reasons related to weather conditions or insufficient participants, under the conditions defined in Article 7 of these GCS, the order will not be fulfilled by the Service Provider. The fees and terms and conditions are detailed in Articles 7 and 9 of these GCS.
Any changes to the order by the Customer, other than the exercise of his right of withdrawal, may only be taken into account by the Service Provider within the limits of its possibilities and on condition that the Customer notifies the Service Provider by email at least 30 days before the date scheduled for the provision of the Services ordered. If necessary, these changes will give rise to the drawing up of a new quotation and an adjustment of the price, in particular as stipulated in Article 6 of these GCS.
In the event that these changes cannot be accepted by the Service Provider, the sums paid by the Client will be returned to the Service Provider within a maximum of 30 days from the notification of the impossibility of accepting the changes made by the Service Provider to the Client (unless the Client prefers to benefit from a credit note) and under the conditions stipulated in Article 7 of these GCS.
If the orders can be cancelled by the Customer
Orders may be cancelled by the Customer, except in cases of force major, at least 30 days before the date scheduled for the provision of services only if the minimum number of participants is maintained, under the financial conditions stipulated in Article 6 of these GCS.
2.4 Confirmation of the order
When the minimum number of participants required for the chosen stay is reached, the stay is confirmed.
Within two (2) hours following payment of the Order, the Customer will receive the Order confirmation by e-mail. The confirmation shall include the essential elements of the Order, such as the identification of the supplier of the Services reserved, the price, the quantity, the date and the duration of the stay. The Order confirmation will certify the establishment, by electronic means, of the sales contract between the Service Provider and the Client. The confirmation email includes:
– Proof of payment,
– Travel documents and voucher(s) corresponding to the Benefits purchased.
In the absence of an electronic confirmation email issued by the Provider, the booking has not been taken into account. In all cases, it is the Client’s responsibility to ensure that the electronic confirmation e-mail is received. If not, please contact: the Call Center at: 00447765270218 or by e-mail at contact@snowkitesenstaion.com. The Customer must print out the travel documents and in particular the Exchange Voucher(s) in order to be able to present them in exchange for the various Services. The e-mail confirming the Order received by the Customer is proof of the entire transaction in accordance with the provisions of Law No. 2000-230 of 13 March 2000 and is the only document that shall be deemed authentic in the event of a dispute.
- Tariffs & prices
3.1 Regular rates on the site
The Services offered by the Service Provider are provided at the regular rates on the Website or according to the quotation established by the Service Provider by email, when the order is registered by the Service Provider. Prices are expressed in Euros, excluding VAT and all taxes.
The prices take into account any discounts that may be granted by the Service Provider under the conditions specified on the Website.
These prices are firm and cannot be revised during their period of validity, as indicated on the Website. The Service Provider reserves the right, outside this period of validity, to modify the prices at any time.
An invoice is drawn up by the Service Provider and given to the Client when the Services ordered are provided.
3.2 Visitor’s tax
The tourist tax is not included in the displayed price and must be paid on the spot when the Customer arrives at the accommodation. The amount of the tourist tax varies according to the communes of the places of residence. The tourist tax is calculated per person and per night. In general, and unless specifically stipulated otherwise, insurance, parking fees, tourist tax, excess luggage, excursions, personal expenses and, any other service not included in the travel description are not included in the price.
3.3 Price Review
In accordance with the provisions of Art. L.211-12 of the Tourism Code, the Service Provider reserves the right to modify the prices, after the conclusion of the contract, both upwards and downwards to take account of significant variations:
– Fees and taxes relating to the services offered, such as landing, embarkation and/or disembarkation taxes in ports and airports,
– the cost of passenger transport resulting from the cost of fuel to other energies, the level of taxes or charges on the travel services included in the contract,
– Exchange rates applied to the trip or stay if applicable.
The Client shall be notified of any price increase, with its justification and calculation, on a durable medium, at the latest twenty (20) days before departure. In the event of a price increase of more than 8% of the total price, the Client may cancel his Order free of charge, provided that he notifies the Service Provider within 72 hours of the price revision communicated by the Service Provider. Failing this, the cancellation fees provided for in Article 6.1 may be applied.
3.4 Promotions and price reduction
The Customer is informed that promotional codes may be available from providers/hosts on behalf of the Customer. However, only the promotional codes communicated at the time the Order is placed shall be taken into account.
- Terms of payment
For any order more than thirty (30) days before departure, a deposit of 50% of the package including VATis required when the Customer places the order.
The balance of the price is payable in cash, thirty (30) days before departure.
For any order placed 30 (Thirty) days or less before departure, payment in full is required.
Payments made by the Client will not be considered final until the Service Provider has actually received the sums due.
In the event of late payment and payment of the sums due by the Client after the deadline set out above, and after the payment date appearing on the invoice sent to the Client, late payment penalties calculated at the rate of 10% of the amount (including tax) of the price of the holiday will be automatically and by right acquired by the Service Provider, without any formality or prior formal notice.
In addition, any late payment shall automatically result in the application of a fixed compensation of forty (40) Euros, without prejudice to the late payment penalties. Late payment shall result in all sums owed by the Client becoming immediately due and payable, without prejudice to any other action that the Service Provider may be entitled to take against the Client in this respect.
In addition, the Service Provider reserves the right, in the event of non-compliance with the payment conditions set out above, to suspend or cancel the provision of the Services ordered by the Client and/or to suspend the performance of its obligations.
No additional costs, in excess of the costs incurred by the Service Provider for the use of a means of payment may be invoiced to the Client.
All payments are made by secure payment, according to the following methods:
– By bank cards: Bank Card, Visa, MasterCard, other bank cards
– Over the phone
– By electronic purse stripe,
– By bank transfer.
Payment by credit card is irrevocable, except in case of fraudulent use of the card. In this case, the Customer may request the cancellation of the payment and the return of the corresponding sums.
In order to make the payment, the Customer must enter the 15 or 16 digits, the expiry date of his credit card and the 3 or 4 digits of the cryptogram. For all remote Orders, the Customer shall receive the proof of payment by email within two (2) hours following the transaction.
In addition, payment by bank check must be accompanied by a copy of the identity document of the holder of the account on which the check is drawn. The transfer must be made to the Service Provider’s account according to IBAN (International Bank Account Number) FR76 1820 6002 5565 0615 1877 521 all transfers must be accompanied by the following information: the number of the Order and the name of the person making the transfer. A transfer that does not specify one of the above-mentioned information will not be processed. The transfer costs shall be borne by the Customer.
Electronic payments made within the framework of Orders by telephone via the Call Center or online on the Website are secured by the Stripe system, which guarantees the confidentiality of payments. Payment is made in virtual payment terminals with immediate payment. At no time is the Service Provider aware of the numbers that the Customer must provide. As part of its fight against fraud, the Service Provider reserves the right to ask any Customer and for any method of payment: a copy of the identity card/passport, a copy of the bank card, the telephone number and time at which the Customer can be reached and any other additional information to secure the payment. In the event of refusal to provide any of the aforementioned information, the Service Provider reserves the right to cancel the Order and retain the sums already paid as cancellation fees calculated in accordance with Article 6.1.
- Supplies of the Benefits
The Services ordered by the Customer, which includes the services of:
– Snow kite stays;
-accommodation;
– Equipment rental;
– Transport;
– Snow kiting lessons;
– Ski lift pass;
– Outings and various activities…
Will be provided as follows:
In the conditions provided for in these General Terms and Conditions of Sale, supplemented by the special terms and conditions of sale given to the Customer together with these General Terms and Conditions of Sale.
The Service Provider undertakes to use its best efforts to provide the Services ordered by the Client, within the framework of an obligation of means.
If the Services ordered have not been provided, for any reason other than a major force or the Client’s fault, the sale may be cancelled at the Client’s written request under the conditions set out in Articles L 216-2 L 216-3 and L241-4 of the French Consumer Code. The sums paid by the Customer will then be returned to him at the latest within fourteen days following the date of termination of the contract, to the exclusion of any compensation or deduction.
The identification of the Service Provider is the one appearing at the head of these GCS.
The Services may be provided at any other location designated by the Customer, subject to 30 (thirty) days’ notice, at the Customer’s sole expense.
Likewise, in the event of a specific request from the Client concerning the conditions for the provision of the Services, duly accepted in writing by the Service Provider, the related costs will be subject to a specific additional invoice at a later date.
- Amendments and cancellation
6.1 Modification and cancellation before departure
Any request for modification or cancellation of an Order must be sent in writing to the Service Provider by post or e-mail to the address at the top of these GCS. Any request for modification shall result in the cancellation of the original Order and shall be subject to payment of the cancellation fees as specified in Article 6.3 below.
6.2 Modification after departure
Any interrupted or shortened stay or any Service not used by the Client for a reason not attributable to the Service Provider shall not give rise to any refund whatsoever. Any Client who does not show up at the place of his stay will have 100% of the total amount of the Order, including the options ordered, withheld. In the event of taking out insurance covering the interruption or cancellation of the stay after departure, the Client should comply with the provisions of the applicable insurance policy and make it his own personal matter.
6.3 Cancellation before departure
In accordance with the provisions of Article L211-14-I of the French Tourism Code, the Customer may partially or totally cancel his Order by sending his request by registered mail with acknowledgement of receipt to the following address of the Service Provider at the head of these GCS. The date of receipt of the letter will be the date chosen for cancellation. Any request for cancellation must be accompanied by the bank details of the bearer of the Order. All cancellations shall result in the collection of at least the following flat-rate charges:
– 100% refundable 7 days after payment at least 60 days before departure
- – Between 60 and 31 days before departure: 50% of the total price of the stay will be due to the Provider, – Less than 30 days before departure or no-show: 100 % of the amount of the Order and/or, if applicable, of the accommodation rental.– Lost funds due to the agency cancelation policy can be claimed back through purchased mutlirisque or cancelation insurance.
- The Service Provider shall reimburse the sums paid by the Client after deduction of the cancellation fees, administrative costs and, where applicable, any insurance contributions still due, as soon as possible and no later than fourteen (14) days after cancellation of the Order.
- Modification and cancellation at the initiative of the Service Provider
7.1 Modification before departure
In accordance with the provisions of Article L.211-13 of the French Tourism Code, the Service Provider reserves the right to unilaterally modify the conditions of performance of the Services before departure.
The Service Provider shall inform the Client of any minor modifications made. The Client may not claim any compensation as a result of the minor modifications thus made by the Service Provider. In the event that, in accordance with Article R.211-9 of the French Tourism Code, the Service Provider is obliged to modify one of the essential elements of the Order or if it cannot meet the Customer’s specific requirements that it has accepted, the Service Provider will notify the Customer:
– Of the changes made and, if applicable, of their repercussions on the price of the trip/stay,
– The time limit within which the Client must provide a response to the Service Provider on the choice made,
– Conditions for cancellation without charge in the event of refusal of the changes made,
– The possibility of obtaining a credit note as detailed in Article 3.2 of these GTC.
The Customer has the right to refuse the proposed modification and to obtain a full refund of the price paid within a maximum period of fourteen (14) days following the cancellation of the Order. In the event that the Customer accepts the changes to the trip, a new Order confirmation shall be sent to the Customer with all the information.
7.2 Cancellation
In the event that the Service Provider is forced to cancel the trip/stay, it will inform the Client as soon as possible. The Client will then be refunded all sums paid within a maximum period of fourteen (14) days and will be entitled to compensation at least equal to the penalty that the Client would have had to pay if the cancellation had been made by him on that date (in accordance with Article 6.3).
The Service Provider may terminate the contract and fully refund the Traveler for the payments made, but is not liable for the additional compensation mentioned above and any other compensation if :
- The number of persons registered for the trip or stay is less than the minimum number indicated in the description of the stay accessible on the Website as well as on the summary of the order, and the Vendor notifies the Traveler of the cancellation of the contract within the period set by the contract, but at the latest:
– Twenty (20) days before the start of the journey or stay in the case of journeys lasting more than six days;
– Seven (7) days before the start of the trip or stay in the case of trips lasting no more than two (2) days.
- Absence of the right of withdrawal
In view of the nature of the services provided and in accordance with Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised for any distance purchase of the services “accommodation, transport, catering and leisure services”, orders placed by the Customer do not benefit from the right of withdrawal.
The contract is therefore concluded definitively as soon as the order is placed by the Customer in accordance with the terms specified in these General Conditions of Sale.- Exceptional and unavoidable circumstances
Exceptional and unavoidable circumstances are defined as any situation beyond the control of the Customer, the Service Provider, any organizer and any outside service provider involved in the execution of the Order, and whose consequences could not have been avoided even if all reasonable measures had been taken, and which prevent the performance of all or part of the obligations of these GCS.
This shall be the case in particular in the event of: major force, climatic, geographical, health or political conditions in the immediate vicinity of the place of destination likely to endanger the Customer’s life.
It will also be so in case of meteorological circumstances that do not allow the exercise of the snow kite such as, for example, the absence of snow or wind or conversely due to storm …
In the event of exceptional and unavoidable circumstances, the Service Provider will be prevented from executing the contract. The Service Provider will notify the Client of the termination of the contract as soon as possible before the start of the trip or stay.
- Course of the stay
10.1 Check in/check out
The accommodation conditions will be communicated by the Service Provider to the Client before departure, after confirmation of the order and payment of the price.
In hotels, as a general rule, rooms are available from 2 p.m. and must be vacated before 10 a.m., regardless of the Client’s arrival or departure time and regardless of the means of transport used. In the event of late arrival, the agreement of the accommodation provider must be sought by the Customer.
10.2 Security deposit / state of the premises
A security deposit (deposit) may be required on arrival at the place of stay, especially for accommodation and ski equipment rentals. The amount varies according to the service providers, apartments or rooms. The deposit is intended to guarantee the return of the premises or equipment in good condition. It is the Client’s responsibility to check the cleanliness of the apartment and carry out the inventory.
Any breach must be reported on the spot, as soon as possible, to the provider/host or the Provider. The security deposit will be returned by the Provider/Hosting Company at the end of the stay or at the latest one (1) month after departure, in accordance with the inventory of fixtures and fittings and after deduction of any damage noted during the inventory of fixtures at the time of departure.
10.3 Rules of procedure
Each hosting provider has internal rules and regulations that the Customer undertakes to respect.
The Service Provider is not responsible for the Customer’s personal belongings and affairs.
10.4 Compliance with online pre-contractual information (Photos and descriptions)
The descriptions of the dwellings (surface area, layout, types of bedding, etc.) are made by type and by classification. It is specified that the photographs appearing in the travel descriptions are intended to indicate the category and level of standing of the Services concerned. The Service Provider guarantees the number of beds as well as the type ordered and shown on the trip description.
10.5 Services
It is specified that any particular request concerning the services available on site (baby kits, parking space, specific pitch, etc.) as well as any specific request for information concerning the details of the equipment available in the accommodation (e.g. size of beds) must be made directly to the accommodation provider whose telephone number is indicated on the order confirmation received after confirmation and full payment of your stay. The prices of the services payable on site by the accommodation provider are given as an indication only the prices of the Services payable online on the website or on the quote are contractual. Any special request made by the Client will be forwarded to the host / provider on site without any guarantee on the part of the Service Provider.
10.6 Winter sports services
All lift passes are strictly personal, non-transferable and non-transferable. The ski pass must be kept by the Client during the entire journey on each lift. It should be noted that the lift passes, ski equipment and ski lessons are reserved by name. It is therefore essential to give precise information at the time of booking about the surnames, first names, dates of birth and level of each Client associated with these Services.
Any lost, stolen or unused lift pass will not be reimbursed by the Provider who cannot be held responsible in the event of theft or breakage of the ski equipment. In order to compensate for this type of inconvenience, the Service Provider offers its Clients specific insurance policies (Article 11). On the ski slopes, the ski pass holder must comply with the municipal by-law or any other regulations of the country relating to safety on the ski slopes. It is also recommended that the ski pass holder takes into account the “10 rules of conduct for tracks users” published by the International Ski Federation (FIS) and reproduced below:
1 – Do not endanger or harm others,
2 – Control of speed and behavior: Skiing according to one’s abilities,
3 – Respect the downstream skier and snowboarder (Priority to the downstream skier),
4 – Overtake at an appropriate distance,
5 – Glancing upstream before engaging and turning upstream,
6 – Park at the edge of the runway or in places with visibility,
7 – Go up and down only at the edge of the runway,
8 – Observe the markings and signs,
9 – Provide assistance in the event of an accident,
10 – To make one’s identity known in the event of an accident whether one is a witness, responsible or not.
The ski pass holder must respect the police regulations posted at the start of each ski lift, as well as the general conditions of use of the ski pass which are posted in the ski lift operator’s sales outlets and can be consulted on the latter’s website.
10.7 Level and physical conditions
The Client will be asked to produce a medical certificate allowing the Service Provider to advise the Client in the practice of the proposed sports activities. Failing this, the Client declares that his state of health allows him to practice the sports activities proposed by the Provider and more specifically to use the services, equipment and facilities. The Client acknowledges having read the safety, hygiene and usage instructions for snow kiting and winter sports in general. The Client declares that he/she does not suffer from any heart or respiratory disease and/or any injury or physical incapacity that would prevent him/her from practicing the activities and services covered by the Contract. This declaration must be made by the Subscriber by means of a form provided at registration, which must be returned to the Provider within fifteen (15) days of placing the order. Persons prone to epileptic seizures or other disorders likely to complicate the intervention of medical and rescue teams must expressly inform the Provider. The Client declares that he/she has been informed and is aware of the risks associated with the practice of the sports activities offered on the Website. The Client hereby releases the Service Provider from all liability in the event of failure to produce the medical certificate and/or the declaration of fitness. In any event, this article does not relieve the Provider of any of its obligations to provide information and advice.
The Provider shall not be held liable for any failure or erroneous information on the part of the Client and in particular on his physical and sporting conditions and the level of snow kiting required to book the holiday.
Due to the nature of the sports holidays on offer, the services sold by the Provider are not adapted for people with reduced mobility, minors and pregnant women.
- Transfer of the stay
The Customer may assign his contract to a transferee who fulfills the same conditions as him to carry out the trip or stay, as long as this contract has not produced any effect.
Unless a more favorable stipulation is made to the transferor, the latter is required to inform the organizer or the retailer of his decision by any means allowing him to obtain an acknowledgement of receipt no later than seven (7) days before the start of the trip. Under no circumstances is this transfer subject to prior authorization by the organizer or retailer.
The assigning Client and the assignee are jointly and severally liable for the payment of the balance of the Travel Order as well as all fees, costs and taxes relating to this assignment. As the transfer fees may change depending on the date of transfer prior to departure, the final amount will be communicated to the Client at the time of his/her request to the Service Provider.
- Cancellation insurance
Sensation has negotiated and subscribed for you with ASSURINCO, the Multi-risk Tranquility contract n°9491. Its rate is 5% of the total price of your trip, all taxes included. The subscription to this Multi-risk Tranquility insurance contract is optional, but is strongly recommended for your safety! The main guarantees concern the cancellation of the trip, interruption of stay, luggage, and civil liability for private life abroad, personal assistance and repatriation. Ask us for details of the guarantees: contact@snowkitesensation.com
For any question or assistance claim declaration (medical center open 24 hours a day): MUTUAIDE ASSISTANCE Tel: 01 55 98 57 72 or 33 1 55 98 57 72 (from abroad). Mail: medical@mutuaide.fr.
For any question or claim (cancellation, luggage, etc.): Cabinet ASSURINCO, 122 Bis quai de Tounis – 31000 Toulouse or by email sinistre@assurinco.com or by phone: 05.34.45.31.51.
- Responsibility
The Service Provider, together with any other organizer or Service Provider, are responsible for the proper execution of the Services ordered by the Client and are obliged to provide assistance to any Client in difficulty in accordance with the conditions set out in Article 14 of these GCS. The Service Provider is responsible for any error due to technical defects in the reservation system for which it is responsible. However, the Service Provider may be exempted from all or part of its liability by providing proof that the non-performance or poor performance of the contract is attributable either to the Client or to the unforeseeable and insurmountable fact of a third party not involved in the provision of the Services provided for in the contract, or to a case of major force.
In any event, and to the exclusion of bodily injury and intentional damage, insofar as international conventions circumscribe the conditions under which compensation is due by a service provider providing a travel service that is part of a trip or stay or limit the scope of such compensation, the same limits apply to the organizer or retailer. In other cases, the liability of the Provider is limited to an amount corresponding to three (3) times the price of the trip or stay ordered and giving rise to a compensable damage.
- Support
The Service Provider shall, as soon as possible in view of the circumstances of the case, provide appropriate assistance to the traveler in difficulty, including in the circumstances mentioned in Article VII L.211-16 of the Tourism Code:
“When it is impossible, due to exceptional and unavoidable circumstances, to ensure the return of the traveler as provided for in the contract, the organizer or retailer shall bear the costs of the necessary accommodation, if possible of an equivalent category, for a maximum duration of three nights per traveler. If longer periods are provided for in the European Union legislation on passenger rights applicable to the means of transport concerned for the return journey of the traveler, those periods shall apply. »
The Provider will provide useful information on health services, local authorities and consular assistance; assist the Client in making communications and finding other travel services. As such, the Service Provider and/or his Service Provider shall be entitled to charge a reasonable price corresponding to actual costs for this assistance if this difficulty is caused intentionally by the Client or through his negligence.
- GDMP, Evidence and Recordkeeping
Pursuant to Law 78-17 of January 6, 1978 amended by Law No. 2018-493 of June 20, 2018, it is recalled that the personal data requested from the Customer is necessary for processing his order and for the preparation of invoices, in particular.
This data may be communicated to any partners of the Service Provider responsible for the execution, processing, management and payment of orders.
The processing of information communicated via the Website complies with legal requirements in terms of protection of personal data; the information system used ensuring optimal protection of such data.
The processing is carried out under the responsibility of the Service Provider and is intended in particular for the use of the Service Provider’s hosting/hotel operators and partners.
Credit card data will be kept for fifteen (15) months after the transaction for purposes of proof in the event of a dispute. The cryptogram is not kept beyond the transaction. Personal data will be kept in accordance with the regulations in force.
The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification, opposition to portability and limitation of processing with regard to the information concerning him/her.
The Customer may contact the Service Provider at the address of its registered office indicated at the top of these GCS. Or by post to the address of the Service Provider’s registered office indicated at the head of these Terms and Conditions, accompanied by a copy of a signed identity document.
A claim to the CNIL may be made by the Client if he considers that his rights are not respected and according to the terms and conditions set out on the website www.cnil.fr.
The electronic contract has the same probative force as the written word on paper. By using the Website, the Customer accepts the use of electronic media as a means of concluding the contract. The electronic contract shall be sent to the Customer by e-mail and shall be recorded in the files of the Service Provider, which shall retain its integrity and ensure that the written document recording the Customer’s Order is kept for a period of ten (10) years from the delivery that was the subject of the Order and guarantees the Customer access to it at all times during this same period.
- Intellectual Property
The content of the website is the property of the Service Provider and its own partners and is protected by French and international intellectual property laws.
Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
- Non-compliance, complaint(s)
If one of the travel services is not performed in accordance with the contract, the Provider or its partners shall remedy the non-compliance, unless this is impossible or involves disproportionate costs, taking into account the significance of the non-compliance and the value of the travel services concerned.
If the Service Provider or its partners do not remedy the non-compliance, in accordance with the above paragraph, the traveler may request a price reduction and, in the event of separate damage, damages pursuant to Article L. 211-17 of the Tourism Code.
If the Service Provider or its partners do not remedy the non-compliance within a reasonable period of time set by the traveler, the traveler may remedy the non-compliance himself and claim reimbursement of the necessary expenses. It is not necessary for the Traveler to specify a time limit if the Service Provider or its partners refuse to remedy the non-compliance or if an immediate solution is required.
If a significant part of the travel services cannot be provided as agreed in the contract, the Provider or its partners will offer, without additional charge to the traveler, other appropriate services, if possible of equal or higher quality than those specified in the contract, for the continuation of the contract, including when the return of the traveler to his place of departure is not provided as agreed.
If the other services offered result in a trip or stay of a lower quality than that specified in the contract, the Provider or its partners shall grant the traveler an appropriate price reduction.
The Traveler may only refuse the other services offered if they are not comparable to those provided for in the contract or if the price reduction granted is not appropriate.
When a non-conformity considerably disrupts the performance of a trip or holiday and the organizer or retailer does not remedy it within a reasonable period set by the traveler, the traveler may cancel the contract without paying cancellation fees and, where applicable, in accordance with Article L. 211-17, request a price reduction and in the event of damages other than damages.
If it proves impossible to offer other services or if the traveler refuses the other services offered in accordance with the third paragraph of the V, the traveler is entitled, if applicable, to a price reduction and, in the event of separate damages, to damages in accordance with article L. 211-17, without cancellation of the contract.
If the contract includes the carriage of passengers, the Service Provider or its partners shall also provide the traveler, in the cases mentioned in the two preceding paragraphs, with repatriation by an equivalent means of transport, as soon as possible in view of the circumstances of the case and at no additional cost to the traveler.
Where it is impossible, due to exceptional and unavoidable circumstances, to ensure the return of the traveler as provided for in the contract, the organizer or retailer shall bear the costs of the necessary accommodation, if possible of an equivalent category, for a maximum of three nights per traveler. If extended periods are provided for in the European Union legislation on passenger rights applicable to the means of transport concerned for the return journey of the traveler, those periods shall apply.
The cost limitation provided for above shall not apply to persons with reduced mobility, as defined in Article 2(a) of Regulation (EC) No 1107/2006, to persons accompanying them, pregnant women and unaccompanied minors, or to persons requiring specific medical assistance, provided that the organizer or retailer has been notified of their special needs at least 48 hours before the start of the contract. The Provider or its partners may not invoke exceptional and unavoidable circumstances to limit liability under this Article if the transport provider concerned cannot rely on such circumstances under applicable European Union law.
- Dispute Resolution & Applicable Law
In order for any claim related to the reservation of the Services or their execution to be processed, it must:
- Be sent to the Service Provider’s After-Sales Service at the addresses indicated at the top of this document by registered letter with acknowledgement of receipt within sixty (60) days of the performance of the Services
- Accompanied by any supporting documents issued to the Customer in the context of his Order and proving the validity of the Order.
Any Customer who has not received a satisfactory response to his complaint within sixty (60) days of the complaint being referred to the After-Sales Service may resort free of charge to a conventional mediation procedure, under the conditions of Articles L.611-1 et seq. of the French Consumer Code, or any other alternative method of dispute resolution. The Customer is informed of the possibility of having recourse to a mediation procedure with the Tourism and Travel Mediator in accordance with the terms and conditions set out on the website www.mtv.travel within a maximum period of one (1) year from the date of the written complaint made to the Seller.
All disputes, to which the Orders placed in application of these GCS, not resolved amicably or by mediation, will be submitted to the competent French courts, under the conditions of common law.
For the purposes of these GCS, the Service Provider shall elect domicile at the place of its registered office, as mentioned at the head of these GCS.
These GCS are subject to French law and in particular to the French Tourism Code.
- Standard information form
If you conclude a contract with the company SNOWKITE SENSATION within 24 hours after receiving confirmation of the reservation from the company SNOWKITE SENSATION, the travel service provided by the companies SNOWKITE SENSATION and its Partners will constitute a package within the meaning of Directive (EU) 2015/2302 and Article L.211-2 of the Tourism Code. Consequently, you will benefit from all the rights granted by the European Union applicable to packages. The company SNOWKITE SENSATION will be entirely responsible for the proper execution of the package as a whole.
In addition, as required by law, SNOWKITE SENSATION has a protection to reimburse your payments and, if transportation is included in the package, to ensure your repatriation in case it becomes insolvent.
For more information on essential rights under the (EU) 2015/2302 Directive
By clicking on the hyperlink, the traveler will receive the following information:
Essential rights provided for by Directive (EU) 2015/2302 transposed in the Tourism Code:
Travelers will receive all essential information on travel services before concluding the package travel contract.
Both the organizer and the retailer are responsible for the proper performance of all travel services included in the contract.
Travelers will be given an emergency telephone number or contact details of a contact point where they can reach the organizer or retailer.
Travelers may transfer their package to another person, subject to reasonable notice and possibly additional charges.
The price of the package may be increased only if specific costs increase (e.g. fuel prices) and if this possibility is explicitly provided for in the contract, and in any case may not be changed less than twenty days before the start of the package. If the price increase exceeds 8% of the package price, the traveler may cancel the contract. If the Tour Operator reserves the right to increase the price, the traveler is entitled to a price reduction if the corresponding costs are reduced.
Travelers may cancel the contract without paying a cancellation fee and receive a full refund of the payments made if one of the essential elements of the package, other than the price, undergoes a substantial change. If, before the start of the package, the professional responsible for the package cancels it, travelers may obtain reimbursement and compensation, if appropriate.
Travelers may cancel the contract without paying a cancellation fee before the start of the package in the event of exceptional circumstances, for example if there are serious safety problems at the place of destination which may affect the package.
In addition, travelers may, at any time before the start of the package, cancel the contract by paying an appropriate and justifiable cancellation fee.
If, after the start of the package, important elements of the package cannot be provided as planned, travelers must be offered other appropriate services at no extra charge. Travelers may cancel the contract without payment of cancellation fees if the services are not performed in accordance with the contract, if this significantly disrupts the performance of the package and if the organizer does not remedy the problem.
Travelers are also entitled to a price reduction and/or compensation for non-performance or poor performance of the travel services.
The organizer or retailer must provide assistance if the traveler is in difficulty.
If the organizer or retailer becomes insolvent, the amounts paid will be refunded. If the organizer or retailer becomes insolvent after the start of the package and the transport is included in the package, the repatriation of the travelers is guaranteed. SNOWKITE SENSATION has taken out insolvency protection with the APST https://www.apst.travel/2017/05/15/qui-sommes-nous/. Travelers can contact this entity (contact details including name, geographical address, e-mail address and telephone number) if they are refused services due to SNOWKITE SENSATION’s insolvency.