General Terms and Conditions for Equipment Rental and other Services on the Internet

Preamble

Twinner France, doing business under the name Twinner Sport.

Share capital of 198 186 euros.

Registered offices ZAC des Plans 38600 FONTAINE FRANCE. Tel: 0033 (0)4.76.85.92.76

Registered with the Trade and Companies Register of Grenoble under number 323 779 983.

Person in charge of Publication: Gérard POUSSARD

Notification of the site to CNIL under number 844634

Hosting company Mezcalito, 17 boulevard Agutte Sembat 38000 GRENOBLE FRANCE

For any question, contact by email: inforesa@twinner.org

Contact by post: Twinner Sport ZAC des Plans 38600 FONTAINE FRANCE.

Article 1

Twinner Sport is appointed by its members to register the bookings of different types of equipment and other services intended to be rented by the rental shops of the Twinner Sport network in winter sport resorts.

Article 2

The different equipment and other services offered are described according to a type of classification such as detailed on the pages of the site.
Their availability is subject to confirmation by Twinner Sport; such confirmation is made by electronic mail (e-mail) at the address supplied by the client after receipt of the payment of the deposit.

If payment is made by credit card: upon receipt of the confirmation of the transaction for payment of the deposit;

If payment is made by check: upon receipt of the check with the amount of the deposit.

Article 3

To place an order, the client follows the following process:

Step 1: select the service desired in the online shopping area;
Step 2: fill in the compulsory fields of the form, amounting to a purchase order;
Step 3: accept the general terms and conditions and the order by the “simple click” technique;
Step 4: check the order and modify it where applicable;
Step 5: confirm the order.

Article 4

After confirmation of the booking, the client has seven clear days to exercise his/her right to withdraw, without having to give any reasons or pay any penalties according to Article L. 121-20 of the Consumer Code.

However, in accordance with Article L. 121-20-2 1° of the Consumer Code, the client may not exercise his/her right of withdrawal if he/she accesses to the rental and/or any other services prior the end of the seven-clear-day period.

Article 5

The sums due for the booking are paid by credit card via a secure transmission system or by check sent by post to:

Twinner Sport, Zac des Plans 38600 FONTAINE - FRANCE

The check should be sent within 8 days after the booking, otherwise the booking will be cancelled.

The method of payment currently available on the site is secure. It has been implemented with the banking partner (Banque Populairel) and the IT partner (Cyberplus) of Twinner Sport.

Any payment by credit card systematically triggers a request for authorization to debit and any rejection, for any reason whatsoever, implies the end of the order by Twinner Sport.

Article 6

The photographs and graphic elements presented are for information only and are not contractual. Twinner Sport nevertheless undertakes to supply equipment with quality and technique corresponding to the category booked.

Article 7

The prices for the equipment rented and other services offered are mentioned on Twinner Sport site. Prices are in euros and include the VAT applicable the day the order is placed.

The price is fixed by the rental shop in accordance with the recommendations of Twinner Sport.

Enforceable equipment prices are those appearing on the website at the time that the client validates their order.

The price to rent the equipment and/or other services corresponds to a specific period, category or resort; according to the number of booking days an additional day may be offered.

The deposit to be paid for the booking accounts for 15% of the price indicated at the time of booking.

Registration fees (1 euro per piece of equipment, up to a maximum of 5 euros) must be paid at the time of booking.

The price for the rental and/or other services does not include the communication costs incurred when using the Twinner Sport site.

The client may become a member of a Twinner Sports’ partner, such as indicated on the pages of the site, and benefit from special rates.

The internet offer cannot be combined with any other offer: no additional discount, reduction vouchers or any other reduction resulting from a partnership (Cartes Pass Loisirs, Butterfly, etc.) applies to the payment of the balance in the shop.

Article 8

The equipment and other services booked will be available for the period chosen in the rental shop at the address indicated in the confirmation.

Any claim concerning the rented equipment and/or any other services must be sent to the shop concerned by registered letter return receipt requested no later than three business days after the end of the period chosen.

Article 9

The equipment is deemed to be in good condition and fit for normal use. The client alone decides if he/she is capable of using such equipment.

The equipment rented is placed under the responsibility of the client as soon as it is in his/her possession. The client must take care of the equipment and use it for normal recreational purposes, to the exclusion of any competitions, except for the events organized by establishments approved by the rental shop.

The equipment is rented for the exclusive use of the client and can under no circumstances be loaned or sub-rented or entrusted to a third party.

RESPONSIBILITY - GUARANTEE
As long as all of the obligations arising from the contract are executed, the client will benefit from the following dispositions, except in case of fraud:

1)Unless the client has subscribed to the 'theft, breakages' guarantee foreseen in paragraph 2) below, the client will not benefit from any cover for any damages to the rented item and personally accepts responsibility in relation to said damages whatever their cause. However, the client will not be held responsible for the damaging consequences of hidden faults in the rented equipment or of wear which is not apparent but renders the equipment inappropriate for the use for which it is intended, as long as proof of such faults or wear can be demonstrated by the client.

2)'Theft, breakages' guarantee: the client may, if he wishes, when he takes possession of the equipment, subscribe to a guarantee which is payable in advance and invoiced according to the conditions posted in this shop. In this case, the shop will have no further claim against the client and will take responsibility, in the framework of normal use, the entirety of the costs of repair or replacement after deduction of a contribution equivalent to the price of a rental of 7 days for a piece of equipment identical to the rented item. The payment of this contribution will be in addition to payment for the actual days of rental.


Equipment insured: excess


Equipment not insured: refund


49 euros for Pack éco-Junior-Baby

69 euros for Alpin Bleu-Junior Noir-Jeune

89 euros for Alpin Rouge

129 euros for Alpin Noir

149 euros for Alpin Prestige


15 euros charge for broken or stolen poles


The conditions only applied to skis and exclude poles and boots



150 to 249 euros for Pack éco-Junior-Baby

250 to 349 euros for Alpin Bleu-Junior Noir-Jeune

350 to 449 euros for Alpin Rouge

450 to 649 euros for Alpin Noir

over 650 euros for Alpin Prestige


Wear and Tear : -15% per year from equipment purchase date

To allow this guarantee to operate, the client must:
- in case of theft: supply to the shop, within 24 hours, the original of the report of theft, issued by the gendarmerie or the police services.
- in case of breakage: return of the damaged equipment to the Twinner Sport shop, the equipment being recognisable and complete.

3) The loss and disappearance of the equipment are not covered. In these cases, the equipment will be invoiced to the client on the basis of the sale price including VAT of the equipment, once an ageing deduction of 15% per year has been made.

4) In case of theft by the client, or of any misappropriation or damage whatsoever to the equipment resulting from non-respect of the rules for use or of the regulations in force, or of the terms and conditions of the present contract, Twinner Sport may make a claim for the totality of the prejudice.

Article 10

If the ‘Multi-equipment’ option (optional) is selected by the client, depending on availability in the rental shop, the client has the right to exchange the equipment hired for other available equipment from the same category as long as the rental price is the same or the client pays the difference if the rental price is higher. If the client has not selected the ‘Multi-equipment’ option, any equipment change will be billed directly to the client by the rental shop.

If equipment is exchanged for cheaper equipment, the difference is not reimbursed.

If equipment is exchanged for more expensive equipment, the client must pay the difference.

Article 11

Any equipment rental period can be adjusted with the ‘Multi-date’ option.

The period of the rental and/or any other services is indicated in the booking; a day begins on the opening of the rental shop and ends on its closing.

In no event may such period be modified without the agreement of the rental shop.

If the client decides to shorten the rental period for any reason whatsoever after having collected the equipment, the deposit and the final rental balance will not be refunded.

The equipment must be picked up on the day scheduled; any delay must be notified to the rental shop.

If the equipment has not been picked up 2 days after the day scheduled, the booking will be cancelled and the amount of the deposit will be kept by Twinner Sport.

Article 12

The equipment must be returned in good condition.

Failure to return the equipment may give rise to proceedings against the client. The client will have to pay the cost of such proceedings as well as the price of the equipment not returned invoiced at its market value as of the return date, VAT included.

Article 13

By selecting the ‘Holiday cancellation cover’ option (optional), the client has the right to cancel equipment rental and/or other services until the eve of the start date by sending an email to inforesa@twinner.org


Twinner Sport will refund the deposit paid, to the exclusion of the registration fees, within 15 days after receipt of the client’s request.
If the client does not send a cancellation request within the period mentioned above, the sums paid will not be refunded.

Article 14

By activating the option “I accept the general terms and conditions for equipment rental and other services” the client accepts these general terms and the purchase order and makes an electronic signature that has between the parties the same value as a handwritten signature.

Article 15

Hypertext links may link to sites other than Twinner Sport; Twinner Sport shall not be responsible in any event whatsoever for the content of the sites visited by the Internet user in the event these sites violate the laws and regulations in force.

Article 16

Information requested by Twinner Sport is required to process the order.

The client has a right to access, modify, rectify and suppress the data about him/her by writing to Twinner Sport:

By email: inforesa@twinner.org

By post: ZAC des Plans, 38600 FONTAINE FRANCE.

Article 17

The version of the general terms and conditions enforceable against the client is the version posted on the site at the time the order is validated by the client.

The general terms and conditions appearing online on the website of Twinner Sport prevail over any prior paper versions.

The general terms and conditions are subject to change at any time by Twinner Sport.

The different versions of the general terms and conditions are archived by Twinner Sport.

Article 18

Transactions are made in the French language (translations into other languages are for information purposes only).

Article 19

Snow guarantee: all bookings made online include a Snow Guarantee.

The rental store agrees to reduce the amount due and guarantees reimbursement for the number of days not skied because of lack of snow or bad weather on condition that the company managing the resort?s ski lifts has reimbursed the customer for non-used ski passes for the days concerned. If the company managing the ski lifts has not completely reimbursed the number of days claimed, the rental store will not be able to reduce the amount due by the customer.

This agreement is subject to the laws of France; and transactions are made in Euros.

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