General Terms and Conditions of Rental and Insurance
GENERAL TERMS AND CONDITIONS OF RENTAL
BETWEEN:
The website user,
Hereinafter referred to as "the Customer"
AND:
The company Sport 2000 France,
Route d'Ollainville, 91520 Egly, France
Registration number: Evry Trade and Companies Register 421 925 918
Simplified joint-stock company with capital of 500,000 euros
EEC VAT FR 31 421 925 918
Phone: +33 1.69.26.20.00
Fax: +33 1.69.90.32.89
Email: serviceclient@sport2000.fr
Legal representative: Thierry LAVIGNE, Chairman of the Board of Directors, Sport 2000 Cooperative
Acting in the name and on behalf of the member stores of the Sport 2000 network in winter sports resorts, hereinafter referred to as the "Rental Store(s)."
The list of resorts where our stores are present appears on this Website at the following address: https://location-ski.sport2000.fr/
Hereinafter referred to as "the Company"
PREAMBLE
The Company is mandated by the Rental Stores to record on this Website the bookings (hereinafter the "Booking(s)") made by the Customer for various winter sports equipment (hereinafter referred to as the "Rental").
These General Terms and Conditions of Rental (hereinafter "GTCR") are intended to define the terms of Booking and Rental of the various equipment and services on the Website. Any Booking and Rental is subject to compliance with these GTCR.
Confirmation by the Customer of a Booking on the Website implies their full and complete acceptance of these GTCR.
These GTCR may be amended solely at the Company's initiative. The terms applicable to a Booking and Rental are those in force on the Website on the date the corresponding Booking is placed.
ARTICLE 1: EQUIPMENT AND SERVICES
The various equipment and services offered for Booking on the Website are described according to categories and classification types. Photographs and graphic elements are presented for illustrative purposes only; they serve as examples but have no contractual value whatsoever.
The Rental Stores undertake to provide equipment of quality and technical standard equivalent to the category booked.
Depending on the Rental Store, the customer will need to provide their first name, height, weight, and shoe size for the desired equipment.
The various equipment is available, subject to confirmation by the Company. This confirmation is sent by email to the address provided by the Customer.
ARTICLE 2: BOOKING TERMS
2.1 – To make a Booking, the Customer:
Chooses a ski resort.
Indicates a rental period of 1 to 14 days maximum by selecting their first and last day of rental.
Selects the Rental Store open at the resort and during the period indicated above.
Selects the desired equipment by adding to their booking the equipment categories of their choice, indicating the first name of the skier(s).
Selects the services of said store by adding to their booking the services of their choice.
Selects optional insurance and their loyalty card number or promo code, if applicable.
Either identifies themselves if they already have an account, creates an account, or proceeds with a quick booking as a guest.
Selects their payment type (full or partial), their payment method (credit card, PayPal payment, ANCV connect, illicado, Amex, Apple Pay), then reviews the General Terms and Conditions of Rental.
After accepting the GTCR, proceeds to payment.
2.2 – Partner e-codes
Acquiring an e-code: The Customer may purchase, on certain Sport 2000 partner sites, gift e-codes valid on the Sport 2000 site dedicated to that partner.
How e-codes work: These give access to discounts in the form of a fixed amount in euros. This discount applies to the total amount of equipment in the cart (excluding Primo ski, processing fees, services, Multiride option, insurance). Once the code is applied, if there is a remaining balance to be paid online, the Customer must settle the transaction using the payment method of their choice (credit card or PayPal). If the amount of the gift e-code exceeds the total amount of equipment in the cart, the unused amount will be lost. E-codes cannot be combined with each other. E-codes are valid until April 30 following the date of purchase of the e-code.
Refund of e-code: The Customer previously purchased the e-code from a Sport 2000 partner. It is therefore this partner who holds the purchase transaction for this gift e-code. The refund will be made by the partner according to its own general terms and conditions of sale.
2.3 Payment by credit card or PayPal
In the case of payment by credit card or PayPal, online booking may, depending on the Rental Store, be made up to 24 hours before the start of the Rental.
Only receipt by the Company of authorization from Paybox Services SAS, which controls payments by credit card or PayPal, makes the Booking effective.
Upon receipt of authorization from Paybox Services SAS, a confirmation email of the Booking is sent to the Customer, confirming the details of the booked equipment, the Rental period and price, as well as the name and contact details of the Rental Store. This confirmation must be presented by the Customer to the Rental Store on the first day of the Rental period.
In the event of rejection of payment by credit card or PayPal, the Customer is directly informed of this rejection on the Website. The Company reserves the right to simply cancel the previously recorded Booking.
ARTICLE 3: RENTAL PRICE
3.1 – Price
The Rental price is determined based on the category of equipment booked, the service booked, the Rental period, and the resort and store chosen, in accordance with the rates in force for the period selected on the date of the Booking.
The price is inclusive of all taxes and expressed in Euros; processing fees are added to the rental price and are also expressed in Euros, inclusive of all taxes.
The prices displayed on the Site are exclusively for bookings made on the Site. The prices charged on the Site may differ from the prices charged in Sport 2000 Stores.
The rates shown on the Website are specific to each Rental Store.
Any rental made directly in-store that was not previously the subject of a Booking on the Website will be at the price of said store.
The offer granted on this Website cannot be combined with any promotional offer of any kind used outside said site.
3.2 – Payment
For the booking to be accepted, the Customer must, at the time of Booking, make full or partial payment of the price.
Full payment covers:
The equipment at the price referred to in Article 3.1 above.
The additional discount related to the use of the Sport 2000 Loyalty Card, where applicable, applicable only on the Sport 2000 website https://location-ski.sport2000.fr/.
Comprehensive ski insurance, where applicable.
The services referred to in Article 5 below, where applicable.
Processing fees of €3.90 inclusive of tax per booking.
Partial payment covers:
The deposit amount representing 30% of the price referred to in Article 3.1 above.
Comprehensive ski insurance, where applicable.
Processing fees of €3.90 inclusive of tax per booking.
Payment of amounts due at Booking is made:
Either by credit card via a secure transmission system (only credit cards bearing the CB, Visa, Mastercard, Carte Bleue, e-Carte Bleue logos, issued in France or under international networks approved by the GIE Cartes Bancaires, are accepted),
Or by PayPal via secure payment.
Or by ANCV connect (dematerialized holiday vouchers)
Or by illicado gift card (the Customer may combine several illicado cards, up to a limit of €50. The balance of the illicado card can be checked at any time on the site https://www.illicado.com/)
Or by AMEX
Or by Apple Pay
Transactions are made in Euros.
3.3 – Payment of the Balance of the price
In the case of partial payment, the balance of the Rental price covered by the Booking will be paid by the Customer directly to the Rental Store, at the time of collecting the equipment.
Failing this, the rental may be refused by the Rental Store without any refund of the deposit being possible.
ARTICLE 4: RENTED EQUIPMENT
The Rented Equipment is collected at the Rental Store where the Booking was made and confirmed in the Booking email.
The Rented Equipment is made available to the person who made the Booking, and under their sole responsibility, upon presentation of the Booking confirmation email.
The Rented Equipment may be collected the day before the first day of rental, from the time communicated by the Rental Store on the Website and on the booking, subject to availability.
The Rental Store provides the Customer with a rental form indicating the rented equipment, the collection date, the equipment, and the scheduled return date of the equipment. This form is signed by the Customer upon taking possession of the equipment. All equipment must be returned to the store of origin.
To collect the equipment, the Customer may be asked for proof of identity.
The Rental Store may also require a security deposit, which may take the form of a bank imprint, to cover the risks of damage, theft, loss, or breakage of the Rented Equipment. The amount and terms of the security deposit are set by the Rental Store. This security deposit will be returned to the customer by the Rental Store upon return of the rented equipment if no anomaly is noted, under the conditions specified in Article 10 below.
Any delay in collecting the Booked Equipment must be reported to the Rental Store.
Failure to collect the equipment does not entitle the Customer to any refund.
In the event the Customer wishes to collect their equipment with a delay resulting from a case of force majeure, which they must justify, the store will make every effort to accommodate them. It is specified here that the Rental Store cannot be held liable for a lack of availability (force majeure means any event beyond one's control, unforeseeable and irresistible, as defined by case law).
In the event of full payment by the Customer, the Company will refund the difference within 30 days, by:
Crediting the credit card used in the transaction.
Crediting the PayPal account used in the transaction.
The refund cannot be made to a bank account other than the one used in the transaction.
ARTICLE 5: RENTED SERVICE
5.1 – Storage locker
The storage locker service allows the customer to store their equipment in a locked locker, inside or outside the store, so as not to have to transport it to their place of residence.
It is the Customer's responsibility to ensure that:
The locker door is properly closed when they leave the ski locker room,
The equipment stored in the locker is properly arranged so that there is no risk of equipment falling when opened,
They do not store valuable item(s) for which they remain responsible and for which the Store declines all liability,
They have left nothing inside the locker when they leave the ski locker room for the last time.
The Customer remains responsible for the equipment they leave in the ski locker. The Rental Store cannot, under any circumstances, be held liable for a Customer's failure.
Although every effort is made to protect and secure the ski locker room, the Rental Store declines all liability in the event of theft, damage, forgotten or damaged items.
The Rental Store will take any action it deems necessary in the event of misuse or damage to the resources made available to its customers. Rates: the service is free or paid; the price of this service may vary depending on the store. Public rates appear on the Website and are specific to each Rental Store.
Subject to available stock.
Only in participating stores, see list here.
5.2 – Delivery
The delivery service allows the customer to have the ski equipment booked online delivered directly to their place of residence at the resort.
The Customer may add the delivery service to their cart. This service offers delivery of the rented equipment to the address requested by the customer at the resort by the Customer's first day of skiing. This offer is limited to a number of packs defined by the store. This number will be specified by the store to the Customer when contact is made to agree on a delivery address and time. If, however, the number of rented packs were to exceed this limit, the store undertakes to offer the Customer a solution, at an additional cost.
The Customer undertakes to fill in all the information necessary to enable the store to contact them in order to define the terms of delivery. A mobile phone number is required to subscribe to this service.
The store undertakes to contact the customer to agree together on a delivery time and address (at the resort of the Sport 2000 store) no later than 5:00 p.m. the day before the Customer's first day of skiing.
The store will inform the Customer, when making telephone contact, of any specific constraints that may apply.
If the customer's area is outside the zone covered by the store, the latter will cancel the delivery service (if applicable, see Article 7 modification of a booking).
If the Customer cannot make themselves available for all the time slots proposed by the store, or if they cannot be reached to arrange the appointment, the delivery service will be cancelled.
Rates: the service is free or paid; the price of this service may vary depending on the store. Public rates appear on the Website and are specific to each Rental Store. Subject to availability. Only in participating stores, see list here.
5.3 – Click & Collect
Click and collect is a service allowing the Customer to collect their equipment in a specific area defined by the Store, "without fitting," or at a remote address near the Store.
The Customer undertakes to fill in all the information necessary to enable the store to prepare their equipment so as to be able to benefit from click & collect upon arrival at the resort.
Any delay in collecting the Booked Equipment must be reported to the Rental Store.
Failure to collect the equipment does not entitle the Customer to any refund (see GTCR Article 4.1).
Rates: the service is free or paid; the price of this service may vary depending on the store. Public rates appear on the Website and are specific to each Rental Store. Subject to participating stores. Subject to availability. Only in participating stores, see list here.
5.4 – Priority access ("Coupe-file")
Priority access is a service allowing the Customer to try on and collect their equipment without having to queue upon arrival at the store. They benefit from priority access to being served by the Store.
The Customer undertakes to fill in all the information necessary to enable the store to prepare their equipment so as to be able to benefit from priority access.
Rates: the service is free or paid; the price of this service may vary depending on the store.
Public rates, discounts and reductions appear on the Website and are specific to each Rental Store. Subject to participating stores. Subject to availability. Only in participating stores, see list here.
5.5 – Custody / Watch service ("Gardiennage")
The custody service allows the customer to store their equipment on open ski racks inside the store so as not to have to transport it to their place of residence.
It is the Customer's responsibility to ensure that:
The equipment stored on the ski rack is properly arranged so that there is no risk of equipment falling,
They do not store valuable item(s) for which they remain responsible and for which the Store declines all liability, Subject to participating stores. Subject to availability. Only in participating stores, see list here.
ARTICLE 6: AVAILABILITY
The Rented Equipment will be available for the period selected at the Rental Store. The rental therefore automatically ends on the dates and times indicated on the rental form.
The Company cannot be held liable for any failure or delay in the equipment being made available by the relevant Rental Store.
Rental Stores cannot be held liable for delays in making Rented Equipment available for reasons beyond their control or in cases of force majeure. In such a case, the Rental Store will make every effort, depending on stock available in-store, to provide the Customer with equipment of equal or superior quality to that booked, at no additional cost.
Any complaint concerning the Rented Equipment must be sent directly to the Rental Store, by registered letter with acknowledgment of receipt, no later than 3 business days after the end of the Rental period.
ARTICLE 7: MODIFICATION OF A BOOKING
Modifying a booking is not possible on the Site.
Only our customer service is authorized to make modifications at the Customer's request, either using the form here or by sending an email to serviceclient@sport2000.fr, specifying:
In the subject line of the email: "Modification of a booking,"
In the body of the email, the booking number and the nature of the modification.
Only the following Customer requests will be accepted:
Addition or removal of equipment and services within the store where the booking was made.
Modification of the rental period within the store where the booking was made.
Change of store for the same rental period.
Subject to the following conditions:
If the Customer modifies their booking and the Rental costs are higher, the difference will be charged at the current rate of the Rental Store. The Company retains the amount initially paid. The additional amount will be added to the balance to be paid in-store upon receipt of the rented items.
If the amount of the modified booking is lower than the price initially invoiced:
If the customer paid 100% of their booking online, the difference will be paid into the bank account used for payment within a maximum of 30 days.
If the customer only paid a deposit online, the difference will be deducted from the balance to be paid in-store.
If the Customer modifies their booking less than 48 hours before the start of their Rental, this modification will be treated as a cancellation of the previous booking under the conditions described in Article 7 below.
ARTICLE 8: CANCELLATION OF A BOOKING
8.1 – Exercise of the Right of Withdrawal
The Customer has a right of withdrawal; they may cancel the Rental of the equipment provided they do so within 14 calendar days from receipt of the Booking confirmation email, by sending their withdrawal request either:
Using the form here
By mail to the following address: Sport 2000 – Route d'Ollainville – 91520 EGLY – France,
By email to serviceclient@sport2000.fr.
Or using the standard withdrawal form template attached in the appendix.
The Company 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 withdrawal request.
No refund will be possible in the event of payment by ANCV connect.
Indeed, as specified by ANCV, the Chèque-Vacances (holiday voucher) has no fungible or liquid character whatsoever. It is therefore not convertible into cash.
Once the customer has collected the booked equipment at the Rental Store, before the expiry of this 14-day period, the right of withdrawal no longer applies.
After this 14-day period, the Customer may cancel a booking under the conditions stipulated below.
Similarly, if the Customer opts for an equipment collection date less than 14 days away, and if they do not come to collect the equipment on the scheduled date or does not exercise their right of withdrawal before 8:00 a.m. on the first day of skiing, the right of withdrawal no longer applies; the booking will then be cancelled under the conditions set out below.
8.2 – Cancellation before collecting the equipment
After this 14-day period, the Customer may cancel a booking under the conditions stipulated below.
Cancellation of a booking is not possible on the Site.
Payments made by ANCV CONNECT are not refundable.
Only our customer service is authorized to process cancellations at the Customer's request sent by email to serviceclient@sport2000.fr, specifying:
using the form here
Cancellation is governed by the conditions set out in the following table:
Cancellation conditions — Sport 2000 retains
If the Customer cancels their booking after the withdrawal period (14 days) and more than 30 days before the start of their rental: The processing fee of €3.90 inclusive of tax.
If, after the withdrawal period (14 days), the Customer cancels their booking between 30 days and 7 days before the start of the Rental: The processing fee of €3.90 inclusive of tax, plus 9% of the total amount of the Rented Equipment.
If, after the withdrawal period (14 days), the Customer cancels their booking between 6 days and 3 days before the start of the Rental: The processing fee of €3.90 inclusive of tax, plus 15% of the amount of the Rented Equipment.
If the Customer cancels their booking less than 3 days before the start of the Rental: The processing fee of €3.90 inclusive of tax, plus 30% of the total amount of the Rented Equipment.
SPORT 2000 will refund the amounts due to the customer within 30 days of the request.
However, if the cancellation is the result of a case of force majeure (force majeure meaning any event beyond one's control, unforeseeable and irresistible) suffered by the Customer, which they must justify, the Company will retain the processing fee of €3.90 inclusive of tax and refund the balance of the amount paid by the Customer within a maximum of 30 days.
Once a cancelled booking is refunded to the Customer, this will be done by:
Crediting the credit card used in the transaction.
Crediting the PayPal account used in the transaction.
The refund cannot be made to a bank account other than the one used in the transaction.
No refund will be possible if payment was made by ANCV Connect.
8.3 – Cancellation after collecting the equipment
After collecting the equipment, once the Customer has collected the Equipment in-store, cancellation is no longer possible. The Customer cannot claim any refund of the amounts committed at the time of booking.
8.4 – FAILURE TO COLLECT EQUIPMENT
In the event of failure to collect, the Company will retain the processing fee of €3.90 inclusive of tax as well as 30% of the amount of the rented equipment.
Any complaint is only admissible within a maximum period of 2 months from the scheduled date of the 1st day of skiing.
8.5 HEALTH CRISIS – COVID-19
In the event of cancellation of a booking due to Covid-19, the Customer must send a medical certificate issued by a doctor (addressed to the Customer or a member of their booking) to Customer Service by email at serviceclient@sport2000.fr no later than the day before their 1st day of ski rental.
Only the booking of the Customer or the member of their booking for whom there is a medical certificate certifying Covid-19 will be cancelled and then refunded. Sport 2000 will retain the Processing fee of €3.90.
The refund cannot be made to a bank account other than the one used in the transaction.
ARTICLE 9: DURATION
The duration of the Rental is set for the period indicated on the Booking.
A day begins at 9:00 a.m. and ends at 6:00 p.m.
Under no circumstances may this duration be modified without the agreement of the Rental Store.
ARTICLE 10: USE / LIABILITY / RETURN
Any adjustment of the Rented Equipment is carried out exclusively by the Rental Store.
The Customer assumes full responsibility for the Rented Equipment from the moment they take possession of it. They remain responsible for it until it is fully returned.
The Equipment is deemed to be in good condition and suitable for normal use. It must be returned as such.
Any reservations regarding the condition of the Rented Equipment must be reported to the Rental Store when the Equipment is collected; a note will be made on the rental form.
Failing this, no subsequent claim will be accepted.
Upon expiry of the rental period indicated on the rental form, in the event of non-return on the scheduled dates and times, the Customer will remain solely responsible for the Equipment in their possession until it is actually returned.
Late fees may be applied by the Rental Store.
The Rented Equipment is returned at the end of the day of the period indicated on the rental form or the following day before 10 a.m. Any delay in return after 10 a.m. the following day may result in the Rental Store invoicing one day of rental per day of delay, at the rate posted in the store.
Loss, theft, or breakage can be covered directly in-store.
Failure to return equipment may result in the implementation of a recovery procedure, the costs of which will be borne by the Customer. The Rental Store will invoice the customer for the equipment at its market value, inclusive of tax, less depreciation for wear. In the event the Rental Store had requested a security deposit, this invoicing will be reflected in particular by the retention of said deposit.
The Customer has the option of protecting themselves against the risk of theft and breakage of the Rented Equipment, as well as the risk of cancellation or interruption of their stay, by subscribing to comprehensive ski insurance (Article 10 below).
The Customer remains responsible for any damage sustained by the Rented Equipment, with the exception of normal wear and tear or hidden defects. They are liable for any other damage, which will then give rise to payment of restoration or even replacement costs for said Equipment, up to the maximum replacement value at the new public price, in addition to the rental price. The Customer undertakes to pay these costs upon return of the Rented Equipment, where applicable by deduction from the deposit provided for in Article 4 of these GTCR. All repairs are carried out exclusively by the Rental Store.
ARTICLE 11: COMPREHENSIVE SKI INSURANCE
The Customer has the option of protecting themselves against the risk of theft and breakage of the rented equipment, as well as the risk of cancellation or interruption of their stay, by subscribing to comprehensive ski insurance.
ARTICLE 12: PERSONAL DATA
Sport 2000 France (the site publisher) and your store, as data controllers, implement processing of personal data with the main purposes of: processing and following up your requests for information/contact and the responses to be provided, order management, delivery management, invoicing management, implementation of the loyalty program, carrying out loyalty operations, building customer and prospect files, allowing you to access reserved and personal areas of our site such as your customer account or personal profile, customer account management, implementation of after-sales service, complaints management, carrying out commercial statistics, carrying out satisfaction surveys, carrying out marketing analyses, organizing contests, organizing promotional operations, management and processing of requests to exercise your rights, management and prevention of unpaid debts, dispute management, management of your comments, detection of and fight against fraud, etc., and more generally the management of the relationship with users of this site, including commercial, communication and marketing operations (in particular segmentation, targeting, commercial prospecting, telemarketing, offer personalization, newsletter, satisfaction survey).
Fields marked with an asterisk on the collection forms are mandatory; they correspond to a requirement to provide personal data of a regulatory or contractual nature (it may be a condition for concluding a contract). Failing to provide this information, your request may not be processed or its 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 responses to information requests, processing of orders and transactions, review of applications, etc.), (in the context of an online order for example) (in the context of an application to open a store for example);
for the pursuit of the company's legitimate interests in the context of managing and following up its relationships, particularly commercial ones, with users of the site, and more generally with its contacts, and the organization of its marketing, prospecting and communication operations in general;
for compliance with legal and regulatory obligations applicable to the company.
This information is intended for the site publisher, as well as, for the aforementioned purposes, entities of the group to which it belongs and their contractual or commercial partners and service providers.
It will be kept for a period of 3 years from your last contact, a period necessary for achieving the aforementioned purpose(s).
In accordance with the applicable provisions regarding the protection of personal data, you have the right to query, access, rectify, erase and port your data, as well as the right to obtain the limitation of their processing and a right to object (to the processing of your data, as well as to prospecting, particularly commercial prospecting). You also have the right to define directives regarding the fate of your personal data and the manner in which you wish your rights to be exercised after your death. In this regard, in the event of death brought to our attention, please note that your data will be deleted, except where retention is necessary for a specified period for reasons relating to our legal and regulatory obligations and/or legal statutes of limitation, and after having, where applicable, been communicated to a third party possibly designated by you.
These rights may be exercised by email or postal mail accompanied by a copy of a signed proof of identity to contact@sport2000.fr or to the following address:
Sport 2000 France Route d'Ollainville 91520 Egly France
You also have the right to lodge 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 believe that the processing of your data is not carried out in accordance with the applicable legal and regulatory provisions.
ARTICLE 13: INTELLECTUAL PROPERTY
All the content of this Website, graphics, images, texts, logos and their layout are the exclusive property of the Company, with the exception of trademarks, logos or content belonging to other partner companies.
Any total or partial reproduction of this site by any means whatsoever, without the express authorization of the Company, is prohibited and would constitute an infringement punishable under the French Intellectual Property Code.
Any total or partial reproduction of the trademarks or logos of the Company or its partners, made from elements of this Website without the express authorization of the Company or the owner of the logo or trademark, is prohibited under the provisions of the French Intellectual Property Code.
ARTICLE 14: SEVERABILITY OF CLAUSES
The nullity, illegality, or unenforceability of any clause of these General Terms and Conditions of Rental shall not entail the nullity, illegality, or unenforceability of the other clauses of these GTCR.
ARTICLE 15: COMPLAINTS
For any complaint, the Customer may contact Consumer Services:
by mail to the following address: Sport 2000 – Route d'Ollainville – 91520 EGLY – France
by email: contact@sport2000.fr.
Once the above recourse has been exhausted, i.e. if the response to the customer's complaint is unsatisfactory or if no response has been received 1 month after filing the complaint, the customer may refer the matter free of charge to the Mediator for Cooperative and Associated Commerce, who is competent for any dispute concerning the performance of a sales or service contract covered by these general terms and conditions: by mail to the following address: Mediator for Cooperative and Associated Commerce – FCA - 77 rue de Lourmel – 75015 PARIS, or on the mediator's website www.mcca-mediation.fr, which contains the Charter of Mediation for Cooperative and Associated Commerce and the supporting documents to be provided.
Online Dispute Resolution Platform
Pursuant to Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the customer is informed of the possibility of referring the matter to the Online Dispute Resolution (ODR) platform made available by the Commission, accessible from the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The customer may also contact the Company electronically at this address: contact@sport2000.fr
ARTICLE 16: ODR PLATFORM
Pursuant to Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the customer is informed of the possibility of referring the matter to the Online Dispute Resolution (ODR) platform made available by the Commission, accessible from the following link: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
The customer may also contact the Company electronically at this address: contact@sport2000.fr
ARTICLE 17: BLOCTEL – OPT-OUT OF TELEMARKETING
You have the option to register free of charge on a telemarketing opt-out list, BLOCTEL (www.bloctel.gouv.fr), in order to no longer be contacted by telephone by a professional with whom you do not have an ongoing contractual relationship, in accordance with Law No. 2014-344 of 17 March 2014 on consumption.
Any consumer has the option to register free of charge on this list at https://www.bloctel.gouv.fr/
ARTICLE 18: EXTENDED PRODUCER RESPONSIBILITY
Textile, linen, footwear UID (Refashion): FR216580_11NHTF
Packaging, paper UID (Citeo): FR216580_03SLAR
Toy/furniture UID (Ecomobilier): FR216580_12LDSU
ASL UID (ECOLOGIC): FR216580_22XRGT
ARTICLE 19: DISPUTES / APPLICABLE LAW
These GTCR are governed by French law.
APPENDIX: STANDARD WITHDRAWAL FORM TEMPLATE
Name(s) and reference(s) of booked item(s):
Booked on:
Booking number:
Resort name:
Rental Store name(s):
Name of the customer who made the booking:
Address of the customer who made the booking:
STANDARD WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw from the contract.)
To the attention of SPORT 2000 – Mountain Department - route d'Ollainville 91520 EGLY. contact@sport2000.fr.
I/We () hereby notify () my/our () withdrawal from the contract for the sale of the goods ()/for the provision of services (*) below:
Ordered on ()/received on ():
Name of the consumer(s):
Address of the consumer(s):
Name(s) and reference(s) of booked item(s):
Booked on:
Booking number:
Resort name:
Rental Store name(s):
Name of the customer who made the booking:
Address of the customer who made the booking:
Signature of the consumer(s) (only in the case of notification of this form on paper):
Date:
(*) Delete as appropriate.
Notification address:
Route d'Ollainville – 91540 Egly
GENERAL TERMS AND CONDITIONS OF INSURANCE
Like any insurance contract, this one includes reciprocal rights and obligations. It is governed by the French Insurance Code. These rights and obligations are set out below.
CANCELLATION
The Cancellation guarantee provides for reimbursement of cancellation costs for the rental of the guaranteed Ski Equipment before Departure, within the limits of the amounts and Deductible provided for in the "Table of Guarantees," remaining at the Insured's expense and invoiced by Sport 2000 pursuant to the general terms and conditions of rental relating to the rental of Ski Equipment, if the Insured cannot depart for one of the following reasons:
Accidental death, Accident or Illness preventing the Insured from traveling by their own means, Hospitalization, including relapses or worsening of an Accident or Illness prior to subscribing to this guarantee, it being understood that the date of first medical observation of the worsening, progression, or relapse will be taken into account for calculating the reimbursement:
of the Insured,
of their Spouse,
of a member of their Family (as defined in this contract), or
of any person habitually living with them.
Serious illness or death (including serious illness following an epidemic or pandemic declared within 30 days prior to departure):
Of the insured
Of their spouse
Of a member of their Family (as defined in this contract), or of any person habitually living with them
Pregnancy not known at the time of subscription and contraindicating the trip by its very nature, pathological pregnancy, miscarriage, therapeutic termination of pregnancy, childbirth and their aftermath occurring before the 8th month.
Material damage (more than 50% destroyed) or significant theft, occurring at the Insured's Home or their business premises of which they are the owner, tenant, or occupant free of charge, and requiring their presence on site to carry out necessary protective measures.
Economic layoff, provided that the procedure was not initiated before subscribing to the guarantee.
Obtaining salaried employment or a paid internship before Departure while registered with France Travail, excluding extension or renewal of an employment or internship contract.
Modification or cancellation by the employer of the previously granted paid leave period to take the trip, subject to the application of a minimum deductible of 20% of the amount of the compensation. Members of a liberal profession, business managers, and legal representatives of companies are excluded.
Summons to a university resit exam on a date during the planned trip, provided that failure of the exam was not known at the time of subscribing to the guarantee.
Summons for a date during the planned trip and not known at the time of subscribing to the guarantee, which cannot be postponed and requires their presence for an administrative reason below:
summons regarding the adoption of a child,
summons as a witness or juror at an Assizes court,
Refusal of a tourist visa by the authorities of the country chosen for the trip, provided that no application was previously filed and already refused by these authorities for a previous trip.
Refusal to board following a temperature check of the beneficiary/Insured upon arrival at the departure airport
Theft of identity card or passport occurring 48 hours prior to Departure if these documents are essential for the trip.
SERIOUS DAMAGE TO YOUR VEHICLE within 48 hours prior to departure and to the extent that it cannot be used to travel to the destination or to the meeting point set by the organizer.
Granting of employment or an internship by France Travail, provided that the person is registered as a jobseeker with France Travail and that the employment or internship begins before or during the trip. Modification of the type of employment contract is not covered (e.g., conversion of a fixed-term contract into a permanent contract).
PROFESSIONAL TRANSFER imposed by your hierarchy and not requested by you, excluding business owners, liberal professions, craftsmen, and intermittent entertainment workers. A deductible of 25% remains at your expense.
Contraindication and consequences of vaccination.
TABLE OF GUARANTEES
GUARANTEE: Cancellation
AMOUNTS AND LIMITS:
Maximum per Insured: 300 Euros
Maximum per event: 5,000 Euros
10% deductible in the event of cancellation less than 48 hours before Departure
CALCULATION OF CANCELLATION FEE REIMBURSEMENT
When the Insured has chosen this option and their cancellation occurs between the effective date of the guarantee and 48 hours before Departure, the Insurer reimburses the actual amount paid by the insured, after deduction of taxes, insurance premiums, and processing fees.
When the Insured has chosen this option and their cancellation occurs less than 48 hours before Departure, the Insurer reimburses 100% of the amount of ski rental costs invoiced by Sport 2000 pursuant to the special conditions of sale, after deduction of taxes, insurance premiums, processing fees, and a deductible of 10% of the amount reimbursed by the Insurer.
INTERRUPTION
If the insured must interrupt the trip covered by this contract, the Insurer undertakes to reimburse unused days of ski equipment rental, for which the insured cannot demand a refund, replacement, or compensation from the service provider, in the case of:
Death, serious illness, serious bodily injury preventing the insured from traveling by their own means, hospitalization including relapses or worsening of an accident or illness prior to subscribing to this guarantee: of the insured, their spouse by law or in fact, their ascendants or descendants up to the 2nd degree, their fathers-in-law, mothers-in-law, brothers, sisters, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, as well as any other person habitually living with the insured.
Material damage (more than 50% destroyed) or significant theft, occurring at the Insured's Home or their business premises of which they are the owner, tenant, or occupant free of charge, and requiring their presence on site to carry out necessary protective measures.
Summons for a date during the planned trip and not known at the time of subscribing to the guarantee, which cannot be postponed and requires their presence for an administrative reason below:
summons regarding the adoption of a child,
summons as a witness or juror at an Assizes court,
summons to a university resit exam on a date during the planned trip, provided that failure of the exam was not known at the time of subscribing to the guarantee.
Reimbursement will be made pro rata temporis.
TABLE OF GUARANTEES
GUARANTEE: Interruption
AMOUNTS AND LIMITS:
Maximum per Insured: 300 Euros
Maximum per event: 5,000 Euros
THEFT & BREAKAGE
In the event of accidental material damage to the guaranteed Ski Equipment: coverage of repair or replacement of the guaranteed Ski Equipment if it is not repairable or is economically unrepairable, up to a limit of €600 per guaranteed Ski Equipment item and after application of a deductible.
In the event of simple theft or theft by breaking and entering of the guaranteed Ski Equipment: coverage of the replacement costs of the guaranteed Ski Equipment, up to a limit of €600 per guaranteed Ski Equipment item and after application of a deductible.
The deductible borne by the insured is set according to the category of guaranteed Ski Equipment:
€25 for baby and junior skis and snowboards (alone or as packs)
€40 for adult green, blue, red, mini ski, black, freestyle skis and snowboards (alone or as packs)
€50 for freeride and touring skis (alone or as packs)
€75 for diamond skis (alone or as packs)
€100 for premium and touring skis (alone or as packs)
€2 for ski poles
The guarantee is limited to a single claim per guaranteed Ski Equipment item and per insurance period.
COMPENSATION
In the event of theft or breakage of the equipment, the compensation procedure is as follows:
The insured will reimburse the store where the equipment was collected for the total amount of the damage.
After investigation and acceptance of the covered Claim, the Insurer will compensate the Insured for the repair or replacement costs of the guaranteed Ski Equipment, less the contractual deductible.
EXCLUSIONS FROM GUARANTEES
EXCLUSIONS SPECIFIC TO THE CANCELLATION/INTERRUPTION GUARANTEES
Accidents caused or provoked intentionally by the Insured or the beneficiary of the contract.
The consequences of the Insured's completed or attempted suicide.
The consumption of drugs, narcotics, similar substances, and medications not prescribed by an authorized medical authority and their consequences.
The consequences of the Insured's state of alcoholic intoxication characterized by the presence in the blood of a pure alcohol level equal to or greater than that set by French law governing road traffic.
Nervous or mental illnesses resulting in hospitalization.
Also excluded are Accidents occurring in the following circumstances:
When the Insured practices a sport professionally, practices or takes part in an amateur race requiring the use of a motorized land, air, or water vehicle.
When the Insured uses, as pilot or passenger, a microlight, hang glider, paraglider wing, or paraglider.
When the Insured participates in brawls (except in cases of legitimate self-defense), or crimes.
EXCLUSIONS SPECIFIC TO THE THEFT & BREAKAGE GUARANTEE
Theft of the guaranteed Equipment at the resort between 6:00 p.m. and 9:00 a.m.;
Theft other than theft by breaking and entering between 6:00 p.m. and 9:00 a.m.;
Loss, including loss due to a force majeure event, or disappearance of the guaranteed Ski Equipment;
Damage other than accidental Material damage;
Damage caused to the exterior parts of the guaranteed Ski Equipment that does not affect its proper functioning, such as scratches, chipping, scuffs;
Damage resulting from non-compliance with the instructions for use and maintenance provided by the Sport 2000 store where the guaranteed Ski Equipment is collected;
Damage covered by the manufacturer's, distributor's, or assembler's warranty;
Intentional or fraudulent misconduct of the Insured.
TERRITORIALITY
The guarantees apply to any covered event occurring in Metropolitan France.
IN THE EVENT OF A CLAIM
CLAIM DECLARATION
Under penalty of loss of coverage, except in cases of unforeseeable circumstances or force majeure, the Insured must declare their claim to GRITCHEN ASSURANCES – Sport 2000 Claims (GRITCHEN address) in writing (CS 70139 – 18021 BOURGES CEDEX) or by email to sinistres@gritchen.fr within 5 (five) business days following the occurrence of the claim. This declaration period is reduced to 2 (two) days in the case of theft.
FOR THE CANCELLATION/INTERRUPTION GUARANTEES
Documents required for claim settlement
Documents required, common to all claim declarations:
A detailed "claim declaration"
A copy of the booking confirmation email mentioning subscription to the Cancellation – Theft & Breakage insurance.
Documents required in the following circumstances:
Death, Accident, or Illness: Death Certificate or medical certificate, family record book (if the victim is other than the Insured)
Pregnancy: Medical certificate
Vaccination contraindication: Medical certificate
Economic layoff: Layoff certificate
Obtaining employment: Employer's certificate
Modification or cancellation of paid leave: Employer's certificate
Summons: Copy of the summons including the date it was issued
Visa refusal: Copy of the passport and sworn statement that there has been no previous refusal
Theft: Copy of the police report
If additional medical documents or any other supporting document, depending on the guarantees concerned, prove necessary for settling the Claim, the Insured will be personally informed by the claims management center or the Insurer.
COMPENSATION
Any settlement can only be made after submission of a complete file accompanied by the documents requested by the claims management center.
Once the parties have agreed, the compensation is payable without interest within 15 days.
If an expert review is necessary for settling the Claim and, without valid reason, the Insured or legal representative refuses to submit to it and, if after notice given forty-eight hours in advance by registered letter, they persist in their refusal, the Insurer will be obliged to forfeit their right to compensation for the Claim in question.
FOR THE THEFT & BREAKAGE GUARANTEE
In the event of theft by breaking and entering or simple theft
File a police report as quickly as possible with the competent authorities, mentioning the theft and its circumstances
Declare the claim to GRITCHEN ASSURANCES by forwarding the following documents: original police report expressly mentioning Theft with breaking and entering or Simple theft and a sworn statement specifying the exact circumstances of the claim (date, time, and place of the claim).
In the event of accidental Damage
Declare the claim to GRITCHEN ASSURANCES by forwarding the following documents: a sworn statement specifying the circumstances of the claim (date, time, and place of the claim) as well as the certificate from the Sport 2000 store specifying the material damage sustained by the guaranteed Ski Equipment.
Comply with GRITCHEN ASSURANCES's instructions.
MUTUAIDE ASSISTANCE may request the opinion of an expert or investigator as well as any other supporting document deemed necessary for the validity of the compensation claim.
COMPENSATION
After investigation and acceptance of the covered Claim, the Insurer will compensate the Insured for the repair or replacement costs of the guaranteed Ski Equipment.
EFFECTIVE DATE AND DURATION OF MEMBERSHIP AND GUARANTEES
The effective date of membership and the effective date of the guarantees are identical. Subject to actual payment of the premium, membership takes effect on the day the guaranteed Ski Equipment is collected in-store.
The duration of membership and the duration of the guarantees are identical. They correspond to the duration of the rental of the guaranteed Ski Equipment as indicated at the time of booking on the Sport 2000 website.
Membership and guarantees end:
upon expiry of the guarantee validity period;
in all other cases provided for by the Insurance Code, particularly in the event of non-payment of premiums or in the event of disappearance or total destruction of the guaranteed Ski Equipment not triggering the guarantees.
PREMIUMS
The insurance premium is determined based on the number of guaranteed Ski Equipment items and the number of rental days. It is payable at the same time as payment for the booking of the guaranteed Ski Equipment on the Sport 2000 website.
WHAT ARE THE GENERAL EXCLUSIONS APPLICABLE TO ALL OF OUR GUARANTEES?
We cannot intervene when your requests for guarantees or services are the consequence of damage resulting from:
Services that were not requested during the trip or that were not organized by us, or with our agreement, do not entitle the holder, retroactively, to a refund or compensation,
Catering, hotel costs, except those specified in the text of the guarantees,
Damage caused intentionally by the Insured and that resulting from their participation in a crime, an offense, or a brawl, except in cases of self-defense,
The amount of convictions and their consequences,
The use of narcotics or drugs not medically prescribed,
A state of alcoholic intoxication,
Customs duties,
Participation as a competitor in a competitive sport or a rally entitling the holder to a national or international ranking organized by a sports federation for which a license is issued, as well as training for such competitions,
The professional practice of any sport,
Participation in competitions or endurance or speed events and their preparatory trials, aboard any land, water, or air vehicle,
Participation in competitions or races involving speed records aboard any land, water, or air vehicle,
The consequences of non-compliance with recognized safety rules related to the practice of any leisure sporting activity,
Costs incurred after the return from the trip or the expiry of the guarantee,
Accidents resulting from your participation, even as an amateur, in the following sports: motor sports (regardless of the motorized vehicle used), air sports, high mountain climbing, bobsleigh, hunting of dangerous animals, ice hockey, skeleton, combat sports, caving, snow sports involving an international, national, or regional ranking,
Voluntary non-compliance with the regulations of the country visited or the practice of activities not authorized by local authorities,
Official prohibitions, seizures, or restraints by public authorities,
Use by the Insured of aerial navigation devices,
Use of weapons of war, explosives, and firearms,
Damage resulting from intentional or fraudulent misconduct by the Insured in accordance with Article L.113-1 of the Insurance Code,
Suicide and attempted suicide,
Epidemics, pollution, natural disasters, unless otherwise stipulated,
Civil or foreign war, riots, strikes, popular movements, acts of terrorism, hostage-taking,
Disintegration of the atomic nucleus or any radiation from a source of energy with radioactive character.
GENERAL PROVISIONS
Like any insurance contract, this one includes reciprocal rights and obligations. It is governed by the French Insurance Code. These rights and obligations are set out in the following pages.
This contract is a group damage insurance contract taken out by Gritchen Affinity with MUTUAIDE ASSISTANCE, membership in which is optional.
Appendix to Article A.112-1 Information document for exercising the right of withdrawal provided for in Article L.112-10 of the Insurance Code
You are invited to check that you are not already the beneficiary of a guarantee covering one of the risks covered by the new contract. If this is the case, you have the right to withdraw from this contract within a period of fourteen (calendar) days from its conclusion, without fees or penalties, if all of the following conditions are met:
you subscribed to this contract for non-professional purposes;
this contract supplements the purchase of a good or service sold by a supplier;
you can prove that you are already covered for one of the risks covered by this new contract;
the contract you wish to withdraw from has not been fully performed;
you have not declared any claim covered by this contract.
In this situation, you may exercise your right to withdraw from this contract by letter or any other durable medium sent to the insurer of the new contract, accompanied by a document proving that you are already covered for one of the risks covered by the new contract. The insurer is required to reimburse the premium paid within thirty days of your withdrawal.
If you wish to withdraw from your contract but do not meet all of the above conditions, please check the withdrawal terms set out in your contract.
Additional information: The withdrawal letter, a template for which is provided below for exercising this right, must be sent by letter or any other durable medium to Gritchen Affinity – 27, rue Charles Durand – CS70139 – 18021 Bourges:
"I, the undersigned Mr/Ms………residing at…………..hereby withdraw from my contract No………. taken out with MUTUAIDE ASSISTANCE in accordance with Article L 112-10 of the Insurance Code. I certify that, as of the date of sending this letter, I am not aware of any claim triggering a guarantee of the contract."
Consequences of withdrawal: Exercising the right of withdrawal within the period specified above results in termination of the contract from the date of receipt of the letter or other durable medium. Once you become aware of a claim triggering the contract's guarantee, you can no longer exercise this right of withdrawal.
In the event of withdrawal, you are only liable for payment of the portion of the premium or contribution corresponding to the period during which the risk ran, this period being calculated up to the date of termination.
However, the full premium or contribution remains due to the insurance company if you exercise your right of withdrawal while a claim triggering the contract's guarantee and of which you were not aware occurred during the withdrawal period.
PROVISIONS COMMON TO ALL GUARANTEES
DEFINITIONS AND SCOPE OF APPLICATION
We, the Insurer MUTUAIDE ASSISTANCE – 126, rue de la Piazza – CS 20010 – 93196 Noisy-le-Grand Cedex – S.A. with capital of €12,558,240 fully paid up – Company governed by the Insurance Code, RCS 383 974 086 Bobigny – VAT FR 31 3 974 086 000 19
Serious bodily injury Sudden alteration of health resulting from the sudden action of an external cause not intentional on the part of the victim, established by a competent medical authority, resulting in the issuance of a prescription for medication for the benefit of the sick person and involving the cessation of all professional or other activity.
Attack Any act of violence constituting a criminal or illegal attack against persons and/or property in the country where you are staying, aimed at seriously disturbing public order through intimidation and terror and subject to media coverage. This "attack" must be recorded by the French Ministry of Foreign Affairs or the Ministry of the Interior. If several attacks occur on the same day, in the same country, and if the authorities consider it a single coordinated action, this event will be considered a single and same event.
Insured Natural person or group duly insured under this contract and designated hereinafter as "you." For the Assistance and Insurance guarantees, these persons must have their domicile in France, in the overseas departments/regions/territories and sui generis communities or in Europe.
Luggage Travel bags, suitcases, trunks and their contents, excluding clothing worn.
Injury Sudden alteration of health resulting from the sudden action of an external cause not intentional on the part of the victim, established by a competent medical authority.
Natural disaster Abnormal intensity of a natural agent not resulting from human intervention. A phenomenon, such as an earthquake, volcanic eruption, tidal wave, flood, or natural cataclysm, caused by the abnormal intensity of a natural agent, and recognized as such by the public authorities.
Overseas Communities (COM) By COM, we mean the Overseas Communities, namely French Polynesia, Saint-Pierre-et-Miquelon, Wallis and Futuna, Saint Martin, and Saint-Barthélemy.
Definition of personal assistance Personal assistance includes all services implemented in the event of illness, injury, or death of covered persons during a covered trip.
Covered trip Stay for which you are insured and have paid the corresponding premium, with a maximum duration of 90 consecutive days.
Home For the Assistance and Insurance guarantees, home is considered to be the main and habitual place of residence in France, in the overseas departments/regions/territories and sui generis communities or in Europe. In the event of a dispute, tax residence constitutes the home.
Overseas Departments/Regions, Communities, and sui generis communities Guadeloupe, Martinique, French Guiana, Réunion, French Polynesia, Saint Pierre and Miquelon, Wallis and Futuna, Mayotte, Saint-Martin, Saint Barthélemy, New Caledonia.
DROM By DROM, we mean the Overseas Departments and Regions, namely Guadeloupe, Martinique, Guyana, Réunion, and Mayotte.
Duration of guarantees
The "Cancellation" guarantee takes effect on the day you subscribe to the insurance contract and expires on the day you depart on the trip.
The validity period of the other guarantees corresponds to the dates of the stay indicated on the invoice issued by the travel organizer, with a maximum duration of 90 consecutive days.
Essential items Clothing and toiletries allowing you to temporarily cope with the unavailability of your personal belongings.
Epidemic Appearance of a large number of sick people in a given place following an illness.
European Economic Area (EEA) Germany, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, France, Greece, Hungary, Ireland, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Norway, Netherlands, Poland, Portugal, Czech Republic, Romania, United Kingdom, Slovakia, Slovenia, Sweden.
Abroad Any country outside your country of domicile.
Europe By Europe, we mean the following countries: Germany, Andorra, Austria, Belgium, Bulgaria, Cyprus, Croatia, Denmark, Spain, Estonia, Finland, Metropolitan France, Gibraltar, Hungary, Greece, Ireland, Italy and Islands, Liechtenstein, Latvia, Lithuania, Luxembourg, Malta, Principality of Monaco, Norway, Netherlands, Poland, Portugal, Romania, United Kingdom, Slovakia, Slovenia, Czech Republic, San Marino, Sweden, and Switzerland.
Events covered by insurance Cancellation Theft/Breakage Interruption of stay
Performance of services Services covered by this agreement can only be triggered with the prior agreement of MUTUAIDE ASSISTANCE. Consequently, no expense incurred on their own initiative by the Beneficiaries can be reimbursed by MUTUAIDE ASSISTANCE.
Deductible Portion of the claim borne by the Insured as provided for by the contract in the event of compensation following a claim. The deductible may be expressed as an amount, a percentage, a number of days, hours, or kilometers.
Long-haul By "Long-haul," we mean trips to countries not listed in the "Medium-haul" definition.
Illness Sudden and unforeseeable alteration of health established by a competent medical authority.
Serious illness Sudden and unforeseeable alteration of health established by a competent medical authority, resulting in the issuance of a prescription for medication for the benefit of the sick person and involving the cessation of all professional or other activity.
Maximum per event Where the guarantee applies in favor of several insured persons who are victims of the same event and insured under the same specific conditions, the insurer's guarantee is in any case limited to the maximum amount provided for under this guarantee, regardless of the number of victims. Consequently, benefits are reduced and settled proportionally to the number of victims.
Family members Your spouse by law or in fact or any person linked to you by a civil partnership (PACS), your ascendants or descendants or those of your spouse, your fathers-in-law, mothers-in-law, brothers, sisters, including the children of the spouse or partner of one of your direct ascendants, brothers-in-law, sisters-in-law, sons-in-law, daughters-in-law, or those of your spouse. They must be domiciled in the same country as you unless otherwise contractually stipulated.
Medium-haul By "Medium-haul," we mean trips to Europe and the Maghreb countries.
We organize We take the necessary steps to give you access to the service.
We cover We finance the service.
Nullity Any fraud, falsification, or false statements and false testimony likely to trigger the guarantees provided for in the agreement, result in the nullity of our commitments and the forfeiture of rights provided for in said agreement.
Valuable items Pearls, jewelry, watches, furs worn, as well as any sound and/or image reproduction device and their accessories, hunting guns, fishing equipment, laptops.
Pandemic Worldwide spread of a disease.
Quarantine Isolation of a person, in the event of suspected illness or confirmed illness, decided by a competent local authority, in order to avoid a risk of spreading said illness in a context of an epidemic or pandemic.
Claim Random event likely to trigger the guarantee of this contract.
Territoriality Worldwide.
WHAT IS THE GEOGRAPHIC COVERAGE OF THE CONTRACT?
The guarantees and/or services subscribed to under this contract apply worldwide.
WHAT IS THE DURATION OF THE CONTRACT?
The validity period corresponds to the duration of the services sold by the trip organizer.
Under no circumstances may the duration of the guarantee exceed 3 months from the day of departure on the trip.
The "CANCELLATION" guarantee takes effect on the date of subscription to this contract and expires on the day of departure on the trip (outbound).
The other guarantees take effect on the scheduled departure day and expire on the scheduled return day.
HANDLING COMPLAINTS
In the event of disagreement or dissatisfaction regarding the implementation of your contract, we invite you to make it known to GRITCHEN AFFINITY by writing to sinistre@declare.fr for Insurance guarantees.
If the response you receive is unsatisfactory, you may send a letter to:
MUTUAIDE Insurance Department TSA 20296 94368 Bry sur Marne Cedex
MUTUAIDE undertakes to acknowledge receipt of your letter within 10 business days. It will be processed within 2 months at the latest. If the disagreement persists, you may refer the matter to Insurance Mediation by letter to:
La Médiation de l'Assurance TSA 50110 75441 Paris Cedex 09
The Insurer acknowledges receipt of the complaint within a period that must not exceed 10 business days from receipt thereof, unless the response itself is provided to the client within this period. It sends the response to the insured within a period that must not exceed two months from the date of receipt.
Finally, if your disagreement persists after the response given, you could refer the matter to Insurance Mediation, provided that no legal action has been taken:
La Médiation de l'Assurance TSA 50110 75441 Paris Cedex 09
Insurance Mediation is not competent to hear contracts taken out to cover professional risks.
DATA COLLECTION
The Insured acknowledges being informed that the Insurer processes their personal data in accordance with applicable regulations on the protection of personal data, and furthermore that:
answers to the questions asked are mandatory and that in the event of false statements or omissions, the consequences for them may be the nullity of membership in the contract (Article L 113-8 of the Insurance Code) or the reduction of benefits (Article L 113-9 of the Insurance Code),
The processing of personal data is necessary for membership and performance of their contract and guarantees, for the management of commercial and contractual relationships, or for the performance of applicable legal, regulatory, or administrative provisions.
The data collected and processed is retained for the period necessary to perform the contract or legal obligation. This data is then archived in accordance with the periods provided for by the provisions relating to limitation periods.
The recipients of data concerning them are, within the limits of their duties, the Insurer's departments responsible for the placement, management, and performance of the Insurance Contract and guarantees, its delegates, agents, partners, subcontractors, reinsurers in the course of their duties. They may also be transmitted, where applicable, to professional organizations as well as to any persons involved in the contract such as lawyers, experts, legal auxiliaries and ministerial officers, guardians, curators, investigators. Information concerning them may also be transmitted to the Subscriber, as well as to any persons authorized as Authorized Third Parties (courts, arbitrators, mediators, relevant ministries, supervisory and control authorities, and all public bodies authorized to receive them, as well as departments responsible for control such as statutory auditors, auditors, and internal control departments).
As a financial institution, the Insurer is subject to legal obligations arising primarily from the Monetary and Financial Code regarding the fight against money laundering and terrorist financing and, as such, implements contract monitoring processing that may result in the drafting of a suspicious activity report or an asset freezing measure. Data and documents concerning the Insured are retained for a period of five (5) years from the closure of the contract or the termination of the relationship.
Their personal data may also be used in the context of anti-insurance-fraud processing, which may, where applicable, lead to registration on a list of persons presenting a fraud risk. This registration may result in an extension of the review of their file, or even the reduction or refusal of a right, benefit, contract, or service offered. In this context, personal data concerning them (or concerning persons party to or interested in the contract) may be processed by any authorized persons involved within entities of the Insurer Group in the context of anti-fraud efforts. This data may also be intended for authorized personnel of organizations directly concerned by fraud (other insurance organizations or intermediaries; judicial authorities, mediators, arbitrators, legal auxiliaries, ministerial officers; third-party organizations authorized by a legal provision and, where applicable, victims of fraudulent acts or their representatives). In the event of a fraud alert, data is retained for a maximum of six (6) months to qualify the alert and then deleted, unless the alert proves relevant. In the event of a relevant alert, data is retained for up to five (5) years from the closure of the fraud file, or until the end of the judicial procedure and applicable limitation periods. For persons registered on a list of suspected fraudsters, data concerning them is deleted after a period of 5 years from the date of registration on this list.
As an Insurer, it is entitled to process data relating to offenses, convictions, and security measures either at the time of subscribing to the contract, or during its performance or in the context of dispute management.
Personal data may also be used by the Insurer in the context of processing it implements for research and development purposes to improve the quality or relevance of its future insurance and/or assistance products and service offerings.
Personal data concerning them may be accessible to certain of the Insurer's employees or service providers established in countries outside the European Union.
The Insured has, upon proof of identity, a right of access, rectification, deletion, and objection to the data processed. They also have the right to request limitation of the use of their data when it is no longer necessary, or to retrieve, in a structured format, the data they have provided when it is necessary for the contract or when they have consented to the use of this data. They have the right to define directives regarding the fate of their personal data after their death. These directives, general or specific, concern the retention, deletion, and communication of their data after their death.
These rights may be exercised with the Insurer's Data Protection Officer:
by email: at DRPO@MUTUAIDE.fr or
by mail: by writing to the following address: Data Protection Officer – MUTUAIDE ASSISTANCE – 126, rue de la Piazza – 93196 Noisy le Grand.
After having made the request to the Data Protection Officer and not having obtained satisfaction, they have the option of referring the matter to the CNIL (Commission Nationale de l'Informatique et des Libertés).
SUBROGATION
MUTUAIDE ASSISTANCE is subrogated, up to the amount of the benefits paid and services provided by it, to the rights and actions of the Insured against any person responsible for the facts giving rise to its intervention. Where services provided in performance of the agreement are covered in whole or in part by another company or institution, MUTUAIDE ASSISTANCE is subrogated to the rights and actions of the Insured against that company or institution.
LIMITATION PERIOD
Pursuant to Article L 114-1 of the Insurance Code, any action arising from this contract is time-barred after two years from the event giving rise to it. This period is extended to ten years for death benefit guarantees, the actions of beneficiaries being time-barred at the latest thirty years from that event.
However, this period only runs:
in the event of non-disclosure, omission, false or inaccurate statement regarding the risk incurred, from the day the Insurer became aware of it;
in the event of a claim, from the day the parties concerned became aware of it, if they prove they were unaware of it until then. When the Insured's action against the Insurer arises from a third-party claim, this limitation period only runs from the day this third party took legal action against the Insured or was compensated by the latter. This limitation period may be interrupted, in accordance with Article L 114-2 of the Insurance Code, by one of the following ordinary causes of interruption:
recognition by the debtor of the right of the party against whom they were running (Article 2240 of the Civil Code);
a legal claim, even summary proceedings, until the end of the proceedings. The same applies when it is brought before an incompetent court or when the document initiating proceedings is annulled due to a procedural defect (Articles 2241 and 2242 of the Civil Code). The interruption is void if the claimant withdraws their claim or lets the proceedings lapse, or if their claim is definitively rejected (Article 2243 of the Civil Code);
a protective measure taken pursuant to the Code of Civil Enforcement Procedures or an enforcement act (Article 2244 of the Civil Code).
It is recalled that: A summons served on one of several joint debtors by legal action or an enforcement act, or recognition by the debtor of the right of the party against whom they were running, interrupts the limitation period against all others, even against their heirs.
On the other hand, a summons served on one of the heirs of a joint debtor or recognition by that heir does not interrupt the limitation period with respect to the other co-heirs, even in the case of a mortgage claim, if the obligation is divisible. This summons or recognition only interrupts the limitation period, with respect to the other co-debtors, for the portion for which that heir is liable.
To interrupt the limitation period in full, with respect to the other co-debtors, a summons must be served on all the heirs of the deceased debtor, or recognition by all these heirs is required (Article 2245 of the Civil Code).
A summons served on the principal debtor or their recognition interrupts the limitation period against the guarantor (Article 2246 of the Civil Code).
The limitation period may also be interrupted by:
the appointment of an expert following a claim;
the sending of a registered letter with acknowledgment of receipt (sent by the Insurer to the Insured regarding the action for payment of the premium, and sent by the Insured to the Insurer regarding the settlement of the claim compensation).
DISPUTE RESOLUTION
Any dispute between the Insurer and the Insured relating to the determination and settlement of benefits will be submitted by the most diligent party, failing amicable resolution, to the competent court of the Insured's domicile, in accordance with the provisions of Article R 114-1 of the Insurance Code.
FAUSSES DECLARATIONS
Tout différend né entre l’Assureur et l’Assuré relatif à la fixation et au règlement des prestations sera soumis par la partie la plus diligente, à défaut de résolution amiable, à la juridiction compétente du domicile de l’Assuré conformément aux dispositions prévues à l’article R 114-1 du Code des assurances.
Lorsqu’elles changent l’objet du risque ou en diminuent notre opinion :
• Toute réticence ou déclaration intentionnellement fausse de votre part entraîne la nullité du contrat. Les primes payées nous demeurent acquises et nous serons en droit d’exiger le paiement des primes échues, tel que prévu à l’article L 113.8 du Code des Assurances.
• Toute omission ou déclaration inexacte de votre part dont la mauvaise foi n’est pas établie entraîne la résiliation du contrat 10 jours après la notification qui vous sera adressée par lettre recommandée et/ou l’application de la réduction des indemnités du Code des Assurances tel que prévu à l’article L 113.9.
SUPERVISORY AUTHORITY
The authority responsible for supervising MUTUAIDE ASSISTANCE is the Prudential Supervisory and Resolution Authority (ACPR) – 4, place de Budapest – CS 92 459 – 75 436 Paris Cedex 9.