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General terms and conditions

1. SUBJECT

These general terms and conditions (hereinafter “General Terms”) aim to regulate the
online management and sale of individual and group classes involving various winter
sport disciplines, such as Alpine skiing, snowboarding, Telemark skiing and snowblading
(hereinafter collectively the “Services” and individually the “Service”), offered for sale to
the public by the company ESPORTS DE NEU SOLDEU-INCLES, S.A. (hereinafter
“ENSI, S.A.”) through the website “www.escolasoldeu.com” (hereinafter the “Platform”).
In addition, these General Terms aim to regulate the management and sale of Services
that, in the case of very specific Services, including but not limited to requesting a
Service with a specific instructor that is not available on the Platform, cannot be booked
via the Platform (hereinafter collectively the “Specific Services” and individually the
“Specific Service”).

2. COMPLIANCE WITH TERMS AND CONDITIONS

We ask that ENSI, S.A. users (hereinafter collectively the “Customers” and individually
the “Customer”) read these General Terms carefully, as completion and submission of the
electronic purchase order for each selected Service and/or Specific Service (hereinafter
the “Purchase Order”) implies the Customer’s full and unreserved acceptance of all the
General Terms. For this purpose, before the Purchase Order is submitted, the Customer is
required to electronically accept the General Terms, as well as additional information on
personal data processing and ENSI, S.A.’s cookies policy (hereinafter the “Privacy and
Cookies Policy”). Notwithstanding the foregoing, any modifications made to the General
Terms or Privacy and Cookies Policy after the date on which the specific Payment Order
for a Service and/or Specific Service is submitted are not applicable to the Customer.
Should the Customer disagree with the General Terms and/or Privacy and Cookies
Policy, the Customer must not purchase the Services and/or Specific Services

3. USE OF PLATFORM

1. The Customer declares that they are of legal age and capacity to enter into this
agreement and agrees to use this Platform in accordance with the General Terms and the
Privacy and Cookies Policy, all of which they declare to have understood and
acknowledged.
2. By accessing the Platform, placing orders for Services and/or Specific Services and, in
general, purchasing Services and/or Specific Services, the Customer takes on the
following obligations:
(a) To use the Platform and online purchase service in accordance with current applicable
Andorran law.
(b) Not to breach ENSI, S.A.’s, its providers’ or third parties’ property rights, intellectual
or industrial property rights, or other rights or legal positions of similar economic
content.
(c) Not to submit any false or fraudulent Purchase Orders. Should ENSI, S.A. find that
the Customer is placing false or fraudulent orders, ENSI, S.A. reserves the right to cancel
the corresponding order and inform the relevant authorities.
(d) Provide ENSI, S.A. with their correct email address and other personal and contact
details that may be required by ENSI, S.A., as well as credit or debit card details. And,
should these details change, to inform ENSI, S.A by telephone on +376 753 191 or by
writing an email to escola@soldeu.ad.
(e) Not to use this Platform for illegal or prohibited purposes. In particular, the Customer
accepts that the Services acquired through this Platform and/or the Specific Services
acquired via email are for their own use or consumption, or that of individuals on behalf
of whom they are legally authorised to act. The Customer may not resell the Services
acquired through this Platform and/or the Specific Services acquired via email to third
parties.
3. Through this Platform, ENSI, S.A. offers a management service through which the
Customer may buy their selected Services and/or Specific Services. A purchase on this
Platform and/or via email means that the Customer is submitting a Purchase Order to
ENSI, S.A. to acquire the Services and/or Specific Services, which implies an obligation
to pay and must be confirmed by ENSI, S.A.

4. BACKGROUND INFORMATION

In accordance with the provisions established in current Andorran legislation on
consumer protection and contracts in the digital space, ENSI, S.A. informs the Customer
that:
1. Should the purchase be made via the Platform, the procedures to sign the Service
agreement are as follows in consecutive order:
(a) The Customer must select the “Book online” option, which appears on the Services
page selected previously.
(b) The Platform will then redirect the Customer to a form in which they will need to
provide more information on the booking and purchase of the Services, such as the type
of class, the start time of the classes, the language in which the classes will be given, the
skill level or the preferred instructor. The Customer must then select the option
“Continue”. The Platform will present the “Class details”, after which the Customer must
select the option “Confirm class” and, immediately after, “Go to basket”.
(c) To process the Purchase Order, the Customer must fill in their contact details (name,
telephone number and email address, among others) and check that they and the order
details are accurate. Once this step is done, the Customer must select the option “I have
read and accept this website’s Terms and Conditions”, then select the option “Pay”.
d) The Customer will be redirected to a virtual till, where they must enter the credit or
debit card details requested by ENSI, S.A.
(e) The Customer must then select the option “Authorise payment”.
(f) Once the Customer has received confirmation from ENSI, S.A. in the form of the
Purchase Order (hereinafter “Confirmation”), the Service agreement will be considered
formalised.
The Customer may check for any errors in their details on the Purchase Order, once they
have received it by email. To correct an error in their details once the Purchase Order has
been confirmed, as soon as the Customer identifies the error, they must contact ENSI,
S.A. by email at escola@soldeu.ad.
2. Should the Customer be unable to book a Service through the Platform as it is a
Specific Service, the Customer may send an email to the address escola@soldeu.ad,
which is published on the Platform for the purpose of requesting Specific Services. The
procedures to sign the Specific Service agreement in these cases are as follows in
consecutive order:
(a) The Customer must send an email to the address escola@soldeu.ad, which is
published on the Platform for the purpose of requesting Specific Services.
(b) Once the Customer sends the email, ENSI, S.A. will contact them to assist and guide
them in the process of booking the requested Specific Services, which the Customer was
unable to book via the Platform. In this case, for the Purchase Order to be processed, the
Customer must provide the personal details required by ENSI, S.A. Before proceeding to
payment, ENSI, S.A. will provide the Customer with these General Terms and the
Privacy and Cookies Policy, which govern the purchase and execution of the Specific
Services requested by the Customer and are considered to be accepted when the
Customer pays for the Specific Services.
(c) Once the Purchase Order is processed, ENSI, S.A. will provide the Customer with a
link through which they will be redirected to a virtual till, where they must enter the
credit or debit card details requested by ENSI, S.A.
(d) The Customer must then select the option “Authorise payment”.
(e) Once the Customer has received Confirmation from ENSI, S.A., the Service
agreement will be considered formalised.
3. The documentation, data and information relating to each Service and/or Specific
Service agreement will be filed by ENSI, S.A. for 5 years and may be sent to the
Customer via email upon written request to the email address escola@soldeu.ad during
these 5 years.
4. The Service and/or Specific Service agreement (meaning the various documents that
constitute it, including the General Terms, the Privacy and Cookies Policy, the Purchase
Order and the Confirmation, as well as any emails exchanged in the case of a purchase
via email) may be formalised in English, Catalan, Spanish, French or Russian, according
to the Customer’s selected language.

5. INVITATION TO ENTER INTO AGREEMENT

The information contained in the General Terms and on the Platform does not generally
constitute a sale offer by ENSI, S.A., but rather an invitation to the Customer to use the
mediation service offered by ENSI, S.A. and acquire, if applicable, the Services and/or
Specific Services.

There will be no agreement between ENSI, S.A. and the Customer in reference to any
Service and/or Specific Service until ENSI, S.A. has received full payment for the
acquired Service and/or Specific Service.

6. PURCHASE ORDERS

Purchase Orders shall only be processed electronically through the Platform and the
electronic procedures established thereon, except for the case of Specific Services, where
the Purchase Order may be processed electronically via email.


The Customer must therefore have provided all of the mandatory details requested by
ENSI, S.A correctly and fully.


Once ENSI, S.A. has confirmed the Purchase Order, should availability be confirmed for
the booking of the Services and/or Specific Services that constitute the object of the
Purchase Order, and payment has successfully been made, ENSI, S.A. will send the
Customer Confirmation and, if the Customer so wishes, an invoice to the email address
indicated on the Purchase Order.


Therefore, as indicated, the Service and/or Specific Service agreement between the
Customer and ENSI, S.A. will only be considered formalised once ENSI, S.A. has sent
Confirmation to the Customer.


In the event that the Customer has not received Confirmation of the Purchase Order even
though payment has been made successfully, the Customer must contact ENSI, S.A. via
the email address escola@soldeu.ad to find a solution to this issue. If the payment is not
made successfully, the Purchase Order will be considered cancelled and the Customer
must begin a new Purchase Order.

7. AVAILABILITY

All Purchase Orders are subject to the availability of the relevant Services and/or Specific
Services.


Should the Services and/or Specific Services requested in a Purchase Order be
unavailable when the Purchase Order is received, ENSI, S.A. will inform the Customer
via email and may offer them other Services and/or Specific Services of similar
characteristics to those requested by the Customer, so that that Customer may acquire
them if they so wish through a new Purchase Order.

8. PRICE AND PAYMENT METHOD

1. The final price of the selected Services will be displayed to the Customer, along with a
breakdown of costs, once the Service they wish to purchase is selected and before the
Customer is bound by a contract or obligation to pay. This price includes the price of all
the selected Services, including any optional extras, as well as any applicable taxes.
In the specific case of purchasing Specific Services via email, before proceeding to the
payment stage, ENSI, S.A. will inform the Customer of the final full price of the selected
Specific Services, along with a breakdown of costs, including any taxes, before the
Customer is bound by a contract or obligation to pay.
2. The price will be paid exclusively by credit or debit card through an online payment
service to which the Platform will redirect the Customer once all the previous steps are
completed and the Customer has selected the option “Pay”. In the case of Specific
Services, the price will also be paid exclusively by credit or debit card, but through an
online payment service to which ENSI, S.A. will redirect the Customer via email once all
the previous steps are completed and the Customer has indicated that they wish to acquire
and pay for the Specific Service.
The card payment service will be provided directly by the card issuer and, if applicable,
the corresponding credit institution. The Customer’s credit or debit card will be charged
immediately when Confirmation is sent.
ENSI, S.A. accepts no liability for third parties’ breach of the confidentiality and security
of the information and data provided by the Customer to pay for electronic purchases via
credit or debit card when said breach is beyond ENSI, S.A.’s control, and when the
processing of said information and data is not exclusively under ENSI, S.A.’s control.
When the amount of a purchase is charged fraudulently or wrongly using a credit or debit
card number, the cardholder may request the cancellation of the charge as long as they
have followed the cancellation procedure established in the terms of the issuer and/or the
credit institution responsible for the card and, if applicable, the card insurance. In this
case, the relevant debt and credit amendments will be made to ENSI, S.A.’s and the
cardholder’s accounts as soon as possible. However, if the purchase was made by the
cardholder and, therefore, the cancellation of the charge is wrongly requested, the
Customer is responsible for compensating the damage caused to ENSI, S.A. as a
consequence of the cancellation.
3. The applicable taxes are payable by the Customer, who must pay them in accordance
with the price of the Service and/or Specific Service. These amounts will be clearly
indicated on the Platform or, in the case of Specific Services, in an email, and will be
included in the total to be paid by the Customer both at the time of submitting the
Purchase Order and in the Confirmation.

9. CANCELLATION AND/OR MODIFICATION

1. Should the Customer require any modification, they must contact the Soldeu Ski
School directly, via email at escola@soldeu.ad or by telephone on +376 753 191, at least
24 hours before the Service and/or Specific Service acquired is to begin. Modifications
may only be made during the season in which the Service and/or Specific Service is
acquired. Should the Customer fail to make the modification during the corresponding
season, they will lose the right to enjoy the Service and/or Specific Service.


2. Should the Customer require a cancellation, they must contact the Soldeu Ski School
directly, via email at escola@soldeu.ad or by telephone on +376 753 191.
At any time and of their own accord, the Customer may cancel the purchase of the
Service through this Platform and/or the Specific Service via email and will be entitled to
a refund of the amounts paid. However, ENSI, S.A. will apply a penalty of 100 percent of
the total amount of the Services purchased if the cancellation is made less than 24 hours
before the date on which the Service and/or Specific Service is to take place.
Likewise, if the Customer does not arrive at the date and time agreed in the Purchase
Order, ENSI, S.A. will apply a penalty of 100 percent of the total amount of the Services
purchased.
Cancellations may only be made during the season in which the Service and/or Specific
Service is acquired. Should the Customer fail to make the modification during the
corresponding season, they will lose the right to enjoy the Service and/or Specific
Service.


3. The characteristics of the Services and/or Specific Services, such as the date and/or
time and/or the instructor, are subject to modification by ENSI, S.A. These modifications
must be accepted previously by the Customer. Should the Customer not accept them, the
Service and/or Specific Service agreement will be automatically terminated and ENSI,
S.A. will refund the total price of the Service and/or Specific Service paid by the
Customer.

10.  COMPLIMENTARY INSURANCE

The Services offered on the Platform and the Specific Services do not include any kind of
complimentary insurance, beyond that which the Customer may take out expressly when
purchasing a ski pass or of their own accord. The Customer may not request any kind of
financial compensation from ENSI, S.A. for this reason.

11. PERSONAL DATA PROCESSING

ENSI, S.A. informs the Customer that any personal data provided by the Customer
through the Purchase Order or generated in the course of the contractual relationship
between the Customer and ENSI, S.A. will be processed and included in files held by
ENSI, S.A. for the purposes foreseen and in accordance with the provisions of the
Privacy and Cookies Policy.


Under the terms provided for by applicable regulations and the Privacy and Cookies
Policy, the Customer may exercise their rights of access, modification, erasure or
opposition by writing to ENSI, S.A. at lqpd@soldeu.ad. ENSI, S.A. may request a copy
of the Customer’s passport or ID document when the Customer exercises these rights.

12. COMMUNICATION

1. Any communication between the Customer and ENSI, S.A. regarding a certain
Purchase Order and/or Confirmation may be carried out by post or email, or by telephone
when this is indicated in the General Terms.
For communication by post or email, ENSI, S.A. provides the following addresses:
For the attention of the Head of the Booking Department
ESPORTS DE NEU SOLDEU INCLES, S.A.
Carretera General, S/N Aparcament el Tarter, Edifici Obac
AD100, Canillo (Principat d’Andorra)
Email: escola@soldeu.ad
The Customer’s address for communication will be the one provided on the Purchase
Order, or the one on record after the Customer modifies their address in accordance with
the General Terms.
Any communication regarding a certain Purchase Order sent to the aforementioned
addresses will be considered successfully received unless the recipient has notified the
sender of a change of address at least 10 calendar days in advance.
2. The Customer may make a complaint or carry out any other kind of communication via
post or email at the addresses mentioned in the previous clause (12.1). The Customer may
also submit a complaint to the Department of Trade and Consumption at the Government
of Andorra through the form at this link:
http://www.comerc.ad/images/stories/PDFs/reclamacio_consum.pdf.
The Customer must submit the form in person at the Prat del Rull building on Camí de la
Grau, 4th floor, in the parish of Andorra la Vella.

13. INTELLECTUAL AND INDUSTRIAL PROPERTY

The Services and/or Specific Services acquired by the Customer and the content on the
Platform are subject to property rights, intellectual or industrial property rights, or other
rights or legal positions of similar economic content belonging to ENSI, S.A. or third
parties which have granted ENSI, S.A. the relevant licences or authorisations. Therefore,
accessing the Platform or purchasing Services through the Platform and/or Specific
Services via email does not grant the Customer any ownership of or right to use the
aforementioned content or the Services and/or Specific Services (including through their
reproduction, distribution, public communication or dissemination, or transformation),
unless ENSI, S.A. or the third parties that hold the relevant rights and/or legal positions
provide permission through a written licence or authorisation indicating so on the
Platform.

14.  LIABILITY

1. All consumer rights provided for by Andorran law are guaranteed.
2. In cases of force majeure, ENSI, S.A. accepts no liability for any damage deriving
from its non-compliance with the General Terms or, in particular, for deficiencies in the
reservation, confirmation and/or execution of the Services acquired through the Platform
and/or of the Specific Services acquired via email.
Force majeure covers any act or event beyond ENSI, S.A.’s and the Customer’s
reasonable control, including but not limited to adverse weather conditions, risk of
avalanche, general or industry strikes that affect the execution of the Services and/or
Specific Services, lockouts, fires or theft on ENSI, S.A.’s premises that affect the
Services and/or Specific Services, political or economic disturbances, or any other
situation of instability that may affect safety conditions.

15. SEVERABILITY

If any clause in these General Terms or in the Privacy and Cookies Policy is declared null
and void by a competent authority’s decision, the remainder of the terms will continue to
be in full effect, unaffected by the declaration of invalidity.

16. MODIFICATION

These General Terms may be modified by ENSI, S.A. It is the Customer’s responsibility
to read them periodically, as the General Terms applicable are those in effect at the time
at which they access the Platform or enter into the Service and/or Specific Service
agreement.

17. APPLICABLE LEGISLATION

These General Terms are governed by Andorran law and subject to the non-exclusive
jurisdiction of the Andorran courts. However, the provisions established in this clause
will not affect the Customer’s statutory rights.

Date of last update: October 2018


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