Terms and conditions of sale

 

 

1.1 Scope of application : 

These terms and conditions of sale (hereinafter the «GTC») govern, without restriction or reservation, all sales of programs (hereinafter the «Program») concluded on the merchant website available at the following URL address: https://campus.mouratoglou.com (hereinafter the «Site»), between MOURATOGLOU TENNIS-ETUDES, a general partnership with registered offices at 37 rue la Pérouse in Paris (75016) (hereinafter «MTE») and any consumer within the meaning of French law and jurisprudence (hereinafter the «Customer») who registers a candidate wishing to participate in the Program (hereinafter the «Participant»).

 

MTE reserves the right to unilaterally adapt or modify the GTC.

 

The version of the GCS applicable to Program sales is that appearing on the Site at the date of registration. These terms and conditions are written in French.

 

These General Terms and Conditions of Sale are accessible to Customers and, more generally, to any Internet user directly by clicking on the «General Terms and Conditions of Sale» link on any page of the Site. Any order placed by the Customer is subject to the Customer's prior and unreserved consultation and acceptance of the GCS (and more generally of all Contractual Documentation, as this term is defined below). This acceptance is made at the end of the Participant's registration by electronic signature of the GTS by the Customer via the DocuSign application. Completion of registration and electronic signature of the GTC via the DocuSign application therefore implies full and unreserved acceptance of the GTC by the Customer. No special conditions may take precedence over these GTC.

 

 

 

2.1 Program description : 

MTE offers, within the sports complex located at 3550 Route des Dolines in Biot (06410 - France), a schooling program which may give access, depending on the option chosen by the Customer, to sports instruction (such as tennis, golf, fitness, etc.) (hereinafter the ’Academy«). Schooling is provided by a private school registered 0062150E, whose curriculum is adapted to the official French curriculum and to the American curriculum more fully described on the Site. By joining the Academy, the Participant is also offered the possibility, subject to meeting the financial terms and conditions set by MTE, of obtaining a scholarship to study in the United States https://www.mouratoglou.com/fr/bourse-usa/.

 

2.2 Formulas proposed by MTE : 

MTE offers two distinct formulas (hereinafter referred to as the «Formulas»), which may themselves be supplemented by various options, at the Customer's discretion:

 

The «Schooling» package includes full supervision of the participant's schooling (French or American) and, if the customer wishes, the «fitness» sports training option, the modern language teaching option and, for certain participants, the full-board accommodation option.

 

The Tennis & School includes comprehensive academic support for the Participant (French or American) as well as sports training, the necessary medical support (such as sports medicine, physical therapy, and recovery protocols) and monitoring of tennis competitions. If the Client wishes to subscribe, there is also the option of half-board or full-board accommodation.

 

The Program is provided by MTE in accordance with the offer as presented on the Site and accepted by the Customer. The detailed conditions of accommodation (according to the choice made by the Customer), catering and follow-up of the Participants' school curriculum are organized by the internal regulations reproduced in the Contractual Documentation (as this term is defined below), it being specified that these internal regulations are subject to change during the year.

 

2.3 Program duration : 

The Participant may join the Program at any time during the year. The Participant's schooling ends in June of each year, and the sports program, if subscribed to by the Customer, may extend until August of each year.

 

2.4. Results : 

MTE undertakes to provide the Participant with all the means necessary to successfully complete his/her academic and sporting project. However, MTE cannot guarantee the results obtained by Participants after following the Program (such as academic results, results in sports competitions, improvement in the Participant's ranking, etc.).

 

 

The Participant must be at least nine (9) years old and have completed the CM1 class (corresponding to Grade 4 for international schools). The Customer, if he/she is not the Participant, registering the Participant must be his/her legal representative or an adult having obtained a prior written mandate from the Participant's legal representative to proceed with the registration.

 

In this respect, it is specified that any deed or document attesting to the parent-child relationship (e.g. family record book, birth certificate) between the Customer, or at least the legal representative, and the Participant must be provided by the Customer at the time of registration, giving the address of the second parent (including in the event of separation).

 

In addition, all communications between the clusters and families must be sent to all parents/legal representatives of the Participants. It is therefore compulsory to enter the information and contact details of both parents/legal representatives on the registration form mentioned in 5.1 of these terms and conditions (or on request from one of the hubs), or failing this, of the legal representative if there is only one. It will not be possible to deprive a parent/legal representative of information concerning the Participant's schooling without a copy of a judgment or court order attesting to the fact that the parent/legal representative registering the Participant alone exercises sole parental authority or that he/she alone has the right to register his/her child in any school of his/her choice.

 

In this respect, a box to be ticked by the Customer is added during the online registration procedure, certifying that the parent who signs the child's registration form does so with the agreement of the other parent. 

 

 

3.2 Customer area : 

Prior to the Participant's registration, the Customer must have created a member space (hereinafter «Customer Space») on the website available at the following URL address: https://booking.mouratoglou.com/ by clicking on the «Connect» tab.

 

 

3.3 Participant's state of health : 

If the Customer opts for a program that includes sports instruction, registration implies a declaration that the Participant's state of physical health allows him/her to take part in the Program and, more specifically, to play tennis intensively and competitively, and the Customer provides MTE with a medical certificate less than one (1) month old, attesting to his/her fitness to play tennis and, more generally, any sporting activity, including competitions.

3.4. Limited number of employees : 

The number of Program Participants per year is limited according to availability. Applications are therefore examined on a space-available basis, which the Customer acknowledges and accepts.

 

 

 

4.1. The Program price invoiced includes the cost of school supervision and sports monitoring, depending on the options subscribed to by the Customer. The price is that shown on the Site at the time of validation of the registration by the Customer (as summarized in the Contractual Documentation). The price is indicated in euros, inclusive of all taxes. The price is fixed and depends on the Formula chosen by the Customer.

 

In the event of subscription to the sports program, the Program price invoiced includes sports services and limited medical supervision required exclusively for the practice of the sport (doctor, physiotherapists). The Customer acknowledges and accepts that medical supervision does not include so-called «comfort» treatments (e.g. massages), specific examinations that the Participant's state of health may require (such as medical imaging: MRI, scanner, etc.), consultations with specialist doctors (such as chiropodists, dentists, etc.), or pharmacy costs.

 

The Program Price does not include: school supplies; transportation of the Participant from the Academy to his/her home or from his/her home to the Academy; registration fees for tournaments and competitions organized by third parties, excluding tournaments and competitions organized by the French Tennis Federation; accompaniment and travel expenses for sporting competitions requiring one or more overnight stays; ancillary expenses (such as catering, accommodation, drinks, stringing, etc.).

 

Depending on the Formula chosen by the Customer, the Program price may include the cost of accommodation and catering, as well as additional activities more fully described on the Site.

 

4.2. The price of the Program does not constitute an offer likely to commit MTE beyond the date on which the first registration made by the Customer and accepted by MTE ends (i.e. one school year). MTE reserves the right to modify its prices each year.

 

 

 

A registration form is available on the Customer Area. The registration form must be fully completed by the Customer on the Site (personal information concerning the Participant, information concerning the Participant's legal guardians, medical information concerning the Participant, chosen Formula). The Customer acknowledges that any missing information will prevent MTE from examining the registration form. As soon as the registration form is complete and validated by MTE, the Customer will receive all the contractual documentation, i.e. : 

- The registration form ;

- These General Terms and Conditions ;

- Rules and regulations ;

- Information for underage/overage registrants«; and 

- Medical Record (as defined below)

 

(collectively, the «Contractual Documentation») via the DocuSign application and must sign all of this documentation in order to finalize his registration. 

 

In accordance with Articles 1366 and 1367 of the French Civil Code, these GTC are signed electronically. 

 

The Customer acknowledges that these GTC have been signed electronically using DocuSign®, in compliance with Regulation (EU) No. 910/2014 on electronic identification and trust services for electronic transactions within the internal market.

 

The Customer acknowledges having received all the information required to electronically sign these GTS and having signed them electronically with full knowledge of the technology used and its conditions of use, thereby waiving any claim and/or legal action to challenge the reliability of this electronic signature device and/or his intention to conclude the order covered by these GTS. 

 

Furthermore, in accordance with article 1366 of the French Civil Code, the Customer acknowledges and accepts that this electronic signature has the same legal value as a handwritten signature.

 

The Customer also expressly acknowledges and accepts that each page of these GTC is not individually signed or initialled, but forms an integral part of a single individual envelope. 

 

Finally, in accordance with the provisions of article 1375 of the French Civil Code, the delivery of an original copy to the Customer is not necessary to constitute proof of the Customer's commitments and obligations. DocuSign®'s direct delivery to the Customer of an electronic copy of these GTC and, more generally, of the Contractual Documentation, constitutes sufficient and irrefutable proof of the Customer's commitments and obligations.

 

5.2. Program payment : 

The Program Price is payable in euros, in two or three instalments, depending on the choice made at the time of registration, it being understood that a first instalment (hereinafter «the Instalment») must be paid, in cash, at the time of the Participant's registration by the Customer. MTE then offers the Customer, via the registration form, the option of paying the balance of the Program Price in one or two further instalments.

The second instalment is due no later than September 15 of the school year in question.

 

If the customer chooses to pay in three instalments, the third instalment is due no later than December 15th of the school year concerned by the registration.

 

These instalments are payable by direct debit to the Customer's account, by bank transfer to MTE's account or by any other means of payment accepted by MTE at the time of registration.

 

 

6.1. Confirmation of the Participant's registration : 

Confirmation of registration and all Contractual Documentation signed via the DocuSign application are automatically e-mailed to the Customer directly by the DocuSign service provider once the Contractual Documentation has been signed. 

 

6.2. Cancellation or termination of the Participant's registration by MTE : 

Payment of the Deposit is a condition of the Participant's inclusion in the Program. If the Customer's bank refuses to authorize payment by credit card, or in the event of any other payment incident, MTE is free to cancel the Participant's registration, unless the Customer immediately sends MTE another means of payment accepted by the latter.

 

Payment of the second and third instalments is a condition of the Participant's continued participation in the Program. In the event of late payment of the second or third instalment by more than seven (7) days from the agreed payment date, the Participant's participation in the Program will be suspended by simple written notification and without any further formality whatsoever. The Participant may return to sports training as soon as payment has been made by the Customer and duly collected by MTE.

 

In the event of late payment of the second or third instalment by more than fourteen (14) days from the due date, the Participant will be excluded from the Program by simple written notification and without any further formality whatsoever, until payment is made by the Customer and duly collected by MTE.

 

MTE may cancel the Participant's registration at any time before the start of the Program or terminate the said registration during the Program, upon presentation of supporting documents, for a reason considered to be serious and legitimate. 

 

In the event of termination due to exclusion of the Participant, the Customer remains liable for full payment of the Program Price, with no possibility of financial reimbursement.

 

6.3. Cancellation of the Participant's registration by the Customer : 

MTE offers the Customer the possibility of taking out cancellation/termination insurance at the time of registration (hereinafter referred to as the ’Insurance«), for an amount equal to 10% (ten percent) of the Program Price. The Insurance entitles the Customer to a refund of half the Program Price in the event of cancellation, for any reason whatsoever, no later than three (3) weeks before the start of the Program.

 

If the Insurance is not taken out, and the Customer wishes to cancel his/her registration for the Program, the Customer shall remain liable to MTE for full payment of the Program Price.

 

 

When the Customer has subscribed to the Insurance, if the Customer cancels his/her registration during the Program, MTE undertakes to reimburse half of the remaining Program Price, prorated to the elapsed time of the Program, upon presentation of supporting documents and exclusively for a reason considered serious and legitimate (being defined as unforeseeable by the Customer at the time of registration for the Program). In the absence of a serious and duly justified reason, the Customer may not obtain any reimbursement from MTE of instalments already paid or due to be paid in respect of the Program at the date of termination.

 

If the Customer has not taken out :

- In the event of termination of registration for the Program course by the Customer, for a serious and legitimate reason, duly justified, the Program Price will be recalculated on a prorata temporis basis for the Program time actually elapsed at the date of termination. Any sums already paid will be retained by MTE for the services actually provided.

- In the absence of a duly justified, serious and legitimate reason, the Customer may not obtain any reimbursement of sums already paid to MTE on the date of cancellation, and the Customer acknowledges that all instalments remaining due to MTE must be paid.

 

In the case of an option for tennis instruction, whether or not the Customer has taken out Insurance, termination due to an injury disabling the Participant for more than six (6) months, on presentation of medical examinations, and after validation by the Academy's medical staff, entitles the Participant to a refund of the Program price, prorated to the elapsed time of the Program, less a lump sum of one thousand five hundred euros including all taxes (1.500 including VAT), corresponding to administrative, teaching and organizational costs incurred by MTE.

Any request for cancellation or termination must be sent to MTE by registered letter with acknowledgement of receipt to its head office, for the attention of the Sport-Etudes Program Manager.

 

 

 

Delivery of the Program (hereinafter referred to as the «Delivery») is deemed to be effective upon confirmation of the order sent by MTE to the Customer, constituted by the automatic dispatch of the Contractual Documentation by the service provider DocuSign, as stipulated in article 5.1 of these GTS.

 

 

8.1. The Customer has a right of withdrawal of fourteen (14) completed calendar days from Delivery, without having to justify his decision or pay penalties, in compliance with the provisions of article L221-18 of the French Consumer Code.

 

8.2. The Customer shall inform MTE of the exercise of his right of withdrawal within the aforementioned period by unambiguous e-mail, expressing his wish to withdraw, sent to the following address admissions@mouratoglou.com, in compliance with Article L221-21 of the French Consumer Code. MTE will acknowledge receipt of the Customer's withdrawal by e-mail without delay. If the Customer's right of withdrawal is exercised within the aforementioned time limits and conditions, MTE undertakes to reimburse the Customer for all sums paid within fourteen (14) days at the latest from the date on which it was informed of the Customer's decision to withdraw. Refunds for orders paid for by credit card will be made via the credit card used for payment, at no cost to the Customer. Where the price of the Program has been paid by bank transfer, reimbursement will be made by bank transfer to the Customer's bank account after the Customer has sent MTE his/her bank details at the latter's request.

 

 

 

When registering the Participant, the Customer is invited, in addition to providing a medical certificate, to complete an emergency form under his/her sole responsibility and will assume, without any recourse against MTE, the consequences of any inaccuracy in the information provided (the «Medical Form»). The Customer authorizes MTE to take all necessary care or hospitalization measures in the event of injury or incident of any kind physically affecting the Participant throughout the duration of the Program. In the event that the Customer has subscribed to the medical supervision option when registering and choosing the Formula, care will be provided by MTE within the limits of the skills and infrastructures of its medical-sports center. Any additional treatment will be charged to the customer.

 

In the context of its activity, MTE is insured under the conditions set out in articles L321-1 et seq. of the French Sports Code. The customer is solely responsible for taking out third-party liability insurance.

 

The Customer guarantees that the Participant has taken out a personal liability insurance policy covering any damage (i) that he/she may cause to third parties through his/her own actions throughout the duration of the Program, (ii) to which he/she may be exposed as a result of his/her sporting activities, in application of the provisions of article L321-4 of the French Sports Code. At MTE's first request, the Customer will provide a civil liability certificate.

 

9.3. Liability : 

MTE has only an obligation of means for all stages of access and ordering on the Site. MTE's liability is expressly excluded, as the Customer acknowledges, for any inconvenience or damage inherent in the use of the Internet network.

MTE's liability is expressly excluded, which the Customer acknowledges, in the event of (i) the absence of results (such as winning any competition or improving the participant's ranking) following participation in the Program, (ii) the loss, deterioration or theft of any personal item at the Academy, (iii) in the event of force majeure within the meaning of Article 1218 of the French Civil Code and current case law.

 

The Participant and his/her legal representatives are solely responsible for the Participant's immigration status. The assistance provided by MTE to the Customer in any administrative procedures required to obtain a visa for the Participant when subscribing to the «VISA Letters» option in no way exonerates the Customer, and more generally the Participant's legal representatives, from this responsibility, as the assistance is for information purposes only and does not present any guarantee, nor is it exhaustive. 

 

10. INTELLECTUAL PROPERTY

 

10.1. The brands, logos, documents, studies, domain names, images, videos, texts, know-how and more generally any other information subject to intellectual property rights in connection with the Program are and remain the exclusive property of MTE. No transfer of intellectual property rights is made through these GTC. In particular, the Customer acknowledges and accepts that the Program is subject to intellectual property rights.

 

10.2. The Customer may not mention or use the brands, logos, documents, program supports, methodologies, studies, domain names, images, videos, texts, know-how and any other intellectual property rights belonging to MTE without the express prior written authorization of MTE. In this respect, MTE reserves the right to oppose, stop and seek compensation for any use of its intellectual property rights that it considers to be counterfeit, unfair, constitutive of acts of parasitism or contrary to its image or to rights that it has granted.

 

 

 

MTE, via the subscription to the Program by the Customer, the participation in the Program by the Participant and the provision of the services covered by the Program by MTE, as well as the video surveillance/videoprotection system designed to ensure the security of goods and persons, installed at the Mouratoglou Country Club located at 3550 route des Dolines, 06410 Biot, implements the collection and processing of certain personal data relating to its users, including the Participant.  

 

To find out more about the processing of their data, the Customer and Participant are invited to consult the Privacy Policy available at: https://campus.mouratoglou.com/ 

 

11.1. Acceptance of the Privacy Policy: The Privacy Policy is accessible to Customers by clicking on the «Privacy Policy» link on the registration page. Any order placed by the Customer implies that the Customer has consulted this Privacy Policy online and accepts its terms.

 

 

 

The Customer authorizes MTE, any third party authorized by the latter (television crews, photographers, journalists) and any company controlled by it, which controls it or placed under common control with it, within the meaning of article L.233-3 of the French Commercial Code (an «Affiliate»), on a non-exclusive basis, to capture, fix, reproduce, use, distribute and duplicate his/her image and voice as well as the image and voice of the Participant for promotional, illustrative, decorative, representational or advertising purposes. In this context, the Customer authorizes MTE, any Affiliate, or any third party authorized by the latter (television crews, photographers, journalists) to use his/her image and voice, as well as the image and voice of the Participant, in whole or in part, on all media (and in particular paper, video, multimedia, internet) and by any means of communication, known or unknown to date, (in particular intranet broadcasting, internet broadcasting, television broadcasting, exhibition) for the purposes of its internal and external communication, as well as for the advertising, promotion and sale of the products and Services of MTE or an Affiliate. This authorization to use the image and voice rights of the Customer and Participant is valid worldwide, for a period of ten (10) years from the date of acceptance of these GTC and is granted free of charge.

 

Where necessary, the Contractual Documentation includes a «Mention for minor/major registrations».

 

However, the Customer may explicitly object to the broadcasting of his/her image and voice or the image and voice of the Participant directly to MTE at any time by sending an email to rgpd@mouratoglou.com.

 

The Participant undertakes to respect the values of MTE and, in all circumstances, to do nothing that could be considered as presenting MTE in a negative or devaluing way, as well as to respect the internal rules of MTE throughout the execution of the Program. Failure to comply with the internal rules may result in the temporary or permanent exclusion of the Participant, without reimbursement of the Customer in the event of exclusion for a period of less than or equal to two consecutive weeks. As a penalty clause, in the event of damage of any kind whatsoever caused by the Participant's behavior, the Customer will owe MTE a lump sum of five thousand euros (5,000 euros). This sum may be deducted from the amounts to be reimbursed to the Participant in the event of exclusion in accordance with article 6 above.

 

Furthermore, in the context of the fight against doping, the Participant undertakes not to make any use whatsoever of any substance or process prohibited by the laws and regulations in force with regard to doping, whether on his or her own behalf or on behalf of any other person whatsoever (by transferring, offering, administering or facilitating their use or encouraging their use).

As a player, the Participant undertakes to regularly consult the list of prohibited products that are incompatible with the practice of a professional sport, which is available from the World Anti-Doping Agency (WADA).

 

The Participant further undertakes to comply with the Anti-Doping Charter reproduced in the Appendix to the internal rules, in his capacity as a player (cf. par. I).

 

 

 

13.1. Mediation : In the event of a dispute relating to the formation, execution, non-execution or termination of sales concluded in application of these GCS, the Parties will attempt to find an amicable solution. The Customer may thus have recourse to a consumer mediator in accordance with Article L612-1 of the French Consumer Code. In order to submit his dispute to the mediator, the Customer must :

 

(i) fill in the form on https://sasmediationsolution-conso.fr/, or

 

(ii) send the request by simple or registered mail to Médiation Solution, 222, chemin de la bergerie 01800 SAINT JEAN DE NIOST, or

 

(iii) send an e-mail to the following address: contact@sasmediationsolution-conso.fr.

 

In order to be processed promptly, any request for mediation from the Customer must contain the following information: the Customer's postal, electronic and telephone contact details, MTE's contact details, a brief statement of the facts, and proof of prior contact with MTE.

13.2. Applicable law and jurisdiction - Language: These GTC are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.

All provisions contained in the GTC, as well as all purchase and sale transactions referred to therein, shall be governed by French law and the competent courts.