Ski4Cheap - Terms and Conditions!

Terms of Use


Introduction


Last updated 22 September 2009.


This website (the Site) is owned and operated by Ski4Cheap. Your access to, use of, placing of a lesson booking, linking to the Site, use of software or downloading software on the Site (collectively, your Access) is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained on this page and elsewhere on the Site (Terms of Use). If you do not agree with the Terms of Use, exit this Site.


Your Access to the Site constitutes your agreement to be bound by the Terms of Use. We reserve the right to amend the Terms of Use at any time and you should periodically refer to them on this page and elsewhere on this site.


These Terms of Use apply to the use of this website (Site), and by accessing this Site and/or placing a lesson booking you agree to be bound by the terms and conditions set out below.


The Terms of Use of this Site do not affect your statutory rights as a consumer.


"You" and "Your" means the person using this Site to order or supply goods and subject to these Terms of Use.


"Ski4Cheap.com", "We", "Us", or "Our" means Ski4Cheap


Registered in England and Wales. Company Registration No. TBC. VAT Number TBC.


Terms and Conditions


The use of this website is subject to the following terms of use:


  • Ski4Cheap is a networking site that link together ski & snowboard instructors, guides and students.
  • Ski4Cheap is not affiliated with any ski schools or resorts. © 2009 Ski4Cheap
  • Ski4Cheap is part of the Dycept group.
  • All prices applicable per lesson.
  • Lessons participants are transferable.
  • Lessons cannot be cancelled by participants within a month of lesson date.
  • In the event of an instructor/tour guide cancelling a lesson a refund will be paid to participant in full.
  • Refund of lessons because of injuries or illness only with the medical confirmation of a local doctor.
  • A reservation for a private instructor is only confirmed when paid in full.
  • Ski4Cheap accepts no liability for accidents either before or during a lesson. Accident Insurance is the responsibility of the participants. All participants, both instructors and students, are required to have sufficient personal insurance in case of accident.
  • The content of the pages of this website is for your general information and use only. It is subject to change without notice.
  • Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
  • Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
  • This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
  • All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.
  • Unauthorised use of this website may give to a claim for damages and/or be a criminal offence.
  • This website includes links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Disclaimers and Limitation of Liability


To the extent permitted by law, Ski4Cheap provides this Site and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of this Site, or that it will be timely or error-free, that defects will be corrected, or that the Site or server that makes it available are free of viruses or other harmful components.


Subject to the previous paragraph, neither Ski4Cheap nor Ski4Cheap directors, officers, agents, employees or contractors shall have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract, tort or otherwise from the use or inability to use this Site.


Ski4Cheap accepts no liability for accidents either before or during a lesson. Accident Insurance is the responsibility of the participants. All participants, both instructors and students, are required to have sufficient personal insurance in case of accident.


You acknowledge that we are not a traditional ski school. Instead, our site is a venue to allow anyone to offer, sell, and buy skiing & snowboarding tuition services.


We do not review or validate profiles and are not involved in the actual transaction between instructors and students. While we may help facilitate the resolution of disputes through various programmes, we have no control over and do not guarantee the quality or safety of lessons, the truth or accuracy of listings, the truth or accuracy of feedback or other content posted by users on our sites, the ability of instructors to sell services, or the ability of students to pay for items.


Please do not assume that an instructor/guide is fully qualified simply because they are listed on one of our sites. Whilst Ski4Cheap make every effort to validate instructors qualifications, it is the responsibility of the instructor to ensure he/she is fully qualified for teaching in the resort of their choice.


Rules for Students


Ski4Cheaps policies are rules and guidelines that help to create a safe, fair and enjoyable environment for all Ski4Cheap members. As a Student, you are responsible for reviewing and understanding Ski4Cheaps policies.


Ski4Cheaps policies are intended to


  • Support government laws and regulations
  • Minimise risks to Students and Instructors
  • Provide equal opportunity to all Students
  • Provide an enjoyable lesson experience
  • Support the values of the Ski4Cheap Community

Students cannot


  • Commit to a lesson without paying.
  • Book a lesson and not attend. A booking is a binding contract. Insincere booking is not permitted.
  • Neither students nor instructors may offer to conduct the booking offline from Ski4Cheap.
  • At no time may a student enter into a private negotiation for lessons with an instructor.

Breaches of these policies may result in a range of actions, including


  • Lesson cancellation
  • Limits on account privileges
  • Account suspension
  • Forfeit of fees on cancelled lessons

Rules for Instructors


Ski4Cheaps policies are rules and guidelines that help to create a safe, fair and enjoyable environment for all Ski4Cheap members. As an instructor, you are responsible for reviewing and understanding Ski4Cheaps policies.


Learning about Ski4Cheaps policies before opening an account will help you to avoid unintentionally breaking rules. Ski4Cheap policies are updated to respond to marketplace, Community and security issues, so it is important to check them regularly for changes.


Breaches of these policies may result in a range of actions, including:


  • Lesson cancellation
  • Limits on account privileges
  • Account suspension
  • Forfeit of fees on cancelled listings

Every instructor/guide must know and follow the rules. Below is some additional policy breaches not permitted on Ski4Cheap:


  • Instructor/Guide Non Performance - Instructors must honor the transaction contract. Instructors cannot fail to attend to a lesson for which payment was accepted or significantly misrepresent their skills.
  • You must pay relevant fees and taxes for the country which they are in.
  • Instructors / guides must be qualified and ensure they have the recognized qualification for the resort they choose to operate in
  • All information provided by instructors must be accurate and we reserve the right to verify information, including but not limited to instructor certification and mountain location.
  • Instructors are responsible for the amount of personal contact information that is shared with the visitors to Ski4Cheap
  • It is the responsibility of instructors to not overbook themselves. Ski4Cheap is not responsible for any instructor cancellations due to overbooking. The responsibility lies with the instructor/guide

Release


If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.


Intellectual Property


You may not print, copy, reproduce, download, republish, broadcast, transmit, display, modify or re-use the materials from this Site for anything other than personal, non-commercial use, including in particular any purpose which publicly re-sells or re-uses the materials, without the prior written consent of the copyright holder.


All copyright, trademarks and other intellectual property rights in this Site and its content (including without limitation the Site design, text, graphics, logos, icons, images and all software, databases and source code connected with the Site) are owned by or licensed to Ski4Cheap or otherwise used by Ski4Cheap as permitted by law.


"Ski 4 Cheap - Half price lessons all over the world!", "Ski 4 Cheap - Connecting skiers and instructors direct!", Ski4Cheap and the Ski4Cheap logo are trademarks of Ski4Cheap.


Indemnity


You must indemnify and hold harmless Ski4Cheap, its directors, officers, employees, agents, vendors, advertisers, partners and suppliers and keep them indemnified against all loss, actions, proceedings, costs, expenses (including legal fees), claims and damages arising from your Access to and use of this Site, any breach or violation of the Terms of Use of this Site or your violation of any law or your violation of the rights of any third party.


Availability


This Site may be unavailable at certain times to allow for maintenance and upgrades. Although we will endeavour to notify customers in advance of any service unavailability, this cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.


Third Party Sites


This Site may contain links to other websites. Those websites are not under the control of Ski4Cheap and Ski4Cheap is not responsible for the practices, content or availability of such websites. A link does not imply endorsement of, sponsorship of, or affiliation with the linked site. We provide the links as a convenience only. If you decide to access linked third party websites, you do so at your own risk, and we will not be held responsible or liable for any loss or damages caused by use of or reliance on any contents, goods or services available on such websites.


You may provide a non-framed link to this Site from any other business or service website but not in any way which gives the impression that we are associated with or have approved such other site, unless expressly agreed to by ourselves in writing.


Limitations of Use


This Site is intended to be accessed by persons located in the UK and we make no representation that any information, materials or functions included in this Site are appropriate for use in any other jurisdiction.


By using this Site, you warrant that any personal information provided by you is true, accurate, current and complete in all respects and that you will notify us immediately of any changes to your personal information by updating your member profile on the Site or contacting us.


You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use.


Members passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and bookings that occur or are submitted through your membership. If you know or suspect that someone has knowledge of your password then you should contact us immediately.


You may not use the Site for any unlawful or unauthorised purpose, including without limitation:
1. Distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material.
2. Transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice.
3. Interfering with any other persons use or enjoyment of the Site.
4. Damaging, disabling or impairing the operation of this Site or attempting to gain unauthorised access to this Site or to networks connected to it, through hacking, spoofing or other such similar means.


Feedback and User Submissions


We do not solicit nor wish to receive any confidential or proprietary information from you. Nor do we wish to receive any creative materials, ideas or suggestions other than those we specifically request.


If you do send to us by email or otherwise, any communication or material, you represent and warrant that the information and material is original to you, and you will be deemed to have granted us a perpetual, world-wide, royalty-free license to use such communications or material in any way we see fit and we will be free to use any such material or information contained in communications you send for any purpose whatsoever.


Feedback is a valuable indicator of an instructors reputation on Ski4Cheap. Your Feedback Profile includes a Feedback Score, as well as comments from your transaction partners. As a Ski4Cheap member, you should use caution and good judgment when leaving Feedback for another member. What you write will be a permanent part of that members record on Ski4Cheap.


Ski4Cheaps Feedback-related policies are designed to encourage an open and honest platform. However, to ensure that Feedback is used for the proper purpose and not abused, Ski4Cheap has some basic rules that must be followed. The following practices are prohibited on Ski4Cheap;


  • Feedback Extortion - Threatening to leave negative or neutral feedback for another member unless the other member provides goods or services not included in the original agreement
  • Feedback Manipulation - Feedback left or received where the Feedbacks primary value is to enhance a members reputation artificially
  • Feedback in instructor terms and conditions - Sellers are not permitted to include any conditions in their listings or terms of sale that limit or restrict the buyer from leaving Feedback.

Placing a booking


Ski4Cheap endeavors to deal with reputable parties who provide a quality service, however Ski4Cheap accepts no responsibility or liability for the quality or quantity of any service from parties.


After you submit a lesson booking, we will give you a lesson number and send the details of this booking in an email. This is acceptance of your booking. Payment for your lesson is held securely by Ski4Cheap. At time of lesson your lesson booking reference is given to your instructor who is then able to process the payment following the lesson.


Please make sure the email address and mobile phone numbers you provide are correct and your mailbox is in proper working order. All correspondence regarding your booking will be sent through your user account on the site with notifications sent to your mailbox.


All lessons are the sole responsibility of the instructor accepting the booking. Please be aware that the instructor will do everything they can to meet the lesson time, however lesson times may be affected by factors beyond their control and therefore cannot be guaranteed. We will inform you if we become aware of an unexpected delay.


Incorrect personal details may lead to problems or delays, so please ensure that you have included your correct address (including postcode), email address and contact telephone number when booking.


Payment


Once your booking has been confirmed, this represents an agreement between you the customer and the instructor. Payment is made via PayPal, who will process payment securely. Ski4Cheap securely hold the lesson monies until the lesson has occurred and payment to the instructor is processed. Ski4Cheap will not ask for or store credit or debit card details. All payment is processed through PayPal.


All prices are inclusive of VAT and quoted in Euros.



Cancellation


Within a month of the lesson you do not have the right to cancel the lesson. You have the right to cancel a lesson over one month before the lesson date. A 15% lesson cancellation fee will be charged. In the event of an instructor/tour guide cancelling a lesson a refund will be paid to participant in full.


A lesson may be subsequently cancelled by an instructor after you have received an email stating the booking has been accepted. Ski4Cheap reserves the right to cancel any lesson, before or after acceptance, and will notify you immediately of any such cancellation.


Fees


Joining Ski4Cheap and searching for instructors is free. We do charge fees for lessons. Ski4Cheap will process 70% of the total lesson price to the instructor. If a Rep has made a referral then this rep will be paid 5 Euro. Changes in fees will be communicated to our members. Unless otherwise stated, all fees are quoted in Euros. Students are responsible for paying all lesson costs. A lesson will not be confirmed until a payment has been made through PayPal. If your payment method fails, your lesson will not be confirmed.


Instructor Ratings


The ratings contained on this Site are for informational purposes only and do not constitute advice. Nor should you rely on ratings to make (or refrain from making) or take (or refrain from taking) any action. Ratings are the opinions of registered Ski4Cheap members and any statements, advice or opinions made by such members are those of such members only.


Recommend a Friend


The following terms apply to introducing a friend to join the Site:


  • By introducing a friend and providing their email address, you authorise us to forward that introduction via email from you to that friend.

Reps


The following terms apply to Reps:


  • To gain the reward for a lesson referral, the customer must use the Rep ID in the booking form. Ski4Cheap are not liable for the customer not using this booking reference.
  • You will receive a reward for each lesson that is paid for by the customer following completion of the lesson.
  • Payment will be processed following the lesson to the Reps PayPal account.
  • Reps will be notified by email when a booking is made and when a lesson has occurred.
  • As a Rep you agree to the site terms.

Termination


We reserve the right to decline a new registration, terminate your right to link to the Site, remove you as a user of this Site, and/or prevent any further use if you violate any of the Terms of Use. If we consider there to be a risk of liability or loss to us or our members we may take any action deemed necessary to prevent such a liability or loss from occurring.


If we terminate your right to link to the Site you must cease linking to the Site immediately. Any person who holds a suspended or terminated membership must not order from or re-join this Site without our prior written consent. We reserve the right to assign or sub-contract any or all of our rights and obligations under these terms.


Please note that we have the ability to trace your IP address, and if necessary, contact your ISP in the event of a suspected breach of these Terms of Use.


Enforceability


If any part of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of these Terms of Use.


No waiver by us shall be construed as a waiver of any preceding or succeeding breach of any provision.


Governing Law

The Terms of Use, Privacy Policy and any matter relating to this Site shall be governed by English law and any dispute shall be resolved exclusively in the courts of England.