Conditions générales de ventes - Relais Skilead
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Conditions générales de ventes - Relais Skilead

Conditions générales de ventes - Relais Skilead

1. Definitions

In these General Terms and Conditions of Sale (the “GTC”), terms beginning with a capital letter have the following meanings:

“SKILEAD” refers to SKILEAD, a simplified joint-stock company with a capital of €5,000, registered with the Grenoble Trade and Companies Register under number 917 587 206, with its principal place of business located at 152 Place de Belledonne, 38410 Chamrousse, and whose intra-Community VAT number is FR85917587206. SKILEAD is represented by Ms. Céline Goulot, in her capacity as managing director.

“Relais” refers to any store or independent professional who subscribes online to a “Relais Skilead” subscription plan, allowing them to offer online ski rental reservations and access the back office to manage them. This subscription does not confer any right to use the SKILEAD trademark, the use of which is reserved for Tanières Skilead.

“Business Account” refers to the account created in the Relais’s name, providing access to the Skilead back office, the Relais Page, and the subscribed services.

“Relais Page” refers to the page dedicated to the Relais, published on the Skilead platform and editable online.

“Platform” refers to the website, interfaces, software, tools, and digital services operated by SKILEAD, including those used to showcase the Relais and manage reservations for snow sports equipment rentals.

“End Customer” means any person making a reservation for snow sports equipment with a Relais through the Platform.

“Reservation” refers to any snow sports equipment rental reservation recorded on the Platform and assigned to the Relais.

“Plan” means one of the Starter, Premium, or Diamond subscription plans.

“Option” means any additional service subscribed to by the Relais in addition to its Plan.

“Renewal Date” means the monthly subscription renewal date, which corresponds each month to the same day as the subscription start date. Any subscription month that has begun remains fully payable in the event of termination.

“Commission Base” means the total amount, including all taxes, of the revenue generated by Reservations made on the Platform on behalf of the Relais. Applying the commission rate to this base determines the pre-tax amount of the commission, to which 20% VAT is added.

2. Purpose and Contractual Documents

The purpose of these GTC is to define the terms under which SKILEAD provides the Partner with access to the Platform and related services, in exchange for payment of a monthly subscription fee, supplemented, where applicable, by Options and commissions on Reservations.

These Terms and Conditions constitute general terms and conditions of sale between businesses. They exclusively govern the relationship between SKILEAD and the Partner and are distinct from the general rental terms and conditions applicable to End Customers. SKILEAD’s General Rental Terms and Conditions govern the reservation and rental of snow sports equipment by the End Customer on the website www.skilead.com; they do not govern the subscription taken out by the Partner.

The contract consists of these GTC, the applicable price list, the order summary accepted by the Partner, and, where applicable, any special terms or annexes expressly accepted. In the event of a conflict, the special terms and conditions take precedence over these General Terms and Conditions, and the order summary takes precedence over the price list for the specific items included in the subscription.

These Terms and Conditions constitute the sole basis for commercial negotiations between professionals (Commercial Code, Art. L. 441-1). They are available prior to any subscription and must be accepted by the Relais under the conditions set forth below.

3. Online Subscription and Business Account

The subscription is completed online following the process provided by SKILEAD. The Relais provides the requested legal information, including its SIRET number, APE code, corporate name, the address of the applicant’s business, the first and last name of its executive, and the executive’s cell phone number. The Relais selects a Plan and, if applicable, one or more Options, provides its billing information as well as the details of a valid credit card for payment of the subscription, and then reviews the order summary. Payment is made exclusively by credit card, via Stripe or PayPlug.

Eligibility to subscribe is verified based on the requesting establishment’s ZIP code. Certain resorts, notably Chamrousse, may be subject to territorial exclusivity agreements that prevent a Relais from joining. This verification takes place before the subscription is confirmed.

Before final confirmation, the Relais can review the order details and total price and correct any errors. The subscription becomes binding once the Relais checks the box to accept the Terms and Conditions and clicks the button to confirm the order and payment. (Civil Code, Arts. 1125, 1127-1, and 1127-2)

The acceptance checkbox must not be pre-checked. The Terms and Conditions are provided in a format that allows for their retention and reproduction. SKILEAD shall send the Agent, without undue delay, an electronic acknowledgment of receipt that includes or refers to the accepted contractual terms and the order summary. (Civil Code, Art. 1127-1 and 1127-2)

SKILEAD retains the information necessary to establish the subscription, including the accepted version of the Terms and Conditions, the date and time of confirmation, the Professional Account ID, and the available technical data. Simply posting the Terms and Conditions online is not sufficient to establish their acceptance; their communication and acceptance must be demonstrable (Civil Court of Cassation, 1st Chamber, June 9, 2021, No. 20-15.356) (Cass. civ. 2nd, November 5, 2020, No. 18-25.723)

The Agent guarantees the accuracy and timeliness of the information provided. The Agent is responsible for the confidentiality of their login credentials and for any use of their Professional Account. Any use made through the Agent’s login credentials is deemed to have been carried out by the Agent, unless fraudulent use is reported immediately.

The Relais must have the necessary capacity and authority to enter into these Terms and Conditions on behalf of its company. The signatory’s full identity and authority are as indicated at the time of enrollment.

4. Plans, Options, and Services

The Relais selects one of the following Plans:

Plan

Monthly Subscription

Commission on Reservations

Starter

€49 (excl. tax) per month

5%

Premium

99 € (excl. tax) per month

6%

Diamond

€169 (excl. tax) per month

7%

Prices are listed excluding tax. VAT and any other applicable taxes are billed separately at the current rate.

All plans include access to the Skilead back office and its features, the ability to independently create a dedicated, editable online landing page, and hosting for that page.

SEO optimization and a quarterly feature in the Skilead newsletter are included in the Premium and Diamond Plans.

A feature article dedicated to the Relais on the Skilead blog and Skilead’s social media channels is also included in the Diamond Plan.

The Relais can subscribe to the following Options at the same time as the subscription:

  • optimization and management of the Google My Business listing: €100 (excl. tax) per month;

  • management of Instagram and Facebook social media accounts: €250 (excl. tax) per month.

Options are subscribed to for an indefinite term and follow the terms of the subscription, unless otherwise specified in the order summary. They are billed monthly until canceled.

Hosting for the Relais Page is included in the subscription price for the entire duration of the subscription, including beyond the first year. It is not billed separately starting in the thirteenth month.

The subscription is non-binding and constitutes an open-ended contract. It does not grant SKILEAD any exclusivity: the Relais remains free to maintain its other distribution and marketing channels.

5. Reservations and Commissions

SKILEAD provides the Relais with the tools to showcase its business and accept Reservations on the Platform. The Relais remains responsible for the accuracy of information regarding its establishment, availability, rates, equipment, and operating conditions.

Contractual relationships regarding equipment rentals are entered into between the Partner and the End Customer, in accordance with the terms and conditions applicable to the reservation and rental. The Partner is solely responsible for preparing, providing, and returning the reserved equipment, as well as for fulfilling its obligations to the End Customer. It must provide the reserved equipment or, when necessary, equivalent or superior equipment.

In exchange for the services provided by SKILEAD, each Reservation is subject to a commission corresponding to the selected Plan: 5% for Starter, 6% for Premium, and 7% for Diamond. The pre-tax amount of the commission is calculated by applying this rate to the total revenue (including all taxes) from Reservations made on behalf of the Partner, in accordance with the Commission Base defined in Article 1. A 20% VAT is added to the pre-tax amount of the commission.

The amounts collected on behalf of the Relais are remitted to it, after deduction of SKILEAD’s commission (including VAT), within a maximum of sixty days from the date of return by the end customer at the store. The Relais shall provide bank account information (RIB) to facilitate the transfer of the amounts due to it. These payments shall also take into account the refunds provided for below and, where applicable, the set-off provided for in Article 6.

When a refund to the End Customer is the responsibility of the Retail Partner and SKILEAD processes this refund on its behalf, the Retail Partner authorizes SKILEAD to deduct the refunded amount from the payments due to it. The refund and the corresponding deduction are itemized in the statement sent to the Retail Partner.

Reservations confirmed prior to the effective date of the contract’s termination must still be fulfilled by the Agent and remain subject to commission, even if they are fulfilled after that date.

Information regarding Reservations must be accurate, complete, and kept up to date. The Agent shall not circumvent the Platform or divert a Reservation in order to avoid paying the corresponding commissions.

SKILEAD may provide the Agent with the information necessary to fulfill the Reservation. The Agent shall not use the data provided for any purpose other than fulfilling the Reservation, particularly for commercial solicitation purposes, unless there is a valid basis and consent permitting such use.

6. Prices, Billing, and Payment by Credit Card

Subscriptions and Options are billed monthly. Unless otherwise specified in the order summary, recurring amounts are due on each renewal date.

Payment for subscriptions and Options is made exclusively through recurring charges to the valid credit card provided by the Relais when creating their Professional Account. The Relais authorizes the corresponding payments and is responsible for maintaining a valid payment method by updating their credit card information as needed.

Credit card payments are processed by Stripe or PayPlug, depending on the service provider used at the time of subscription.

Invoices are made available to the Relais electronically. They specify, in particular, the description of the services, their unit price excluding tax, the due date, the late-payment penalty rate, and the flat-rate collection fee, in accordance with the requirements applicable to business invoices (Commercial Code, Art. L. 441-9)

Any rejection or inability to process a credit card payment does not release the Relais from its obligation to pay. Any fees charged by the bank or payment service provider as a result of the rejection shall be borne by the Relais, provided that such fees are actually incurred by SKILEAD and can be substantiated.

Any delay in payment shall result, as of the day following the due date, in the application of late payment penalties at the rate specified on the invoice, which may not be less than three times the statutory interest rate. In the absence of a stipulated contractual rate, the applicable rate is that provided for by the regulations governing transactions between businesses (Commercial Code, Art. L. 441-10).

A flat-rate indemnity of €40 for collection costs is due for each late payment, without prejudice to the right to claim additional compensation upon justification when the actual costs incurred are higher (Commercial Code, Art. L. 441-10 and D. 441-5)

Without prejudice to the set-off expressly agreed upon below, the Relais may not suspend or set off payment of an invoice without the prior written consent of SKILEAD or a final decision by the competent court.

The parties expressly agree that SKILEAD may set off amounts due and unpaid under the subscription against the amounts it is required to remit to the Relais in connection with Reservations, by way of contractual setoff. This setoff is limited to certain, liquid, and due reciprocal claims. SKILEAD shall send the Relais a statement detailing the unpaid invoices, the amounts withheld, and the balance remitted. The set-off does not apply to amounts owed to End Customers as refunds and is subject to applicable mandatory rules, particularly those governing insolvency proceedings. (Civil Code, Art. 1348-2)

7. Obligations of the Parties

SKILEAD agrees to provide the Relais with the services included in the subscribed Plan and to grant it access to the Professional Account, the back office, and the Relais Page, subject to payment of the amounts due and compliance with these Terms and Conditions.

SKILEAD is responsible for the general administration of the Platform, its development, and the provision of the features offered. Search engine optimization and social media management services are provided only when included in the Plan or subscribed to as an Option.

The Partner agrees to provide SKILEAD with the information, content, visuals, logos, schedules, rates, availability, and contact details necessary for the creation and updating of its Partner Page. The Partner shall regularly review the published information and promptly request any necessary corrections.

The Partner operates its business under its sole responsibility. In particular, it shall ensure that it has the necessary authorizations, insurance, and resources for its operations, complies with the rules applicable to equipment rentals, and fulfills Reservations under the terms communicated to the End Customer.

The Partner shall refrain from using the SKILEAD trademark and from using the Platform or Skilead content in any manner that violates these Terms and Conditions, applicable regulations, or the rights of third parties. In particular, the Partner shall refrain from publishing content that is illegal, misleading, defamatory, infringing, or harmful to personal safety.

The information provided by the Partner must enable SKILEAD to ensure that End Customers receive fair, clear, and transparent information regarding the listing, ranking, presentation of offers, and professional quality of service providers (Consumer Code, Art. L. 111-7, D. 111-6, and D. 111-8)

8. Intellectual Property and Content of the Relais

SKILEAD retains all rights to the “SKILEAD” trademark, the Platform, the back office, the software, databases, interfaces, symbols, graphic elements, content, methods, technologies, and tools made available to the Relais. The “SKILEAD” trademark is registered with the INPI under number 4875451.

These Terms and Conditions grant the Relais, for the duration of the subscription and solely for the purpose of using the services, a personal, non-exclusive, non-assignable, and non-transferable right to access the Platform and use its features.

The “Relais Skilead” subscription does not confer any right to use the SKILEAD trademark, the use of which is reserved for Skilead Tanières under their franchise agreement. The Relais remains an independent professional and may not present itself as a franchisee or a Tanière Skilead.

Any unauthorized reproduction, representation, adaptation, extraction, commercialization, making available, or use of the Platform or its elements is prohibited. (CPI, Art. L. 122-4)

The Relais retains its rights to the content, photographs, texts, price lists, logos, and information it submits to SKILEAD. The Relais grants SKILEAD, for the duration of the subscription, a non-exclusive, royalty-free, worldwide license to reproduce, display, technically adapt, and distribute this content on the Platform and in the media necessary for the performance of the services.

The Relais warrants that it holds the necessary rights and authorizations for the content provided. It indemnifies SKILEAD against any claim, action, or judgment based on an infringement of intellectual property rights, image rights, or any other third-party rights arising from such content.

When the Relais subscribes to the Google My Business Management Option or the Social Media Management Option, it authorizes SKILEAD to administer the relevant accounts within the scope of the agreed-upon services and provides SKILEAD with the necessary access credentials. These Options are subscribed to at the same time as the subscription.

9. Personal Data

Each party processes personal data for which it determines the purposes and means as an independent data controller, provided that this designation accurately reflects the processing in question. The parties’ status depends on the actual processing activities carried out and not solely on the designation used in the contract (CNIL Decision No. 2021-091)

SKILEAD processes, in particular, data relating to the Professional Account, the Relais’s contacts, billing, and the administration of the contractual relationship for its own purposes. SKILEAD may also process, for its own purposes, End Customer data used for Platform management, payment processing, statistics, and communications related to its business activities. (CNIL Decision No. 2016-256)

The Partner processes the data necessary for fulfilling Reservations, preparing and delivering equipment, and managing its relationship with End Customers. It is the Partner’s responsibility to provide data subjects with the required information and to comply with the rules applicable to its own data processing activities.

When SKILEAD processes personal data on behalf of the Relais and solely in accordance with its documented instructions, the parties shall first enter into a data processing agreement in accordance with Article 28 of the GDPR. This agreement specifies, in particular, the instructions, confidentiality, security, subsequent processors, assistance, audits, and the return or deletion of data

The model of responsibilities adopted for each processing operation, the categories of data, retention periods, detailed purposes, and contact information for the designated representatives are specified in the documentation relating to the processing of personal data, which incorporates the corresponding provisions of the general rental terms and conditions applicable to End Customers.

Relais shall not use the data provided by SKILEAD for marketing purposes or to create commercial databases unrelated to the fulfillment of Reservations, unless it has an appropriate legal basis to do so.

10. Platform, Maintenance, and Availability

The Platform is accessible remotely, subject to maintenance operations, technical upgrades, constraints related to electronic communications networks, and incidents affecting the technical service providers used by SKILEAD.

SKILEAD may temporarily suspend all or part of the Platform for scheduled maintenance, updates, security measures, or backups. To the extent possible, SKILEAD will notify the Agent in advance of any scheduled interruptions.

No guaranteed service level or availability rate is specified at this time.  

The Relais remains responsible for its equipment, its internet connection, its login credentials, and the compatibility of its technical environment with the services offered.

11. Liability

Each party is liable for direct damages caused to the other party by a proven breach of its contractual obligations.

SKILEAD is not liable for damages resulting from incorrect or incomplete information provided by the Relais, from improper use of the services, from network failures or third-party service providers, the unavailability of the Relais’s equipment, the Relais’s failure to fulfill a Reservation, or any event beyond its control. Rental contracts and the delivery of equipment are the responsibility of the relevant independent store.

Except in cases of gross negligence or willful misconduct, bodily injury, breach of a mandatory obligation, or other cases that cannot be legally excluded, SKILEAD is not liable for indirect damages, including loss of revenue, loss of customers, operating losses, loss of data attributable to the Relais’s failure to back up data, or commercial loss.

SKILEAD’s total liability, for all causes combined, is capped at the pre-tax amount of fixed subscriptions actually collected from the Relay during the [to be completed—reference period for the cap, six or twelve months] preceding the triggering event. This cap shall not have the effect of depriving SKILEAD’s essential obligation of its substance (Civil Code, Art. 1170). Limitation-of-liability clauses must provide for effective compensation and may not set a cap that is derisory in light of the economic terms of the contract (Commercial Court of Cassation, January 15, 2020, No. 18-22.734) (Commercial Court of Cassation, October 20, 2021, No. 19-25.171)

12. Force Majeure

No party may be held liable for a breach resulting from an event beyond its control, which could not reasonably have been foreseen at the time the contract was entered into and whose effects cannot be avoided by appropriate measures.

The affected party shall notify the other party as soon as possible and take reasonable measures to limit the consequences of the event. Events that may constitute force majeure, provided they meet the aforementioned conditions, include widespread outages affecting a hosting or network provider, major cyberattacks, administrative decisions preventing the operation of ski resorts, and exceptional weather conditions.

If the impediment persists for [to be completed—duration of persistence], either party may terminate the contract by written notice, without compensation owed by either party. The force majeure provision shall be interpreted in accordance with Article 1218 of the Civil Code and applicable case law.

13. Suspension and Termination

In the event of a rejected or failed credit card payment, SKILEAD will send the Relais an email notification requesting that the Relais resolve the issue. If the matter is not resolved within seventy-two hours of receipt of this notification, SKILEAD may gradually suspend the affected services, including the Relais’s visibility and access to certain features of the Professional Account.

The suspension is limited to the services necessary to protect SKILEAD’s interests and may be lifted once the amounts owed have been paid in full. It does not deprive the Partner of access to the elements strictly necessary to resolve the issue, unless technically impossible or for security reasons.

In the event of a breach of contract, the aggrieved party may serve formal notice on the other party to remedy the breach. If the breach is not remedied within fifteen days of receipt of the formal notice expressly referring to this clause, SKILEAD may terminate the contract automatically by written notice. (Civil Code, Art. 1225)

Such termination may occur, in particular, in the event of persistent failure to pay, unlawful or fraudulent use of the Platform, repeated transmission of inaccurate information, infringement of third-party rights, repeated failure to fulfill Reservations, or a serious breach of the Relais’s security and insurance obligations.

In the event of a serious breach or conduct that makes it impossible to continue providing the service immediately, SKILEAD may suspend access to the directly affected features without delay, provided that it notifies the Host and ensures the measure is proportionate. A sufficiently serious breach may justify the suspension of the corresponding obligations (Civil Code, Articles 1219 and 1220).

Either party may terminate the subscription on the Anniversary Date, subject to thirty days’ notice. Termination shall be notified in accordance with the procedures set forth in Article 17. It takes effect on the Anniversary Date following the expiration of the notice period. Any subscription month that has begun remains fully payable.

SKILEAD may remove a Relay’s visibility or terminate its listing when a Skilead Den is established at the same location, subject to prior notice and the termination terms applicable under this article. In all cases, the Relay retains its pending Reservations, which it remains obligated to fulfill and which remain subject to commission.  

The Relay may at any time request to switch to a SKILEAD franchise agreement. This request does not grant the Relay any priority or right to obtain such an agreement. The decision rests with SKILEAD headquarters. In all cases, the Relais retains its current Reservations under the conditions set forth above.

14. Effects of Contract Termination

As of the effective date of termination, the Relais shall immediately cease using the SKILEAD Platform services corresponding to its Plan and the Options subscribed to, including the online platform and back-office functions, as well as any content or materials indicating its affiliation with the SKILEAD network, unless otherwise agreed in writing and subject to access to the information necessary for the fulfillment of pending Reservations as provided below.

The Relais Page is deactivated or removed from the directory.

 The Agent shall pay all subscriptions, Options, commissions, fees, and amounts due up to the effective date of termination.

Reservations confirmed prior to that date shall continue to be fulfilled by the Partner and commissionable in accordance with Article 5. The Partner shall retain access to the information strictly necessary for their fulfillment for as long as necessary.

Upon termination of the contract, the Agent shall, at SKILEAD’s request, return or destroy any media, documents, login credentials, brand elements, and equipment that may have been made available to it. Obligations relating to payment, intellectual property, personal data, liability, and confidentiality shall survive the termination of the contract for as long as necessary to fulfill their purpose.

15. Changes to Terms and Rates

SKILEAD may update the Platform’s features, interfaces, technical specifications, and services, provided that it does not substantially eliminate the subscribed service without offering the Partner an appropriate alternative.

The Plans, their prices, commission rates, and Options may be revised annually as of October 1. SKILEAD shall notify the Partner in writing of any changes at least one month before they take effect.

If the change results in a price increase or a substantial reduction in services, the Partner may reject the change and terminate the contract without penalty prior to its effective date. If the contract is not terminated within this period, continued use of the services after the effective date constitutes acceptance of the new terms.

Any amendment must be communicated in a format that allows for its retention. A unilateral amendment must be accompanied by prior notice and an effective right of termination in order to avoid a significant imbalance in the commercial relationship (Commercial Code, Art. L. 442-1) (Commercial Court of Cassation, May 13, 2026, No. 24-17.137)

16. Confidentiality

Each party agrees to keep confidential any technical, commercial, financial, or strategic information obtained under the contract that is not publicly available.

This obligation does not apply to information that the receiving party can demonstrate was public prior to its disclosure, was already lawfully known to the receiving party, was obtained from a third party not bound by a confidentiality obligation, or whose disclosure is required by a competent authority.

Confidential information may be used only for the performance of the contract and may be disclosed only to employees, advisors, and service providers who have a need to know and are subject to a confidentiality obligation. This obligation remains in effect during the term of the contract and for two years after its expiration, unless a longer period is required by the nature of the information or by law.

17. Notifications

Any notice relating to the contract, including any request for termination, formal notice, or dispute, shall be sent by email to the email address indicated in the Professional Account or in SKILEAD’s legal notices, depending on the recipient.

The Relais agrees to keep its contact information up to date. Any notice sent to the most recently provided contact information shall be deemed to have been validly delivered.

18. Governing Law and Dispute Resolution

These Terms and Conditions are governed by French law.

The parties shall endeavor to seek an amicable resolution to any dispute relating to the formation, interpretation, or performance of the contract. This attempt at an amicable resolution does not constitute consumer mediation, as these Terms and Conditions are entered into between professionals.

IF THE RELAIS IS A MERCHANT, ANY DISPUTE RELATING TO THE VALIDITY, INTERPRETATION, PERFORMANCE, OR TERMINATION OF THESE T&Cs THAT CANNOT BE RESOLVED AMICABLY SHALL FALL WITHIN THE EXCLUSIVE JURISDICTION OF THE COMMERCIAL COURT OF SKILEAD’S HEADQUARTERS, INCLUDING IN CASES INVOLVING MULTIPLE DEFENDANTS OR THIRD-PARTY PROCEEDINGS.

The jurisdiction clause applies only when the conditions for validity applicable to parties entering into a contract as merchants are met and when it has been expressly accepted during the course of the contractual relationship (Code of Civil Procedure, Art. 48). It does not preclude the application of mandatory rules of jurisdiction.