- INTRODUCTION
Decathlon UK Ltd (“Decathlon”) has developed a Platform offering, amongst other services, a matchmaking service between athletes and external Partners, whether individuals or professionals. The Platform allows the Partners to present the sports Activities they offer and Customers to book an online Activity from a Partner to the conditions defined by the latter.
- DEFINITIONS
2.1 The following words and expressions shall have the following meanings:
"Agreement" means the agreement between a Customer and a Partner via the Platform aimed at the provision of Activities by the Partner. Decathlon is a third party to the Agreement.
"Announcement" means the provision of the proposal of an Activity established by a Partner.
"Activity" or “Activities” means sport, leisure and recreational activities and facilities proposed by a Partner at a date and time determined by them, with the booking done through the Platform.
“Consent” means any freely given, specific, informed and unambiguous indication of an individual’s wishes by a statement or clear affirmative action signifying agreement to the processing of their personal data.
“Controller” means the natural or legal person which, alone or jointly with others, determines the purposes and means of the processing of personal data.
"Customer" means any individual person or company, who uses the Platform to perform the booking of an Activity.
“Consumer” has the same definitions as given in the Consumer Rights Act 2015.
“Data Protection Legislation” means all applicable data protection and privacy legislation in force from time to time in the United Kingdom including the UK GDPR, Data Protection Act 2018 (and regulations made thereunder), the Privacy and Electronic Communications Regulations 2003 as amended and all other legislation and regulatory requirements in force from time to time which apply to a party’s use of Personal Data.
“Partner” means any individual or company proposing, with a reasonable level of qualification and insurance, sports Activities for Customers.
“Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data.
"Platform" means activities.decathlon.co.uk, through which the Activities are presented by Partners and may be reserved.
“Processing” means any operation performed on personal data including but not limited to collection, recording, organisation, storage, alteration, disclosure and erasure.
"Reservation" means booking an Activity through the Platform by the Customer expressing desire to benefit from an Activity on the date and time of their choice and under the conditions proposed by the Partner in their announcement. The booking of an Activity materialises the conclusion of the Agreement.
“Requirements” has the same definition as given in clause 6.2 in these Terms and Conditions.
"Service" means the service provided by the Platform, including the dissemination of the ads of Partners, the booking service of Activities and towards exchange between Customers and Partners.
“Subject Rights Requests” the exercise by a data subject of their rights under the Data Protection Legislation.
"Terms and Conditions" refers to these terms and conditions between the User and Decathlon.
"User" means the Partner and/or the Customer who registered on the Platform in order to benefit from the service provided by Decathlon.
2.2 The headings to the clauses of these Terms and Conditions are for ease of reference only and shall be ignored in interpreting these Terms and Conditions.
2.3 The rule known as the ejusdem generis rule shall not apply and accordingly general words introduced by the word “other” shall not be given a restrictive meaning by reason of the fact that they are preceded by words indicating a particular class of acts, matters or things.
2.4 General words shall not be given a restrictive meaning by reason of the fact that they are followed by particular examples intended to be embraced by the general words.
2.5 References to “including” or “includes” shall mean “including, without limitation,” or “includes, without limitation,”.
2.6 Words denoting the singular number only shall include the plural and vice versa, reference to the masculine gender shall include the feminine gender and neuter gender and vice versa.
2.7 A reference to a person includes a reference to an individual, a firm, a body corporate, a partnership, a joint venture, an unincorporated body or association or any public body.
2.8 A reference to a “company” shall be construed so as to include any company, corporation or other body corporate, wherever and however incorporated or established.
- STATUS AND OBLIGATION OF DECATHLON
Decathlon is to promote and widen the use of sport, leisure and recreational activities and facilities. The purpose of the Platform is to permit the Customer, for non-commercial purposes, to make online reservations of sport, leisure and recreational activities and facilities with or without equipment rental and/or instruction with the Partner in accordance with these Terms and Conditions and prevailing laws. The User accepts and understands that Decathlon is not the provider of such Activities.
The role of Decathlon is strictly limited to permit the Customers, for non-commercial purposes, to make online reservations of the Activities with the Partners, and to permit the Partners to accept online reservations of the Activities from the Customers. Therefore, Decathlon is a third party to the Agreement, Decathlon is only providing the means to get in touch.
Decathlon can therefore not guarantee neither the qualification of the Partners, the supply of the Activities, the insurance of the Activities or the quality of the Activities. The Customers acknowledge that they will attend the Activity at their own risk.
- INCLUSION ON THE PLATFORM
4.1 Creating a User Account
To make an Activity booking, the User must create a user account by filling in the requested information accurately, including their full name and contact information.
4.2 User's Declaration
The Customer must act on their own behalf, unless they are a parent or a guardian acting on behalf of a minor who is at the age of 16 or below, and they must be an adult having the capacity to agree to these Terms and Conditions.
If the User is acting on behalf of a company, then they attest to being duly authorised to act for and on behalf of the company to make the reservation.
- NO PARTNERSHIP OR EMPLOYMENT
Nothing in these Terms and Conditions shall constitute or be deemed to constitute a partnership, joint venture, agency or employment relationship between Decathlon and the Partner and none of them shall have any authority to bind the other in any way.
- RELEASE AND BOOKING OF AN ACTIVITY, RATE AND PAYMENT OF ACTIVITIES
The Platform allows a User, once they have created their user account and depending on their role (Customer or Partner), to provide schedules, and to make and pay the booking of their choice and costs indicated in bookings.
6.1 Dissemination of the details of the Activities and the Partners
The Partner determines under their sole responsibility the details of the Activities they publish on the Platform.
They, therefore, undertake that such ads comply with these Terms and Conditions and the applicable regulations and in particular that they do not infringe the rights of third parties, nor have illegal content (including advocacy of crimes against humanity, incitement to racial hatred and violence, child pornography, offences to human dignity, discriminatory character content, defamatory or intrusive to privacy).
As such, the Partner agrees that the details of the Activity and the Partner have a clear and fair description of the offered Activity and the Partner who have made the offers, with all the information enabling the Customer to make an informed decision. To this end, the Partner agrees to indicate in the details of the Activity and the Partner, in a clear and comprehensible manner:
- The essential characteristics of Activities offered,
- The backgrounds of the Partners,
- The fees payable by the Customer to register,
- The rate of VAT,
- The date, time, and location of the Activity,
- The cancellation policy of the Activity, and
- The existence or absence of insurance or guarantees.
The Partner ensures that the information is complete, accurate, and they are not likely to mislead Customers into error on the Activity provided. In addition, the Partner ensures that they are authorised to provide any information disseminated via the Platform, including text, images, photographs, and that they hold all the rights, including IP rights, enabling them to disseminate such information. Decathlon will not accept any liability on this aspect.
The Partner undertakes to update their listings as regularly as necessary, particularly changes in prices and availability conditions.
Decathlon does not check the details of the Activity and the Partner, such as the accuracy of the information disseminated by the Partner (such as, for example, diplomas or experience).
However, if Decathlon is informed that the details of the Activity and the Partner published by the Partner do not meet the provisions in these Terms and Conditions, then it will keep the possibility to suspend the User account at its own discretion.
In any event, insofar Decathlon does not check the details of the Activities and the Partners placed online by the Partners and it is not a party to the Agreement, its liability cannot be sought in case of non-compliance by the Partner of the information obligation and the applicable regulations.
6.2 Booking an Activity
When the Customer has chosen an Activity, it is up to them to express their will to benefit by making their reservation on the Platform. To make a booking, the Customer must:
- Specify in particular the number of people being registered for the Activities (if the Customer makes a booking on behalf of minors) and the date and time of the Activity, within the possibilities offered by the Partner,
- Pay the Activity using one of the payment methods offered on the Platform as shown in clause 6.3, namely, "Price and Payment".
The booking will be considered as subject to the receipt by Decathlon of the payment of the Activity by the Customer.
Decathlon will send to the Customer an email confirming the booking. The details of the Activities reserved by the Customer will be available in their account, "My Bookings" tab. Decathlon will also send an email to the Partner informing them of the reservation and inviting them to update their availability on the Platform if necessary.
Decathlon recalls that its role is limited to the linking between the Customer and the Partner enabling the booking of Activities via the Platform. Decathlon, therefore, remains a third party to the Agreement. Hence, the responsibility for Decathlon cannot be sought for non-performance, total or partial, of the Activity booked by the Customer via the Platform. This is expressly agreed by the Users (Partners and Customers).
Every Activity offered on Activities.decathlon.co.uk will be subject to the specific Partner’s requirements (“Requirements”) – the Customer shall read these requirements to ensure suitability of Activity, venue, specific dress code or other important terms prior to making a booking.
6.3 Price and payment
The Activity must be fully paid by the Customer at the time of booking via the Platform, according to the means of payment available on the Platform.
- CANCELLATION OF AN ACTIVITY BOOKED
It is recalled that Decathlon is a third party to the Agreement. Decathlon is not responsible for the cancellation of an Activity by one or the other Users.
7.1 Cancellation by the Customer initiative
According to the requirements of providing the Partner Activity, the Customer may have the option to cancel the booking. Activity cancellation conditions are specified by the Partner as part of the presentation of the Activity on the Platform and are recalled to the Customer in the email confirmation of booking.
The cancellation, if possible, shall be done by the Customer via their account accessible via the Platform.
Under the conditions provided by the Partner, the cancellation may lead to repayment of all or part of the sums paid by the Customer under the reservation of which cancellation is sought. If necessary, the Partner shall inform Decathlon which may refund the Customer within a maximum of seven (7) days of the cancellation.
Notwithstanding anything to the contrary, under no circumstances shall the Customer be eligible to receive any refund if the cancellation is made [less than twenty-four (24) hours before the Activity].
7.2 Cancellation by the Partner initiative
The Partner can also cancel the Activity, particularly in cases where the necessary conditions to provide the Activity in optimum conditions are not met (eg, a minimum number of people required to complete the Activity is not reached, weather conditions prevent the realisation of the outdoor courts), or in case of force majeure. If applicable, the Partner will use their reasonable endeavours to inform the Customer at least forty-eight (48) hours before the scheduled time for the provision of the Activity. The Customer can then choose either the booking of Activity on another date than initially planned, or a refund by Decathlon sums it has paid under the cancelled booking.
- MEDICAL CONDITION AND HEALTH AND SAFETY
8.1 Health and safety
By accepting these Terms and Conditions, the Partner confirms that they have the relevant qualification to arrange an Activity and that they will personally guarantee the health and safety of the attending Customers according to UK regulations. The Partner confirms also that they are subscribed to a public liability insurance covering the Activities arranged, with a reasonable coverage level.
By booking an Activity, the Customer agrees to comply with the Agreement, the legal and regulatory requirements, the safety and hygiene instructions and to follow the Partner’s rules and instructions, in addition to these Terms and Conditions.
The Customer recognises that they will attend Activities organised by the Partner at their own risk and will not raise any claim against Decathlon due to an incident during the Activity with the Partner.
Decathlon reserves the right to request valid proof of identification from the User prior to the Activity.
8.2 Fitness conditions
The Customers shall be aware that certain sports involve a risk of serious injury. The Customers shall only engage in such Activities if they are physically and mentally prepared. The Customers take part in the Activities at their own risk. They confirm that they are fit to participate in the Activities. Decathlon accepts no responsibility or liability of any kind before, during or after the Activities. The Customers attending the Activities declares to the best of their knowledge that they know of no reason why they shall not participate in the Activities.
- SUPPLY OF ACTIVITY
9.1 General Principles
The Partner is to provide the Activities in the conditions referred to in the description of the Activities listed on the Platform on the day of booking. In particular, the Partner agrees not to charge additional fees to the Customers not included in the reservation.
Decathlon recalls that its role is limited to the linking between the Customer and the Partner enabling the booking of Activities via the Platform. Decathlon, therefore, remains a third party to the Agreement. Hence, the responsibility for Decathlon cannot be sought for non-performance, total or partial, of the Activity booked by the Customer via the interface. This is expressly agreed by the Users (Partners and Customers).
9.2 Litigation between a Customer and a Partner
The User agrees to inform Decathlon of any dispute with another User on an Activity booked via the Platform (including for example in the case of provision of Activities without prior cancellation).
It is recalled that Decathlon is a third party in the Agreement and that its responsibility can not be held as such.
- INTELLECTUAL PROPERTY
The User is informed that the content of the Platform is protected by the right to intellectual property and Decathlon owns the databases created via the Platform.
Therefore, the User agrees not to copy, reproduce or distribute any or all of the elements present on the Platform, in any form whatsoever, unless prior written consent is granted to them by Decathlon.
- PERSONAL DATA
The Partner and Decathlon agree to Process Personal Data received under and/or in connection with these Terms and Conditions each as a separate and independent Controller. As separate and independent Controllers, each party is individually and separately responsible for complying with the obligations that apply to Controllers under the Data Protection Legislation.
The following types of Personal Data will be sent by the Customer via the Platform to the Partner:
- Identity data (Customer’s first name, surname and age)
- Contact data (Customer’s email address and telephone number)
Special categories of Personal Data will not be shared between the parties (such as data concerning a natural person’s physical or mental health or condition).
The Partner agrees to Process Personal Data received from the Platform fairly, transparently, lawfully and exclusively for the purpose(s) under and in connection with these Terms and Conditions.
The Customer and Partner agree that the lawful basis for the Processing under these Terms and Conditions is Consent.
The Partner and Decathlon agree to provide such assistance as is reasonably required to enable the other party to comply with Subject Rights Requests within the time limits imposed by the Data Protection Legislation.
The Partner agrees not to retain or Process the Personal Data shared by the Customer through the Platform for longer than is necessary to carry out the agreed purpose(s) under these Terms and Conditions.
The Partner agrees to ensure that any Personal Data received under these Terms and Conditions are destroyed or deleted on termination of their involvement, on expiry of these Terms and Conditions and immediately after the respective purpose(s) has/have been fulfilled. Any further Processing of the Personal Data is not permitted except when legally required.
The Partner agrees to comply with its obligations to report any Personal Data Breach in line with the Data Protection Legislation and to inform Decathlon as soon as reasonably practicable.
In the event of a dispute, complaint or claim brought by a Customer concerning the processing of the Personal Data, the Partner and Decathlon will inform each other about any such disputes, complaints or claims, and will cooperate with a view to settling them amicably in a timely fashion.
For further information about the Processing of Personal Data by Decathlon, please refer to our Privacy Notice.
- SUSPENSION AND REMOVING A USER ACCOUNT
Decathlon reserves the right to suspend the account of a User in the following cases:
- Failure by the User to one of its obligations under these Terms and Conditions, especially in case of publication of a contrary Announcement to the conditions referred to in clause 6.1, namely, Dissemination of an Ad, and the Requirements.
- Any other situation where the User would not use the Platform according to its intended use.
Where appropriate, Decathlon informs the User by email asking them to remedy the breach. However, if the nature of the failure is such that the contract cannot be continued, then Decathlon will automatically terminate the contract and thus delete the User account immediately by sending an email.
- LIABILITY
13.1 Responsibility of Decathlon
In accordance with applicable regulations, Decathlon is automatically liable for obligations it undertakes.
Without prejudice to the generality of the foregoing in this clause 13.1, if the User is a Consumer, under no circumstances shall Decathlon be held liable for any (a) losses that were not foreseeable to the User and Decathlon when the contract was formed; (b) losses that were not caused by any breach on the part of Decathlon; and (c) business losses (including loss of profits, loss of earnings, loss of data, etc), and/or losses to non-consumers, whereas if the User is not a Consumer, Decathlon shall not be held liable for any direct, indirect, incidental, special or consequential losses.
Decathlon recalls that it is a third party to the Agreement and therefore cannot be responsible for any disputes concerning the provision of Activities, particularly in the following cases:
- Partner’s breach of duty of information regarding the description of the Activity,
- total or partial failure of the Activity,
- Poor quality of Activities,
- Accident at the opportunity of providing the Activity,
- Damage suffered by the User in connection with the provision of the Activity.
Nothing herein shall be construed as limiting or excluding either the User’s or Decathlon’s liability for (i) death or personal injury caused by Decathlon’s negligence; and/or (ii) Decathlon’s fraud or fraudulent misrepresentation.
13.2 User's responsibility
Users are solely responsible for any damage they would cause to third parties or Decathlon, its officers, directors, employees, and which result from a breach of contractual or legal obligations. The User agrees to meet with these people and inform Decathlon of all the harmful consequences of the breach, including complaints, action, questioned or put in accountability to any jurisdiction whatsoever.
- FORCE MAJEURE
Neither party can be held responsible for the delay or lack of performance of all or part of the contract due to force majeure.
However, the Users agree that the following events shall be deemed to constitute force majeure: stop the supply of power, failure and/or interruption of transmission networks including access to the Internet, failure and/or sabotage telecommunications means, acts of hacking, fire, lightning, flooding and other natural disasters, water damage, exceptionally bad weather, damage, epidemic, riot, war, civil war, insurrection, attack, explosion, vandalism, total strike or partial, outdoor lockout at Decathlon.
- MAINTENANCE
Decathlon reserves the right to suspend or limit access to all or part of the Platform, and thus discontinue providing the Service, for maintenance reasons. The User will be informed by a statement on the Platform.
- COMMUNICATION BETWEEN THE PARTIES
Unless otherwise provided in these Terms and Conditions, any correspondence or notification will be given by one party to the other party under the following conditions:
Decathlon:
By post: Decathlon UK Limited, Head Office, 9 Maritime Street, London, SE16 7FU
By email: [email protected]
User:
By post or email to the address they have filled when creating the User account. Any notice must be sent by registered letter with acknowledgement of receipt to the corresponding address.
- CLAIMS - DISPUTES
These Terms and Conditions are governed by the Law of England and Wales and both the User and Decathlon hereby irrevocably submit to the exclusive jurisdiction of the English and Welsh courts.