GENERAL CONDITIONS FOR THE SALE OF TICKETS FOR TRAVEL ON SKI LIFTS

Transcription

1 DJ/SB/ version novembre 2017 GENERAL CONDITIONS FOR THE SALE OF TICKETS FOR TRAVEL ON SKI LIFTS Société d Aménagement de la station de la Plagne (SAP La Plagne operating company) Public Limited Company with a share capital of 2,157, Registered at the Chambéry business registry under n Registered office: la Plagne LA PLAGNE TARENTAISE Postal address: BP 57 - La Plagne Aime la Plagne Cedex Intra-community VAT N : FR Tel N +33(0) info@ski-laplagne.com Operator of the la PLAGNE ski area, Professional liability insurance as required according to paragraph L220-1 of the Insurance Code, provided by Allianz IARD Entreprise - 1, cours Michelet- CS Paris La Défense FRANCE. Hereinafter referred to as the «Operator». Paragraph 1. GENERAL These general conditions apply to all tickets for travel on ski lifts (hereinafter referred to as the «Ticket(s)») sold by the Operator and granting access to the ski areas of la Plagne and Paradiski (area linked with the ski area of les Arcs/Peisey-Vallandry operated by the ADS company). These general conditions are applicable with effect from 28 November 2017 and are valid only for the winter season. The conditions of sale of Tickets valid in the summer season are set out in a separate document. If a situation arises that is not provided for in these conditions, it will be deemed to be governed by the practice in force in the ski lift sector and for companies having their registered office in France. The purchase of a Ticket implies familiarity with and acceptance of these general conditions in their entirety by the person purchasing the Tickets, hereinafter referred to as the «Client(s)»), without prejudice to the usual means of recourse. It is the Client s responsibility to make themselves aware of the Tickets and prices offered and to choose the most suitable one. The Operator cannot be held responsible for the Client s choice. The Ticket comprises a card on which a ticket for travel and proof of purchase are encrypted. The duration of the Ticket is in «consecutive days». The Operator also offers the Client a «Carré Neige» insurance policy to complement the purchase of the Ticket. This policy is subject to the insurance conditions which can be seen in the sales points or on line and can be downloaded from the web site or from the hypertext link on the Operator s web site ( PLEASE NOTE: A proof of purchase will be issued with each Ticket issued and will show the area and category (adult, child, etc.) of the ticket for travel, its last date of validity, its serial number and any insurance taken out. This proof of purchase must be retained by the Client, who must be able to show it to the Operator in the event of a ticket inspection and in support of any request (e.g.: rescue, loss or theft of the Ticket, polyvalence, claim). 1

2 Paragraph 2. TICKET CARDS All rechargeable cards issued by the Operator and in good working order can be recharged by Clients in the Operator s physical sales points, at sales and recharging terminals, on on «easy pass» tablets or on the «Paradiski Yuge» app. If the Client does not have a card, their Ticket will be encrypted on a new «rechargeable microchip card» known as a «ski card», with a unitary value of 1 (one Euro) inclusive of all taxes. There is no refund for the return of this. It is rechargeable and re-usable one or more times, with a limit of 5 (five) winter seasons. «Pedestrian» Tickets are issued on free, disposable cards. Paragraph 3. CLIENT S PHOTOGRAPH The sale of any «season» type Ticket is subject to the provision of a recent identity photograph of the Client, fullface and without sunglasses or head dress. This photograph will be retained by the Operator in its digital ticketing system to facilitate any recharges or reissues of the Ticket, unless the Client objects (V. below «Protection of data of a personal nature»). Paragraph 4. PRICES AND MEANS OF PAYMENT 4.1. PRICES The public prices of tickets for travel, the «ski-card» and the Carré Neige insurance are displayed in the Operator s sales points and on the web site Price guides are also available in the sales points and tourist offices. These prices are expressed in Euros and include all taxes: they are based on taxes in force and are liable to be amended in the event of the applicable taxes being altered. Reductions and free passes are offered in accordance with the conditions displayed in the sales points and on the web site. In sales points, reductions or free passes are granted on presentation in the sales points, at the time of purchase, of official documentary proof of entitlement to the said price advantages. Photocopies of the documentary proof will not be accepted. No reduction or free pass will be granted after purchase. In all cases, the Client s age to be considered will be that on the first day of validity of the Ticket to be issued MEANS OF PAYMENT All issues of a Ticket require payment of the corresponding price. These payments are effected in Euros, either by cheque drawn on a bank account in France and in favour of the Operator, in cash up to the legal tender limit (v. paragraphs L112-6 and D112-3 of the monetary and financial code), or by bank card accepted by the Operator (CB, Visa, Mastercard), or by ANCV holiday cheques. For any payment by cheque, proof of identity is required. 2

3 PARAGRAPH 5. TERMS OF USE OF SALES TERMINALS The Tickets mentioned on the sales terminals may be purchased or recharged on the said terminals which are available to Clients in some sales points. Payment may only be made by bank card via an automatic payment terminal. Paragraph 6. INTERRUPTION IN THE OPERATION OF THE SKI LIFTS 6.1. If the Client opts for a «daily» Ticket The Client may benefit from discounted prices on the «daily» Ticket offered by the Operator in the event of unfavourable weather or snow conditions which have a significant impact on the opening of the ski lifts. (= «bad weather» prices) 6.2. If the Client opts for a «holiday» Ticket (= 2 days or more, excluding «season» Tickets or Tickets for non-consecutive days) Only an interruption of more than half a day and of more than 50% (fifty per cent) of the ski lifts open in the period during which the interruption occurs and to which the Ticket gives access, and excluding cases of force majeure, may entitle the holder of a holiday Ticket (excluding season Tickets or Tickets for non-consecutive days) to compensation for the loss sustained. In such cases, a compensation request form may be obtained from reception or one of the Operator s sales points and is also available on line on://ticketoski.fr/fr/la-plagne Only tickets purchased and paid for directly by the Client from the Operator will entitle the client to compensation. The compensation is calculated according to the number of days during which the Client was unable to use their Ticket as a result of the interruption to the service: the last day taken into consideration being in any case the date on which the validity of the Ticket concerned expires. The Client may choose to receive their compensation in one of the following forms (this choice is irrevocable and cannot be challenged for any reason whatsoever): 1. Immediate extension of the duration of validity of the Ticket concerned by the issue of a new Ticket (which runs from the day after the expiry date of the original Ticket, or the first day of the resumption of the service if that falls after the expiry date); 2. A credit note to be used before the end of the winter season following the current season (N+1). This credit note is non-transferable, personal and cannot be sold or gifted. The credit note will be for an amount calculated pro-rata to the number of days of interruption to the ski lifts. 3. Deferred refund calculated pro-rata to the number of days of interruption to the ski lifts. (By way of example: for a stoppage of more than fifty percent of the lifts as defined above for 3 (three) days, a Client holding a 6 (six)-day Ticket will be refunded 3/6 ths of the purchase price of their Ticket). No compensation will be awarded after the expiry date of the Ticket concerned. The Client will not be able to claim any sum or facility exceeding the compensation chosen. The compensation form, accompanied by documentary proof (copy of the Ticket of proof of purchase), must be submitted or forwarded to the Operator according to the terms outlined in paragraph 8. 3

4 The compensation will be paid no later than 2 (two) months following receipt of the items pertaining to the compensation request. NB: This compensation procedure does not apply during the first or last two weeks of the winter season, given that specific prices are applied by the Operator during these periods. Paragraph 7. REFUND In cases where the tickets issued are neither used or completely exhausted, no refunds or exchanges will be made other than those provided for in paragraph 6 above. Tickets for non-consecutive days must be used up during the current winter season. Beyond this date, they cannot be used unless they are refunded or extended. It is possible to cover this type of risk by specific insurance, which also covers the cost of rescue on the ski pistes or ski lifts. Full details can be requested in sales points. Paragraph 8. CLAIMS All claims must be forwarded to the Operator within 2 (two) months following the event for which the said claim is being made, without prejudice to the legal means and timescales for recourse to mediation or to initiate legal proceedings as defined in paragraph 11. All claims must be sent to the following address: SAP- Service Relation Clientele- BP 57 La Plagne AIME LA PLAGNE Cedex or via the internet to the address Paragraph 9. INTELLECTUAL PROPERTY The Client does not obtain any right of ownership or usage and may not use the Operator s designations, signs, emblems, logos, brands, copyright or other signs or other rights of literary, artistic or industrial property. Paragraph 10. PROTECTION OF DATA OF A PERSONAL NATURE The personal data gathered at the time of the sale of Tickets is subject to processing relating to the management of the order and the issue of Tickets. This processing is based on the completion of the sales contract to which you are a party. All the information requested by the Operator for the issue of the Ticket is mandatory. If one or more pieces of information are missing, it will not be possible to issue the Ticket. Certain data (postal address, , tel n ) may also be requested for marketing purposes by the Operator and, with your consent, its business partners. The SAP company, represented by Monsieur Jean-Yves SALLE, acting in his capacity of Managing Director and whose contact details are shown in the legal notices, is responsible for the processing. The data gathered are destined for the SAP company and its business partners in the case of the aforementioned marketing. The data gathered are retained for: 4

5 - Data establishing proof of a contract to which you are a party: for five years with effect from their collection if the amount of the order is less than 120, or ten years if the amount of the order placed on line is equal to or more than Data gathered for marketing purposes : for three years with effect from their collection At the end of this period, the data will be deleted. By exception, data gathered for marketing purposes is retained for a further period of three years if you agree to continue to receive offers from the SAP company. You have the right to access data which concerns you, to correct or delete it, transfer it or have it transferred to a third party, to limit or object to the processing. You can activate these rights by contacting the SAP company: Service Marketing Vente- BP 57- La Plagne AIME LA PLAGNE Cedex. You have the right to make a claim to the CNIL if you believe that your rights are not being respected. The contact details for the CNIL are available on the web site In compliance with paragraph 90 of decree n of 20 October 2005, any person may receive the information in this paragraph in written form on simple verbal or written request to the service mentioned above. Finally, Clients are reminded that they may add their names free of charge to the list of those not wishing to receive marketing telephone calls in order to no longer receive such calls from a business with whom there is not a current contractual relationship in accordance with paragraph L of the Consumers Code. ( Article 10. TRANSLATION-LAW APPLICABLE-SETTLEMENT OF DISPUTES In the case where these specific conditions have been produced in several languages, it is expressly intended that the French version of these specific conditions is the only version to be valid. Consequently, and in the event of difficulty in the interpretation/application of any one of the provisions of these specific conditions, it is the French version that should be expressly and exclusively referred to. These specific conditions are subject to French law in respect of their interpretation and application. In accordance with the provisions of paragraph L of the Consumers Code, should a difference arise relating to the validity, interpretation or execution of these conditions, the Client may have recourse to a free contractual mediation process or any alternative means of resolving disputes. The Client is informed of the option of recourse to a mediation process with the Médiateur du Tourisme et du Voyage (Tourism and Travel ombudsman) according to the terms set out on the web site (MTV Médiation Tourisme Voyage - BP Paris Cedex 17) and this within a maximum delay of 1 (one) year with effect from the written claim made to the Operator. They may also have recourse to a European platform for the settlement of disputes, accessible on the internet at the following address: Failing an amicable settlement, the Client may apply to either one of the appropriate territorial jurisdictions by virtue of the code of civil process, or the jurisdiction in their place of residence at the time the contract was concluded or the occurrence of the event giving rise to the dispute (Paragraph R of the Consumers Code). 5

6 GENERAL CONDITIONS FOR THE USE OF TICKETS FOR TRAVEL ON SKI LIFTS Public Limited Company with a share capital of 2,157, Registered at the Chambéry business registry under n Registered office: la Plagne LA PLAGNE TARENTAISE Postal address: BP 57 - La Plagne Aime la Plagne Cedex Intra-community VAT N : FR Tel N +33(0) info@ski-laplagne.com Operator of the la PLAGNE ski area, Professional liability insurance as required according to paragraph L220-1 of the Insurance Code, provided by Allianz IARD Entreprise - 1, cours Michelet- CS Paris La Défense FRANCE. Hereinafter referred to as the «Operator». Paragraph 1. GENERAL These general conditions are applicable with effect from 28 November 2017 and are valid only for the winter season. The conditions of sale of Tickets valid in the summer season are set out in a separate document. If a situation arises that is not provided for in these conditions, it will be deemed to be governed by the practice in force in the ski lift sector and for companies having their registered office in France. The purchase of a Ticket implies familiarity with and acceptance of these general conditions in their entirety by the person purchasing the Tickets, hereinafter referred to as the «Client(s)»), without prejudice to the usual means of recourse. PLEASE NOTE: A proof of purchase will be issued with each Ticket issued and will show the area and category (adult, child, etc.) of the ticket for travel, its last date of validity, its serial number and any insurance taken out. This proof of purchase must be retained by the Client, who must be able to show it to the Operator in the event of a ticket inspection and in support of any request (e.g.: loss or theft of the Ticket, rescue, polyvalence, claim) made to the Operator or the ADS company as appropriate. The Ticket is strictly personal, cannot be sold or gifted and cannot be transferred, except in the case of the Ticket corresponding to the shortest period on the price list. Accordingly, it is the User s responsibility to keep the ticket in such a way as to prevent its use by a third party. 6

7 Paragraph 2. TICKET INSPECTION Every Ticket may be used for a pre-determined period of validity and age category. Information concerning the validity of the Ticket and written on the card has no contractual value. Only the information held on the micro-chip card is valid. During its period of validity, each Ticket grants the right to unrestricted movement on the ski lifts in the ski area for which it is issued, with no priority of any sort whatsoever. The Ticket s area of validity is marked on the piste map for the season concerned and during the opening periods of the ski lifts, displayed in the Operator s sales points and/or at the bottom of the lifts subject to weather and snow conditions. The Ticket (accompanied by the proof of purchase) must be retained by the User throughout the journey made on each ski lift, from the departure zone to the arrival zone, in order to be able to be detected by the automatic ticket inspection system or to be shown to any of the Operator s or the ADS Company s accredited inspectors with the right to request it. The absence of a Ticket, the use of an invalid Ticket or non-compliance with the regulations displayed at the bottom of the ski lifts, observed by one of the Operator s or the ADS Company s accredited inspectors will result in: Either the payment of a fixed penalty in lieu of public action. This fixed penalty may reach 5 (five) times the value of a daily ticket for travel, increased where appropriate by administrative costs, in accordance with the applicable regulations (Paragraphs L342-15, R and R of the Tourist Code and paragraphs and those which follow of the criminal procedure code); Or prosecution. The accredited inspectors may request to see all items justifying price advantages granted to the User holding a reduced price or free Ticket. If the offender refuses or is unable to prove their identity, the accredited inspector will immediately report the matter to a police officer or gendarme with local jurisdiction who may order the offender to be brought before them immediately. The accredited inspectors may also withdraw the Ticket immediately to return it to its true owner. Personal data gathered during a ticket inspection will be subject to processing relating to pursuing the offences revealed under public transport regulations. Processing is carried out under the responsibility of the SAP company represented by Monsieur Jean-Yves SALLE, acting in his capacity as Managing Director and whose contact details are shown in the legal notices. The data gathered is destined for the SAP company. You have the right to access the data which concerns you, to correct, delete or transfer it, transfer it to a third party, limit the processing or object to the processing. You can activate these rights by contacting the SAP company: Service Contrôle des Titres- BP 57- Plagne Centre Aime la Plagne Cedex. Finally, you have the right to submit a claim to the CNIL if you believe that your rights are not being respected. The contact details of the CNIL are available on the web site 7

8 In compliance with paragraph 90 of the decree n of 20 October 2005, any person may receive the information in this paragraph in written form on simple verbal or written request to the afore-mentioned department. Paragraph 3. DEFECTIVE TICKET CARDS Instructions for use: it is recommended that you keep the card in a pocket on your left-hand side, without any other metal or electronic item. The card must not be folded or pierced or placed near a source of heat. Should the «ski-card» malfunction or suffer technical failure (during the course of five winter seasons), the Operator who issued the original ticket will, at their expense, replace the card against and with effect from the return of the latter to one of the Operator s sales points. However, if after verification, the defect to the card is attributable to the User (e.g.: non-compliance with the instructions for use), the Operator will invoice the latter with the cost of processing provided for in paragraph 4. Should the defective card have been issued by the ADS company, this request cannot be handled by the Operator. The User must submit their request to ADS in compliance with the General Conditions of Use of Tickets drawn up by the latter. Paragraph 4. LOSS OR THEFT OF TICKETS The provisions below apply exclusively to Tickets issued by the operator. If the lost or stolen Ticket was issued by the ADS company, this request cannot be handled by the Operator. The User must submit their request to ADS in compliance with the General Conditions of Use of Tickets drawn up by the latter. In the case of the loss or theft of a Ticket with a residual validity of 4 (four) or more hours, the User may obtain a duplicate from the Operator subject to fulfilling the following conditions: 4.1. Reporting a loss and information to be supplied Case n 1: When the User purchased and paid for their Ticket directly in a sales point (including a terminal) or on the Operator s on-line sales web site ( They must supply the proof of purchase (receipt issued by the Operator at the time ticket was purchased in the case of a payment in the resort or a copy of the confirmation of the on-line order), in support of their request for a duplicate. Case n 2 When the User purchased their ticket from a distributor (e.g.: accommodation provider or Tour Operator) They must provide the Operator with the WTP number which is shown on the Ticket card. If the User does not have the proof of purchased issued by the Operator, they must note and retain this number as soon as their Ticket is issued by the distributor. The User must then report the loss in one of the Operator s sales points providing: The serial number (displayed on the proof of purchase in Case n 1) or the WTP number (displayed on the card in Case n 2); dates and duration of validity of the lost or stolen ticket. 8

9 4.2. Processing costs To obtain the issue of a duplicate, the User must pay the processing costs, the amount of which is displayed in the Operator s sales points Issue of a duplicate Any Ticket which has been reported lost to the Operator will be de-activated by the latter and will no longer grant access to the ski area. Subject to verification of usage, the same day that the loss/theft is reported in one of the Operator s sales points before their closing time, the User may collect a duplicate (for the remaining duration of the Ticket) from the same sales point. PLEASE NOTE: No duplicate will be issued for any Ticket reported lost or stolen with a remaining duration of less than 4 (four) hours whatever card is used. The same will apply to other Tickets where the User is unable to supply the information required for the issue of a duplicate (v. paragraph 4.1 above), and the User will have no recourse against the Operator. Paragraph 5. COMPLIANCE WITH SAFETY REGULATIONS All Users are required to comply with the safety regulations relating to travel on ski lifts, notably the regulations displayed at the bottom of the lifts, the pictograms which complement then, and any instructions given by the Operator s staff. Sanctions will be applied in the event of non-compliance. The same applies to compliance with the by-laws relating to safety on the ski pistes and the User is advised to note the «Ten Commandments for the good behaviour on the pistes» produced by the Fédération Internationale de Ski (FIS). The Operator reserves the option to withdraw the benefit of the Ticket from any User who ignores these rules and, more generally, who jeopardises the safety of other users or of the Operator s employees, or who deliberately damage the Operator s installations. Paragraph 6. PROTECTION OF DATA OF A PERSONAL NATURE The personal data gathered as users travel on the lifts is subject to processing relating to the management of access to the ski lifts and Ticket inspections. This processing is based on the execution of the travel contract to which you are a party. Processing is carried out under the responsibility of the SAP company, represented by Monsieur Jean-Yves SALLE, acting in his capacity as Managing Director and whose contact details are shown in the legal notices. The data gathered is destined for the SAP company and where applicable the ADS company, as operator of the connected ski area. You have the right to access data which concerns you, correct or delete it, transfer it or transfer it to a third party and to limit or object to the processing. You may activate these rights by contacting the SAP company: Service Marketing Vente- BP 57- Plagne Centre Aime la Plagne Cedex. 9

10 In addition, when the piste rescue patrols come to the aid of a User, data of a personal nature is gathered by the latter to enable them to give assistance and to invoice the rescue costs. This data is destined for the Operator and the public body responsible for collecting the rescue costs only. You can activate your rights as outlined above by contacting the SAP company: Service de la sécurité des pistes- BP 57- Plagne Centre Aime la Plagne Cedex. Finally, you have the right to submit a claim to the CNIL if you believe that your rights are not being respected. The contact details of the CNIL are available on the web site In compliance with paragraph 90 of the decree n of 20 October 2005, any person may receive the information in this paragraph in written form on simple verbal or written request to the afore-mentioned department. Paragraph 7. CO 2 INFORMATION REGARDING THE TRANSPORT FACILILTIES In compliance with paragraphs L and D to of the Transport Code, the Operator displays below the CO²e information relating to the ski lift transport facilities: The CO²e generated by travel using a 1-day La Plagne Ticket is g CO²e, equivalent to a car journey of 0.22 km; The CO²e generated by travel using a 1-day Paradiski Ticket is 27.5 g CO²e, equivalent to a car journey of 0.20 km; The CO²e generated by travel using a 6-day La Plagne Ticket is 182 g CO²e, equivalent to a car journey of 1.32 km; The CO²e generated by travel using a 6-day Paradiski Ticket is 165 g CO²e, equivalent to a car journey of 1.20 km. Basis of calculation: 6g CO²e/kwh/ 100% renewable energy / diesel car 140g/km (class C, current average) For all further information, please contact - Service QSE - BP 57 - Plagne Centre Aime la Plagne Cedex. Paragraph 8. TRANSLATION-LAW APPLICABLE-SETTLEMENT OF DISPUTES In the case where these specific conditions have been produced in several languages, it is expressly intended that the French version of these specific conditions is the only version to be valid. Consequently, and in the event of difficulty in the interpretation/application of any one of the provisions of these specific conditions, it is recommended that the French version is expressly and exclusively referred to. These specific conditions are subject to French law in respect of their interpretation and application. In accordance with the provisions of paragraph L of the Consumers Code, should a difference arise relating to the validity, interpretation or execution of these conditions, the Client may have recourse to a free contractual mediation process or any alternative means of resolving disputes. The Client is informed of the option of recourse to a mediation process with the Médiateur du Tourisme et du Voyage (Tourism and Travel ombudsman) according to the terms set out on the web site (MTV Médiation Tourisme Voyage - BP Paris Cedex 17) and this within a maximum delay of 1 (one) year with effect from the written claim made to the Operator. They may also have recourse to a European platform for the settlement of disputes, accessible on the internet at the following address: 10

11 Failing an amicable settlement, the Client may apply either to one of the appropriate territorial jurisdictions by virtue of the code of civil process, or the jurisdiction in their place of residence at the time the contract was concluded or the occurrence of the event giving rise to the dispute (Paragraph R of the Consumers Code). 11

12 SPECIFIC CONDITIONS FOR THE ON-LINE SALE OF TICKETS FOR TRAVEL ON SKI LIFTS SAP (Société d Aménagement de la station de la Plagne the resort of la Plagne operating company) Public Limited Company with a share capital of 2,157, Registered office: La Plagne LA PLAGNE TARENTAISE Postal address: BP 57 - La Plagne Aime la Plagne Cedex, FRANCE Registered at the Chambery business registry under n Intra-community VAT N : FR Tel N : +33(0) info@ski-laplagne.com Fax N : +33(0) Operator of the LA PLAGNE ski area, Professional liability insurance as required according to paragraph L220-1 of the Insurance Code, provided by Allianz IARD Entreprise - 1, cours Michelet- CS Paris La Défense FRANCE. Hereinafter referred to as «the Operator». Paragraph 1. GENERAL These conditions come into force with effect from 28 November The confirmation of an order placed on line (either on the Operator s on-line sales page at the address (hereinafter the «Web Site»), on the «easy pass» touch-screen tablets or on the «Paradiski Yuge» mobile app implies that the person(s) placing the order (hereinafter referred to as the «Client(s)»), accepts and agrees to be bound by these specific conditions for on-line sales. If a situation arises that is not covered by these conditions, it will be deemed to be governed by the practice in force in the on-line sales sector for companies with their registered office in France. These conditions complement the «General Conditions of Sale and the General Conditions for Use of tickets for travel on ski lifts» (hereinafter referred to as the «Ticket(s)») displayed in all sales points and on line. These conditions concern exclusively private individuals and not traders. These conditions are available in their entirety to Clients, who may download and print them. Contractual information is shown in the French language. Paragraph 2. PRODUCTS OFFERED On-line sales enable the Client to purchase a «ski-card» (Reminder: price of card = 1 inclusive of all taxes) and/or to record or recharge a travel ticket on that card. These are so-called «hands free», tickets issued on rechargeable «microchip cards» via the Web Site or through the «Paradiski Yuge» app enabling the user to release the turnstiles at the access points to the ski lifts. «Easy pass» tablets are available to Clients in some sales points and only allow the cards mentioned on the tablets to be recharged. The «Paradiski Yuge» app also allows only certain pre-defined Tickets to be recharged. In these two cases, Clients must already be in possession of a «ski card» to benefit from this service. 12

13 The list of characteristics of the various Tickets available for purchase and/or recharge (geographic area, duration of validity ) are shown on the price list of each sales outlet and can be viewed on the Web Site, tablet or «Paradiski Yuge» app). All Tickets remain available in the Operator s physical sales points. Reminder: The Ticket comprises a card on which the travel ticket is encrypted and a proof of purchase sent by when the purchase or recharge is effected on line. NB: to benefit from the «loss or theft of Tickets» procedure defined in paragraph 4 of the General Conditions of Use of Tickets, the client must provide the Operator with this proof of purchase. The different characteristics of the Tickets offered for sale (geographic area, duration of validity ) are shown in the price list which can be viewed on the afore-mentioned Web Site. Paragraph 3. TERMS OF ON-LINE ORDERS The order can only be recorded on the Web Site if the Client clearly identifies themselves : Either by entering their access code (user name+ password) which is strictly personal to them; Or by completing the on-line form to enable their access code to be issued to them. In the case of tablets, the Client may complete their order by entering only their address (without creating a client account). In the case of the «Paradiski Yuge» app, the Client must first create a client account. The Client can verify the details of the order and the total price and correct any errors before confirming the order and accepting the details definitively. (paragraph of the Civil Code) To complete the order, the Client must read and accept these conditions and the General Conditions of Sale (CGV) and the General Conditions of Use (CGU) of Tickets and proceed to payment in accordance with the terms provided for in paragraph 4. The Operator will confirm the Client s order to them by . This will include a summary of all the products the order of which will have been confirmed by the Client and will include the proof of purchase cited in paragraph 2. Except in the case of on-line recharging cited in paragraph 7 or the issue of Tickets from purchase terminals (v. paragraph 6), complete on-line orders (payment, photographs and documentary evidence provide as appropriate) must be concluded on the Web Site no later than the tenth day before the first day of validity of the Ticket, so that the Client may receive their Tickets at their home address. If this timescale is not adhered to, the Client will not be able to receive their order at their home address. However, on-line orders may be completed (payment, documentary evidence and photographs as appropriate) on the Web Site up until the day before the first day of validity of the Ticket. In this case, the Client must collect their Tickets from a sales point chosen at the time the order is placed, taking account of the opening hours, available on Any order constitutes acceptance of the description of the services and prices. 13

14 Paragraph 4. PRICES and MEANS OF PAYMENT 4.1. General The prices shown are in Euros and inclusive of all taxes taking account of the rate of VAT applicable on the day of the order. It is specified that delivery costs are met by the Operator. The cost of the on-line order is payable at the time the order is placed, unless the Client opts to pay in three instalments without fees during the time shown and in accordance with the terms specified in paragraph 4.2 below. Payments must be made in Euros remotely by bank card. Payment by bank card is made through secure on-line payment systems (Lyra Network/ Payzen for the Web Site and the «Paradiski Yuge» app, MPos for «easy pass» tablets), which guarantee the confidentiality of payments. Payment is made in a virtual payment terminal with instant payment. At no time is the Operator aware of the numbers that the Client is required to provide. The Operator is only notified by the bank that a transfer corresponding to the amount of the order has been made to their account Payment in three instalments without fees (offer valid until 30/11/2017): exclusively via the Web Site In the case of purchases made before 30 November 2017 of one or more Ticket(s) for a minimum total of 500 inclusive of all taxes, the Client (adults only) may pay for their purchase in three instalments without fees. To this end, the corresponding option must be selected during the ordering process. Half of the price of the order is debited at the time of the said order. The second debit of a quarter of the price is made one month later to the bank card the number of which the Client supplied at the time of the order. The balance is debited one month after the second payment to the same bank card. Example: for an order of a total amount of including all taxes on 10/11/17, a first payment of is taken on 10/11/17, the second payment of on 10/12/17 and the third of on 10/01/18. Annual Overall Effective Rate (UK=APR) fixed: 0%. Total amount due: To do this, the Client undertakes to provide information relating to their own bank card on the PayZen (secure web site) platform. The Client expressly undertakes that their bank card will be valid until the last of the payments mentioned above and that each scheduled payment is below the limit authorised by their bank. For any order placed with effect from 1 st December 2017, the payment will be made exclusively in one amount at the time of the purchase (see provisions of paragraph 4.1 above). Paragraph 5. ACKNOWLEDGEMENT OF RECEIPT OF THE ORDER BY THE OPERATOR 5.1. Payment at the time of the order Orders with payment by bank card and confirmed will be subject to the agreement of the bank. The bank s refusal to debit the client s account will result in the cancellation of the order. 14

15 Once the order has been concluded on line and confirmed by the Client, the Operator will acknowledge receipt of the order by , which will constitute the proof of purchase cited in paragraph 2 and which will include a summary of the order Payment in 3 (three) instalments without fees (offer valid until 30/11/2017): exclusively via the Web Site Orders with payment by bank card and confirmed will be subject to the agreement of the Client s bank for half of the total amount of the order inclusive of all taxes at the time the said order is placed. The bank s refusal to authorise the debit to the client s bank account with half of the amount of the aforementioned order will result in the cancellation of the order. Once the order has been concluded on line and confirmed by the Client, the Operator will acknowledge receipt of the order by , which will constitute confirmation of the order and the proof of purchase cited in paragraph 2 and which will include a summary of the order. Reservation clause: In the case of payment in three (3) instalments without fees, the Tickets will remain the property of the Operator until full payment of their price, but the Client becomes responsible for them with effect from their material delivery. In the event of a default in payment of the second or third instalments, the total amount of the corresponding order will become payable immediately. In the event of non-payment of the said amount, the Operator reserves the right to invoke the reservation clause (v. above) to obtain the return of the Tickets. Paragraph 6. DELIVERY OF THE ORDER Except in the case of recharge on line referred to in paragraph 7, the Client having ordered on the Web Site has the choice: Either to have the order delivered to their home address provided by the Client for this purpose. Except in the case of force majeure, the Operator undertakes to deliver the Tickets by post no later than 7 (seven) days before the first day of validity (the postmark serving as proof of posting). or to collect the Tickets in one of the Operator s sales points chosen by the Client, on the first day of validity of the said Tickets, taking account of the opening hours of that sales point. or to collect the Tickets from a purchase terminal from the confirmation of their order taking account of the opening hours of the sales points with these devices (v. list on the Web Site), and subject to the Client providing the order number or the QR Code on the confirming the order mentioned in paragraph 3. The copy of the proof of purchase (the acknowledgement of receipt by ) will be required as well as a current official identity document or the Tickets ordered will not be issued. The order will then be sent to the client. Paragraph 7. SPECIFICITIES OF RECHARGING ON LINE 15

16 A «ski-card» may be recharged according to the products offered on line by the Operator, no later than 15 (fifteen) minutes before the start of the validity of the chosen Ticket. Payment is made remotely by bank card. Acknowledgement of receipt of the order will be sent by the Operator to the Client, who must retain this proof of purchase, notably in case of a ticket inspection when boarding the ski lifts. The Ticket will be recharged automatically the first time the Client passes through the hands free access terminals. Paragraph 8. ABSENCE OF THE RIGHT OF RETRACTATION In accordance with paragraph L of the Consumers Code, the sale of Tickets is not subject to the application of the right of retraction provided for in paragraph L and those which follow of the Consumers Code covering remote sales. Paragraph 9. AMENDMENT -CANCELLATION OF THE ORDER Once the order for a Ticket has been confirmed by the Client, the Ticket cannot be amended. However, the Ticket order may be cancelled without charge on simple request by ventes@skilaplagne.com up to 48 hours before the first day of the Ticket s validity. After 48 hours before the start of the ticket s validity, no cancellation request will be accepted by the Operator This request must include the reference number of the order and the date of the order as shown on the proof of purchase referred to in paragraph 2 as well as the Client s name and address. The Operator undertakes to cancel the order and to refund the Client with the full amount of the order, by recrediting their bank card, within 15 (fifteen) days of the cancellation request. N.B.: This cancellation is only possible if the Tickets concerned have not been used, even partially. Paragraph 10. MONITORING THE ORDER For all further information, the Operator s On-line Sales Department is at the Client s disposal: Tel: +33(0) Postal address: BP 57 La Plagne Aime la Plagne Cedex ventes@ski-laplagne.com Paragraph 11. RESPONSIBILITY The Operator is responsible for fulfilling their obligations deriving from the contract concluded on line, whether these obligations are to be fulfilled by themselves or by other providers, without prejudice to their right of recourse against the latter. However, the Operator may be exempted from all or part of their responsibility by providing proof that the non-fulfilment or the poor execution of the contract is attributable either to the consumer or to an unforeseeable and insurmountable action by a third party to the contract, or a case of force majeure. (Para. L Consumers Code) PARAGRAPH 12. CANCELLATION FOR LATE ON NON-DELIVERY Except in the case of force majeure as defined by paragraph 1218 of the Civil Code, in the case of failure by the Operator in their obligation to provide the facilities on the date or within the time scale indicated to the Client or, failing that, no later than 30 (thirty) days after the conclusion of the contract, the Client may cancel the contract by registered letter with request for acknowledgement of receipt or in writing in another lasting form, if after having enjoined the Operator, by the same means, to provide the facilities within a suitable additional delay, the latter 16

17 has not fulfilled their obligations within this time. The contract is deemed to have been cancelled on receipt by the Operator of the letter or written notice informing them of this cancellation, unless the Operator has fulfilled their obligations in the meantime. The Client may immediately cancel the contract when the Operator refuses to provide the facilities or when they do not fulfil their obligations to provide the facilities on the date or within the time indicated to the Client and where this date or timescale constitutes for the Client an essential condition resulting from the circumstances surrounding the conclusion of the contract (Paragraph L216-2 of the Consumers Code). Paragraph 13. PROOF, RETENTION AND STORAGE The provision on line of the bank card number and generally the final confirmation of the order by the Client constitutes proof of the entire transaction in accordance with paragraph 1367 of the Civil Code as well as the requirement for payment. This confirmation has the value of the signature and express acceptance of all the transactions on the on-line sales page. The Client must retain the proof of purchase, only this document serving as proof in the event of a dispute over the terms of the order, notably in the event of a ticket inspection on the ski lifts. In accordance with paragraph L213-1 of the Consumers Code, for any order placed on line for an amount at least equal to 120, the Operator is responsible for retaining the written detail of the Client s order, for a period of ten years with effect from the date of the provision of the corresponding facility and will guarantee the client access to it at any time during this same period on simple request from the latter. Paragraph 14. INTELLECTUL PROPERTY All elements of the Web Site, the «Paradiski Yuge» app and the «easy pass» tablets, which belong to the Operator, remain the latter s intellectual property. All reproduction of the said elements or simple link by hypertext is strictly forbidden, except where express prior permission has been granted by the Operator. Paragraph 15. PROTECTION OF DATA OF A PERSONAL NATURE All bank details requested from the Client when placing the order are protected by an encryption process, certified SSL 128. The processing of personal details collected at the time of the on-line sale is regularly declared to the CNIL. The information provided by the Clients enable the Operator to process and execute the orders placed. The Operator provides the Client with information on the processing the data and their rights via on-line forms. In the event of a change to their contact details, their address or any other, Clients must update their personal details by connecting to their personal space on line. Paragraph 16. TRANSLATION-LAW APPLICABLE-SETTLEMENT OF DISPUTES In the case where these specific conditions have been produced in several languages, it is expressly intended that the French version of these specific conditions is the only version to be valid. Consequently, and in the event 17

18 of difficulty in the interpretation/application of any one of the provisions of these specific conditions, it is recommended that the French version is expressly and exclusively referred to. These specific conditions are subject to French law in respect of their interpretation and application. In accordance with the provisions of paragraph L of the Consumers Code, should a difference arise relating to the validity, interpretation or execution of these conditions, the Client may have recourse to a free contractual mediation process or any alternative means of resolving disputes. The Client is informed of the option of recourse to a mediation process with the Médiateur du Tourisme et du Voyage (Tourism and Travel ombudsman) according to the terms set out on the web site (MTV Médiation Tourisme Voyage - BP Paris Cedex 17) and this within a maximum delay of 1 (one) year with effect from the written claim made to the Operator. They may also have recourse to a European platform for the settlement of disputes, accessible on the internet at the following address: Failing an amicable settlement, the Client may apply to either one of the appropriate territorial jurisdictions by virtue of the code of civil process, or the jurisdiction in their place of residence at the time the contract was concluded or the occurrence of the event giving rise to the dispute (Paragraph R of the Consumers Code). 18