GENERAL CONDITIONS OF USE OF TICKETS FOR TRANSPORT ON SKI LIFTS

Transcription

1 GENERAL CONDITIONS OF USE OF TICKETS FOR TRANSPORT ON SKI LIFTS Société ADS Public Limited Company with a share capital of 17,756, Registered in the business registry in Chambéry under number Registered Office: Chalet des Villards- Arc Bourg Saint Maurice, France TVA Intra-community VAT number: FR Tel number: +33(0) contact.ads@compagniedesalpes.fr Operator of the les ARCS/ PEISEY-VALLANDRY ski area, Insured for professional public liability, as provided for by paragraph L220-1 of the Insurance Code, by Allianz Opérations Entreprises- 7, Place du Dôme-TSA La Défense Cedex, France. Hereinafter referred to as the «Operator». PARAGRAPH 1. GENERAL These general conditions apply to all tickets for travel on ski lifts (hereinafter known as the «Ticket(s)») issued by the Operator and granting entry to the ski areas of Peisey-Vallandry, les Arcs/Peisey-Vallandry and Paradiski (area linked with the La Plagne ski area operated by the Société d Aménagement de la station de la Plagne (Company operating the la Plagne ski area, hereinafter «SAP»). These general conditions are applicable with effect from 10/12/2016 and are valid exclusively for the winter season. The sales conditions for Tickets valid for the summer season are defined in a separate document. Should a situation arise that is not covered by these conditions, it will be considered to be governed by the practices in force in the ski lift sector and for companies with their registered office in France. 1

2 The purchase of a Ticket implies knowledge and acceptance by the purchaser (hereinafter referred to as the «Client(s)») of these general conditions in their entirety without prejudice to the usual means of recourse. PLEASE NOTE: For every Ticket that is issued, a proof of purchase will also be issued showing the ski area and category (adult, child, etc.) of the ticket for travel, its expiry date, its skicard number and/or its WTP number and any insurance taken out. The Client must retain the proof of purchase and be able to present it to the Operator or the SAP Company as appropriate in the event of an inspection and in support of any request (e.g. rescue, loss or theft of the Ticket, diverse functions, claims). The Ticket is strictly personal and cannot be sold or transferred, except the Ticket relating to the shortest period on the price list. It is therefore the User s responsibility to ensure that their Ticket cannot be used by a third party. PARAGRAPH 2. TICKET INSPECTIONS Every Ticket issued on a numbered card is usable for a predetermined period and age category. In formation relating to the validity of the Ticket and which is written on the card has no contractual value. Only the information contained in the micro-chip is contractually valid. During its period of validity, every Ticket entitles the holder to unrestricted use of the lifts in the ski area for which it was issued, with no priority of any sort. The area of validity of the Ticket is defined on the piste map for the winter season concerned during the opening periods of the ski lifts displayed in the Operator s sales points and/or at the bottom of the ski lifts, subject to weather and snow conditions. The Ticket (accompanied by the proof of purchase) must be retained by the User throughout every journey made on every ski lift, from its departure zone to its arrival zone, so that it may be detected by an automatic ticket checking system or be shown to any accredited inspector employed by the Operator or the SAP Company who is entitled to request it. 2

3 The absence of a Ticket, the use of an invalid Ticket or failure to observe the regulations displayed at the bottom of the lifts, observed by an accredited inspector employed by the Operator or the SAP Company will be subject to: - either payment of a fixed penalty in lieu of prosecution. This fixed penalty is equal to FIVE times the value of a daily transport ticket, increased where appropriate by administration fees in accordance with the applicable regulations. (Paragraphs L342-15, R and R of the tourist code and paragraphs and those that follow of the criminal procedure code - or prosecution. The accredited inspectors may ask to see any evidence of entitlement to price advantages granted to a holder of a reduced price or free Ticket. If the offender refuses or is unable to prove their identity, the accredited inspector will immediately notify the police or gendarmerie with local jurisdiction, who may instruct him straight away to bring the offender before them immediately. The accredited inspectors may also remove the Ticket immediately in order to return it to its rightful owner. In the event of fraud detected by an accredited inspector, the information gathered by them to issue the penalty notice may be digitally processed to ensure the follow through of the offences reported and the issue of reminders as well as for statistical purposes. This data is only for the Operator s use. In accordance with the law on digitally held data and freedom of information, any person concerned has a right of access and correction by contacting the Operator at the following address: ADS- Service Clientèle- Les Villards- Arc Bourg Saint Maurice, France. Responsible for processing: the Operator Purpose of processing: Monitoring of offences against transport regulations. Helpful advice: You are recommended to carry the card in a pocket on your left-hand side, without any metallic or electronic object. The card must not be folded or pierced nor place close to a source of heat. In the event of malfunction or technical failure of a card, the Operator will, at their own 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 inspection the defect is the responsibility of the User (e.g. non-observation of the instructions for use), the Operator will invoice the latter for the administrative costs provided for in paragraph 5. 3

4 Where the defective card was issued by the SAP Company, this request cannot be dealt with by the Operator. The User must submit the request to SAP as required by the terms of the General Conditions of Use drawn up by the latter. PARAGRAPH 4. LOSS OR THEFT OF TICKETS The provisions below apply exclusively to Tickets issued by the Operator. Accordingly, where the lost or stolen Ticket was issued by the SAP Company, this request cannot be dealt with by the Operator. The user must submit this request to the SAP Company as required by the terms of the General Conditions of Use drawn up by the latter. In the case of the loss or theft of a Ticket with a remaining value of 1 (one) day or longer, the User may obtain a duplicate from the Operator subject to fulfilling the following conditions: 4.1. Declaration of loss details to be provided Case n 1: For Users having purchased and paid for their Ticket directly in one of the Operator s sales points or on the on-line sales web site They must provide the proof of purchase (receipt issued by the Operator at the time of the purchase of the Ticket in the case of a payment on site or a copy of the acknowledgement of an on-line order), in support of their request for a duplicate. Case n 2: For User having purchased their Ticket from a distributer (e.g.: accommodation provider, tour operator) They must provide the Operator with the «WTP number» and/or the «ski-card number» shown on the Ticket s card. Users without a proof of purchase issued by the Operator must make a note of and retain these numbers from the moment the Ticket is issued by the distributer. The User must complete a declaration of loss in the Operator s sales point which issued the original Ticket. The User must include the following details on the declaration of loss: - «WTP number» and/or «ski-card number», - means of payment, - dates and duration of validity of the lost or stolen Ticket Administration fees 4

5 To obtain a duplicate, the User must also settle the administration fees in force, the amount of which is displayed in the Operator s sales points Issue of the duplicate - Any Ticket declared lost or stolen to the Operator will be deactivated by the latter and will no longer grant entry to the ski area. - Subject to confirmation of use, the User may collect a duplicate (for the outstanding period of the Ticket) from the sales point on the same day that the declaration of loss/theft is lodged at one of the Operator s sales points before its closing time, - PLEASE NOTE: No duplicate can be issued for any Ticket with an outstanding duration of less than 1 (one) day that is declared lost or stolen. The same applies to other Tickets the details of which that are required for the issue of a duplicate (see paragraph 4.1 above) cannot be supplied by the User, in which case the User is not entitled to any recourse against the Operator. PARAGRAPH 5. COMPLIANCE WITH SAFETY REGULATIONS All Users are required to observe the safety regulations relating to travel on ski lifts, notably the by-laws displayed at the bottom of the lifts, the complementary pictograms as well as all instructions given by the Operator s staff, subject to a penalty for non-compliance. The same applies to compliance with the by-law relating to safety on the ski slopes and the User is advised to take note of the «Ten rules for good conduct on the ski slopes» drawn up by the Fédération Internationale de Ski (International Skiing Federation) (FIS). PARAGRAPH 6. PROTECTION OF DATA OF A PERSONAL NATURE Data pertaining to Users movements is collected for the purposes of managing entry to the lifts and for checking Tickets. Data is also collected for statistical purposes. All data is for the sole use of the Operator and where appropriate the SAP Company, the operator of the connected ski area. In accordance with the law on digitally held data and freedom of information, Users (or their legal representatives) have a right of access and correction to the data which concerns them as well as a right to object for legitimate reasons to the processing of this data (notably a right to delete their photographs), which may be exercised by writing to the Operator at the following address: ADS - Service des Ventes - Chalet des Villards -Arc Bourg Saint Maurice, France. Responsible for processing: the Operator Purpose of processing: Ticketing and monitoring entry Additionally, in the event of the piste rescue service coming to the aid of a User, data of a personal nature is gathered by the latter to ensure the follow-up of their intervention and the invoicing of the rescue costs. 5

6 This data is for the sole use of the Operator and the public body responsible for collecting rescue costs. In accordance with the law on digitally held data and freedom of information, Users (or their legal representatives) have a right of access and correction by writing to the Operator at the following address: ADS- Service de la sécurité des pistes- Chalet des Villards -Arc Bourg Saint Maurice, France Responsible for processing: the Operator Purpose of processing: Follow up of interventions of the piste security service In application of paragraph 90 of decree n of 20 October 2005, any person may receive the information in this paragraph in writing on simple verbal or written request to the afore-mentioned service. PARAGRAPH 7: CO2. INFORMATION RELATING TO TRANSPORT FACILITIES In application of paragraph L of the transport code, the Operator disseminates the following Co2 information relating to ski lift transport facilities: The transport CO2 for a 6-day Les Arcs/Peisey-Vallandry Ticket is 1387 g equivalent to a 10 km car journey; The transport CO2 for a 6-day Paradiski Ticket is 1488 g equivalent to a 12 km car journey. For all additional information, please apply to the following department: ADS-Service Qualité Sécurité et Environnement- Chalet des Villards Arc Bourg Saint Maurice, France PARAGRAPH 8. TRANSLATION- APPLICABLE LAW-SETTLEMENT OF DISPUTES Where these general conditions are established in several languages, it is the express intention that the French version is the only one to be definitive. Accordingly, and in the case of difficulty in interpreting/applying any one of the provisions of these general conditions, the French version should expressly be the only one referred to. For both their interpretation and their application, these general conditions are subject to French law. In accordance with paragraph L of the consumer code, in the event of a difference of opinion arising over the validity, interpretation or application of these general conditions, the Client may have recourse free of charge to a contractual 6

7 mediation process or any other alternative means of settling disputes. The consumer is advised of the possibility of recourse to a mediation process provided by the Médiateur du Tourisme et du Voyage (tourist and travel mediator (MTV Médiation Tourisme Voyage, BP , Paris Cedex 17, France) in accordance with the terms set out on the web site within a maximum period of 1 (one) year from the written claim being lodged with the Operator. Should an amicable settlement not be reached, the dispute will be brought before the appropriate court by the first party to act. 7