Download the general terms and conditions of online sales of ski lift passes
GENERAL TERMS AND CONDITIONS OF SALE OF SKI LIFT PASSES
DJ/SB/18.536 – Site skipass-lesmenuires.com
Vallée des Belleville Operating Company (SEVABEL)
Simplified joint stock company with capital of €3,235,500.00 Chambéry Company Trade Register (RCS) no.: 353 065 964 Registered office: Gare de la télécabine du Mont de la chambre - Les Menuires - 73 440 LES BELLEVILLE, FRANCE Postal address: BP 2 - Les Menuires - 73 442 LES BELLEVILLE CEDEX, FRANCE Intra-community VAT no.: FR 02 353 065 964 Telephone no.: +33 (0)4 79 00 62 75 Email address: sevabel@compagniedesalpes.fr Registered with ORIAS as an intermediary insurance agent under the number 17007391 (www.orias.fr),Insured for professional liability, under the conditions provided by Article L220-1 of the Insurance Code, with Allianz IARD - 1, cours Michelet - CS 30051 - 92076 Paris Defense Cedex, France, Operator of the MENUIRES/SAINT-MARTIN-DE-BELLEVILLE ski area,
Hereinafter referred to as the “Operator”.
Article 1. GENERAL INFORMATION
The present general terms and conditions apply to all ski lift Passes (hereinafter referred to as “Pass(es)”) sold by the Operator, which allow access to the ski areas of Les Menuires/Saint-Martin-de-Belleville, or the Vallée des Belleville (space linking to the ski areas of Val Thorens and Orelle) or Trois Vallées (space linking to the ski areas of Val Thorens, Orelle, Méribel and Courchevel).
The present general terms and conditions are applicable from 28 November 2018 and valid exclusively for the winter season. The terms of sale of Passes valid for the summer season are defined in a separate document. These general terms and conditions are supplemented by the General Terms and Conditions of Use of Ski Lift Passes attached. Online purchases (on the website, automatic kiosks or tablets) are also subject to the Specific Terms and Conditions for Online Sales posted at the corresponding sales channel.
Should any provision herein be found lacking, it shall be considered governed by the current applicable practices in the ski lift industry for companies whose registered office is located in France.
The purchase of a Pass implies that the individual (hereinafter referred to as “Client(s)”) has full knowledge of and accepts all the present general terms and conditions, without prejudice to usual methods of recourse.
These conditions concern exclusively natural persons identified as consumers, as defined by the preliminary article of the Consumer Code.
The Client acknowledges all responsibility to remain informed about the various Passes and proposed tariffs and to select the most suitable option. Under no circumstance shall the Operator be held liable for the Client’s choice.
The Pass is issued on a physical medium mentioning its number, referred to as the “rechargeable card number”. The Pass is composed of a physical medium encoded with the ski pass and a proof of purchase.
The duration of a Pass stating the number of days implies "consecutive days" of a specific dated period.
Other Passes that may be available for purchase include « Consecutive Hours Passes » : The number of hours is deducted without interruption, in a continuous manner, from the first passage through the first access point of the skilift. If, when the ski lifts close, the credit of hour(s) has not been completely used, the remaining hour(s) credit or fraction thereof cannot be carried over to a later date, nor refunded or exchanged.
The Operator, in its capacity as an Intermediary Insurance Agent, proposes the purchase of a "Carré Neige" insurance contract to the Client, in addition to the Pass purchase. This contract is subject to the insurance conditions, which the Client may consult at points of sale or download either directly from its website www.carreneige.com or through a hypertext link on the Operator’s website: (www.skipass-lesmenuires.com).
IMPORTANT :
The issuance of each Pass results in a proof of purchase which states the ski area and category (adult, child, etc.), the date limit of the validity period, the rechargeable card number of the ski pass,and, if applicable, the insurance contract number.
This proof of purchase must imperatively be kept on the Client, who must be able to present it to the Operator upon demand in case of inspection or specific circumstances (e.g. emergency, loss or theft of Pass, complaint).
Article 2. PHYSICAL MEDIUM OF PASSES
A rechargeable card is issued which can be used once or several times, provided the support is not altered. This card incorporates a chip encoded with the ski lift pass for access to one of the ski areas mentioned above. They are issued free of charge (at points of sale or at www.skipass-lesmenuires.com).
There is also a customisable version (first name and last name of the Client mentioned on the card), available for sale at the price of three euros all taxes included (€3 including all taxes), exclusively at the physical points of sale of the Operator. It is guaranteed for three (3) years. This physical medium is non-refundable.
No new Pass can be registered until the Pass originally encoded on the ski pass is completely used. Otherwise, the initial pass will be irretrievably cancelled, and the Client cannot claim any compensation.
Only the registration of a "3 Vallées" extension will be possible and must be requested from the Operator's physical points of sale (see conditions posted at cashiers’ points).
The title-holder of a physical medium does not benefit from any reduction on the price of the ski lift pass if recharged at a point of sale or online.
Article 3. PHOTOGRAPH OF THE CLIENT
For the sale of any "season" type Pass and the issuance of a "Disabled" Pass or complementary Pass valid for a period of one (1) day or more, the Client must submit a recent identity photograph showing the frontal view of the face, without sunglasses nor head covering of the Client.
This photo will be kept by the Operator in the computer ticketing system to facilitate any possible recharging or reissuing of the Pass, on the condition of the Client’s prior consent (see “Protection of Personal Data”).
Article 4. TARIFFS & PAYMENT METHODS
4.1. Tariffs
The public tariffs for ski passes, the rechargeable card and Carré Neige insurance are posted at the Operator’s points of sale and on the website www.skipass-lesmenuires.com. Tariff charts are also available at the points of sale and Offices of Tourism. These tariffs are expressed in Euros per person and include all taxes; they are established based on applicable taxes at the time of publication of the tariff chart and are subject to any changes in tax rates that may occur.
Discounts and complementary products are offered to various categories of persons according to the conditions posted at points of sale or on the website.
At the points of sale, discounted or free products are issued upon presentation of official ID documents at the time of purchase to justify the special rate.
Photocopies of ID will not be accepted. No discounts or complementary products shall be granted after purchase.
Special rates are also available to disabled persons, according to the procedure defined in the tariff chart posted at points of sale. These passes are solely issued at physical points of sale of the Operator.
All discounts will be applied based on the "solo or individual adult fare" and cannot be combined with any other offer or promotion in progress.
Moreover, certain offers or promotions may be exclusively available and/or reserved for specific sales channels (e.g. website).
In all cases, the age of the Client shall be determined by the person’s age on the day of the beginning of validity of the Pass to be issued.
4.2. Payment methods
All issued Passes require payment of the corresponding tariff.
These payments are to be made in Euros either by cheque drawn from a French bank account, payable to the order of the Operator, or in cash within the regulatory limits (see Articles L112-6 and D112-3 of the Monetary and Financial Code), by bank card accepted by the Operator (French bank card, Visa, Eurocard Mastercard only) or by ANCV (French National Holiday Voucher Agency) vouchers.
For all payments by cheque, the presentation of a valid identity document in the name of the chequebook holder is required.
Article 5. MODALITIES OF USE OF SKIBADGE MACHINES
Skibadge automatic terminals allow the purchase and/or recharging of solely the Passes mentioned on the machines and are made available to Clients at certain points of sale or at partner sites of the Operator. Payment can only be made by bank card via an automatic payment terminal.
Article 6. INTERRUPTION OF SKI LIFT OPERATION
A reminder: The sale of "3 Vallées" and "Vallée des Belleville" Passes may be deferred in the event of insufficient snow cover or closure of the 3 Vallées routes.
6.1. If the Client chooses a “4 hours” or “1 day” Les Menuires/St Martin de Belleville Pass
The Operator offers reduced rates on the “4 hours” or “1 day” Les Menuires/Saint-Martin de Belleville Pass, in the event of bad weather or snow conditions that have a significant impact on ski-lift operating conditions. (See conditions at checkout point).
6.2. If the Client chooses a “Multi-Day” Pass (= 2 days or more, not including “season” Passes)
Only in the case of an interruption of more than five (5) consecutive hours AND interruption of over 80% of the ski lifts to which the Pass provides access - and except in cases of force majeure - will the Operator consider compensation for damage incurred by the Client, titleholder of a "multi-day” Pass.
In this case, the Client can submit a compensation request form at the Operator's reception desks or points of sale.
Once the qualifying factors outlined in paragraph one of this section have been established, compensation is determined according to the number of days during which the Client could not use his Pass due to the interruption of service; the last day taken into consideration in all cases shall be the expiration date of the validity of the Pass in question.
The client may choose compensation among the options listed below (this choice is irrevocable and cannot be called into question for any reason whatsoever):
- 1. Extension of the period of validity of the Pass concerned by issuing a new Pass, of the same type and of a duration equal to the number of compensable days as defined above (which shall begin on the day after expiration of the initial Pass, or from the first day of the resumption of service, if later than this date);
- 2. Receipt of a credit voucher which must be used before the end of the winter season following the ongoing Season (S +1). The amount of credit is determined by the procedure described in point 3 below.
- 3. Reimbursement, calculated on a pro-rata basis, according to the number of days the ski lifts were interrupted.
For example, in the case of an interruption of at least 80% of the ski lifts as indicated above for a period of three (3) days, the Client, titleholder of a Six (6) days Pass will be reimbursed for 3/6ths of the purchase price of his Pass.
No compensation will be rewarded before the expiration date of the Pass in question.
The Client cannot claim any sum or benefit exceeding the chosen compensation.
The compensation request, accompanied by the relevant documents (original or scan of the Pass, proof of purchase, request for compensation mentioning the specific compensation choice), must be provided in person or sent to the Operator, in compliance with the procedure defined in Article 8 below.
Compensation shall be rewarded no later than two (2) months following the receipt of all documents relating to the compensation request.
NB: Only Passes which were obtained and paid for directly by Clients to the Operator may result in compensation. In all other cases, the Client must refer to the General Conditions of Sale of the entity from whom the Pass was purchased.
Article 7. REIMBURSEMENT
If Passes issued are unused or not fully consumed, they cannot be reimbursed or exchanged, except in the circumstances detailed in Article 6 above.
The Client may subscribe to specific insurance which covers this type of risk and may also cover rescue fees in the event of an accident on the ski slopes or ski lifts. All related information is available at points of sale.
Article 8. COMPLAINTS
All complaints must be addressed to the Operator within a period of two (2) months following the beginning of the occurrence that prompted the complaint, without prejudice to recourse and deadlines of mediation and/or without pursuing legal action defined in article 11.
All claims must be sent to the following address:
SEVABEL- Service Accueil-Relation Client - BP 2- Les Menuires - 73 442 Les Belleville Cedex France or by email : sevabel@compagniedesalpes.fr or completed at the following address: https://ticketoski.fr/fr/les-menuires.
Article 9. INTELLECTUAL PROPERTY
The Client acquires no ownership or user rights and is prohibited from using the names, signs, symbols, logos, brands, copyright or other literary, artistic or industrial property rights of the Operator.
Article 10. PROTECTION OF PERSONAL DATA
Personal data collected during the sale of ski Passes is processed with the purpose of:Personal data collected during the sale of ski Passes is processed with the purpose of:
- Processing the order. The use of data is necessary to execute the sales contract that the Client concludes with the Operator;
- Sending the Client promotional offers, newsletters, invitations to participate in games or contests and satisfaction surveys. Messages sent by the Operator are based on the legitimate interest of the latter to develop its activities; messages sent by the Office of Tourism of Menuires, or by commercial partners of the Operator and its affiliated companies (Groupe Compagnie des Alpes), process the data based on the Client's consent.
- Responding to inquiries, comments and complaints filed by the Client. This usage is based on the Client's consent.
All data requested by the Operator for issuing the Pass is compulsory. Providing other information is optional.
The data processing is carried out under the responsibility of the Operator, represented by Mr Didier BOBILLIER, General Director, whose contact details are indicated in the header of these General Terms and Conditions.
The collected data is intended for:
- The Operator;
- All providers whose involvement is required for carrying out the processing mentioned above;
- The Menuires Office of Tourism, commercial partners of the Operator and affiliated companies (Groupe Compagnie des Alpes), if the Client has granted consent.
The collected data may be transferred to a non-member country of the European Union. The Client can obtain additional information on the sharing of data and applicable guarantees from the Operator.
The data is kept for the following periods of time:
- Data collected to process orders for products and services: for five years from time of collection if the amount of the order is inferior to €120, for ten years if the amount of the order concluded electronically is equal to or greater than €120. By exception, the number and expiry date of the Client’s bank card are kept on file in all cases, for 15 months after the last debit date for evidence purposes in the event of a dispute of the transaction carried out remotely. The cryptogram is not retained after the transaction.
- Photographs necessary for the purchase of a Pass requiring a photo are kept for three years from the date of collection, to facilitate the reissue of the Pass from one season to another, provided the Client has consented thereto;
- Data collected to send the Client informative letters, satisfaction surveys and promotional offers is kept for three years from the time of collection. At the end of this period, this data is retained for a further period of three years if the Client agrees to continue to receive newsletters, satisfaction surveys and promotional offers from the Operator ;
- Data collected to respond to requests for information, comments and claims sent by the Client is kept during the time necessary to process these requests, comments and claims.
In order to preserve the confidentiality and security of personal data and in particular to protect such data from unlawful or accidental destruction, accidental loss, accidental alteration, unauthorised disclosure or unauthorised access, the Operator has implemented appropriate technical and organisational measures, in accordance with applicable legal provisions. To this end, it has put in place technical measures (such as firewalls) and organisational measures (such as a username/password system, physical means of protection, etc.).
The Client reserves the right to access the data concerning himself, to have the data rectified or deleted, to transfer the data or have it transferred to a third party, to impose a limitation of its usage or refuse its usage. The Operator will consent to this request, subject to compliance with legal obligations incumbent upon it.
The Client has the right to withdraw his consent regarding data processing concerning himself at any time. The withdrawal of his consent does not affect the lawfulness of the processing carried out prior to such withdrawal.
The Client can exercise these rights:
- By postal letter sent to the following address: SEVABEL– Service Protection des données personnelles – BP 2- Les Menuires - 73 442 Les Belleville Cedex France, ou ;
- By sending an email to the following address: sevabel.privacy@compagniedesalpes.fr.
In the interest of confidentiality and protection of personal data, the Operator must be able to verify the identity of the Client in order to respond to a request. To this end, the Client must provide, taking into account the exercise of the aforementioned rights, a photocopy of an official identity document, mentioning date and place of birth and bearing his signature, in accordance with the provisions of the law no. 78-17 of 6 January 1978, known as the "Loi Informatique et Libertés" (French Data Protection Act), article 92 of the decree of 20 October 2005 cited for the application of this law, and of the European regulation 2016/679 of 27 April 2016 on the protection of natural persons regarding the processing of personal data and the free sharing of such data.
Finally, the Client reserves the right to file a complaint with the CNIL (French Data Protection Authority) if the Client considers his rights have been breached. Contact information of the CNIL: Commission Nationale de l'Informatique et des Libertés, 3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07, France – Tel.: +33 (0)1 53 73 22 22 – Fax: +33 (0)1 53 73 22 00 – Website: https://www.cnil.fr/fr/plaintes.
In application of Article 90 of Decree no. 2005-1309 of 20 October 2005, the Client can receive a written response regarding the information detailed above, upon simple verbal or written request, addressed to the aforementioned entities.
Finally, the Client can register, at no cost, to enlist to oppose calls by telemarketers in order to no longer be solicited by a professional with whom the Client has no current contractual relationship, in accordance with Article L 223-2 of the Consumer Code. (http://www.bloctel.gouv.fr).
Article 11. TRANSLATION – APPLICABLE LAW – SETTLEMENT OF DISPUTES
Should the present general terms and conditions be drawn up in several languages, it is expressly understood that the French version of the present terms and conditions shall be the only legally binding version. As a result, and in the event of difficulties of interpretation/application of any of the provisions of the present general terms and conditions, the French version should be expressly and exclusively referred to.
The present general terms and conditions are subject to French law for all interpretation and application.
In accordance with Article L 211-3 of the Consumer Code, should there arise a dispute regarding the validity, interpretation or application of these terms and conditions, the Client has the right to free recourse to a conventional mediation procedure, or any other alternative means of dispute resolution. We inform the Client of his right to a process of mediation, conducted by the Tourism and Travel Mediator (MTV Médiation Tourisme Voyage, BP 80 303, 75823 Paris Cedex 17, France) according to the conditions detailed on the website www.mtv.travelwithin one (1) year of the date of the written complaint sent to the Operator.In addition, an online dispute resolution platform is available on the internet at the following address: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR.
In the event of a failure to reach an amicable settlement, the Client can pursue legal action either in a jurisdiction territorially competent under the Code of Civil Procedure, or in the jurisdiction where the Client was present at the time of entering the contract or where the injurious event occurred (Article R. 631-3 of the Consumer Code).
GENERAL TERMS AND CONDITIONS OF USE OF SKI LIFT PASSES
DJ/SB/18.536 – Site skipass-lesmenuires.com
Vallée des Belleville Operating Company (SEVABEL)
Simplified joint stock company with capital of €3,235,500.00 Chambéry Company Trade Register (RCS) no.: 353 065 964 Registered office: Gare de la télécabine du Mont de la chambre - Les Menuires - 73440 LES BELLEVILLE, FRANCE Postal address: BP 2 - Les Menuires - 73442 LES BELLEVILLE CEDEX, FRANCE Intra-community VAT no.: FR 02 353 065 964 Telephone no.: +33 (0)4 79 00 62 75 Email address: sevabel@compagniedesalpes.fr Registered with ORIAS as an intermediary insurance agent under the number 17007391 (www.orias.fr), Insured for professional liability under the conditions provided by Article L220-1 of the Insurance Code, with Allianz IARD - 1, cours Michelet - CS 30051 - 92076 Paris Defense Cedex, France, Operator of the MENUIRES/SAINT-MARTIN-DE-BELLEVILLE ski area,
Hereinafter referred to as the “Operator”.
Article 1. GENERAL INFORMATION
The present general terms and conditions apply to all ski lift Passes (hereinafter referred to as “Pass(es)”) issued by the Operator, which allow access to the ski areas of Menuires/Saint-Martin-de-Belleville or the Vallée des Belleville (space linking to the ski areas of Val Thorens and Orelle) or the Trois Vallées (space linking to the ski areas of Val Thorens, Orelle, Méribel and Courchevel).
The present general terms and conditions shall be applicable from 28 November 2018and valid only for the winter season.
Should any provision herein be found lacking, it shall be considered governed by the current practices in force in the ski lift industry and for companies whose registered office is located in France.
The acquisition of a Pass implies that the individual (hereinafter referred to as the “User”) has full knowledge of and accepts all the present general terms and conditions, without prejudice to common forms of legal recourse.
IMPORTANT:
The User must imperatively retain:
- The proof of purchase issued upon its sale from the Operator;
The proof of purchase mentions the ski area and category (adult, child, etc.), the date limit of its validity period, the rechargeable card number of the ski pass and, if applicable, any insurance subscription. - The «rechargeable card number » on the physical medium of the ski pass, if purchased from a Distributor.
These elements will be requested in the event of an inspection by the Operator, as well as to support any request (e.g. emergency, loss or theft of Pass, complaint regarding the Operator or another operator of the Trois Vallées area, if applicable).
The Pass is strictly personal and non-transferable, unless the Pass corresponds to the shortest duration on the price chart. The User is therefore responsible for retaining his Pass to ensure it cannot be used by a third party.
Article 2. INSPECTION OF PASSES
Every Pass issued on a numbered physical medium shall be used for a predetermined validity period and age category. The information on the card regarding the validity of the Pass has no contractual value. Only the information contained on the chip of the physical medium shall be binding..
All Passes allow free usage of the ski lifts in the authorised ski area during the validity period issued, without any priority whatsoever.
The validity area of the Pass is defined on the slopes/piste map for the ongoing winter season and during the ski lift opening hours, posted at the Operator’s points of sale and/or at the ski lift departure area, subject to meteorological and snow conditions.
The Pass (accompanied by the proof of purchase)must be kept on the User during all transport via ski lift, from departures through arrivals, so it can be detected by the automatic control system or presented to Inspectors, duly appointed by the Operator or another operator of the Trois Vallées ski area. These inspectors have the right to such verifications.
Should an Inspector (duly-appointed by the Operator or another operator of the Trois Vallées ski area) observe the User’s absence of a Pass, the usage of an invalid Pass or a User disregarding the policy regulations displayed at ski lift departure points,, the offender can regularise the situation through an immediate transaction of payment of a lump sum in addition to applicable fees of the ski pass.
Payment of this lump sum can equal up to FIVE (5) times the value of the day ski pass, in accordance with applicable regulations (Articles L342-15, R342-19 and R342-20 of the Tourism Code and Articles 529-3 et al. of the Code of Criminal Procedure).
These inspectors can demand the presentation of any documents justifying the tariff benefits granted to the User and Pass-holder in case of a reduced tariff or complementary Pass. The various age categories are systematically verified at ski lift points, signified by different illuminated colours.
If the offender refuses or is unable to justify his identity, the inspector shall immediately report the fact to any competent officer of the national police or national gendarmerie of the appropriate jurisdiction, who may then order the offender to present himself immediately.
The procedure described in the preceding paragraph shall be terminated immediately if the offender proceeds to pay all the required fees related to the transaction, which will result in the issuance of a receipt of payment.
The offender has a limited time, as provided by law:
- To settle the amount of the transaction which includes:
- A possible payment for the Ski Pass;
- The lump sum payment;
- Administrative fees, in accordance with the provisions of article 529-4 of the Code of Criminal Procedure;
- Or to send a letter of contestation to the Operator.
If payment is not made within the legal deadline and a contestation is not filed, the offender is subject to criminal prosecution in accordance with the provisions of Article 529-5 of the Code of Criminal Procedure.
Finally, any fraudulent use of a Pass (expired, falsified, counterfeit, non-transferable pass used by a third party...) shall result in its immediate withdrawal and, if required, the filing of legal proceedings.
Article 3. DEFECTIVE PHYSICAL MEDIUM OF PASSES
User instructions:
To facilitate the transmission of information encoded while passing through control terminals, the Pass must be worn on the left side, preferably separate from a mobile phone, keys and any item made wholly or partially of aluminium.The physical support must not be bent, torn or placed near a heat source.
Should the card fail to function or prove technically defective (up to three years for the customisable version), the Operator, at its cost, will replace the physical medium, from the date of return of the latter to one of the Operator’s points of sale.
However, after verification, if the defectiveness of the Ski-Card is due to the User (e.g. disregarding the user instructions), the Operator shall charge the User for the replacement fees described in article 4.
In the event the defective physical medium was issued by another operator of the Trois Vallées ski area, the request cannot be processed by the Operator.
The User must send his request to the operator of the Trois Vallées ski area, in accordance with the General Terms and Conditions of Use of Ski Lift Passes established by the latter.
Article 4. LOSS OR THEFT OF PASSES
The provisions below apply exclusively to Passes issued by the Operator.
Therefore, if the lost or stolen Pass was issued by the operator of the Trois Vallées ski area, the request cannot be processed by the Operator.
The User must send his request to the operator in accordance with the General Terms and Conditions of Use of Ski Lift Passes established by the latter.
4.1. Information to provide
In case of loss or theft of a Pass with a residual duration of equal to or greater than one (1) day, the User must file the declaration at a point of sale of the Operator and present the following documents:
Case #1: For Users having obtained and paid for the Pass directly from the Operator The User must provide the proof of purchase (receipt given by the Operator at the time of the purchase of the Pass if paid for on-site, or a copy of the order confirmation if paid for online), to justify the request for a duplicate.
Case #2: For Users having obtained the Pass from a distributor (i.e. lodging agency, tour operator)
The User must provide the Operator with the rechargeable card number, which appears on the physical medium of his Pass.
This User, having no proof of purchase issued by the Operator, must imperatively record and keep the number, upon the issuance of his Pass by the distributor.
The User must then complete a declaration of loss at one of the Operator's points of sale, indicating:
- The rechargeable card number,
- The reason for the request,
- The dates and period of validity of the lost or stolen Pass.
4.2. Processing fees
To obtain a duplicate, the User must also pay a processing fee at the fixed rate of ten euros including all taxes (€10.00, all taxes included.).
4.3. Issuing a duplicate
- Any Pass officially declared by the User as lost or stolen to the Operator will be deactivated by the latter and no longer allow access to the ski area.
- Subject to regulatory verifications, the same day the declaration of loss/theft is submitted to a point of sale of the Operator before the closing time of the latter, the User may pick up a duplicate (valid for the remaining time of the Pass) on the same type of physical medium of the initial Pass.
- PLEASE NOTE : Any Pass with a residual duration of less than one (1) day, declared lost or stolen, regardless of its physical medium, cannot result in the issuance of a duplicate.
The same applies to other Passes for which the User cannot provide the information required for duplicate issuance, and the User cannot engage in any legal recourse against the Operator.
Article 5. RESPECT OF SAFETY REGULATIONS
All Users are obliged to respect the safety regulations relating to ski lift transportation; notably the policy regulations displayed at the ski lift departure points, the accompanying pictograms as well as all instructions given by the Operator’s staff, subject to a penalty.
The same applies to the municipal decree relating to safety regulations for ski slopes; the User is recommended to familiarise himself with the “10 rules of good conduct for ski slope users” published by the International Ski Federation (FIS).
Article 6. PROTECTION OF PERSONAL DATA
User transport:
Personal data of User transport is collected for the management of access operations for ski lifts and for the verification of Passes.
This data processing is based on a contract of transport to which the User is a party.
Collected data is intended for the Operator, and, where applicable, for other companies of the 3 Vallées in their capacity as operators of the connected ski area.
The collected data is kept for the time required to achieve the above-mentioned purposes.
Verification of Passes:
The personal data collected by Inspectors during Pass verifications are the subject of processing related to the follow-up of the infringements recorded within the framework of the police of public land transport services. The processing is based on the legitimate interest of the Operator to fight fraud.
All the information collected by the Operator for the treatment mentioned above is mandatory.
The data collected is intended for the Operator and, where appropriate, exclusively prosecution authorities.
The collected data is kept for the following periods of time:
- In the event of the lump sum payment, the data relating to offenders and offenses is deleted when the payment is made. This data, however, may be archived on an independent external database, accessible exclusively to authorised agents of the Operator and for specific requests, for a maximum additional period of two years from the confirmed payment of the sums due.
- In the case of non-transactional offenses, data on offenders and recorded offenses are retained for up to twelve consecutive months to determine whether the usual committed offense is provided for in Article L. 2242-6 of the Transport Code. This data is also archived on an independent external database, accessible only to authorised agents and for specific requests, for an additional maximum of two years from the conclusion of the twelfth month in the computer database.
Common provisions:
All the data processing mentioned above is carried out under the responsibility of the Operator, represented by Mr Didier BOBILLIER, General Director, whose contact details are indicated in the header of these terms and conditions.
All the data may be transferred to a non-member country of the European Union. The Client can obtain additional information on the sharing of data and applicable guarantees from the Operator.
In order to preserve the confidentiality and security of personal data and in particular to protect such data from unlawful or accidental destruction, accidental loss, accidental alteration, unauthorised disclosure or unauthorised access, the Operator implements appropriate technical and organisational measures, in accordance with applicable legal provisions. To this end, it has put in place technical measures (such as firewalls) and organisational measures (such as an identification/password system, physical means of protection, etc.).
The User reserves the right to access the data concerning himself and to have the data rectified or deleted, to transfer the data or have it transferred to a third party, to impose a limitation of its usage or refuse its usage. The Operator shall comply with this request, subject to adherence to legal obligations incumbent upon it.
The User may exercise these rights:
- By postal letter sent to the following address: SEVABEL – Service Protection des données personnelles – Gare de la télécabine du Mont de la Chambre BP2 Les Menuires 73442 LES BELLEVILLE CEDEX, FRANCE; or
- By sending an email to the following address: sevabel.privacy@compagniedesalpes.fr
In the interest of confidentiality and protection of personal data, the Operator must be able to verify the identity of the User in order to respond to his request. For this purpose, the User must provide, taking into account the exercise of the aforementioned rights, a photocopy of an official identity document, mentioning date and place of birth and bearing his signature, in accordance with the provisions of law n° 78-17 of 6 January 1978, known as the "Loi Informatique et Libertés" (French Data Protection Act), Article 92 of the decree of 20 October 2005 for the application of this law, and the European regulation 2016/679 of 27 April 2016 on the protection of natural persons regarding the processing of personal data and the free sharing of such data.
Finally, the User has the right to file a complaint with the CNIL (French Data Protection Authority), if the Client considers that his rights have been breached. Contact information of the CNIL: Commission Nationale de l'Informatique et des Libertés, 3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07, France – Tel.: +33 (0)1 53 73 22 22 – Fax: +33 (0)1 53 73 22 00 – Website: www.cnil.fr/fr/plaintes.
In application of Article 90 of Decree no. 2005-1309 of 20 October 2005, the User can receive the information presented above in written form, upon simple verbal or written request addressed to the aforementioned services.
Article 7. CO2 REPORTING FOR TRANSPORT SERVICES
In application of Article L 1431-3 and D1431-1 to 1431-23 of the Transport Code, the Operator shall provide notification of the following CO² information regarding ski lift transport:
- The CO²e transport for a 1-day Les Menuires Pass is 34 g CO²e, equivalent to a car route of 0.135 km;
- The CO²e transport for a 1-day 3 Vallées Pass is 116 g CO²e, equivalent to a car route of 0.460 km.
Method of calculation: 6g CO²e /kwh /100% renewable energy /diesel fuel car 140g/km (class C, current average).
For further information, please contact:
SEVABEL- Service Qualité Sécurité Environnement- BP 2- Les Menuires -73 442 LES BELLEVILLE CEDEX
Article 8. TRANSLATION – APPLICABLE LAW – SETTLEMENT OF DISPUTES
Should the present general terms and conditions be drawn up in several languages, it is expressly understood that the French version of the present general terms and conditions shall be the only legally binding version. As a result, and in the event of difficulties of interpretation/application of any of the provisions of the present general terms and conditions, the French version should be expressly and exclusively referred to.
The present terms and conditions are subject to French law for all interpretation and application.
In accordance with Article L 211-3 of the Consumer Code, in the event of a dispute regarding validity, interpretation or application of these terms and conditions, the User has the right to free recourse to a conventional mediation, or any other alternative means of resolving a dispute. We inform the Client of his right to a procedure of mediation, conducted by the Tourism and Travel Mediator (MTV Médiateur du Tourisme et du Voyage: BP 80303, 75823 Paris Cedex 17, France) according to the conditions detailed on their site www.mtv.travel within one (1) year of the date of the written complaint sent to the Operator.
The User can also contact the European Dispute Resolution Platform, accessible on the internet at the following address: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR.
In the event of a failure to reach an amicable settlement, the User can pursue legal action either in a jurisdiction territorially competent under the Code of Civil Procedure, or in the jurisdiction of the location where he was present at the time of entering the contract or where the injurious event occurred (Article R. 631-3 of the Consumer Code).
SPECIFIC TERMS AND CONDITIONS OF ONLINE SALES OF SKI LIFT PASSES
DJ/SB/18.537 – Site skipass-lesmenuires.com
Vallée des Belleville Operating Company (SEVABEL)
Simplified joint stock company with capital of €3,235,500.00 Chambéry Company Trade Register (RCS) no.: 353 065 964 Registered office: Gare de la télécabine du Mont de la chambre - Les Menuires - 73 440 LES BELLEVILLE, FRANCE Postal address: BP 2 - Les Menuires - 73442 LES BELLEVILLE CEDEX, FRANCE Intra-community VAT no.: FR 02 353 065 964 Telephone no.: +33 (0)4 79 00 62 75 Email address: sevabel@compagniedesalpes.fr Registered with ORIAS as an intermediary insurance agent under the number 17007391 (www.orias.fr) Insured for professional liability, under the conditions provided by Article L220-1 of the Insurance Code, with Allianz IARD - 1, cours Michelet - CS 30051 - 92076 Paris Defense Cedex, France, Operator of the MENUIRES/SAINT-MARTIN-DE-BELLEVILLE ski area,
Hereinafter referred to as the “Operator”.
Article 1. GENERAL INFORMATION
The present terms and conditions shall be valid from 28 November 2018.
The validation of an order placed online
- Either at www.skipass-lesmenuires.com (hereinafter referred to as “Website”),
- Or through touchpad tablets at clients’ disposal at certain points of sale
- Or through the purchasing/recharging terminals at clients’ disposal at certain points of sale
implies acceptance by the individual (hereinafter referred to as the “Client(s)”) of the present Specific Terms and Conditions of Online Sales.
Should any provision herein be found lacking, it shall be considered governed by the current applicable practices in the online sales sector and for companies whose registered office is located in France.
The present terms and conditions supplement the “General Terms and Conditions of Sale of Ski Lift Passes” and “General Terms and Conditions of Use of Ski Lift Passes” (hereinafter referred to as “Pass(es)”), posted at all points of sale and available online.
These conditions apply exclusively to natural persons identified as consumers as defined by the preliminary article of the Consumer Code.
All documents of these conditions are made available to Clients, who can download or print them. Legally binding information is presented in French.
Article 2. PRODUCTS OFFERED
Online sales allow Clients
- To register or recharge a ski pass on the free “rechargeable” physical medium or
- To recharge a ski pass on the customisable rechargeable card.
These "hands free" Passes are loaded on physical rechargeable cards containing a chip, which activate the turnstile terminals to access the ski lifts.
Touchpad tablets and/or terminals for purchase and reloading are made available to Clients at certain points of sale and at resort partners’ sites, whose locations are published on the Website.
They allow the purchase or recharging of the Passes mentioned on these machines. For a first purchase, a physical a medium is made available to Clients at these points of sale.
The list and the characteristics of the different Passes offered for purchase and/or recharging (geographical area, validity period...) are presented on the specific price list of each sales channel and available on the latter.
All Passes remain available at the physical points of sale of the Operator.
Reminder: The Pass consists of a physical medium encoded with a ski lift pass, and confirmation of the order, which serves as a proof of purchase sent by email upon confirmation of the online purchase or recharging of the Pass. (hereinafter referred to as "Proof of purchase").
NB : In order to benefit from the "loss or theft of Passes" procedure defined in article 4 of the General Terms and Conditions of Use of Ski Lift Passes, the Client must imperatively provide the Operator with this Proof of Purchase.
Article 3. ONLINE ORDER PROCEDURES
The order can only be registered on the Operator’s website if the Client has clearly identified himself
- Either by entering his access code (login + password), which is strictly personal,
- Or by completing the online form, allowing him to obtain an access code.
On touchpad tablets and purchasing/recharging kiosks, the Client can access the “commande expresse” (“fast ordering”) feature by entering his email address (without creating a client account).
The Client can verify the order details and total price and correct any possible errors before official validation of the order (Article 1127-2 of the Civil Code).
To finalise the Order, the Client must be aware of the present Terms and Conditions as well as the General Terms and Conditions of Sale and the General Terms and Conditions of Use of Ski Lift Passes, accept them and proceed with payment according to the procedures described in Article 4.
The Operator will confirm the order with the Client through an email, which will contain a recapitulation of all the products the Client has validated in the order and shall constitute the Proof of purchase.
Except in cases of online recharging referred to in Article 7,, lcomplete online orders (including payment and photograph) must be completed on the Operator’s website no later than the twelfth day (for foreign orders and French overseas departments and territories) and no later than the seventh day (for mainland France orders) before the first day of validity of the Pass so that the Pass(es) can be delivered to the Client’s home address.
If these deadlines are not respected, the Client cannot receive the ordered items at home.
However, complete online orders (including payment and photograph) can be finalised on the Operator’s website up to the day preceding the first day of the Pass validity.. In this case, the Client must pick up the Pass at an Operator’s point of sale (chosen at the time of the order) on the day the validity of these Passes begin.
All orders imply acceptance of the description of services and tariffs.
Article 4. TARIFFS AND METHODS OF PAYMENT
Prices indicated are in Euros inclusive of all taxes and take into account applicable VAT rates on the date the order is placed.
When placing an order online, the Client declares to be the title-holder of official documents justifying the tariff advantages from which the Client may benefit.
It is specified that shipping costs are covered by the Operator.
The price of the online order is due when the order is placed. Payments must be made in euros by bank card.
Payment by bank card is secured through PayZen by Lyra Network services, which guarantees the confidentiality of payments. The transaction is completed by immediate virtual payment via an electronic payment terminal.
At purchasing/recharging kiosks, payment is carried out by means of an automatic payment terminal.
At no point in time is the Operator aware of the bank card numbers the Client must provide. The Operator is only notified by the bank that a transfer corresponding to the amount of the order has been credited to its account.
Article 5. ACKNOWLEDGMENT OF RECEIPT OF ORDER BY OPERATOR
Orders paid by bank card and confirmed will be the subject of authorisation from the client’s banking establishment when the order is placed.
If bank authorisation is declined by the Client’s bank, the order process will be cancelled.
Once the online order is confirmed by the Client, the Operator will acknowledge receipt of the order by email, which shall constitute the Proof of purchase and includes a recapitulation of the order and the receipt.
Article 6. DELIVERY OF THE ORDER
Except in the event of online recharging referred to in Article 7, the Client may choose one of the following:
- Home delivery to the address indicated by the Client for this purpose
Except in the event of force majeure, the Operator commits to delivering the Passes by postal mail the second day at the latest before the Passes’ first day of validity for mainland France and the fourth day at the latest before the Passes’ first day of validity for foreign orders and orders by French overseas departments and territories (attested by the postmark date)
- To pick up the Pass(es) at the Operator’s point of sale the Client has chosen (Central point of sale on La Croisette, Point of sale Bruyères or Point of sale Saint-Martin-de-Belleville Grangeraies district), from the first day of the validity of the Passes,, taking into account opening hours.
The copy of the Proof of purchase and an official valid identification document will then be requested by the services of the Operator. Otherwise, the ordered Passes cannot be issued.
Article 7. SPECIFIC FEATURES OF ONLINE RECHARGING
The physical medium issued by the Operator can be recharged with products via the website no less than fifteen (15) minutes before the start of the validity of the selected Pass.
Payment is made by bank card. A proof of receipt of the order is sent by the Operator to the Client, who shall retain this Proof of purchase,, notably in the event of verifications while using the ski lifts.
The Pass will be automatically recharged during the first passage of the Client through the hands-free access points.
Article 8. ABSENCE OF RIGHT TO WITHDRAWAL
The sale of Passes is not subject to the application of the right to withdrawal provided for in Articles L 221-18 et al. of the Consumer Code regarding remote sales.
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Article 9. MODIFICATION OF ORDER
The modification of an order cannot be used by the Client to benefit from any promotional offer and/or price reduction whatsoever.
The Operator agrees to process order modification requests, excluding Internet promotions and exclusive offers, until the day preceding the first day of validity of the corresponding Passes.
For this modification, a request must be sent to the Operator by postal mail or email:
Postal address: SEVABEL- Service Accueil et Relation Client- BP 2 - Les Menuires -73 442 LES BELLEVILLE CEDEX FRANCE
Email: sevabel@compagniedesalpes.fr
The postmark will attest to the date of any request for modification by postal mail. In case of request for modification by email, the date of sending of the latter will determine the date.
To be eligible, the Client modification request must include:
- The number of the corresponding order;
- The rechargeable card number of each Pass to be modified;
- The postal address of the Client.
The Operator will effectuate the modification, provided the Pass concerned has not been used, even partially.
In addition, if the new Pass is greater in price than the original Pass, the Client must pay the amount of the difference on-site with the Operator, so that the modification request can be validated by the latter.
On the other hand, if the new Pass is lower in price than the initial Pass, the Client will have to send a written request (by postal mail or email to the addresses mentioned above) for a refund from the Operator, which will be made by re-crediting the bank card used for the transaction.
The Operator commits to reimbursing the Client within (30) days from the date of request.
The Client shall retain the physical medium of the modified Pass, which can be reused and recharged thereafter.
Article 10. CANCELLATION OF ORDER
The Operator agrees to process partial or total order cancellation requests, only for orders placed online, excluding Internet promotions and exclusive offers, until the day preceding the first day of validity of the corresponding Passes.
The cancellation of an order cannot be used by the Client to benefit from any promotional offer and/or price reduction whatsoever.
For cancellation, a request must be sent to the Operator by postal mail or email:
Postal address: SEVABEL- Service Accueil et Relations Client- BP 2- Les Menuires- 73 442 Les Belleville Cedex France
Email : sevabel@compagniedesalpes.fr
The postmark will attest to the date of any request for cancellation by postal mail..
In case of request for cancellation by email, the date of sending of the latter will determine the official date.
To be eligible, the Client cancellation request must include:
- The number of the corresponding order;
- The postal address of the Client;
- The rechargeable card number of the Pass(es) to be cancelled.
The Pass concerned must not have been used, even partially.
The Client may retain the physical medium of the cancelled Pass, which can be reused and recharged thereafter.
The reimbursement only covers the price of the Pass, excluding costs of the physical medium and/or Carré Neige insurance.
The Client must fill out a refund claim form made available by the Operator. This refund will be made by re-crediting the bank card that was used for the transaction. The Operator commits to reimbursing the Client within (30) days from the date of the cancellation request.
Article 11. TRACKING THE ORDER
For additional information, the Client Relations Department of the Operator is available to the Client at:
Tel : +33 (0)4 79 00 62 75
Postal address: SEVABEL- Service Accueil Relations Client- BP 2 - Les Menuires -73 442 LES BELLEVILLE CEDEX FRANCE Email : sevabel@compagniedesalpes.fr
Article 12. RESPONSIBILITY
The Operator is responsible for proper fulfilment of the obligations inherent in the contract concluded online, whether these obligations are to be fulfilled by the Operator or by other service providers, without prejudice to a right of recourse against them. However, the Operator may waive all or part of its liability, by proving that the non-fulfilment or the improper fulfilment of the contract is/was attributable to the consumer, to unpredictable and insurmountable circumstances, to third parties, or in case of force majeure. (Art L221-15 of the Consumer Code).
Article 13. TERMINATION FOR DEFAULT OR DELIVERY DELAY
Except in cases of force majeure as defined by Article 1218 of the Civil Code, should the Operator fail to provide the services on the date or within the time limit indicated to the Client or, failing this, at the latest, thirty (30) days after the conclusion of the contract, the Client may terminate the contract, by registered letter with acknowledgment of receipt or in writing on another material format, if, after obliging the Operator, under the same procedures, to provide the services within a reasonable supplementary time, the latter did not respect the time limit(s).The contract shall be deemed terminated upon receipt by the Operator of the letter or writing, informing him of this cancellation, unless the Operator has fulfilled its obligation in the meantime.
The Client may immediately dissolve the contract if the Operator refuses to provide the services or fails to fulfil its obligation to provide the services on the date or within the time limit indicated to the Client, and if the date or time limit constitutes an essential condition of the contract for the Client, specifically conditions resulting from circumstances involving the conclusion of the contract or following an express request on behalf of the Client prior to entering the contract (Article L216-2 of the Consumer Code).
Article 14. PROOF, PRESERVATION AND ARCHIVING
The Client’s providing the information related to his bank card number online, and, in general, validating the final confirmation of the order placed by the former, constitutes valid proof of the entirety of the transaction in accordance with Article 1366 of the Civil Code, along with the requirement of payment.
This confirmation qualifies as a signature and declares acceptance of all operations undertaken on the online sales site.
The Client must imperatively retain the order confirmation, which serves as the Proof of purchase,and the only document binding in the event of a dispute regarding the terms of the order, notably in the event of verifications during ski lift usage.
In accordance with Article L213-1 of the Consumer Code, for all online orders amounting to at least €120, the Operator keeps a written record of the Client’s order for a period of ten years from the date of execution of the corresponding service, and guarantees the Client access to it at any time during the same period, upon simple request of the latter.
Article 15. INTELLECTUAL PROPERTY
All elements of the Website, tablets and purchase/recharge kiosk machines, which are the property of the Operator, remain the exclusive intellectual property of the latter.
Any reproduction of any element of the above, including any simple or hypertext link, is strictly forbidden, unless the Client obtains express prior authorisation by the Operator.
Article 16. PROTECTION OF PERSONAL DATA
For further information about the protection of personal data, please see the “legal notice” section of the specific sales channel.
Article 17. TRANSLATION – APPLICABLE LAW – SETTLEMENT OF DISPUTES
Should the present Specific Terms and Conditions be drawn up in several languages, it is expressly understood that the French version of the present Specific Terms and Conditions shall be the only legally binding version.
As a result, and in the event of difficulties of interpretation/application of any of the provisions of the present Specific Terms and Conditions, the French version should be expressly and exclusively referred to.
The present Specific Terms and Conditions are subject to French law for all interpretation and application.
In accordance with Article L 211-3 of the Consumer Code, in the event of a disagreement regarding validity, interpretation or application of these terms and conditions, the Client has the right to a free recourse to a conventional mediation procedure, or any other alternative means of dispute resolution. We inform the Client of his right to a process of mediation, conducted by the Tourism and Travel Mediator (MTV Médiation Tourisme Voyage, BP 80303, 75823 Paris Cedex 17, France) according to the conditions stated on the site www.mtv.travel within a maximum of one (1) year from the date the written claim was sent to the Operator.
The Client can also contact the European Dispute Resolution Platform, accessible on the internet at the following address: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR.
In the event of a failure to reach an amicable settlement, the Client can pursue legal action either in a jurisdiction territorially competent under the Code of Civil Procedure, or in the jurisdiction of the location where the Client was present at the time of entering the contract or where the injurious event occurred (Article R. 631-3 of the Consumer Code).
