GENERAL TERMS AND CONDITIONS OF SALE

OF SKI LIFT PASSES AND ACTIVITIES

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 “Vendor”.

Article 1. AREAS OF APPLICATION

The present general terms and conditions apply to all ski lift Passes (hereinafter referred to as “Pass(es)”) sold by the Vallée des Belleville Operating Company (SEVABEL), which allow access to the ski areas of Les Menuires/Saint-Martin-de-Belleville, or the Vallée des Belleville (area linked to the Val Thorens ski area) or Trois Vallées (area linking the ski areas of Val Thorens, Méribel and Courchevel) namely “VTT” and “Piéton” Passes, and the “Speed Mountain” fun and sports activity (hereinafter referred to as “Activity”).

The present general terms and conditions are applicable from 4th July 2020 and are valid exclusively for the summer season.

The terms of sale of Passes valid for the winter season are defined in a separate document.

The present general terms and conditions are supplemented by the attached General Terms and Conditions of Use of Ski Lift Passes and Activities.

Passes and the Activity cannot be purchased from the Vendor’s web site.

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 acquisition of a Pass and/or purchase of an Activity implies that the person (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, if applicable, Activities and proposed tariffs and to select the most suitable option. The Vendor shall not be held liable for the Client’s choice.

Reminder: These general sales terms and conditions may be subject to modification at a later date, the version that applies to the Client purchase is that which is in force on the day the purchase is made.

ARTICLE 2. GENERAL TERMS AND CONDITIONS OF SALE OF SKI LIFT PASSES

Article 2.1. Description of Passes

The present general terms and conditions specifically apply, without restriction or reserve, to all purchases of Passes sold by SEVABEL:

• In points of sale at the resort;
• From the machines available in some points of sale.

According to the tariff charts referred to in article 2.5, the following are for sale:

• ”Consecutive Hours Passes” for a dated period;
• “Non-consecutive day passes”: their validity period is restricted to seven (7) days. If, at the end of the period, there is a balance of unused days, this will not be carried forward to a future season, refunded or exchanged;
• “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 ski lift. If, when the ski lifts close (including between 12.45pm and 1.30pm), the credit of hour(s) has not been completely used, the remaining hour(s) credit or fraction thereof cannot be carried over to the afternoon or a later date, nor refunded or exchanged.
• Undated Passes, in compliance: their validity period is restricted to the current summer season

With the exception of “Tronçons Pieton” and “3 heures” Passes, 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.

This proof of purchase must imperatively be kept on the Client, who must be able to present it to the Vendor upon demand in case of inspection or in support of requests (e.g. loss or theft of Pass, complaint).

Article 2.2. Physical medium of Passes

The Pass is issued on a physical medium (hereinafter “Physical medium”) mentioning its number, referred to as the “rechargeable card number” and comprising a physical medium with an encoded Pass and proof of purchase.

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).

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.

It will only be possible to register the “Evasion 3 Vallees” extension on winter “season” Passes for Menuires and Belleville and this must be requested from the Vendor'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.

Article 2.3. 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 Vendor 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”).

The Saint-Martin chair lift has an automatic system for photographing the Client. If they wish to, the Client can collect their photo from the terminal at the top of the Saint-Martin chair lift.

Photography constitutes personal data and is subject to regulations, specifically the European 2016/679 regulation of the 27th of April 2016 relating to the protection of individuals with regard to the management of personal data and the free movement of such data.

It is processed so that the Client can obtain it after using the Saint-Martin chair lift (see “Protection of Personal Data”).

Article 2.4. Procedure for using the machines

Machines are for buying and/or recharging the Passes and Activities stated on the machines and are provided for Clients at some sales points. Payment is by card only (Visa, Mastercard) via an automatic payment terminal.

Article 2.5. Tariffs and payment methods

2.5.1. Tariffs

The public tariffs for ski passes are posted at the Vendor’s points of sale. Tariff charts are also available at the points of sale and Tourist Information Offices.

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 complimentary 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 complimentary 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 Vendor.

All reductions are applied on the basis of the “solo or individual adult/child tariff” and cannot to be applied to any other current offer or promotion. 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.

2.5.2. 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 Vendor, 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 Vendor (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 2.6. Interruption of ski lift operation

Only 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 stipulated in article 4.2 below, can give rise to compensation for damage incurred by the Client, title holder of a "multi-day” Pass (excl. Extension 3 Vallée and “season Passes”).

Interruptions do not include official closure days for ski lifts, which can be consulted on the website and at the Vendor’s points of sale.

In this case, the Client can request compensation:

• via the online compensation request form available at https://ticketoski.fr/fr/les- menuires,
• or by going to the sales point in person.

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.

Compensation may take the form of a refund.

Reimbursement is 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 (7) days Pass will be reimbursed for 3/7ths of the purchase price of his Pass.

No compensation will be awarded 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 Vendor in compliance with the procedure defined in Article 4.1 below.

Compensation shall be awarded 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 Vendor may result in compensation. (e.g. no compensation possible from the Vendor for Clients with a “Carte Multiloisirs” issued by SOGEVAB).

Otherwise, please refer to the terms and conditions of sale of the entity that sold the Pass.

Article 2.7. Reimbursement

If Passes issued are unused or not fully consumed because the ski lift service has been interrupted within the meaning of article 2.6 above or the ski lifts have been closed due to a case of force majeure within the meaning of article 4.2 below, they will be reimbursed or exchanged in accordance with the procedures laid down by the said provisions.

In all other instances where Passes issued are not used at all or only partially, they will not be reimbursed or exchanged.

ARTICLE 3. GENERAL TERMS AND CONDITIIONS OF SALE OF THE SUMMER ACTIVITY

Article 3.1. Description of the Activity

The present general terms and conditions specifically apply, without restriction or reservation, to any purchase of the “Speed Mountain“ Activity sold by the Vendor at sales points in the resort or from the machines referred to in article 2.4.

The Activity is a themed toboggan run on rails called “Speed Mountain”. The main features of the Activity are described in the tariff charts available at the Vendor’s sales points and in Tourist Information Offices.

Access to the Activity is non-dated and can be deferred. But an access to the Activity unused by the Client at the end of the season will be lost and will not be reimbursed or exchanged.

Article 3.2. Photography of the client

The Activity has an automatic system for photographing the Client. If they wish to, the Client can view it and buy their photo from the sales point at the Activity.

As such, the Client or the Client’s legal representative agrees to authorise, irrevocably and with their full knowledge, the Vendor’s and/or their assigns’ right to capture, save and publish their image taken during use of the Activity and to exploit the usage rights they hold on the image resulting from use of the Activity.

The photo constitutes personal data and is subject to regulations, specifically the European 2016/679 regulation of the 27th of April 2016 relating to the protection of individuals with regard to the management of personal data and the free movement of such data.

The photograph is processed digitally so that the Client may use it as they wish after using the Activity ((see “Protection of Personal Data”).).

Article 3.3. Physical media

The Activity is supplied via a free physical medium as defined in article 2.2. Clients in possession of such a physical medium and load the Activity onto the physical medium.

Physical media in good working order can be recharged at the sales point of the Activity and via the machines referred to in article 2.4.

Article 3.4. Tariffs and payment methods

Article 3.4.1. Tariffs

The Activity offered by the Vendor is provided at the current prices as advertised in the tariff charts available from the Vendor’s points of sale. Prices are expressed in euros, inclusive of all taxes (TTC).

These prices are fixed and non-revisable during their date validity period. The Vendor reserves the right, outside of this validity period, to modify prices at any time.

Article 3.4.2. Methods of payment

The price is payable in full on the day the Activity is supplied or when the order is made (e.g. purchase of several access passes to the Activity at once, which is deferrable).

The purchase of the Activity does not give rise to the issue of a proof of purchase.

If several access passes to the Activity are purchased, those not used by the Client at the end of the summer season will be lost and will not be reimbursed or exchanged.

Payment is made in euros, either by cheque drawn on a French bank account made out to the Vendor, or in cash within the sum of regulatory limits (cf. articles L112-6 and D112-3 of the Monetary and Financial Code), by bank card accepted by the Vendor or ANCV holiday cheques.

All payments by bank card must be accompanied by the presentation of valid ID in the name of the account holder.

ARTICLE 4. COMMON PROVISIONS

Article 4.1. Complaints

All complaints must be addressed to the Vendor 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 4.5.

All claims must be sent to the following address:

• SEVABEL- Service Accueil-Relation Client - BP 2- Les Menuires - 73442 Les Belleville Cedex, France or by email: sevabel@compagniedesalpes.fr or completed at the following address: https://ticketoski.fr/fr/les-menuires.

Article 4.2. Force majeure

Any instance of force majeure within the meaning of article 1218 of the French Civil Code will lead to the suspension or termination of the contract according to the conditions provided in articles 1351 and 1351-1 of the of the French Civil Code.

Article 4.3. 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 Vendor

Article 4.4. Protection of personal data

Personal data collected during the sale of Passes and the Activity is processed with the purpose of:

• Processing the order. Processing is necessary to execute the sales contract that the Client concludes with the Vendor;
• Sending the Client promotional offers, newsletters, invitations to participate in games or contests and satisfaction surveys. Messages sent by the Vendor are based on the legitimate interest of the latter to develop its activities; messages sent by Les Menuires Tourist Information Office, or by commercial partners of the Vendor 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 Vendor for issuing the Pass is compulsory. Providing other information is optional.

The data processing is carried out under the responsibility of the Vendor, represented by Mr Didier BOBILLIER, General Director, whose contact details are indicated in the header of these General Terms and Conditions of Sale.

The collected data is intended for:

• The Vendor;
• All providers whose involvement is required for carrying out the processing mentioned above;
• - Les Menuires Tourist Information Office, commercial partners of the Vendor 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 Vendor.

The data is kept for the following periods of time:

• - Data collected to process orders for products and services:
• • o If the order is made at the checkout, for five years from when the data is collected;
  • If the order is made electronically, 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 details 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.

Also by exception, 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 given their consent;

• - 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 Vendor;
• - Data collected to respond to requests for information, comments and complaints sent by the Client is kept during the time necessary to process these requests, comments and complaints.

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 Vendor 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 Vendor 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 may exercise these rights by contacting the data protection officer appointed by the Vendor:

• By post to the following address: SEVABEL– Service Protection des données personnelles – BP 2- Les Menuires - 73 442 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 Vendor 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.

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 4.5. 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.

Any complaint must be addressed according to the conditions defined in article 4.1 of the present terms and conditions.

If no satisfactory response or response is received in the period of at least sixty (60) days following the receipt of the written complaint (within a maximum of one (1) year from the date of the written complaint), we inform the Client of the option of 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.travel, The ruling of the Tourism and Travel Mediator is not binding on the parties to the contract.

Additionally, in accordance with article 14 of the EU Regulation (EU) n°524/2013, the European Commission has set up an Online Dispute Resolution Platform, to facilitate independent and out of court settlements of online disputes between consumers and European Union businesses

This platform can be accessed at: https://webgate.ec.europa.eu/odr/.

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 AND ACTIVITIES

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: 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 Société d’exploitation de la Vallée des Belleville (SEVABEL), which allow access to the ski areas of Menuires/Saint-Martin-de-Belleville or the Vallée des Belleville (area linking the ski areas of Val Thorens and Orelle) or the Trois Vallées (area linking the ski areas of Val Thorens, Méribel and Courchevel), namely “VTT” and “Piéton” Passes, and the “Speed Mountain” fun and sports activity (hereinafter referred to as “Activity”).

The General Terms and Conditions of Use of Ski Lift Passes and Activities applicable in the winter season are stated in a separate document.

The present general conditions are supplemented by the General Terms and Conditions of Sale of the entity that engages in the sale of the Passes to the Client.

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 and/or the Purchase of an Activity implies the knowledge and acceptance of the person (hereinafter referred to as the User) of all of the present General Terms and Conditions, without prejudice to the usual avenues of recourse.

IMPORTANT:

The User must retain:

• The proof of purchase issued upon its sale from the Vendor;

The proof of purchase must state the ski area and category (adult, child, etc.), the date limit of its validity period, the rechargeable card number of the ski pass.

• 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 Vendor as well as to support any request (e.g. loss or theft of Pass, complaint regarding the Vendor or another operator of the Trois Vallées area, if applicable).

Reminder: “Tronçons Piéton” and “3 hour” Passes and the purchase of the Activity do not give rise to the issue of a proof of purchase, and may not give rise to a refund for the loss or theft of the said Passes/access.

The Pass is strictly personal and non-transferable. 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 summer piste map and during the ski lift opening hours, posted at the Vendor’s points of sale and/or at the ski lift departure area, subject to weather conditions.

The Pass (accompanied by the proof of purchase) must be kept on the Client 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 Vendor or another operator of the Trois Vallées ski area. These inspectors have the right to such verifications.

If they do not have a Pass, use an invalid Pass or fail to comply with the regulations posted at the start of the ski lifts, the Client may be refused access by the staff of the Vendor, who will be authorised to direct the closest point of sale to remedy the situation.

The same applies to fraudulent use of a Pass (expired, falsified, counterfeit, non-transferable pass used by a third party...), resulting in its immediate withdrawal and, if required, the filing of legal proceedings.

NB MTB passes are not valid on ”Pedestrian” ski lifts.

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 rechargeable medium fail to function or prove technically defective the Vendor, at its cost, will replace the physical medium, from the date of return of the latter to one of the Vendor’s points of sale.

However, after verification, if the defectiveness of the Ski-Card is due to the Client (e.g. disregarding the user instructions), the Vendor 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 Vendor.

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 PHYSICAL MEDIUM, INCLUDING SKI LIFT PASSES AND/OR ACCESS TO ACTIVITIES

The provisions below apply exclusively to Pass es issued by the Vendor.

Therefore, if the lost or stolen Pass was issued by another operator of the Trois Vallées ski area, the request cannot be processed by the Vendor.

The Client 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 Client must file the declaration at a point of sale of the Vendor and present the following documents:

Case #1: For Users having obtained and paid for the Pass directly from the Vendor.

They must provide the proof of purchase (receipt given by the Vendor at the time of the purchase of the Pass if paid for on-site), to justify the request for a duplicate.

Case #2: For Clients having obtained the Pass from SEVABEL on presentation of a card issued by a distributor (e.g. SOGEVAB)

They must provide SEVABEL with the proof and the 23-figure number for the rechargeable card on the physical medium of their pass in support of their request for a duplicate.

4.2. Processing fee

To obtain a duplicate, the Client must also pay a standard processing fee of five euros Including all taxes taxes (€5 incl. all taxes).

4.3. Issuing a duplicate

- Any Pass officially declared by the User as lost or stolen to the Vendor or will be deactivated by the latter and no longer allow access to the ski lifts.

- Subject to regulatory verifications, the same day the declaration of loss/theft is submitted to a point of sale of the Vendor before the closing time of the latter, the Client 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: Duplicates will not be issued for:

• Any Pass with a residual duration of less than one (1) day, declared lost or stolen, regardless of its physical medium.
• Access to the Activity, regardless of physical medium used, declared lost or stolen.

The same applies to other Passes for which the Client cannot provide the information required for duplicate issuance, and the User cannot engage in any legal recourse against the Vendor.

Article 5. RESPECT OF SAFETY REGULATIONS

All Clients 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 Vendor’s staff, subject to a penalty.

The Client is obliged to respect the safety regulations on display at the Activity site, as well as those on the pictograms on display, and any safety guidance given by Vendor staff, subject to penalty.

The same applies to the local ordinances displayed in the town hall and at the Activity sites in question.

Article 6. COMPLIANCE WITH HEALTH MEASURES AND REGULATIONS (SPECIAL PROVISIONS)

In the light of the health emergency and Decree n°2020-663 of 31st May 2020 against the Covid-19 epidemic, the Operator has introduced special provisions in response to the health regulations and is providing information on hygiene and social distancing measures known as “barriers”.

The User is required to comply with these regulations and health measures.

In this regard, the User undertakes to follow written and verbal instructions (and any accompanying pictograms) issued by the Operator and its staff both before buying their Pass(es) and/or Activity/Activities and while they are at Les Ménuires ski area and the service is being provided.

Article 7. PROTECTION OF PERSONAL DATA

User transport:

Personal data of User transport is collected for processing to:

• Enable Users to access the ski lifts. Processing is required for the performance of the transport contract to which the User is party;
• Verification of Passes. The processing is based on the legitimate interest of the Operator to fight fraud.

Data collected is intended for SEVABEL and any service providers involved in the above processing.

Data collected is kept for the period of validity of the Pass.

Photography of users:

Photographs of Users taken during the Activity or when travelling on the Saint-Martin chair lift, and email addresses collected at the terminal at the top of the chair lift will be processed for the purposes of offering the photographs to Users wanting and accepting them, and sending them promotional offers, news bulletins, invitations to take part in games and competitions, and customer satisfaction surveys.

Such processing is carried out with the consent of the User.

Data collected is intended for SEVABEL and any service providers involved in the above processing.

Photographs are kept for a reasonable number of hours, and in any case only until the end of the day.

At the end of this period, the photograph is kept for a further period of four weeks if the User enters their email address at the terminal in order to receive an email for downloading the photograph.

Email address are kept for three years from point of collection. At the end of this period, they are kept for a further period of three years if the User agrees to continue receiving messages from the Vendor.

Users are also likely to be photographed when using ski lifts run by other 3 Vallées operators. The User should therefore contact the operator in question to exercise their rights.

Common provisions:

All the data processing mentioned above is carried out under the responsibility of SEVABEL, represented by Mr Didier BOBILLIER, General Director, whose contact details are indicated in the header of these terms and conditions.

Data may be transferred to countries outside the European Union. The Client may obtain additional information about such transfers and applicable guarantees from SEVABEL.

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, SEVABEL 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 Vendor shall comply with this request, subject to adherence to legal obligations incumbent upon it.

The User may exercise these rights by contacting the data protection officer appointed by the Vendor:

• 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, SEVABEL reserves the option of requesting proof of identity from the Client before responding to his request. They may be asked to provide a photocopy of an identity document, mentioning date and place of birth and bearing his signature.

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: https://www.cnil.fr/fr/plaintes.

In application of Article 90 of Decree no. 2005-1309 of 20 October 2005, the Client can receive the information presented above in written form, upon simple verbal or written request addressed to the aforementioned services.

Article 8. CO2 REPORTING FOR TRANSPORT SERVICES

In application of Article L 1431-3 and D1431-1 to 1431-23 of the Transport Code, the Vendor 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, FRANCE

Article 9. TRANSLATION – APPLICABLE LAW – SETTLEMENT OF DISPUTES

Should there be no satisfactory response or no response whatsoever within a period of at least sixty (60) days following a written complaint (and a maximum of one (1) year of the date of the written complaint), 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.

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 Client has the right to free recourse to a conventional mediation, or any other alternative means of resolving a dispute.

The opinion of the Tourism and Travel Media Mediator shall not be binding on the parties to the contract.

Additionally, in accordance with Article 14 of EU Regulation n°524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating independent and out of court settlement of online disputes between EU consumers and companies.

This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/.

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).