The present general terms and conditions apply to all ski lift Passes (hereinafter referred to as “Pass(es)”) which allow access to the ski area of Serre-Chevalier sold by the SCV Domaine Skiable and all recreational and athletic activities sold by the Seller other than the sale of Passes (hereinafter referred to as “Activities”).

 

The present general terms and conditions shall be applicable from 13 October 2021 and valid only for the winter season.

 

The general terms and conditions of use valid for the summer season are defined in a separate document.

 

The present general conditions are supplemented by the General Terms and Conditions of Sale of the entity that concluded the sale of the Pass to the User.

 

Should any provision herein be found lacking, it shall be considered governed by the current practices in force in the ski lift/ leisure activities industry and for companies whose registered office is located in France.

The acquisition of a Pass and/or the purchase of an Activity implies that the individual (hereinafter referred to as “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 sale issued upon its purchase from the Operator.

 

This proof of sale mentions the ski area, category (adult, child, etc.), the date limit of its validity period, the support number of the ski pass and, if applicable, any insurance subscription.

 

-   The “Supportnumber” inscribed on the physical support of the Pass, if purchased from a Distributor.

 

These justifying elements will be requested in the event of an inspection by the Operator, as well as to support any request (e.g., rescue, loss or theft of Pass, complaint) by the Operator.

 

All Passes are strictly personal, non-lendable and non-transferable, excluding "3-hour" Passes (not including "3-Hour" Passes that benefit from a reduction or are issued to the titleholder free of charge).

The User is therefore responsible for retaining his Pass to ensure it cannot be used by a third party.

REGARDING THE PASSES

Each Pass, issued on a numbered support, shall be used for a predetermined validity period and age category. The information on the support regarding the validity of the Pass has no contractual value. Only the information contained on the electronic chip of the support 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 piste map for the ongoing winter season and during the ski lift opening hours, as displayed 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 a proof of sale) must be kept on the User during all transport via ski lift, from departures through arrivals, to enable detection by the automatic verification system or presentation upon request to any Inspector, duly appointed by the Operator.

Should a sworn inspector assert 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, this offender can regularise the situation through an immediate transaction of payment of a lump sum in addition to any 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 Code of Tourism and Articles 529-3 et al. of the Code of Criminal Procedure).

These sworn inspectors can demand the presentation of documents justifying the special rate granted to the User Pass-holder in case of a reduced price or a free Pass.

If the offender is unable or unwilling to pay the sum immediately required and thus refuses the proposed transaction, a report of the offense will be established by the sworn inspector. In the absence of immediate payment, the inspectors have the right to verify the offender's identity and address.

If the offender refuses or is unable to justify his identity, the sworn inspector shall immediately report the fact to any judiciary police 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.A lump sum receipt will then be issued.

The offender has a limited time, as provided by law:

-  To pay the amount of the transaction which includes:

o Any amount due for the ski Pass

o The lump sum payment

o The administrative fees, in accordance with the provisions of article 529-4 of the Code of Criminal Procedure

-  Or to address a letter of contestation to the Operator.

 

If the payment is not completed 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, the fraudulent use of a Pass (a pass that is expired, falsified, counterfeit or a non-transferable pass used by a third party...) shall result in its immediate withdrawal and, if necessary, the filing of legal proceedings.

REGARDING THE ACTIVITIES

Access to an Activity is contingent upon the presentation of the QR Code sent by e-mail at the time of the Client’s purchase (on paper or on the Client’s smartphone) at the start of the Activity, on the date and time of the reservation.

Failing this, access will be refused, without any possible recourse by the User against the Operator. 

User instructions: To facilitate the transmission of information encoded while passing through verification terminals, the Pass must be worn on the left side and, preferably, separate from a mobile phone, keys and any item made wholly or partially of aluminium.

 

The support must not be bent, torn, or placed near a heat source.

 

Should the support fail to function or prove technically defective, the Operator, at its cost, will proceed to replace the support, from the date of its return to one of the Operator’s points of sale.

However, and if after verification, the defectiveness of the support is attributable to the User (e.g., failure to comply with the user instructions), the Operator will invoice the User for the processing costs provided for in Article 4.

FOR THE ACTIVITIES

No duplicate can be issued if the QR CODE associated with the Activities is lost or stolen.

NB:The QR Code implies that only one person is allowed accessduring the inspection process. The first person to present the code is therefore presumed to be the sole legitimate bearer and will be the only one allowed to access the Activity, without any possible recourse by the User against the Operator.

FOR THE PASSES

In case of loss or theft of a Pass with a residual duration of more than three (3) hours, the User may obtain the issuance of a duplicate from the Operator, subject to the following conditions:

Declaration of loss andinformation to provide:

Case no. 1For a User having obtained and paid for his Pass directly from the Operator:

The User must provide the proof of sale (receipt given by the Operator at the time of picking up the Pass on-site, or a copy of the order confirmation if paid for online), to justify the request for a duplicate.

Case no. 2For a User having obtained his Pass from a distributor (i.e., accommodations agency, tour operator):

The User must provide the Operator with the support number inscribed on the support of the Pass.

This User, having no proof of sale issued by the Operator, must imperatively record and keep this number upon the issuance of the Pass by the distributor.

The User must then declare the loss at one of the Operator's points of sale, indicating the following information:

- Support number

- Acquisition date

- Method of payment

- Dates and duration of validity of the lost or stolen Pass.

4.1.Processing fee

 

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).  

4.2. Issuing a duplicate

 

-  Any Pass 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 verifications of use, 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 retrieve a duplicate (valid for the residual time of the Pass) from this point of sale.

 

PLEASE NOTE: A duplicate cannot be issued for:

• Any Pass with a residual duration of less than or equal to three (3) hours declared lost or stolen

 

• Any Pass for which the User cannot provide the information required for duplicate issuance, and, in such a case, the User cannot take any legal recourse against the Operator.

 

All Users are obliged to respect the safety rules relating to ski lift transport, 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 on ski slopes and 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).

 

 

 

The User and/or those accompanying him must be aware of the conditions of access (e.g., minimum age and/or height) and the safety rules relating to the Activities (e.g., municipal by-law, regulations), which are displayed at the points of sale and/or at the departure of the Activities and/or on the Website, in order to assess their aptitude to participate in the Activities.

 

The User is required to comply with the above conditions and rules, any pictograms that supplement them, as well as any safety instructions given by the Operator's staff, under penalty of refusal of access and/or sanction.

 

NB: Minors must be placed under the responsibility of their parents or the persons to whom they have been entrusted.

 

In line with current legislation and regulations in the fight against Covid-19, the Ski Area Operator has implemented a number of special provisions to meet regulatory health guidelines and is sharing information about the hygiene and social distancing measures that are in place.

The User must respect all of the regulatory health guidelines and hygiene measures as soon as they come into effect. For more information, please check the applicable health protocol ^[1].

Masks must be worn by anyone from the age of 11 and above (recommended for the 6 to 11 year olds), on all ski lifts (including queues). Users must wear an approved mask – this can be either a surgical mask or a class 1 medical mask (AFNOR certified SPEC S76-001). Neck warmer masks can be used as long as they provide filtration and meet the same authorised standards.

From December 4th 2021, the health pass will be compulsory for anyone aged 12 and above. In line with applicable regulations, anyone who does not comply, and who is unable to show a valid health pass during checks will not be allowed to use the ski lifts. French government decisions may evolve according to the health situation.

The User must respect all written and verbal instructions (as well as any additional pictograms) given by the Ski Area Operator and their employees, both before purchasing their skipass(es), and during their time on the ski area.

 

 

Within the context of current legislation and regulations in face of the Covid-19 epidemic, the Operator has put into place specific provisions that meet regulatory health standards and communicates information on hygiene and social distancing practices, known as “Protective Measures”.

 

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

 

As such, the User undertakes in particular to comply with the instructions, written and/or verbal (and any pictograms supplementing them, where applicable), which will be transmitted to him and communicated by the Operator and its staff, before the purchase of his Pass(es) and/or Activity (Activities), during his presence in the Serre Chevalier ski area, until the full completion of the service.

 

User transport:

Personal data collected for User transport are subject to processing, for the purpose of:

 

                - Allowing Users to access the ski-lifts. This processing is necessary for the execution of                the contract of transport to which the User     is a party:

• Verifying the Passes and/or access to the Activities. This processing is based on the legitimate interest of the Operator to fight fraud.

The data collected are intended for the Operator and all service providers whose intervention is necessary to carry out the processing mentioned above.

The data collected are kept for the duration of validity of the Pass and/or the Activity.

Inspection of Passes:

The personal data collected by the sworn Inspectors during Pass verifications are the subject of processing whose purpose is to:

- Verify that the User is the titleholder of a valid Pass

- In the absence of a valid Pass, establish an infraction report, obtain payment of the lump-sum indemnity due for the offence (if necessary, in the context of legal action) and determine whether the repeated offense, punishable by Article L. 2242-6 of the Transport Code, is constituted.

The processing is based on the legitimate interest of the Operator to fight fraud.

Providing all the information collected by the Operator for the treatment operations mentioned above is mandatory.

The data collected are intended for the Operator and, where appropriate, exclusively prosecution authorities.

 

They are kept until payment of the lump sum indemnity is completed. In the absence of payment, and therefore in the event of legal proceedings, the data are kept for 12 months following the establishment of the offense report or until the date on which the conviction becomes final, should this date occur later.

 

Rescue operations:

 

The personal data collected on the rescue file during the intervention of the first-aid ski patrol for a User are subject to processing intended for the administrative follow-up of the accident, the invoicing of any expenses of assistance and the handling of any dispute that may arise.

This data processing is based on the legitimate interest of the relevant municipality or municipalities, which authorised the Operator to implement a rescue patrol covering the ski area and to recover the related costs.

 

The data collected are intended for the Operator and the public authority responsible for invoicing and collecting emergency costs, the Gendarmerie (in the context of an investigation following an accident), the respective insurers of the Operator and the User, and health services providing care to the User.

 

The data collected are kept for the time necessary to complete the above-mentioned purposes.

 

Common provisions:

All the data processing operations mentioned above are carried out under the responsibility of the Operator, represented by Mr Patrick Arnaud, in his capacity as General Director and whose contact details are indicated in the header of these General Terms and Conditions of Use.

 

All the data may be transferred to a non-member country of the European Union. The User 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 them transferred to a third party, to impose a limitation of their usage or refuse their usage. The Operator 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 designated by the Operator:

- By postal letter sent to the following address: SCV Domaine Skiable – D.P.O – Place du Téléphérique, le Serre d’Aigle – 05330 SAINT CHAFFREY – FRANCE, or

-  By sending an email to the following address: scv.dpo@compagniedesalpes.fr

 

For the sake of confidentiality and the protection of personal data, the Operator reserves the right to ask the User for proof of identity before responding to his request. The latter may therefore be asked to produce a copy of a valid identity document mentioning his date and place of birth and bearing his signature.

Finally, the User has the right to file a complaint with the CNIL, if the User 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 147 of Decree no. 2019-536 of 29 May 2019, the User can receive the information presented above in physical written form, upon simple verbal or written request addressed to the aforementioned service.

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 CO²e information regarding transport service via ski lifts:

The CO²e transport for a Serre Chevalier 1-day Pass is 62 g CO²e, equivalent to a car route of 0.44 km.

 

The CO²e transport for a Serre Chevalier Pedestrian Pass is 12.99 g CO²e, equivalent to a car route of 0.09 km.

 

The CO²e transport for a Passage (“RM”) is 6 g CO²e, equivalent to a car route of 0.04 km.

 

Method of calculation: 6g CO²e / kwh / 100% renewable energy / diesel fuel car 140 g/km (class C, current average).

 

For further information, please address any questions to:

SCV DOMAINE SKIABLE- Service Gestion des Risques et Développement Durable - Place du TELEPHERIQUE - Le Serre d’Aigle – Chantemerle - 05330 SAINT CHAFFREY– FRANCE

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, the French version shall be expressly and exclusively referred to in the event of difficulties of interpretation/application of any of the provisions of the present general terms and conditions.

 

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 the validity, interpretation or application of these terms and conditions, the User has the right to free recourse to a conventional mediation procedure or any other alternative means of dispute resolution.

 

All complaints must be addressed to:

SCV DOMAINE SKIABLE - Place du Téléphérique - Le Serre d’Aigle – Chantemerle- 05330 SAINT-CHAFFREY – FRANCE or via the internet at the address https://www.ticketoski.fr/fr/serre-chevalier.

 

Failing a satisfactory answer or in the case of an absence of response within a period of a minimum of sixty (60) days following this written complaint (and within a maximum period of one (1) year from this written complaint), the User is informed of his right to a process of mediation by the Tourism and Travel Mediator according to the conditions detailed on the website www.mtv.travel/.

 

The opinion pronounced by the Tourism and Travel Mediator is not binding on the parties to the contract.

 

In addition, in accordance with Article 14 of the UE Regulation No. 524/2013, the European Commission has made available an Online Dispute Resolution platform, facilitating independent settlement through extra-legal means of online disputes between consumers and professionals of the European Union.

 

This platform is available 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).