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 lifts of the ski area of Serre-Chevalier, namely the MTB (Mountain Bike) Passes and Pedestrian Passes and the activities “Mountain Kart”, “All Terrain Scooter and Descent”, and “All Terrain Electric Scooter” (hereinafter referred to as “Summer Activity” and “Summer Activities” sold by the Operator).

The present general terms and conditions shall be applicable from 15 september 2020and valid only for the summer season.

The Terms and Conditions of Use of Passes and Activities valid for the winter 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 has sold 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 industry and for companies whose registered office is located in France.

The acquisition of a Pass and/or a Summer Activity 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.

This proof of purchase mentions, if applicable, the ski area, the category (adult, child, etc.), the date limit of its validity period, and the Keycard number of the ski pass.

-   The “Keycardnumber” inscribed on the physical medium of the Pass.

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) from the Operator.

The Pass is strictly personal and non-transferable.

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

ARTICLE 2. INSPECTION OF PASSES

Each Pass issued on a numbered physical medium shall be used for a predetermined validity period and age category. The information on the physical medium 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 give the Client the right, during the validity period, to free usage of the ski lifts for which the Passes were issued, without any priority whatsoever.

The Pass (accompanied by the proof of purchase, if applicable) must be kept on the User during all transport on each ski lift, from departures through arrivals, so it can be detected by the automatic control system (“hands-free” kiosks) or presented to the Operator.

In case of a 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 User will not be allowed to access the ski lifts and will be obliged to regularise his situation at the closest point of sale.

For Passes obtained at reduced rates or free of charge, the Client must be able to present the relevant justifying documents to the staff.

This staff member is entitled to refuse access to Clients who are not in possession of a Pass or who have an invalid Pass.

In order to be able to use the ski lifts with a Mountain Bike, it must be part of the list of vehicles authorised by the policy regulations of the ski lift(s) concerned (see regulations posted at the departure area of the ski lifts) and the User must be the titleholder of a Mountain Bike Pass.

ARTICLE 3. DEFECTIVE PHYSICAL MEDIUM

User instructions: To facilitate the transmission of information encoded while passing through control 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 physical support must not be bent, torn or placed near a heat source.

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

ARTICLE 4. LOSS OR THEFT OF PHYSICAL MEDIUM CONTAINING PASSES AND/OR ACCESS TO SUMMER ACTIVITIES

In case of loss or theft of a Pass, the User may obtain the issuance of a duplicate from the Operator, subject to the following conditions:

4.1. Declaration of loss andinformation to provide:

Case #1: Users have obtained and paid for the Pass and/or access 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:Users have obtained the Pass from a distributor (i.e. lodging agency, tour operator)

The User must provide the Operator with the Keycard number inscribed on the physical medium of the Pass.

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

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

- Keycard number,

- Acquisition date,

- Method of payment,

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

Please note that the sale of Summer Activities is exclusively sold by the Operator.

4.2.Processing fee

To obtain a duplicate, the User must also pay a processing fee at the fixed rate of ten euros (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 from this point of sale (for the residual duration of the Pass).

PLEASE NOTE: Any Physical medium comprising a Pass (linked to the undated and separate ticket) allowing access to the Summer Activities, which has been declared lost or stolen, 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. The User cannot take 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 User is also required to respect the safety regulations posted at the sites of the Summer Activities, the accompanying pictograms, the rules, as well as all the safety instructions given by the Operator’s staff. Failure to comply will result in the User facing disqualification from the Summer Activity/Activities, with no possibility of obtaining a refund.

The same applies to municipal decrees posted at the Town Hall and at the sites of the Summer Activities.

ARTICLE 6. COVID-19: RESPECTING SANITARY MEASURES AND HEALTH PROTOCOLS (SPECIAL PROVISIONS)

In the context of the state of the health emergency and decree no. 2020-663 of 31 May 2020 in face of the Covid-19 epidemic, the Operator has implemented special provisions that meet regulatory health requirements and informs the User on hygiene and social distancing measures known as “protective measures”.

The User is required to comply with these regulatory prescriptions and sanitary measures.

As such, the User undertakes in particular to comply with the instructions, both written and verbal (and accompanying pictograms if applicable), which will be transmitted to him and given by the Operator and its staff, both before the purchase of the User’s Pass(es), and during the User’s presence in the Serre Chevalier ski area, until the full completion of the service.

ARTICLE 7. PROTECTION OF PERSONAL DATA

Personal data collected during the movement of Users is subject to processing with the purpose of:

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

-               Verifying Passes. This processing is based on the legitimate interest of the Operator to combat fraud.

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

The data collected are kept during the validity period of the Pass(es).

All the data processing mentioned above is carried out under the responsibility of the Operator, represented by Mr Patrick ARNAUD, General Director, 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 these transfers 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, means of physical 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 contacting the representative agent for the protection of data 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 e-mail to the following address: scv.dpo@compagniedesalpes.fr

In the interest of confidentiality and protection of personal data, the Operator reserves the right to demand the Client for verifications of identity before responding to his request. The Operator may also demand that the Client provide a photocopy of an official 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 (French Data Protection Authority), 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 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 service.

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 Operator shall provide notification of the following CO² information regarding transport via ski lift:

The CO²e transport for a Serre Chevalier 1-day Pass is 70 g CO²e, equivalent to a car route of 0.5 km.

The CO²e transport for a Serre Chevalier Pedestrian Pass is 13.99 g CO²e, equivalent to a car route of 0.1 km.

The CO²e transport for a Passage (“RM”) is 7 g CO²e, equivalent to a car route of 0.05 km.

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

For further information, please address inquiries to:

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

ARTICLE 9. 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 shall 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.

All complaints must be addressed to the Operator within two (2) months following the occurrence of the event that resulted in the corresponding complaint, without prejudice to legal channels and statutes for resorting to mediation and/or without pursuing legal action under the conditions defined above.

All complaints must be sent to the following address:

SCV DOMAINE SKIABLE - Place du Téléphérique - Le Serre d’Aigle – Chantemerle- 05330 SAINT-CHAFFREY, FRANCE or to the following internet 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 has the possibility of contacting the Tourism and Travel ombudsman (MTV Médiation Tourisme Voyage, BP 80 303, 75 823 Paris Cedex 17, France) according to the conditions detailed on the website www.mtv.travel.

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

In addition, in accordance with Article 14 of (EU) 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).