SCV DOMAINE SKIABLE

Simplified joint stock company with capital of 15,012,460.40 €

SIREN (French Company Code) no.: 348 799 529 – RCS (Company Trade Register): GAP

Registered office: Place du Téléphérique - Le Serre d’Aigle – Chantemerle- 05330 SAINT-CHAFFREY, FRANCE

Intra-community VAT no.: FR 41 348 799 529

Telephone no.: +33(0)4 92 25 55 00

E-mail address: sc.clients@compagniedesalpes.fr

Insured for professional liability under the conditions pursuant to Article L220-1 of the Insurance Code, with Allianz IARD - 1, cours Michelet - CS 30051 - 92076 Paris La Défense Cedex, France,

Operator of the SERRE-CHEVALIER ski area,

Hereinafter referred to as the “Seller”.

The present general terms and conditions apply to all ski lift Passes (hereinafter referred to as “Pass(es)”), which allow access to the ski lifts of the Serre-Chevalier ski area, specifically MTB (Mountain Biking) Passes and Pedestrian Passes, as well as the activities “Mountain Kart”, “All Terrain Downhill Scooter” and “All Terrain Electric Scooter” (hereinafter referred to as “Summer Activities”) sold by the SCV DOMAINE SKIABLE.

The present general terms and conditions are applicable from 20 June 2020 and valid exclusively for the summer season.

The terms of sale of Passes and Activities valid for the winter 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 of Summer Activities, and theSpecific Terms and Conditions for Online Sales, attached.

Please note that the Summer Activities are not commercialised online.

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.

Obtaining a Pass and/or purchasing a Summer Activity 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 on the categories and proposed prices of Passes and/or the Summer Activities, and, in both cases, to select the most suitable option(s). Under no circumstance shall the Seller be held liable for the Client’s choice(s).

Reminder: These general conditions of sale may be subject to subsequent modifications; the version applicable to the purchase of the Client shall be the version in effect on the day of entering into the contract.

Article 2.1. Description of Passes

The present General Terms and Conditions apply specifically, without restriction or reservation, to any purchase of Mountain Biking Passes and/or Pedestrian Passes sold by the SCV DOMAINE SKIABLE:

-  At the points of sale of the ski resort

- On certain skibadge automated machines (Chantemerle)

- Online atwww.skipass-serrechevalier.com(hereinafter referred to as “Website”).

The duration of a Pass expressed in days implies “consecutive days” of a dated period.

All Passes are issued with dates except for the “Season” Pass.

Also available for purchase: “Non-consecutive days passes” and “Short-term passes” (duration less than or equal to half a day) conforming to the price lists referred to in Article 2.4.1.

It is stipulated that:

- Regarding “Non-consecutive days Passes”: Their validity period is specified on the price lists displayed at points of sale and determined at the time of purchase. If, at the end of the validity period, this day credit is not completely used, it cannot be carried over, refunded or exchanged.

- Regarding “Half-day passes”: Their validity period is defined on the price lists displayed at the points of sale and determined at the time of purchase.

IMPORTANT:

The issuance of a Pass results in a proof of purchase, which states the ski area and category (adult, child, etc.), the date limit of validity, the Keycard number of the ski pass, except for Pedestrian Passes (“Ascent or Descent 1 section”, “Ascent or Descent 2 sections”, “Return 1 section”, “Return 2 sections”), and the MTB Pass (“Ascent, 1 or 2 sections”).

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

Article 2.2. Physical medium of Passes

The Pass is issued on a Physical medium (hereinafter referred to as “Physical medium”) that contains its number, called a “Keycard number”. The Pass is composed of a Physical medium that incorporates a ski pass and, if applicable, a proof of purchase.

Passes are exclusively issued on a rechargeable card encoded with a chip, called the “Keycard/Serre Chevalier Card”, and allow activation of the turnstiles at access points of the ski lifts.

This Physical medium is issued free of charge by the Seller when an order for Passes is placed at points of sale or certain automatic kiosks (Chantemerle).

A new ski pass can be registered on a Physical medium, even if the pass originally encoded on the Physical medium has not been completely consumed. Please note that the validity dates of the new Pass must be different from the validity dates of the initially encoded Pass.

The titleholder of a Physical medium does not benefit from any reduction on the price of the ski pass if it was recharged.

Article 2.3. Photograph of the client

The sale of any type of “season” Pass is subject to the Client submitting or taking a recent identification photo, displaying the frontal view of the Client’s face, without sunglasses nor head covering.

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 that the Client has given prior consent (see “Protection of Personal Data” below).

Article 2.4. Tariffs and payment methods

     2.4.1 Tariffs

The public tariffs for ski passes are posted at the Seller’s points of sale and on the Website. Tariff lists are also available at the points of sale and Offices of Tourism. These tariffs are expressed in euros per person and are inclusive of all taxes; they are established based on taxes in force and are subject to modification(s) in case of variations in applicable tax rates.

Discounts or complimentary products are offered to various categories of persons according to the conditions posted at points of sale or on the Website. These discounted or free products are issued upon presentation of official ID documents at the time of purchase to justify the special rate. No photocopies of ID will be accepted. No discounts or free products will be granted after purchase.

All discounts will be applied based on the “solo or individual adult rate” and cannot be combined with any other offer or promotion in progress.

In all cases, the age of the Client shall be determined by the person’s age on the day of the beginning of the validity of the Pass to be issued.

     2.4.2 Methods of payment

All Passes issued 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 Seller, 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 Seller, or by vouchers of the ANCV (French National Holiday Voucher Agency) or by traveller’s cheque.

For all payments by bank cheque, the presentation of a valid identity document matching the name of the chequebook holder is required.

Article 2.5. Modalities of use of automated machines

Automated machines, also known as “self-service kiosks”, allow the purchase and/or recharging of only the Passes mentioned on the machines and are made available to Clients at certain points of sale. Payment can only be made by bank card via an automatic payment terminal.

Only certain Passes without photograph and purchased at the public rate can be issued by these automated machines.

Article 2.6. Refunds

In the event that the Passes issued are not used or not fully consumed due to the closure of the ski lifts as a result of force majeure as defined by Article 4.2 below, the Pass(es) will be refunded or exchanged by the Seller according to the terms outlined in the mentioned provision.

In all other cases, if the Passes issued are unused or not fully consumed, they cannot be refunded or exchanged.

Article 3.1. Description of Summer Activities

The present general conditions apply specifically, without restriction or reservation, to any purchase of Summer Activities sold by the Seller, from 4 July 2020 and for the duration of the summer season, namely:

- The “Mountain Kart” Summer Activity, providing access to an ascent on the Ratier Gondola and the Combes ski lift and a descent on the Ratier Gondola, consisting of a fun descent activity on a three-wheeled “mountain kart”, including the rental of a helmet. Wearing a helmet is compulsory and the minimum height required to participate is 1.35 metres.

- The “All Terrain Scooter Descent” Summer Activity, providing access to an ascent on the Ratier Gondola, consisting of a fun downhill activity on an all-terrain scooter, including the rental of the scooter and the provision of a helmet. Wearing a helmet is compulsory and the minimum height required to participate is 1.40 metres.

- The “All Terrain Electric Scooter” Summer Activity, providing access to a return trip on the Ratier Gondola, consisting of a fun activity on an electric scooter on the trail, including the rental of the scooter and the provision of a helmet. Wearing a helmet is compulsory and the minimum height required to participate is 1.40 metres. The Client certifies having insurance covering the risks inherent to the rental of the electric scooter. The usage of the electric scooter is subject to the Client providing a copy of an official identity document. Also, as a guarantee to the Seller, a deposit of five hundred (500) euros must be provided by the Client (bank imprint). No debit will be made, unless the Seller deems that the electric scooter has not been returned by the Client in the same condition as when it was made available to the Client (breakage, accident, material deterioration due to Client use, etc.). The Client’s bank card may then be debited for the cost of the resulting necessary repairs. In case of non-return of the electric scooter (loss, misuse, theft, accident rendering the scooter unusable), the cost of the electric scooter will be billed in full to the Client.

Please note that the Client can purchase a pack from the Seller, which includes the “Mountain Kart” and “All Terrain Scooter Descent” Summer Activities.

The Summer Activities are sold exclusively at the Chantemerle point of sale and at the arrival of the Ratier Gondola. The Client may buy or order one or several tickets to access these Summer Activities.

The conditions of access and the main characteristics of the Summer Activities are presented in the price lists available at the Seller's points of sale, Offices of Tourism and on the website www.serre-chevalier.com.

Access to the Summer Activities are non-dated and can be used at a later date until the end of the ongoing Summer Season.

Moreover, access to the Summer Activities not used by the Client by the end of the Summer Season will be lost and will not be refunded or exchanged.

It is specified that the titleholder cannot benefit from any reduction on the price of the Summer Activities and cannot rent equipment separately; all rental equipment being indivisible from the Summer Activities.

Article 3.2. Physical medium

The Summer Activities are issued on a free Physical medium, as defined in article 2.2, including a non-dated Pedestrian Pass, associated with a non-dated and separate ticket allowing access to the Summer Activity concerned.

A Physical medium in good working condition can be recharged online or directly at the points of sale referred to in article 3.1.

Article 3.3. Refunds

The Summer Activities not used or completely consumed by the Client at the end of the Summer Season will be lost and will not be refunded or exchanged.

Article 3.4. Tariffs and methods of payment

                3.4.1 Tariffs

The Summer Activities are offered by the Seller at the applicable tariffs on the price lists available at the Seller's points of sale, Offices of Tourism and on the website www.serre-chevalier.com. The prices are expressed in euros, all taxes included.

These prices are fixed and cannot be modified during their period of validity, but the Seller reserves the right, outside this period of validity, to modify the prices at any time.

3.4.2 Methods of payment

The price is payable in full, on the day the relevant Summer Activity is held, and, if applicable, when placing the order.

It is specified that the sale of a Summer Activity results in the issuance of a proof of purchase.

These payments are to be made in euros, either by cheque drawn from a French bank account, payable to the order of the Seller, or in cash within the regulatory limits (see Articles L112-6 and D112-3 of the Monetary and Financial Code), by a bank card accepted by the Seller, or by vouchers of the ANCV (French National Holiday Voucher Agency).

Clients are reminded that for all payments by bank cheque, the presentation of a valid identity document matching the name of the chequebook holder is required.

Article 4.1. Complaints

All complaints must be addressed to the Seller within the period of two (2) months following the beginning of the occurrence that prompted the complaint, without prejudice to recourse and statutory time limits to pursue mediation or legal action as defined in Article 4.5.

All claims must be sent to the following address:

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

Article 4.2. Force majeure

Any event of force majeure as defined in article 1218 of the Civil Code will result in the suspension or termination of the contract under the conditions provided for in articles 1351 and 1351-1 of the 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 Seller.

Article 4.4. Protection of personal data

Personal data collected during the sale of ski Passes and/or Summer Activities are 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 Seller

- Sending the Client promotional offers, newsletters, invitations to participate in games or contests and satisfaction surveys. Messages sent by the Seller are based on the legitimate interest of the latter to develop its activities; messages sent by the Office of Tourism of Serre Chevalier or by commercial partners of the Seller and 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.

Providing all the data requested by the Seller for the sale of the Pass is compulsory. Providing other information is optional.

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

The collected data are intended for:

                - The Seller

-  All providers whose involvement is required for carrying out the processing mentioned above

-The Serre Chevalier Office of Tourism, commercial partners of the Seller 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 Seller.

The data are kept for the following periods of time:

- Data collected to process orders of products and      services:

• If the order was placed at a cash register, for five years from time of collection of data
• If the order was placed online, for five years from time of collection of data if the amount of the order is less than 120 €; for ten years if the order placed is equal to or greater than 120 €.

By exception, the number and expiration 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.

However, also by exception, photographs collected in the context of the purchase of a Pass with photograph are kept for three years from the date of collection, in order to facilitate reissue of the Pass from one season to another, provided that the Client has given prior consent.

- Data collected to send the Client newsletters, satisfaction surveys and promotional offers are kept for three years from the time of collection. At the conclusion of this period, these data are retained for a further period of three years if the Client agrees to continue to receive newsletters, satisfaction surveys and promotional offers from the Seller.

- Data collected to respond to requests for information, comments and claims sent by the Client are kept for the duration of 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, loss, accidental alteration, unauthorised disclosure or unauthorised access, the Seller has implemented appropriate technical and organisational measures, in accordance with applicable legal provisions. To this end, it has implemented technical measures (such as firewalls) and organisational measures (such as a username/password system, means of physical 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 the data transferred to a third party, to impose a limitation of usage or refuse usage of the data. The Seller shall consent to this request, subject to compliance with legal obligations incumbent upon it.

The Client reserves 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 contacting the data protection officer designated by the Seller:

- 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

In the interest of confidentiality and the protection of personal data, the Seller reserves the right to ask the Client for proof of identity before responding to his request. The Client may thus be asked to produce a copy of an identity document mentioning his date and place of birth and bearing his signature.

Finally, the Client has the right to file a complaint with the CNIL if he 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 – Phone: +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 n° 2005-1309 of 20 October 2005, the Client can receive the information presented above on a written support, by a simple oral or written request to the aforementioned entity.

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 ongoing 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, 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 general terms and conditions are subject to French law for all interpretation and application.

Pursuant to the provisions of article L 211-3 of the Consumer Code, in the event of a dispute relating to the validity, interpretation or execution of these conditions, the Client may have free recourse to a conventional mediation procedure or any other alternative method of dispute resolution.

All complaints must be filed according to the conditions detailed in article 4.1 above.

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 Client has the possibility of referring to the Tourism and Travel Ombudsman (MTV Médiation Tourisme Voyage, BP 80303, 75823 Paris Cedex 17, France) according to the conditions outlined 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 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 into the contract or where the injurious event occurred (Article R. 631-3 of the Consumer Code).