SPECIAL CONDITIONS FOR DISTANCE SALES OF SKI LIFT PASSES (2015-08 version)

S.E.C.M.H.  Société Anonyme with capital of 1.392 590 Euros

Entered in the ANNECY Trade Register under n° 1956 B 800 20 ANNECY

Intracommunity VAT n°: FR 74 605 620 202 00016

Registered office: 604, route des Moranches  74170 Les Contamines-Montjoie 

Phone:+ (33) (0)4.50.47.02.05  Email: info@lescontamines.net

1 – GENERAL INFORMATION

The placing of an order implies the acceptance  of these special conditions of distance sale by the person hereinafter referred to as the “Customer”.  In the absence of a provision, it shall be considered to be governed by currently prevailing practices in distance selling for companies with their registered office in France.  These conditions complete the “General Conditions of Sale and Use” of the ski lift passes displayed in all sales outlets and online on the website.The characteristics of the various ski lift passes offered for sale (geographic scope, period of validity, etc.)are presented in the price list that can be consulted in sales outlets and on the aforesaid website.  The aforesaid online sale offers the possibility of ordering and purchasing ski lift passes.Customers can choose between topping up their ski lift pass on the website http:/www.lescontamines.net and receiving it by post at their home address.  The contractual information is presented in French.

These conditions solely concern natural persons who are not merchants.

2 – CONDITIONS OF USE

The distance purchase of ski lift passes is subject to these special conditions and the general conditions of sale and use of ski lift passes downloadable from the following website:http://www.lescontamines.net.  The price list can be consulted on the website http://www.lescontamines.net.The prices are in Euros, inclusive of all tax, with VAT at the rate applicable on the day of the order.

3 - OPERATOR

The operator of Les Contamines ski domain isSECMH – 604, route des Moranches – 74170 Les Contamines-Montjoie.Any request for information must be sent toSECMH – 604, route des Moranches – 74170 Les Contamines-Montjoie.info@lescontamines.net

4 – HOW TO ORDER

A ski lift pass is purchased remotely by an online order placed on the website http://www.lescontamines.net.  The order may only be recorded on the website “http://www.lescontamines.net” if the customer is clearly identified:

• by entering his/her access code (login + password) which is strictly personal,

• or by filling in the online form in order to be allocated the access code.

To finalise the order, the Customer must accept these conditions and the general conditions of sale and use of the ski lift passes.   In compliance with article 1369-5 of the Civil Code:the Customer has the possibility of checking the details of his/her order and its total price, and correcting any errors before confirming the aforesaid to indicate his/her acceptance.

The SECMH will confirm the order by email.

5 – ONLINE TOPPING UP

The ski lift pass issued on a card may be topped up according to the products proposed by the SECMH on the website http://www.lescontamines.net.    When the ski lift pass is sent to the customer’s home address, the order must be placed no less than ten days before the first day of skiing.On the other hand, in the case of topping up, when no minimum notice is required, the purchase is immediate.  The pass will be automatically validated when the Customer first passes through the hand-free access gates of the Contamines-Montjoie resort.Only the information contained in the ski pass memory chip is good evidence.The payments are made in Euros by an online payment gateway; the conditions are specified in article 6.

6 – PRICES, AND TERMS AND CONDITIONS OF PAYMENT

The prices indicated are prices including all tax in Euros taking into account the VAT rate applicable on the day of the order.The order must be paid when it is placed and the payments must be made in Euros.The payments are made by debit/credit card (Eurocard, Master Card).  It is specified that the payment by credit/debit card is secure via the Banque Populaire des Alpes in collaboration with Systempay which guarantees the confidentiality of the payments.The payment is made by an online payment gateway with immediate payment.The SECMH does not, at any time, have access to the numbers that the Customer must provide.  The SECMH is only notified by the banking establishment that a transfer corresponding to the amount of the order has been made into its account.If the ordered ski lift pass is sent to the Customer’s home address, postage is free of charge.  The Customer will receive an acknowledgement of receipt.

For a season or year skipass purchased online on www.lescontas.skis before November 30th, you have the option to pay in two installments free of charge : 50 % at purchase and 50 % 30 days later.

The SECMH reserves the right to block the use of a skipass in case of non-payment.

The SECMH also reserves the right to cancel any order of a customer with whom would exist a dispute concerning the payment of a previous order.

7 – ORDER CONFIRMATION

The orders paid and confirmed shall be those approved by the bank.  If the Customer’s bank refuses to authorise the debit to the Customer’s account, the order process shall be cancelled and the Customer shall be notified.   When the order has been concluded on the website http://www.lescontamines.net and confirmed by the Customer, the SECMH shall acknowledge receipt of this order by an email summarising the details of the reservation that the Customer must present for any subsequent requests.

8 – DELIVERY OF THE SKI LIFT PASSES AND WITHDRAWAL OF THE ORDER

The Customer may choose between:

• Receiving delivery at the address that he/she has indicated for this.Except in the case of force majeure, the operator SECMH undertakes to deliver the ski lift passes by post at least ten days before the first day of validity of the ski pass for addresses in mainland France, and one fortnight for overseas addresses and addresses in French overseas Départements or Territories (DOM TOM) (the post office stamp is good evidence). 
• Or withdrawing the ski lift passes from the SECMH cash desk, Montjoie cash desk, 5 days or more after purchase, taking into account the opening hours of this sales outlet.The Customer shall then be required by the operator SECMH to present a copy of the acknowledgement of receipt and a currently valid official identity document.  Failing this, the ordered ski lift passes shall not be issued.The ordered pass(es) shall then be given to the Customer, subject to the latter signing a receipt (except in the case of online topping-up).

The ski lift passes purchased remotely may be sent by post to the address indicated by the customer.If the Customer chooses this option, in compliance with articles L138-1 and following of the Consumer Code, for any order, the SECMH shall inform the Customer of a time limit for delivery of the ski lift passes (one fortnight).   If the passes do not reach the Customer before his/her departure, at the latest thirty days after the order was concluded, the Customer shall have the possibility of going to one of the SECMH cash desks, with his/her purchase confirmation, to withdraw new ski lift passes:

• if, after giving notice, according to the same procedure, to the SECMH to provide the service within a reasonable time limit, the latter has not performed within this time limit.

• immediately if the date is an essential element for agreement.The refund must be made at the latest 15 days after the date of cancellation of the sale under threat of an increase.The SECMH shall not be held liable in the case of force majeure or disruption, or total or partial strike in postal services, means of delivery or carriage.

9 – NO RIGHT TO WITHDRAW

In application of article L121-16-1-9 of the Consumer Code, the right to withdraw, specified in article L121-21 and following of the Consumer Code, does not apply to passenger transport contracts. 

10 – ORDER CANCELLATION AND MODIFICATION

When the ski lift pass order has been confirmed by the Customer, the ordered pass may not be refunded, taken back or exchanged.Likewise, no modification shall be made to the order.

11 – LIABILITY AND GUARANTEES

The SECMH shall only be bound by an obligation of means for all the online sales access stages.     The liability of the SECMH shall not be incurred for any inconvenience or damage inherent to the use of the Internet network, notably service failure, external intrusion or the presence of a computer virus and generally any other incident expressly described by case law as a case of force majeure.  The Customer declares to know the characteristics and limits of the Internet, in particular its technical performances, the response time for consulting, interrogating or transferring data and the risks linked to the security of communications.

12 – FORMS OF EVIDENCE

The online supply of the debit/credit card number and generally the final confirmation of the order by the Customer are valid as good proof of the entirety of the transaction in compliance with the provisions of law 2000-230 of 13 March 2000 and the payability of the price.  This confirmation is valid as signature and express acceptance of all the transactions accomplished on the online sales module.The Customer must keep the order email, which is the only document considered good evidence in the case of a dispute concerning the terms of the order, notably at the time of an inspection on the ski lifts.The information relating to the validity of the transport pass on the card has no contractual value.

13 – PROTECTION OF PERSONAL INFORMATION

All the bank information requested from the Customer when the latter places the order is protected by an SSL-certified encryption procedure   The processing of personal information stemming from the sale on this website has been duly declared to the CNIL French data protection body.The information that the Customers communicate on the web site allows the SECMH to process and execute the orders placed on the website.  In compliance with the Data Protection Law of 6 January 1978, modified in 2004, the SECMH informs the Customer on the use that is made of the personal information, notably of the possibility of sending him/her commercial offers and communications concerning life at the resort through the SECMH.  The customer benefits from a right to access and rectify information concerning him/her that may be exercised by sending an email tohttp://www.lescontamines.net  The customer may also, for legitimate reasons, oppose the processing of information concerning him/her.

14 - ARCHIVING

Orders are archived by the SECMH commercial department in compliance with article L134-2 of the Consumer Code.In these conditions, the Customer may thus access his/her archived order by making the request in writing to the said department at the above address.

15 –  TRANSLATION AND APPLICABLE LAW – SETTLEMENT OF DISPUTES

In the event that these Special Conditions of Distance Sale are drawn up in several languages, it is expressly agreed that the French version of these Special Conditions of Distance Sale (SCDS) are the sole considered to be good evidence.Consequently, in the case of difficulty in interpreting/applying any one of the provisions of these SCDS, reference shall solely and expressly be made to the French version.  These SCDS are subject, both for their interpretation and implementation, to French law.

Disagreements that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract shall be subject to mediation (conciliation).  The parties to the contract remain free to accept or refuse recourse to mediation (conciliation).The parties to the contract shall by joint agreement designate a qualified, independent, neutral and impartial person.The solution proposed by the mediator (conciliator) is not imposed on the parties to the contract.Failing amicable settlement, the dispute shall be referred before the competent courts.