TERMS AND CONDITIONS

MERIBEL ALPINA
    
SAS (Simplified Joint Stock Company) with a capital of €3,287,169.01
Chambéry RCS (Trade and Company Register) No. 075 520 064
Headquarters: Les Allues – 73 550 MERIBEL LES ALLUES, France
Postal Address: 350 Route de Mottaret – 73 550 Méribel, France
VAT No.: FR 20 075 520 064
Tel No: +33 (0) 4.79.08.65.32
Email: contact@meribel-alpina.com
Registered at ORIAS as an Intermediary Insurance Agent under number 17007390 (www.orias.fr),
Insured for professional liability in accordance with provisions of Article L220-1 of the Insurance Code, with Allianz IARD Entreprise - 1, cours Michelet- CS 30051 - 92076 Paris La Défense Cedex, France.
Operator of the Méribel Alpina ski area

Hereinafter referred to as "the Operator".

Article 1. GENERAL CONDITIONS

These general conditions apply to all ski lift tickets (hereinafter referred to as “Tickets”) issued by the Operator which give access to the Méribel Valley ski areas (an area linked with the Méribel-Mottaret ski area) or the Three Valleys (area linked with the ski areas of Courchevel, Méribel-Mottaret, Val Thorens-Orelle and Les Menuires).

These terms and conditions are applicable from 26 September 2019 and are valid only during the winter season.

The terms of sale for tickets valid during the summer season are specified in a separate document.

These terms and conditions are supplemented by the Terms and Conditions for the Sale of Tickets of the body that sold the Tickets to the User.

Should an event occur which is not covered by these current conditions, it will be governed by the rules in use by ski lift companies based in France.

The acquisition of a Ticket implies knowledge and acceptance by the purchaser (hereinafter referred to as "the User") of all of these terms and conditions, without prejudice to existing appeal procedures.

NOTE:
The User must retain:

- the receipt which is given to him when he buys a Ticket from the Operator;

This receipt gives details of the ski area, category (adult, child, etc.), expiry date, Keycard number of the Ticket and, (if purchased) insurance.

- the Keycard number on the Ticket card, in the case of purchase from a distributer.

He will be required to present this to the Operator during a ticket inspection or as a supporting document in any claim (eg, emergency, loss or theft of Ticket, or claim) against the Operator or another 3 Valleys operator if required.

Reminder: Each issue of Title gives rise to a receipt on which appear the ski area and category (adult, child, etc.), the expiry date, the Keycard number of the ticket and (if taken) the insurance taken.

This receipt must be kept by the User, who must be able to present it to the Operator during any ticket inspection or as a supporting document in any claim (eg. mountain rescue, Ticket loss or theft, claim).

All Tickets are strictly personal, non-assignable and non-transferable. It is therefore the responsibility of the User to look after his Ticket so that it cannot be used by another person.
 

ARTICLE 2. TICKET INSPECTION

Each Ticket, issued on a numbered material format, can be used for a predetermined period of validity and age category. Information relating to the validity of the Ticket written on the support has no contractual value. Only the information contained in the chip has legal validity.

During its period of validity, each Ticket gives free movement on the lifts of the ski area for which it was issued, without giving any priority of any nature whatsoever.
The ski area covered by Ticket is defined on the piste map of the winter season in question and during the periods when the lifts are open, which are displayed at the Operator’s sales offices and / or at the foot of the ski lifts, subject to weather and snow conditions.

The User must be in possession of his Ticket (accompanied by the receipt) during his entire trip on each ski lift, from start to finish areas, so it can be detected by an automatic inspection system or be shown to any official inspector working on behalf of the Operator or any other Three Valleys operator who has the right to ask him for it.

In the absence of a Ticket, the use of an invalid Ticket or the failure to comply with the regulations posted at the ski lifts, detected by an official inspector working for the Operator or another Three Valleys operator, the offender may regularize his situation by the immediate payment of a lump sum in addition to the amount due for a ticket.
This lump sum is equal to FIVE times the value of a day ticket, as set by the regulations in force (Articles L342-15, R342-19 and R342-20 of the Tourism Code and section 529-3 and following of the Criminal Procedure Code).

Official inspectors are entitled to demand presentation of all documents providing evidence of price reductions granted to the holder of a reduced-price or free pass.  The different age categories are systematically checked at turnstiles as shown by different coloured lights.

If the offender refuses or is unable to prove his identity, the official inspector shall immediately report the event to a police officer, who may then immediately order the inspector to present the offender.

The procedure described in the preceding paragraph shall be terminated immediately if the offender proceeds to pay all the sums due in relation of the transaction. A receipt will then be issued.

The offender has the time limit provided by law:
- To settle the amount of the transaction which includes:
o The amount due for the Ticket;
o A lump sum payment;
o Plus administrative fees, in accordance with the provisions of article 529-4 of the Criminal Procedure Code;
- Or lodge a protest with the Operator.
If the payment is not made within the legal deadline and in the absence of a lodged protest, the offender is subject to criminal prosecution in accordance with the provisions of Article 529-5 of the Criminal Procedure Code.
Finally, the fraudulent use of a Ticket (an expired, falsified, or counterfeit Ticket, or one used by a third party) will lead to its immediate withdrawal and, if applicable, legal proceedings.
 

ARTICLE 3. DEFECTIVE TICKET CARDS

Recommendations for use:
To allow the encoded information to be read when passing through the turnstiles, the Ticket should be placed in a left-hand pocket, preferably away from a mobile phone, keys or any sort of packaging made from or including aluminium.

The card should not be folded or perforated or placed near a heat source.

In the case of a malfunction or defect to a single-use card (during the Ticket’s period of validity) or re-encodable card (within three years), the Operator will, at its expense, replace the card at one of the Operator’s sales offices.
However, if after verification, the defect in the card is attributable to the User (eg non-compliance with instructions for use), the Operator will charge the cost of replacing the defective card at the current rate.

If the defective card was issued by another Three Valleys operator, this request cannot be processed by the Operator.
The User must send his request to the relevant operator in accordance with that operator’s Terms and Conditions.
 

ARTICLE 4. TICKET LOSS OR THEFT

The following provisions apply only to Tickets issued by the Operator.
Therefore, if the lost or stolen Ticket was issued by another Three Valleys operator, this request cannot be processed by the Operator.
The User must send the request to the relevant operator in accordance with that operator’s Terms and Conditions.

• Information required
In the case of Ticket loss or theft, regardless of its duration, the User must submit a declaration to the Operator’s sales offices and provide the following documents:

Case no. 1: For a User who acquired his Ticket directly from the Operator’s sales office or website (www.skipass-meribel.com)
He must provide proof of purchase (the receipt issued by the Operator at the time of Ticket purchase if purchased in person, or a copy of the Internet booking confirmation), in support of his request for a duplicate.
Case no. 2: For a User who acquired his Ticket from a distributor (eg accommodation provider, tour operator)
He must provide the Keycard number of the Ticket support to the Operator
A User who does not have a receipt issued by the Operator, must note and record this number as soon as it is issued by the distributor.

• Administrative Fees
For the issuing of a duplicate, the User must also pay an administrative fee of ten euros, inclusive of all taxes (€10).

• Issuing of a duplicate
- Any Ticket that has been reported to the Operator by the User as lost or stolen will be deactivated by the Operator and will no longer give access to the ski area.
- Subject to the usual checks on the day of the declaration of loss / theft made at the Operator’s sales office before closing time, the User may collect from the sales office a duplicate (for the remaining term of the Ticket).
- NOTE: If the User cannot provide the above mentioned information necessary for the issuing of a duplicate, a duplicate will not be provided by the Operator, and the user will have no recourse against the Operator.
 

ARTICLE 5. COMPLIANCE WITH SAFETY RULES

All Users must comply with the lift safety regulations, including police regulations posted at the ski lifts, and the accompanying pictograms and all instructions given by the Operator’s staff, under penalty of sanction.
The same holds for complying with local bye-laws relating to safety on the slopes and you are advised to follow the "10 rules of good conduct for slope users," published by the International Ski Federation (FIS).
 

ARTICLE 6. PROTECTION OF PERSONAL DATA

Users’ movements:
Data on Users’ movements is collected for the purpose of managing access to the lifts and Ticket inspections. This processing relates to the transport contract to which you are party.

The data collected will be used by Méribel Alpina.
The collected data are kept for the time necessary to achieve the above-mentioned purposes.

Photographs of Users:

The personal data collected when photographs are taken of the Users on the Legends chairlift are subject to processing related to the delivery of photographs to the Users who wish it. Personal data may also be collected when the User gives his e-mail address at the photograph terminal at the Legends chairlift. They are subject to processing related to sending promotional offers, newsletters, invitations to participate in competitions and satisfaction surveys.

This processing is subject to the consent of the Users.

The data collected is intended for Méribel Alpina.

The Courchevel and Méribel-Mottaret ski areas have set up a system of Ticket checking using face-recognition at their ski lifts. Only customers of the relevant companies are liable to be photographed by this system and not customers of Méribel Alpina.

The collected data are kept for the duration necessary to achieve the above-mentioned purposes.

Ticket checks:

The personal data collected by official inspectors during a Ticket check will be subject to processing relating to the follow-up of the infringements recorded by the transport police. This treatment relates to the legitimate interest of the Operator to fight against fraud.

All the information collected by the Operator for the treatment mentioned above is mandatory.
The data collected is intended exclusively for the Operator and, where appropriate, the prosecution authorities.
The collected data are kept for the following periods:
- In the event of payment of the lump sum, the data relating to the offenders and the offenses are deleted as from the payment.
This data may, however, be archived on an independent external basis, accessible exclusively to the authorized agents of the Operator and for specific requests, for a maximum additional period of two years from the actual payment of the sums due.
- In the case of contraventions not giving rise to a payment, data on offenders and recorded offenses are retained for up to 12 consecutive months to determine whether habitual behaviour is characterised and the offense detected is provided for in Article L. 2242-6 of the Transport Code.
This data is also archived on an independent external basis, accessible only to authorized agents and for specific requests, for an additional maximum of two years from the end of the twelfth month in the computer database.

Rescue:

The personal data collected on a rescue file during a call-out by the ski patrollers to a User, are the subject of processing intended for the administrative follow-up to the accident, invoicing of the expenses of assistance and the handling of any dispute.
This processing is based on the legitimate interest of the Municipality (s) concerned having authorized the Operator to set up a rescue service on the ski area and to recover the related costs.

The data collected is intended for the Operator and the public authority responsible for billing and collecting emergency costs, the Police (in the context of an investigation following an accident), the respective insurers of the Operator and User, and health services providing care to the User.
The collected data are kept for the time necessary to achieve the above-mentioned purposes.

Common provisions

All data processing is carried out under the responsibility of the Operator, represented by Mr Joel PERETTO, acting as General Manager, whose details are indicated in these Terms and Conditions.

These data may be transferred to a country that is not a member of the European Union. The User can obtain additional information on these transfers and the guarantees that apply to them from the Operator.

In order to preserve the confidentiality and the security of the personal data and in particular to protect them against the illicit or accidental destruction, accidental loss or alteration, or unauthorized disclosure or access, the Operator will take appropriate technical and organizational measures, in accordance with the applicable legal provisions. To this end, it has put in place technical measures (such as firewalls) and organizational measures (such as an identifier / password system, physical protection means, etc.).

The user has the right to access his data, have it rectified or erased, to transfer to or have transferred to a third party, limited it or oppose its processing. The Operator will comply with this request subject to compliance with the legal obligations incumbent on it.

The User can implement these rights:
- by writing to MERIBEL ALPINA: Service Protection des données personnelles – 350 route de Mottaret 73550 MERIBEL, France, or;
- by emailing: privacy@meribel-alpina.com.

In the interest of confidentiality and protection of personal data, the Operator must be able to verify the identity of the User in order to meet his request. For this purpose, the User must enclose, in support of any request for the exercise of the rights mentioned above, a photocopy of an identity document mentioning his date and place of birth and bearing his signature, in accordance with to the provisions of the law n° 78-17 of January 6, 1978 called "Loi Informatique et Libertés", of article 92 of the decree of October 20, 2005 taken for the application of this law, and of the European regulation 2016/679 of the 27 April 2016 on the protection of individuals with regard to the processing of personal data and the free movement of such data.

Finally, the User has the right to submit a complaint to the CNIL if he considers that his rights are not respected. The coordinates of the CNIL are the following: 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 accordance with Article 90 of the Law 2005-1309 of 20 October 2005, the User can receive the information in this paragraph in written form, by written or spoken request to the above organisation.
 

ARTICLE 7. CO²  INFORMATION ON TRANSPORT

In application of articles L1431-3 and D1431-1 to 1431-23 of the Transport Code, the Operator provides the following on CO² relating to transport by mechanical lifts:

- transport CO²e for a 1 day Méribel Valley Ticket is 74g CO²e, equivalent to a journey by car of 0.53 km;
- transport CO²e for a 1 Day 3 Valleys Ticket is 116 g CO²e, equivalent to a car journey of 0.460 km.

Calculation basis: 6g CO²e / kwh / 100% renewable energy / diesel fuel car 140g / km (class C, current average)

For further information, please send your request to: Service Qualité Sécurité Environnement– 350 Route de Mottaret – 73 550 MÉRIBEL – France or contact@meribel-alpina.com.
 

ARTICLE 8. TRANSLATION AND APPLICABLE LAWS – SETTLEMENT OF DISPUTES

Given that these terms and conditions have been translated into several languages, it is expressly understood that the French version of these conditions is the only legally binding version. Therefore, in case of difficulty in interpretation / application of any provision of these terms and conditions, reference should be made expressly and exclusively to the French version.
These general conditions are subject to French law in both their interpretation and implementation.
In accordance with the provisions of Article L 211-3 of the French Consumer Code, in the event of a dispute concerning the validity, interpretation or execution of these conditions, the User may use free conventional mediation or any other alternative method of dispute resolution.

Any claim must be made to following address:
- by post to: -SOCIETE MERIBEL ALPINA, Service Relations Clientèle – 350, route de Mottaret 73 550 MERIBEL, France
- by email to : contact@meribel-alpina.com.

If there is no satisfactory answer or no answer within a period of at least sixty (60) days following this written complaint (and within a maximum of one (1) year from this written complaint), the User may resort to a mediation procedure with the Mediator of Tourism and Travel (MTV Mediation Tourism Travel, BP 80 303, 75 823 Paris Cedex 17) according to the terms and conditions on the site www.mtv.travel/
The opinion given by the Ombudsman for Tourism and Travel is not binding on the parties to the contract.
In addition, in accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent and out-of-court settlement of online disputes between consumers and professionals from the European Union.

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

In the absence of amicable settlement, the User may choose either, one of the relevant territorial jurisdictions under the Code of Civil Procedure, or, the jurisdiction of the place where he was staying at the time the contract was made or the prejudicial event occurred (Article R. 631-3 of the Consumer Code).