V A L L O I R E M O B I

General Terms Sales

INTRODUCTION

 

These general terms and conditions of sale (hereinafter referred to as the “GTCs”) are intended to govern the contractual relations between:

  • SEM VALLOIRE, with a share capital of €3,1118,000, registered in the Albertville Trade and Companies Register No. 494 940 513, whose registered office is located at Route de Charbonnières – 73 450 Valloire.
  • customers, users of www.mobi.valloire.com and/or the Galibier Thabor ski area
 

1 – ACCEPTATION OF CTS

The GTC will apply to any offer made on the Platform. 

The Client acknowledges having read and accepted the T&Cs before accepting the Offer. The fact of creating an account and/or accepting an Offer on the Platform implies the Client’s acceptance, without restriction or reservation, of all the provisions of the GTCs appearing on the Platform at the time of the Order. The T&Cs will remain accessible to the Customer on the Platform at all times. It is the Customer’s responsibility to find out about the products and prices offered and to select the most advantageous for him. The Operator cannot be held responsible for the choice made by the Customer.

In accordance with the legal provisions in force, the Client is informed that he/she has no right of withdrawal for the Offers offered on the Platform.

 

2 – DEFINITION 

  • Platform : refers to the “www.mobi.valloire.com” application whose purpose is to connect travellers who are natural persons wishing to book their transport for Valloire with/without the ski pass.
  • Account : Refers to the means allowing the User to access the Collaborative Space by identifying himself by means of an identifier and a password, which will have been chosen by him during his registration on the Platform.
  • Conditions : Refers to the present general terms and conditions of sale.
  • Collaborative Space : Refers to the space on the Platform, accessible only to Users through an Account, and allowing them to access the Service.
  • Parties : Refers to the Application Holder and the User.
  • Service: Refers to all the means made available to the User on the Platform by the Holder in order to ensure the connection of users wishing to carpool.
  • Holder of the Platform : Refers to SEM VALLOIRE, registered in the Albertville Trade and Companies Register under number 494 940 513
  • User: Refers to any natural person holding an Account and using the Platform.
  • Galibier-Thabor Ski Area : refers to the VALLOIRE and VALMEINIER Ski Area. 
  • Ski pass : refers to the transport ticket sold by the Operator, only to the Operator’s Official Caisses, allowing Customer access to the Galibier-Thabor Ski Area’s ski lifts.
  • Ski lifts : refers to the ski lifts of the Galibier-Thabor Ski Area, with the exception of snow yarns and conveyors operated by ski schools. 
  • Operators : refers to SEM VALLOIRE and SEMVAL. 
  • Official Caisses : refers to the Caisses des Verneys, du Moulin Benjamin, de la Sétaz, de la Brive, de l’Arméra, de “Domaine Skiable Galibier-Thabor” refers to the Domaine Skiable de VALLOIRE et de VALMEINIER. 

 

3 – OUR OFFERS

Our platform offers users an offer consisting of a round trip to/from Valloire. It can be accompanied by the purchase of a package.

        3.1 Transport 

By transport, we mean: 

  • drivers offering a carpool seat in their vehicle (hereinafter referred to as the “Driver”);
  • professional drivers of private or shared VTCs (hereinafter referred to as the “VTC Driver”);
  • shared shuttle transport companies (hereinafter referred to as the “Transport Company”);
 

        3.2 Skipass

It consists of a rechargeable support on which a transport ticket is recorded and a unique number is mentioned. The fixed price gives access, without any priority of any kind whatsoever, during the validity period of the transport ticket and according to the conditions and modalities specified below, to the Ski Lifts in service and corresponding to the category of the ticket. The number of days is counted from the first visit to the Ski Pass validity area terminal and is defined on the piste plan for the winter season concerned and during the opening periods of the Ski Lifts as posted at the Operator’s Official Tickets Office, subject to weather and snow conditions. The user must carry his Ski pass throughout the entire journey made on each Ski Lift, from the departure to the arrival area, in order to be presented to any sworn agent of the Operator who is entitled to request it.
  
Ski pass rates are posted near the Official Cash desks. Prices are prices excluding insurance, all taxes included and in euros. The Operator reserves the right to change its rates at any time, without notice. The VAT rate applicable is the French rate in force on the day of the sale of the Ski pass. Discounts are available for children aged five to twelve inclusive and for seniors over sixty-five inclusive. Persons aged seventy-five years and over or children under five years of age will benefit from free admission on the Ski Lifts, subject to the terms and conditions posted at the ticket offices and in article 7 of this General Conditions of sale. The opening and closing dates of the Ski Lifts are given as an indication on the posters at the Official Caisses and on the Operator’s websites.
 
The Customer may choose as an option on his Package the subscription of a daily Carré Neige insurance, subject to the conditions of Carré Neige company accessible by this link: www.carreneige.com This choice is not possible when purchasing a Season Pass. For this category of Ski pass the holder can subscribe a Snow Card Insurance. 
 

4 – ACCEPTANCE OF OFFERS

        4.1 Prior identification of the Client

If the Customer already has a customer account:

– To accept an Offer, the Client must identify himself by means of his e-mail address, telephone number and password (hereinafter referred to as the “Access Codes”).

If the Customer does not have a customer account:

– For any first acceptance of an Offer, the Client must follow an account creation procedure via the “Create an Account” button on the home page and complete the information requested on the Platform.

The Client must provide the following information:

  • Last name
  • First Name
  • Email
  • Phone

The information provided by the Client for the creation of his account must be fair and sincere. VALLOIRE cannot be held liable for the impossibility in which it may be unable to establish a relationship between the Client and the Drivers, in particular in the event of an error by the Client or the communication of false or erroneous information.

Access Codes will also be requested from the Client to access certain areas of the Platform, such as the “My Information” section on the Platform home page. Nevertheless, once connected, the Customer will have access to all areas of the Platform without further request for Access Codes until disconnection.

It will be the Client’s permanent responsibility to maintain the security of its Access Codes. The Client is solely responsible for the custody and use of its Access Codes. The Client undertakes to keep the Access Codes he has chosen strictly confidential and not to disclose them in any form whatsoever to third parties. Any connection to the “My Account” area of the Platform using the Access Codes will be deemed to have been made by the Client himself or a person under his responsibility. In the event of loss or forgetting his Access Codes, the Customer may request them again by going to the “Login” area and clicking on “Forgotten Password” then after having indicated his email address, he will have to click on the “Recover” tab. The Customer will then receive his Secure Access Codes by email to the address indicated.

      4.2 Registration and validation of the Offer

To accept an Offer on the Platform, the Client must access the dedicated space.

Once on the dedicated space, the Client will be asked to provide the following information:

  • Address & departure time
  • Arrival address
  • Number of reserved places
  • Number of luggage

Once the above information has been completed, the Client will be asked to check his Offer by clicking on “Validate”. The Customer will then be able to view his Offer, its characteristics and the total price that will be invoiced by VALLOIRE in the event of a successful connection with the Driver.

Any Offer validated by the Client under the conditions and according to the procedure stipulated above constitutes a firm and definitive commitment, and may only be challenged in the cases restrictively listed in these GTC.

     4.3 Confirmation of the Offer

For any duly validated Offer, VALLOIRE will send a confirmation email to the Client mentioning the number of its Offer and the details of the price to be paid once the relationship has been finalized. The Customer may also consult these details at any time in his customer account.

 

     4.4 Modification of the Offer

The Offer may be modified or deleted by the Client. Nevertheless, if the deletion is carried out at the Client’s sole initiative, the latter may under no circumstances claim reimbursement of any sums paid to VALLOIRE. 
In any event, any cancellation of the Offer shall give rise to the payment by the Client of the file costs incurred and invoiced by VALLOIRE.

 

5– CONTACT PROCEDURES

     5.1 Acceptance of the Offer

Any Offer by the Client shall be deemed to have been accepted by VALLOIRE and the sale shall be made upon payment of the price of the connection by the Client, except in cases of force majeure under the conditions referred to in Article 11.

     5.2 Contact Conditions 

Following the publication of an Offer on the Platform, the Offer will be freely accessible to all Customers. The Customer will then be able to select the Offer of his choice via the Platform. Once the Offer has been chosen, the Customer will be able to validate his choice and will be redirected to a summary page of the chosen Offer and will be redirected to the payment interface to finalize the sale.

     5.3 Cancellation or failure of driver(s) Individual(s)

Any Private Driver mentioned in an Offer may freely cancel his proposal within a minimum period of 24 hours before the carpool start time as stipulated in the Offer. In the event of cancellation beyond the aforementioned deadline by the selected Private Driver, the latter will be considered as defaulting.

In the event of the failure of an Individual Driver selected by his absence at the time and place stipulated by the Offer, the Client must notify VALLOIRE via the Platform of said absence within 24 hours following the start time of the carpool as stipulated in the Offer.

In the event of default by one or more selected Individual Drivers, VALLOIRE will issue to the Client a credit note for an amount corresponding to the amount paid by the Client for the connection that was the subject of the default.

6 – PRICES AND PAYMENT TERMS 

 

     6.1 Prices

The prices of the Offers are indicated in euros, all taxes included. VALLOIRE reserves the right to modify its prices at any time and without notice. The Customer will be invoiced for the connection on the basis of the rates in force on the Platform at the time of publication of the Offer. The Customer guarantees that he/she is fully entitled to use the credit card to pay for the connection services offered by VALLOIRE. 

     6.2 Payment Conditions 

The total amount due by the Client is indicated before the final validation of his Offer on the Platform. This amount includes the total cost of the connection as well as any additional costs.

The payment of the total amount of the connection is made on the Platform by means of a credit card Carte Bleu, Visa or Mastercard. To make the payment, the Customer must provide certain information relating to the credit card, including the name of the cardholder, the credit card number, its expiry date and its cryptogram number. The payment of the order is made with the payment solution by secure banking module Stripe.

The payment will be considered as validated after confirmation of the payment agreement by the issuing body. In the event of refusal by the issuing body, the sale will automatically be cancelled and VALLOIRE will therefore be released from any obligation and liability towards the Client.

An invoice will be sent by email to the Client at the same time as payment for the contact.

7 – CONDITIONS FOR ISSUING AND CHECKING PACKAGES

  • Wearing the Package : Holders of a Ski pass must wear it in one of the pockets of their clothing, excluding caps, gloves, etc. 
  • Photos and proof of identity : The season Ski pass will include a recent photograph of the package holder, in front of the package, without sunglasses or headgear. The benefit of a price reduction according to age category is subject to the mandatory production of original proof of identity at the time of purchase. No photocopies of supporting documents will be accepted. The age of the Customer will be taken into account on the first day of validity of the Package concerned. No discount will be granted after the purchase of the Ski pass. 
  • Methods of payment : Payments may be made to the Operator’s Official Caisses: – By cheque cashed on a bank account opened in France payable to the Operator. Foreign cheques may not be used as a means of payment 10 – In euros currency up to the regulatory limits (see Articles L 112-6 and D 112-3 of the Monetary and Financial Code) – By credit card, – By holiday cheques (on which no change will be given). Each issue of a Package gives rise to the submission of a proof of sale. It must be kept carefully to be presented in support of any application/claim. 
  • Penalty for late payment – Flat-rate compensation for recovery costs in the event of late payment : For Account Customers, in the event of late payment, penalties for late payment will be payable, in accordance with the provisions of Article L 441-6 of the French Commercial Code, calculated on the basis of three times the legal interest rate in force as well as a Flat-rate indemnity for collection costs of 40 euros. Late penalties are due without the need for a reminder. 
  • Delivery note and receipt : Any issue of a Ski pass shall give rise to the submission of a receipt showing the nature of the Package, its validity date and its unique number. This proof must be kept carefully to be presented during any inspection and/or claim. At the Customer’s request, a delivery note is issued on which, for a single transaction, the number of products purchased, the total price excluding tax of the transaction and the amount of Value Added Tax is indicated. 
  • Infringements of transport clauses : Any user is liable to be checked at the departure and/or arrival of the ski lifts by a sworn inspector. He must carry a valid transport ticket.” Any person using a ski lift giving access to the Galibier Thabor Ski Area, without a fixed price or with a non-compliant fixed price, will be liable to prosecution and compensation as follows. The same shall apply in the event of non-compliance by the person holding a Ski pass with the police regulations posted at the start of the Ski Lifts. The Ski pass must be presented at each inspection requested by the Operator’s sworn agents. The absence of a Ski pass or the non-conforming or misused use of a Ski pass (example: use of a Package sold at the child rate by an adult) is liable to the payment of a Ski Pass Indemnity extinguishing the public action equal to five times the value of the Daily Package on the Ski Area and, if applicable, the amount due for transport (Articles R 342-19 and R 342-20 of the Tourism Code plus the administrative costs, the amount of which is set at €40. The falsification of a Ski pass and/or the use of a falsified Ski pass is punishable by criminal prosecution and the payment of damages. In all the above cases, the Offender’s Ski pass may be withdrawn by the Sworn Controller for the purposes of :
    • To provide proof of a contravention or offence (forgery, fraud, etc.) to support a complaint to the Gendarmerie,
    • To return the Ski pass to its true owner. In all the above-mentioned cases, the Operator may deactivate the Ski pass . The title will be returned to its holder after payment of the increased fixed-rate compensation
  • Transmission and resale prohibited : The Ski pass is strictly personal, non-transferable and non-transferable throughout its validity period (except for the Ski pass corresponding to the shortest duration of the tariff schedule). The Ski pass may not be lent free of charge or against payment. Any purchase of a Ski pass outside the Operator’s Official Caisses is subject to legal proceedings by the Operator. 
  • Distance selling & online sales : In application of the provisions of Article L 221-18 of the Consumer Code, the right of withdrawal, provided for in Articles L 121- 18 et seq. of the Consumer Code “is not applicable in respect of distance selling of Packages. Thus, for any Ski pass order placed with the Operator, you have no right of withdrawal. 
  • Loss Theft of the Ski pass : In the event of loss or theft and upon presentation of the duplicate and proof of sale of the Package and for a processing fee of €10, a Package will be issued for the remaining period. 
  • Fight against Fraud: Any title outside the Title corresponding to the shortest duration of the tariff schedule is strictly personal, non-transferable and non-transferable. It is therefore the User’s responsibility to keep his Title in such a way that it is not misused by a third party. In order to fight against fraud, the User is informed that photographs are automatically taken when passing through the control terminals of the Galibier Thabor ski area. The said photographs are then compared by sworn inspectors who can thus confuse the fraudsters. The photographs are only intended for the Operator; they will only be kept for the duration of the validity of the User’s Photographed Title. In accordance with the Data Protection Act, the User (or his legal representative) has the right to access and rectify information concerning him, which he may exercise by writing to the Operator at the address indicated at the top of this document. The User may also object, for legitimate reasons, to the processing of data in accordance with the terms defined in Article 7 of the General Terms and Conditions of Use.

 

 

8 – OBLIGATIONS OF THE PARTIES

 

It is recalled that: 

  • within the framework of the Offer agreed between the Client and the Driver, the Transport Company, the Client is obliged to: appear or be represented at the time and place agreed at the beginning of the reservation;
  • The holder of the Ski Pass is required to comply with the safety rules relating to transport by Ski Lifts, in particular the policy rules posted at the start of the Ski Lifts, the pictograms completing them and all instructions given by the Operator’s staff, under penalty of sanctions. On the ski slopes, the holder of the Ski Pass must comply with the municipal by-law relating to safety on the ski slopes. It is also recommended to take into account the ten rules of conduct for piste users published by the International Ski Federation (FIS). Off-piste skiing is practiced by the holder of the ski pass at his own risk.
  • In the event of material and/or physical damage caused on a Ski Lift, the Customer must immediately notify the staff of the Ski Lift of such damage and complete a complaint form with the Operator without delay.

In the event of a breach by the Client of its obligations, VALLOIRE reserves the right to exclude or suspend the Client.

9 – CANCELLATION POLICY

     9.1 Refund terms in case of cancellation

 

A) Transport Cancellation 

All reservations are subject to this cancellation policy. In the event of cancellation attributable to the Passenger:

  • Carpool Cancellation:

If the Customer cancels more than 24 hours before the scheduled time of departure as mentioned in the carpooling announcement, the Customer will be refunded the full amount of the reservation minus the management fee. The Private Driver does not receive any sum of any kind whatsoever.

If the Customer cancels less than 24 hours before and up to 2 hours before the scheduled departure time, as mentioned in the carpooling announcement, the Customer is refunded the total amount of the reservation minus the management fees and 50% of the amount of the Private Driver’s remuneration. The Private Driver is compensated up to 50% of the remuneration initially provided for.

If the Customer cancels at least 2 hours before or after the scheduled departure time, as mentioned in the carpool announcement, no refund will be made. The Private Driver is compensated up to the full amount of the remuneration and the VALLOIRE commission is retained by VALLOIRE.

  • Cancellation of private or shared VTCs:

If the Customer cancels up to 2 hours before the scheduled departure time, as mentioned in the VTC announcement, the Customer will be refunded the full amount of the reservation. The VTC Driver does not receive any amount of any kind. 

If the Customer cancels less than 2 hours before or after the scheduled departure time, as mentioned in the VTC announcement, no refund will be made. The VTC Driver is compensated up to the full amount of the remuneration.

  • Cancellation of the Transport Company’s Shared Shuttle:

In the event of cancellation of the shared shuttle reservation (Lyon Shuttle) at least before the day before departure at 8:30 pm, a refund of the full amount of your reservation will be made. In case of cancellation of the shared shuttle reservation (Lyon Shuttle) after the day before departure at 8:30 pm, no refund will be made.

NB: VALLOIRE assesses at its sole discretion, on the basis of the information at its disposal, the legitimacy of the reimbursement requests it receives.

B) Refund of Ski Pass

Any Ski Package issued by the Operator that has not been used or has been used partially will not be refunded or exchanged for any reason whatsoever: illness, accident or any other personal cause to the holder, regardless of the validity period of the Ski Package. Non-consecutive day ski passes must be used up during the current season; beyond that they may no longer be used, without being refunded or deferred. The Client is advised to take out an insurance policy covering this risk with a reputable insurance company. All information to this effect should be requested from the Operator’s Official Caisses. Lost or stolen Packages: as soon as the Customer provides the proof systematically delivered with the Ski Package, a duplicate 11 may be made to him, according to the conditions set by the Operator. Generally speaking, the ski passes found are collected at the reception desk of the Ski Area. Any ski pass that has been declared lost or stolen by its holder to the Operator will be deactivated by the Operator. Complaint: Any complaint must be addressed to SEM Valloire – Route des Charbonnières – 73450 Valloire within 1 month following the occurrence of the event giving rise to the said complaint, without prejudice to the legal ways and deadlines for taking legal action. Failing this, any complaint will be inadmissible if the one-month deadline is not respected.
 
 

C) Interruption of the operation of the ski lifts

 
GalibierThabor, i. e. 100% of the closed ski lifts, may give rise to compensation proportionate to the damage suffered by the Client, the characteristics of which are set out below. The last day taken into consideration shall in any case be the last day of validity of the title concerned. 
 
Beyond a full day of interruption of the operation of the Ski Lifts defined as above, the compensation will be determined according to the number of days or ½ days (title 4 Hours) during which the Customer could not use his title due to the interruption of service. 
 
It will take the following forms at the user’s discretion: 
  1. 1.or an immediate extension of the validity period of the ticket equivalent to the number of days of closure. 
  2. or a non-refundable monetary credit in euros, to be used during the current season or before the end of the winter season following the current one (N+1). 
  3. or a deferred refund, calculated at the end of the stay (2 days or more, excluding the “season” package) as follows: for the “stay” and “family” packages, taking into account an advantageous degressivity. Compensation is the difference between the price paid by the Customer and the price of the existing Package for the duration of the Package paid minus the number of days of total closure of the lifts. Example: the Customer buys an “adult” package for 6 days = 205 € TTC If there are 2 days of ski lift closure, the compensation would be 48.50 € (205 € – 156.50 €) since the price of the “adult” package for 4 days is 156.50 €. If there are 3 days of ski lift closure, the compensation would be 87.50 € (205 € – 117.50 €) since the price of the “adult” package for 3 days is 117.50 €. 

Compensation will be made upon presentation of a form delivered to our offices or by e-mail, which must be completed and returned within a maximum period of thirty days following the occurrence of the event, accompanied by proof of sale, to the following address: SEM VALLOIRE – Route des charbonnière – 73450 VALLOIRE. “Failing this, any claim will be inadmissible after examination of the file, compensation will be paid at the latest within two (2) months following receipt of all supporting documents. No compensation may be granted before the expiry date of the title concerned. 

In the case of Pedestrian Packages, or “season” Packages, no compensation may be granted in the event of interruption of service or early closure of the Ski Area. The compensation provided for herein is in full discharge by the Operator of any other compensation. The Operator cannot be held responsible for the weather conditions encountered during the use of the title. It is the responsibility of each Client to obtain information on weather and visibility conditions by all means at their disposal

 

10 – INTELLECTUAL PROPERTY

The Platform and each of its components, including in particular the graphic charter, data, software, texts and logos, are protected by intellectual property law, in particular copyright and/or trademark law.

The Platform and each of its components are the exclusive property of VALLOIRE.

VALLOIRE grants the Client and more generally to any person visiting the Platform, a non-exclusive right of use of the Platform in accordance with the provisions hereof.

The Client acknowledges that it is prohibited, without the prior written consent of VALLOIRE, in any country, to use and/or exploit the elements constituting the Platform in any way whatsoever (in particular for their reproduction, communication and/or adaptation) and for any reason whatsoever (including as a commercial reference or for its own advertising).

Any other use of the Platform or any of its elements constitutes an infringement of rights and is punishable as such under the Intellectual Property Code, unless prior, express and written authorization is obtained from VALLOIRE.

In any event and in the event of non-compliance with these stipulations, VALLOIRE may, ipso jure, at the Client’s exclusive wrongs and without notice, terminate any relationship, without prejudice to all other rights, actions and recourses that VALLOIRE may have at its disposal for the purpose of compensating it for any damage it may have suffered as a result of such non-compliance.

Trademarks, drawings and graphics on Packages, posters or fares are registered and their reproduction is strictly prohibited.  

11 – IT ET LIBERTY

 

       11.1 Personal datas

The information that VALLOIRE receives from the Client corresponds to the information required to use the Platform and so that VALLOIRE can process the Offers transmitted by the Client as well as any disputes that may arise from the Offer.

These personal data are processed in accordance with the law n° 78-17 of 6 January 1978 relating to data processing, files and freedoms, known as the “Data Protection Act” and are subject to processing declared to the CNIL. VALLOIRE is the controller and recipient of the data.

The personal data mentioned above may be transmitted by VALLOIRE to third parties for the purpose of executing the Offer and in particular for the management of the Offers and their execution. It is expressly stated that transfers of personal data outside the territory of the European Union are prohibited unless the country or recipient provides a sufficient level of protection in accordance with the regulations applicable in France.

In accordance with the “Data Protection Act” No. 78-17 of 6 January 1978 amended by Act No. 2004-801 of 6 August 2004, the Customer has a right of access and rectification for the information concerning him that he can exercise by sending his request by mail to the following address: SEM VALLOIRE – Route de Charbonnières – 73 450 Valloire.

The Customer may also, for legitimate reasons, object to the processing.

In addition, VALLOIRE will keep data relating to transactions on the Platform within the limits of the provisions of Law No. 78-17 of 6 January 1978.

       11.2 Cookies 

Certaines pages de la Plateforme peuvent utiliser des cookies, dont la finalité est d’accéder à des informations stockées dans le terminal de connexion du Client et notamment d’enregistrer des informations relatives à sa navigation sur la Plateforme, et de stocker des informations que le Client a saisies lors de sa connexion.

La durée de conservation maximale des informations ainsi recueillies est de treize (13) mois à compter de l’insertion du cookie correspondant.

Le Client a la possibilité de s’opposer à l’enregistrement de ces cookies en configurant son ordinateur.

12 – RESPONSABILITY

The connection by VALLOIRE resulting exclusively from the agreement reached between the Client and the Driver, the Transport Company or the Parking Company, the latter act under their sole and entire responsibility. As such, the effective execution of the Offer proposed by the Client and accepted by the Driver, the Transport Company or the Parking Company shall not entail any liability attributable to VALLOIRE, on any grounds whatsoever, the service proposed by VALLOIRE being an intermediation service. In particular, VALLOIRE cannot be held liable for any loss that may have occurred for reasons such as:

  • the communication by the Individual Driver of erroneous information concerning his carpooling proposal;
  • the cancellation by the Individual Driver of his carpooling proposal;
  • fraudulent behaviour or fault of the Client or the Driver during, before, or after the execution of the Offer.

VALLOIRE may only be held liable, except in cases where the law specifies different terms and conditions, in the event of demonstration by the Client of a fault or breach of VALLOIRE which has caused the damage suffered and proven by the Client.

VALLOIRE cannot be held responsible in the event of:

  • of malicious intervention,
  • problems with telephone or internet connections,
  • hardware or software problems,
  • access problems to the Platform’s server,
  • the destruction of information provided by Customers for a reason not attributable to VALLOIRE,
  • software or hardware malfunctions,
  • human or electrical errors,
  • disruptions that could affect the proper functioning of the Platform or the conduct of a deed of sale on the Platform.

In any case, if the proper administrative and/or technical progress of an Offer on the Platform is disrupted by a virus, computer bug, unauthorized human intervention or any other cause beyond VALLOIRE’s reasonable control, VALLOIRE reserves the right to interrupt the transaction in progress.

Similarly, submitting an Offer on the Platform implies knowledge and acceptance of the characteristics and limitations of the Internet, the lack of protection of certain data against possible misappropriation or hacking and the risk of contamination by possible viruses circulating on the network.

VALLOIRE may close the Platform, cancel or suspend one or more Offers, or modify their conditions if it appears that fraud has occurred in any form whatsoever, in particular by computer. In this case, VALLOIRE reserves the right to take legal action against the perpetrators of such fraud before the competent courts.

13 – FORCE MAJEURE

Des événements de force majeure pourront empêcher le Client, le Conducteur, les Sociétés Partenaires ou VALLOIRE d’exécuter toute ou partie des obligations prévues dans l’Offre. Ainsi, dans le cadre des CGV, seront considérés notamment comme des événements de force majeure, les événements suivants :

  • strike of means of transport, hoteliers, switchers or staff of any service providers outside VALLOIRE;
  • insurrection or riot in the country of departure or arrival;
  • made the prince;
  • geographical, climatic, health and/or political conditions likely to endanger the Client’s life (in particular red alerting of the destination country by the diplomacy.gouv website).

In the event of a force majeure event, the party suffering it shall inform the other party as soon as possible.

In the event of force majeure, VALLOIRE may propose a Substitution Offer or reimburse the Customer at the Customer’s discretion.

14 – COMPLAINT

Any complaint must be sent to the following address SEM VALLOIRE – Route de Charbonnières 73 450 Valloire or by e-mail by clicking on the “Our customer service” tab on the Platform.

 

15 – MODIFICATIONS OF CTS

VALLOIRE informs Customers that the T&Cs may be modified at any time. These modifications are published by posting them on the Platform and are deemed to be accepted without reservation by any Client accessing the Platform after they are posted on the Platform.

16 – PARTIAL DISABILITY

In the event that one or more provisions of the T&Cs are declared null and void or inapplicable pursuant to a law, regulation or court decision that has become final, the other provisions of the T&Cs shall continue to apply under the same terms and conditions.

17 – MISCELLANEOUS STIPULATIONS

The fact that VALLOIRE or the Client does not avail itself at a given time of any of the clauses of the GTC does not imply a waiver of its right to avail itself of them at a later date.

18 –  APPLICABLE LAW AND COMPETENT JURISDICTION

These General Terms and Conditions of Sale and Use of Lift Passenger Tickets are written in French and subject to French law. In the event that it is translated into one or more languages, only the French text shall prevail in the event of any difficulty in interpreting and/or applying any of the provisions of these General Terms and Conditions of Sale and Use of Lift Passenger Transport. These General Terms and Conditions of Sale and Use of Lift Passenger Transport are subject, both for their interpretation and implementation, to French law. In the event that a service has not been provided to the satisfaction of the customer, the customer may contact the Operator at any time by sending a written and reasoned request to the following address: sem@valloire.net. The processing time for requests is thirty days from the date of receipt. In accordance with the provisions of Article L 211-3 of the Consumer Code, in the event of a dispute arising relating to the validity, interpretation or execution of these general terms and conditions, the client may use a conventional mediation procedure or any other alternative dispute resolution method free of charge. The customer is informed of the possibility of using a mediation procedure with the Mediator of Tourism and Travel (MTV Médiation Tourisme Voyage, BP 80 303, 75823 PARIS CEDEX 17) according to the procedures set out on the website www.mtv.travel and within a maximum period of one (1) year from the written complaint made to the operator. The solution proposed by the mediator and/or conciliator is not binding on the parties to the contract. In the absence of an amicable settlement, the client may bring an action either before one of the courts having territorial jurisdiction under the Code of Civil Procedure, or before the court of the place where he resided at the time of conclusion of the contract or the occurrence of the harmful event (Article R 631-3 of the Consumer Code) In the event of services purchased from a third party organisation (Tour Operators, Tourist Residence, etc.), claims must be made directly to the supplier in question.