Standard Terms and Conditions

The following standard terms and conditions set forth the provisions governing relations between CDA Ski Diffusion and each of the subscribers (hereinafter referred to as “Subscriber(s)”) and beneficiaries (hereinafter referred to as “Users”) of the HOLISKI™ offer.

 

ARTICLE 1. Definitions

Card: designates the material medium of HOLISKI which take the form of an RFID smart card, which is personal and non transferable and which may be used only by the person whose name it bears and enables access to the Network’s ski lifts.

Customer Service: designates the information and assistance service placed at the disposal of Subscribers and Users by CDA Ski Diffusion. It is accessible 7 days a week from 08:00 – 22:00.

Internet Site: designates the www.holiski.com Internet site.

Network: designates all the Operators’ ski areas accessible to Users.

Operator(s): designates the companies that operate the ski lifts in the ski areas belonging to the Network covered in Article 4.

Services: designates the additional services offered by CDA Ski Diffusion as described on the Internet Site and detailed, as the case may be, in the Special Terms and Conditions for the Services.

Subscription: designates subscription to HOLISKI.

Subscriber: designates a person who has reached the age of majority and has full legal capacity, and who has subscribed to HOLISKI.

Subscriber Account: designates the account to which all Users associated with the Subscriber are gathered. It is accessible on the Internet Site and enables the Subscriber, after it has identified himself, to access all the information concerning its Subscriptions, the Usage made by Users of the account, the Services, his invoices and his personal data.

Usage: designates the number of skier days used by the Users over a given period.

User: designates a person holding a Card and benefiting from HOLISKI.

 

ARTICLE 2.    Description of HOLISKI

HOLISKI is a subscription service offering Users the possibility of easily, rapidly and randomly accessing, on an unrestricted basis and at the times they wish, via a so-called "hands-free" system and at HOLISKI daily rates, the Network's ski areas as described below (hereinafter referred to as the "Ski Areas").

Subscription to HOLISKI leads to the issuing of a Card enabling Users to go through the turnstiles at the access points to the Network's ski lifts, and access the lifts on an unlimited basis throughout the duration of the Subscription, subject to the opening days of the Ski Areas. Subscriber is invoiced monthly for the amount of the Usage made by Users of his Subscriber account.

 

ARTICLE 3.   Issuing Company

The Card is issued by CDA Ski Diffusion, an SAS (simplified joint stock company), with a capital of 37,000 euros, listed in the Nanterre Trade and Companies Register under the number 499 967 362, the registered office of which is at 89, rue Escudier, 92100 Boulogne-Billancourt, hereinafter referred to as "the Issuing Company"

 

ARTICLE 4.   The Network's Ski Areas

The Card enables free circulation on the ski lifts of the Ski Areas of the following Operators, on behalf of which the Issuing Company sells ski lift passes in its name. The Operators elect domicile as follows:

 

· Serre Chevalier

Serre Chevalier 1350 (SC1350), a simplified joint stock company with a capital of 5,037,000 euros, listed in the Gap Trade and Companies Register under the number 479 853 541, the registered office of which is at Le Serre d’Aigle – Remontées Mécaniques 1350- 05330 Saint Chaffrey

Serre Chevalier Ski Développement (SCSD), a limited company with a Board of Directors, having a capital of 8,197,578.08 euros, listed in the Gap Trade and Companies Register under the number 348 799 529, the registered office of which is at Télécabine du Fréjus – 05240 La Salle les Alpe

 

· Les Arcs / Peisey Vallandry

Les Montagnes de l’Arc – Société d’Aménagement et Exploitation des Arcs (SMA), a limited company with a capital of 17,756,460 euros, listed in the Albertville Trade and Companies Register under the number 076 520 568, the registered office of which is at Chalet des Villards – Arc 1800 – 73700 Bourg Saint Maurice

Société des Téléphériques de l’Aiguille Grive (STAG), a simplified joint stock company with a capital of 763,000.00 euros, listed in the Albertville Trade and Companies Register under the number 353 262 025, the registered office of which is at Les Soldanelles – Vallandry T9 – 73210 Landry

 

· Paradiski

Les Montagnes de l’Arc – Société d’Aménagement et exploitation des Arcs (SMA), a limited company with a capital of 17,756,460 euros, listed in the Albertville Trade and Companies Register under the number 076 520 568, the registered office of which is at Chalet des Villards – Arc 1800 – 73700 Bourg Saint Maurice

Société des Téléphériques de l’Aiguille Grive (STAG),
a simplified joint stock company with a capital of 763,000.00 euros, listed in the Albertville Trade and Companies Register under the number 353 262 025, the registered office of which is at Les Soldanelles – Vallandry T9 – 73210 Landry

 

· Grand Massif

Société Domaine Skiable de Flaine (DSF),a limited company with a Board of Directors and a Supervisory Board, having a capital of 6,697,620.00 euros, listed in the Bonneville Trade and Companies Register under the number 602 056 012, the registered office of which is at Téléphérique des Grandes Platrières – 74300 Flaine

Société Domaine Skiable du Giffre (DSG), a limited company with a Board of Directors and a Supervisory Board, having a capital of 258,000.00 euros, listed in the Bonneville Trade and Companies Register under the number 320 316 334, the registered office of which is at Les Esserts – 74440 Morillon

 

· Méribel

Société MERIBEL ALPINA, a simplified joint stock company with a capital of 3,287,169.01 euros, listed in the Albertville Register of Trade and Companies under the number B 075 520 064, the registered office of which is at 73550 Méribel Les Allues

 

· Les Menuires

Société d’Exploitation de la Vallée des Belleville (SEVABEL),a limited company with a Board of Directors and a Supervisory Board, having a capital of 3,235,500.00 euros, listed in the Albertville Register of Trade and Companies under the number 353 065 964, the registered office of which is at Gare de la Télécabine du Mont de la Chambre, BP 2, Les Ménuires – 73442 Saint-Martin de Belleville

 

ARTICLE 5.   Subscription

The Card is offered by the Issuing Company on the Internet Site, or may be ordered by telephone from Customer Service.

Subscriptions are taken out by the Subscriber on behalf of a User, which may be the Subscriber himself. The Subscriber may take out several Subscriptions on behalf of several Users, subject to a limit of six (6) Subscriptions.

In taking out a Subscription, the Subscriber declares that he accepts these standard terms and conditions of sale and also the standard terms and conditions for use of the ski lifts run by the Network's Operators.

The Subscriber is requested to keep a copy of his confirmation order and a copy of the present standard terms and conditions (in electronic or paper format).

After approval of the Subscriptions and their payment, the Issuing Company will send the Subscriber a welcoming e-mail informing him:

o of the availability of his invoice on his dedicated area on the Internet Site,

o of the date of despatch by post of his Card(s) or the date on which they will be made available to them at the HOLISKI point of sale in the selected Ski Area.

In application of Article L. 121-20 of the French Consumer Code, the Subscriber has a period of 7 days as from his acceptance of the HOLISKI offer in which to exercise the right to cancel his Subscription(s), without having to provide the reason(s) thereof decision, and without having to pay any penalty, by sending a recorded delivery letter with return receipt to the Issuing Company. If the 7-day withdrawal period ends on a Saturday, a Sunday, or a public holiday, it will be extended to the next working day. If the Subscriber has received his Card(s) during said period, he undertakes to return them, at his own costs and expenses, by means of a letter sent by recorded delivery with return receipt to the Issuing Company.

If the Subscriber exercises his right to withdraw his subscription in accordance with the conditions set forth above he may, when applicable, request a refund for the Subscription(s) that he has already paid for. The refund will be made to the Subscriber within thirty (30) days from the date of receipt of the withdrawal notification from the Subscription.

Should one of the Users of the Subscriber account use any skier days before the expiry of the aforesaid 7-day period, the Subscriber can no longer exercise his right to cancel the Subscription concerned in accordance with the provisions of Article L. 121-20-2 of the French Consumer Code.

 

ARTICLE 6. Period of validity of the Subscription

The Subscription is subscribed to for a period running from the 1st of October of year Y to the 30th of September of Year Y+1, regardless of the date on which the Subscription was taken out.

The Subscription will be renewed by tacit agreement at the price terms in force on the day of renewal. The Subscriber will be informed at least 1 month before the expiry date of his Subscription(s) of the terms applicable to the renewal of his Subscription(s). He will have until the 30^th of September of the then current year to inform the Customer Service that he does not intend to renew his Subscription, if this is the case, either by means of a letter sent by recorded delivery with return receipt, the postmark constituting proof as to the date of despatch, or on the Internet Site, the e-mail confirming receipt of the request for cancellation constituting proof of receipt of the request for cancellation (it is advisable to keep a copy of this e-mail).

Unless a request to cancel the Subscription(s) is received, the Subscription(s) will be automatically renewed for a period of 12 months running from the 1st of October of each year.

The price for renewal of the Subscription(s) will be due for payment on the 1^st of October of each year.

 

ARTICLE 7. Prices and payment terms

 

7.1.   Prices

Each Card issued will give rise to payment of the cost of the Subscription. This cost is to be found on the Internet Site.

The HOLISKI daily rates for use of the ski lifts in the Ski Areas are set by each of the Network's Operators and will be invoiced to the Subscriber in accordance with the price terms in force on the date of usage. The Subscriber is hereby informed that when a User passes through a turnstile at a ski lift access point in a Ski Area, this will give rise to invoicing of the HOLISKI daily rate for the said Ski Area, regardless of the number of times that the ski lifts are used during the day invoiced.

The HOLISKI daily rates for Ski Area ski lifts are published on the Internet Site. These prices are not contractual and are liable to change at any time, including the time when a Subscription is renewed.

All prices stated are per day, inclusive of VAT and payable in euros.

 

7.2.   Payment terms

The price for the Subscription and the Usage resulting from the Users' free circulation in the Ski Areas shall be paid for by credit card. When taking out his Subscription, the Subscriber shall communicate his credit card numbers and expiry date (these will be inputted on a secure site). This credit card payment order will be given by the Subscriber in respect of all the payments to be made in the context of the subscription to HOLISKI, its use and its Services. The information will then be stored by the Issuing Company for payment needs.

Sums due are payable on the date indicated on the invoice.

 

7.3.   Invoicing

Every month, the Issuing Company will draw up a statement of the Usage for the previous month made on the Network by the Users of the Subscriber account. Calculation of Usage will be made per calendar month, including the last day of the month, on the basis of the HOLISKI daily rate in force applicable to the Ski Area concerned, regardless of the number of times the Card was used and whether the User skied in all or only part of the Ski Area.

The statement of Usage will state, for each User of the Subscriber account and for each Ski Area:

• the date on which the Card was used,

• the corresponding amount.

On the basis of the statement of Usage, the Issuing Company will invoice and charge monthly to the Subscriber's credit card the sums due by the latter for the month in question on the score of the Usage made by each of the Users of the Subscriber account, and where applicable, any sums due by the Subscriber in the context of his Subscription.

The invoice does not constitute definitive settlement in respect of all uses made of the ski lifts in the Ski Areas by the Users during the period concerned. Any Usage that was omitted from the statement will be invoiced at a later date.

The records relating to Usage kept by the Issuing Company’s computer system and serving as the basis for invoicing, will constitute proof of Usage, unless they can be proved to be inaccurate.

Invoices will state:

·       the price exclusive and inclusive of VAT;

·       the date of the invoice and the due payment date;

·       he statement of Usage made during the invoice period per Subscriber account User and per Ski Area;

·       if applicable, any Services; ;

·       if applicable, possible indemnities, penalties or charges as provided for in Articles 7.4, 10 and 11.

 

The Subscriber authorises the Issuing Company to send him invoices in electronic format. At the beginning of every month the Subscriber will receive an e-mail containing a hyperlink to his Subscriber account area where he can access his invoices, which he can save and print.

The Subscriber may also subscribe to a paying option to have invoices sent to him by post.

Invoices will be paid by being debited from the Subscriber's credit card on the 5^th of the month following the invoice period, this date not being legally enforceable or contractual

 

7.4.   Failure to make payment

If payment of the invoice is refused, the Issuing Company may issue a further debit request depending on the grounds for the payment refusal. The Subscriber may be served a formal demand to pay the sums due by e-mail or by post. Penalty interest for late payment, at the official French interest rate in force on the date of the invoice, will be payable as from the day on which payment was not made on the due date. This penalty interest will be payable in addition to the principal sum due.

Any failure to make payment as set forth above will lead by right, and without prior notification, to suspension of the Subscriber account Card(s) until the sums due have been paid in full.

If the Subscriber does not pay the sums due and payable within 15 days following the formal payment demand, unless the Subscriber has valid grounds on which to contest the sums invoiced and brings these to the attention of the Issuing Company, the Subscriber Account Subscription(s) will be cancelled by right and without further advance notice. All Usage that has not yet been invoiced will become payable immediately.

Flat rate charges for recovery of the debt will be payable by the Subscriber.

 

ARTICLE 8.    Terms and conditions governing use of the Card

The Card cannot be the subject of a refund and cannot be exchanged. The Card will remain the exclusive property of the Issuing Company.

Throughout its period of validity the Card will entitle the User to unrestricted and unlimited access to the ski lifts in the Network's Ski Areas. The User must keep the Card in his possession throughout all travel on the ski lifts, from the boarding area to the unboarding area.

Access will be granted exclusively on presentation of the Card at the access points and in accordance with the respective periods of opening and opening hours of the Network's Ski Areas ski lifts. In the event of failure to present the Card at the turnstile of an access point, access to the ski lift will be refused. Under no circumstances can the Operator and/or Issuing Company be held responsible for subsequent reimbursement of the purchase of ski lift tickets or passes made by the Subscriber and/or the User as a result of their having forgotten or lost their Card, or it having been stolen.

Checks may be made in order to verify that the Card is being used on a personal basis. Failure to comply with the personal nature of the Card will lead to its immediate confiscation and cancellation of the Subscription.

 

ARTICLE 9. Modification of the identification of the Subscriber and/or the User

In the event of a change of postal address, e-mail address, credit card, or renewal of the latter, the Subscriber undertakes to notify Customer Service of this change within a maximum of 15 days following the said change.

Modification will take effect within a maximum of 8 days following receipt of notification by Customer service of the changes concerned. Modification will have immediate effect if the changes are notified on the Internet Site or by telephone.

Failure to comply with these provisions or cancellation by the Subscriber of the authorisation to debit his credit card will lead ipso jure to cancellation of the Subscriber Account Subscriptions.

 

ARTICLE 10. Loss or theft of the Card

In the event of the loss or theft of a User's Card, the Subscriber or the User must inform the Issuing Company thereof as soon as possible, via Customer Service, either by phone, or via the Internet Site.

The Subscriber or User may also declare the loss or theft of the Card at one of the HOLISKI points of sale in the Network's Ski Areas. The Card will then be deactivated and it will no longer be possible to use it.

An e-mail will be sent to the Subscriber and the User to inform them that the Card has been blocked.

For all new issues of a Card, the Subscriber must imperatively request one from Customer Service or order one directly on the Internet site via his Subscriber account. The Subscriber is hereby informed that a fixed sum (at the rate in force), representing a contribution towards the cost of issuing a replacement card, will be invoiced to the Subscriber and will be payable by credit card. The amount of this charge will be mentioned on the invoice for the following month.

The Issuing Company will send the new Card to the Subscriber by post as soon as possible. The new Card may also be given in person to the Subscriber at the HOLISKI point of sale within the Network's Ski Areas if the declaration of loss or theft was made on the spot.

If the Subscriber or the User recovers the Card that was declared lost or stolen, they must send it back to the Issuing Company by recorded delivery.

 

ARTICLE 11. Faulty Cards

In the event of the Card’s malfunctioning or being subject to a technical fault, the Issuing Company will replace the faulty Card at its own expense, as soon as possible after receipt of the faulty Card, provided that said faulty Card is effectively returned to the Issuing Company.

However, if after verification, the Card's malfunction proves to be attributable to the Beneficiary, the Issuing Company will invoice the Subscriber for the cost of replacement of the faulty Card on the basis of a flat rate charge at the rate in force.

A defective Card may be replaced immediately in one of the HOLISKI points of sale within the Network's Ski Areas or through Customer Service. In the latter case, the defective Card must be returned to the Issuing Company by recorded delivery post.

 

ARTICLE 12. Customer Service

For all questions of a commercial and/or technical nature, Customer Service can be contacted :

• by phone at +33 (0)4 79 75 36 15 (local call rates apply for calls made from a fixed-line phone in Metropolitan France)

• via the Internet Site

• by recorded delivery letter sent to CDA Ski Diffusion – Service Clients - 15 rue François Guise 73000 Chambéry.

 

ARTICLE 13. Cancellation on the initiative of the Subscriber

The Subscriber may at any time unilaterally request Customer Service to cancel his Subscription by phone, on the Internet Site, or via a letter sent by recorded delivery with return receipt. The Subscriber must give the reference details concerning his contract: name, address, phone number(s), e-mail address, Subscriber Account number and the number(s) of the cancelled Card(s). On receipt of the cancellation request, the Issuing Company will send an e-mail confirming cancellation (it is advisable to keep a copy of said e-mail) and will cancel and deactivate the Card(s) attached to the Subscriber Account. The Subscriber Account Users will no longer be able to benefit from the advantages of the Card(s) unless a new Subscription is taken out.

Cancellation will take place on the date indicated by the Subscriber in the notification of cancellation, and at the earliest, or if no date is indicated, two (2) working days as from receipt of the said notification.

Cancellation of the Subscription on the initiative of the Subscriber will not give rise to refunding of the cost of the Subscription, or payment of any compensation. Confirmation of cancellation will be sent by e-mail to the Subscriber. Usage prior to the date of effective cancellation as defined above will be payable by the Subscriber.

 

ARTICLE 14. Cancellation on the initiative of the Issuing Company

The Issuing Company expressly reserves the right to cancel the Subscription(s) by right before their term and to cancel the related Card(s), if the Subscriber and/or one of the Users of the Subscriber Account fail to comply with any of the obligations incumbent upon them by virtue of these standard terms and conditions of subscription, particularly in the case of:

· fraudulent use: failure to respect the personal nature of the Card, whereby it is destined for use by one named person only

· fraudulent or false declarations: false declarations or falsification of documents on the occasion of the issuing or reissuing of the Card

· fraudulent or false declarations: false declarations or falsification of documents on the occasion of the issuing or reissuing of the Card

· failure to pay any amounts due.

In such a case, the Subscriber will not be able to claim any reimbursement, even partial.

The Issuing Company reserves the right to refuse any new Subscription to a Subscriber whose Subscription has already been the subject of cancellation on the initiative of the Issuing Company.

 

ARTICLE 15. The effects of cancellation

 

15.1. Return of the Card

In the event of cancellation, regardless of the reasons thereof, the Subscriber must return the Card(s) in his possession and/or in the possession of the Users of the Subscriber Account to the Issuing Company.

 

15.2. Unpaid amounts

In the event of cancellation, regardless of the reasons thereof, the Issuing Company will issue an invoice for any unpaid amounts due on the score of the Subscription, including Usage. The penalties and indemnities provided for in Article 7 will be added to said amounts where applicable.

 

ARTICLE 16. Complaints/claims

Any complaints or claims must be made on the Internet Site via the Subscriber Account or to Customer Service within 15 days of the event at the origin of the complaint or claim in question.

 

ARTICLE 17. Data processing and personal liberties

The information gathered by the Issuing Company at the time of Subscription by the Subscriber is compulsory and is essential for the issuance of the Card.

This information is intended for use by the Issuing Company, which will be responsible for processing it for the purposes of administrative and commercial management, and by the Operators, service providers and agents for the management and performance of this Subscription.

The postal addresses and e-mail addresses of the Subscriber and the Users may be forwarded to commercial partners.

On this score, the Subscriber and the Users are hereby informed that they may receive offers from the said organisations or companies. If the Subscriber and the Users are willing to have information concerning them forwarded as set forth above, they are requested to tick the corresponding box when filling in their Subscription form.

In accordance with statute no. 78-17 of 6 January 1978 concerning data processing, data files and individual liberties, the Subscriber and the Users are entitled to access personal data concerning them and have it rectified or deleted if appropriate. These rights can be exercised by contacting Customer Service.

 

ARTICLE 18. Intellectual property rights

The Subscriber does not acquire any intellectual property rights or rights of use, and cannot use the trading names, signs, emblems, logos, trademarks, copyright or other signs or any literary, artistic or industrial property rights belonging to the Issuing Company and/or the Operators.

 

ARTICLE 19. Miscellaneous provisions

The Issuing Company reserves the right to modify these standard terms and conditions of subscription. The Subscriber will be notified of any such modifications by e-mail one month before they take effect, except with regard to modifications to the prices for access to the ski lifts in the Ski Areas, which will be applicable with immediate effect.

If these standard terms and conditions of subscription come to be drawn up in several languages, it is expressly agreed that only the French version of these standard terms and conditions will be deemed authentic. Consequently, in the event of any difficulty regarding the interpretation or application of any of the provisions of these standard terms and conditions, the French version alone shall be expressly and exclusively referred to.

These standard terms and conditions of subscription are subject, with regard to both their interpretation and their implementation, to French law. Any dispute that may arise concerning their interpretation or implementation which cannot be settled out of court will be brought before the competent Courts.