I. GENERAL INFORMATION

The operation of the Ski Area of Planards is carried out within the framework of its public service delegation with the Town Hall of Chamonix Mont-Blanc and in accordance with the Mountain Law of January 9, 1985, amended by Law No. 2016-1888 of December 28, 2016.

SOCIETE D’EQUIPEMENTS DES PLANARDS S.A AU CAPITAL DE 510 800.00 €
351, CHEMIN DU PIED DU GREPON 74400 CHAMONIX MONT-BLANC FRANCE
N°SIRET 316 237 502 000 26
N°RCS B 316 237 502 APE 4939 C
N°IDENTIFICATION A LA TVA : FR41 316 237 502

ASSISTANCE : PC Accueil / Service Commercial : + 33 (0)4 50 53 08 97 / info@planards.fr Direction : +33 (0)4 50 53 08 97 / direction@planards.fr

Personal Data (questions / opposition) : info@planards.fr.

The Equipment Company of Planards is insured for professional liability, under the conditions specified by Article L220-1 of the Insurance Code, with the company AXA, policy number 374760.4093.9687, a company governed by the Insurance Code. Head Office: 323 Avenue Ravanel le Rouge, 74400 CHAMONIX MONT-BLANC.

II. GENERAL TERMS AND CONDITIONS OF SALE AND USE OF TRANSPORT TICKETS FOR SKI LIFTS AND RAIL SLIDES

The present general terms and conditions of sale and use of ski lifts and rail sled tickets, hereinafter referred to as “GTCSU,” apply to all ski lift and rail sled tickets that grant customers access to the Ski Area and rail sled.

If a provision of these GTCSU is missing, it will be considered governed by the practices in force in the ski lift sector and for companies with their registered office in France. These GTCSU are valid from 09/12/2007, can be accessed at any time on the operator’s website, and take precedence over any other version, any other conditions appearing in any other document, or any other conflicting document.

In accordance with Article L441-6 of the Commercial Code, these GTCSU constitute the foundation of the commercial negotiation between the parties. The customer acknowledges having read these GTCSU at the time of entering into the contract and accepting them without reservation. In accordance with Article L442-6 I 9° of the Commercial Code, these GTCSU are systematically provided to any customer who requests them from the operator.

1.DEFINITIONS

A) “operator” refers to the Equipment Company of Planards. B) “customer” refers to the user of ski lifts, holding the ticket purchased from the operator. C) “ski area” refers to the ski area of Planards. D) “ski lifts” refers to the cable ski lifts in the ski area. E) “pass” refers to the transport ticket sold to the customer by the operator, at the operator’s official counters, allowing access to the ski lifts in the ski area for the entire duration of its validity. F) “tickets” refer to the transport ticket sold to the customer by the operator, at the operator’s official counters, allowing access to the rail sled.

2. TITLES

2.1 DEFINITION. The offered tickets are ski passes providing access, without any priority of any kind, during their validity period and according to the conditions and modalities specified below, to the entire ski area. The main characteristics of these passes and the corresponding prices are presented in the current valid “flyer,” available upon request from the operator. Photographs illustrating the products are not part of the contractual scope. If errors are present, under no circumstances shall the operator be held responsible.

2.2 HANDS-FREE PASS. Hands-free passes are not included in the pass rate and are charged at the applied rate. In the event of a malfunction of a hands-free pass and within the scope of normal use by the customer of said hands-free pass, the operator may issue a new hands-free pass to replace the defective one. Any hands-free pass folded, pierced, broken, or rendered unusable by any means by the customer may be replaced by the operator once.

2.3 RATE REDUCTION. Passes can be categorized for toddlers (0-4 years), adults GDP (15 to 64 years), children GDP (4 to 14 years), and seniors (65 and +). For the purchase of any pass other than an “adult full fare” pass, the benefit of a rate reduction is subject to the customer’s mandatory presentation at the time of purchase of an identity document indicating their date of birth for age-related rate reductions or appropriate proof for any other type of rate reduction, which may be requested during inspections. The customer’s age will be considered on the first day of validity of the pass in question. No reduction will be granted after the purchase of the pass.

2.4 WEARING THE PASS. Pass holders must wear the pass in one of the left pockets of their clothing, excluding hats and gloves, and without telephone, bank card or another magnetic card.

2.5 PASS CATEGORY. A category of pass is offered for sale by the operator: a) Passes: Passes are available in four durations (day, four consecutive hours, stay of five to six consecutive days). b) Single tickets or unlimited one-hour rail sled tickets.

2.6 DELIVERY NOTE AND SALES RECEIPT. Any issuance of a pass results in the issuance of a receipt, which includes the nature of the pass, its validity date, and its unique number. This receipt must be kept carefully and presented in case of any claims. Flat-rate compensation terms in the event of a service interruption on the ski area. In the event of a complete and continuous stoppage of more than 75% of the ski lifts (accessible with the pass) for a duration exceeding half a day, the customer holding a stay pass may, at their choice, benefit upon presentation of supporting documents (receipt provided at the time of purchase): – either an extension in day(s), granted at the end of the pass’s validity. – or a refund, upon submission of supporting documents, within two months upon written request to the operator; the refund, calculated at the end of the pass’s validity, will be equal to the difference between the price paid by the customer and the days actually used by the customer, and will be processed within four months following the receipt of said documents.

3. Meteorological Hazards

The operator cannot be held responsible for the meteorological conditions encountered during the use of the pass. It is the responsibility of each customer to inquire about the weather and visibility conditions through all available means (cashier, website, real-time information). Weather conditions can change very rapidly in the mountains.

4. LOSS, THEFT, FORGETTING, OR DAMAGE TO A PASS

Lost, stolen, forgotten, or damaged passes can be replaced only once and according to the following terms and conditions:

• The pass’s unique number must be known to the customer to prevent its use by a third party and thus allow the issuance of a replacement pass. This number is found on the receipt provided at the time of purchase.
• It is strongly advised for the customer to request this receipt at the time of the transaction and keep it to justify the purchase at any time. If the unique number is known as mentioned above, a pass called a “new pass” is issued. This pass is identical in every way to the first pass purchased concerning its validity. The lost, stolen, or damaged pass will be blocked in our control system.

5. TOTAL OR PARTIAL REFUND IN CASE OF ACCIDENT, INJURY, OR ILLNESS

Passes that have not been used or used partially will not be refunded or exchanged, regardless of the cause: illness, accident, or any other personal reason for the customer, regardless of the validity period of the pass. It is possible to cover this type of risk with specific insurance. All relevant information can be obtained from the operator’s sales points. (example: e-gloo protect in winter)

6. CANCELLATION OF A PURCHASE

Any pass that has not been used can be refunded or exchanged. The customer must go to the cashier with the pass or ticket and the purchase receipt. The refund will be made in cash only.

7. COMPLAINT ABOUT STAINED CLOTHING

In the case of a complaint by the customer about stained clothing, it must be made on the same day to the complaint service of the Equipment Company of Planards – 351 Chemin du Pied du Grépon – 74400 CHAMONIX, and by email to info@planards.fr. A copy of the pass must be attached by the customer to the complaint, along with the purchase invoice and the sales receipt. In the absence of the production of these justifications and the observation of the stained clothing on the same day by a sector manager or an operations manager, the customer’s complaint will be deemed inadmissible. The operator will retain the freedom to determine the terms of coverage based on its seniority.

8. ONLINE SALE / VENDING MACHINES

8.1 GENERAL INFORMATION. The conditions mentioned below apply indiscriminately to online sales (via the internet, without the assistance of an operator). The validation of an order placed through the online sales module of the operator implies the customer’s adherence to these specific online sales conditions. If a provision were to be lacking, it would be considered governed by the practices in force in the online sales sector for companies headquartered in France. These conditions supplement the General Terms and Conditions (CGV) displayed in all points of sale and also available online. In accordance with current legal provisions, all these conditions are made available to customers who have the option to download and print them. Contractual information is presented in the French language.

8.2 PRODUCTS AVAILABLE FOR ONLINE SALE a) Packages: packages are available for a specific duration (4 hours, one day, …).
b) Single or pack rail sled tickets: The products offered as part of online sales on the website www.planards.fr are packages, usable throughout the ski area operated by the operator. Important: the buyer must have their purchase receipt or order confirmation. The hands-free pass will be automatically loaded by either previously using one of the operator’s ski lifts or simply by passing your package in front of one of the terminals in our ski area.

8.3 PROCESS OF ORDERING TICKET PACKAGES

Step 1: Product and date selection (optional depending on the products), ski card (charged at the applied rate) and optional ski insurance (charged at the applied rate) then validation. A shopping cart allows the selection of multiple passes before proceeding to payment. At any point in the purchasing process, it is possible to modify the content of the order or cancel the sale. In accordance with current legal provisions, the customer has the option to check the details of their order and its total price, and correct any errors before confirming it to express their acceptance.

Step 2: Customer data registration (name + first name + photo). Hands-free badges are not refundable and cannot be subject to any reimbursement by the operator; the hands-free badge is free. The hands-free badge is reusable by the customer as long as it is compatible with the operator’s ticket issuing and control system. In the event of a change or adaptation by the operator of the ticket issuing and control system, the customer must acquire a new hands-free badge from the operator, who will not be obliged to refund the customer for the price of the hands-free badge that has become incompatible. In the event of a defective operation of a hands-free badge and within the framework of normal use by the customer of said hands-free badge, the operator may issue a new hands-free badge to replace the defective one. However, any hands-free badge that is folded, pierced, broken, or rendered unusable by any means by the customer can be exchanged by the operator once.

Step 3: Badge delivery address. Available at the PC Accueil cash registers and vending machines, 351 chemin du Pied du Grépon, 74400 CHAMONIX. The customer must validate the step consisting of the customer’s acceptance of the general terms and conditions and online sales conditions.

Step 4: Online payment (secure site: https), cash payment (100% at the time of purchase).

Step 5: Order confirmation. Once the payment is made and accepted by the bank, the operator provides a confirmation form summarizing all the products the customer has confirmed, the order reference, the address to collect the pass, and an invoice. This invoice must be kept by the customer during their stay. The ordered passes (hands-free badges) will be available at the vending machines. The hands-free badge is mandatory for any pass purchased online. The hands-free badge is only the support for a transport pass. If the customer has filled a ski pass number at checkout, the ski pass purchased will be automatically loaded onto the badge when the customer encounters the operator’s first control terminal.

8.4 ACCEPTANCE OF TERMS

The customer acknowledges having read, at the time of placing the order, the General Terms and Conditions (GTC) displayed at the operator’s cash registers and also available online, as well as the specific conditions of online sales of the operator stated on this screen, and expressly declares to accept them without reservation. The GTC and the specific conditions of online sales of the operator will prevail over any other conditions appearing in any other document, except for prior, express, and written derogation from the operator.

8.5 ORDER

Automatic recording systems are considered as proof of the nature, content, and date of the order. Orders with payment by credit card that are confirmed are those that have been approved by the banking institution. The refusal of authorization to debit the customer’s bank account by their bank consequently leads to the cancellation of the ordering process. The operator confirms the acceptance of the order to the customer at the email address provided by the customer (which must be kept by the customer along with the order summary). The sale will only be concluded upon confirmation of the order. The operator reserves the right to cancel any order from a customer with whom there is a dispute regarding the payment of a previous order. The information provided by the customer when placing the order binds the customer: in case of an error in the recipient’s contact details, the operator cannot be held responsible for the impossibility of delivering the ordered product.

8.6 RIGHT OF WITHDRAWAL

Article L221-2 9° of the Consumer Code: the right of withdrawal, provided for in Articles L221-18 and following of the Consumer Code, does not apply to the distance selling of passes. Therefore, for any pass order placed with the operator, you have no right of withdrawal.

8.7 PRICES

The price stated in the order confirmation is the final price, expressed in euros, including all taxes and VAT at the rate applicable in France on the day of the pass sale. The price may be subject to change in case of variations in applicable taxes. This price includes the cost of the products, handling, packaging, and storage of the products, as well as transportation and service charges.

8.8 PAYMENT

The price charged to the customer is the price indicated on the order confirmation sent by the operator. The price of the products is payable in cash on the day of the actual order. The products and/or services ordered remain the exclusive property of the operator until full payment of the price. Payment is made by credit card bearing the CB logo. Online, PAYBOX allows you to pay through a Credit Agricole des Savoies bank server, in a secure environment. Your credit card number is directed to the bank’s servers, and your payment is made directly to a bank in a secure environment, with the guarantee being all the more significant as your numbers are known only to our banking partner (Credit Agricole des Savoies). The order validated by the customer will be considered effective only when the relevant bank payment centers have given their approval. In case of refusal by these centers, the order will be automatically canceled, and the customer will be notified by email. Furthermore, the operator reserves the right to refuse any order from a customer with whom there is a dispute. In the case of a sale made by phone (with the assistance of an operator), the banking transaction is carried out under the same conditions of security and confidentiality, with the information transmitted by phone not being stored or recorded at any time.

8.9 The modification of an online purchase

The request for a modification of the order must be made directly on-site, at the central cashier of Domaine des Planards, 351 chemin du Pied du Grépon, 74400 CHAMONIX, before any use of the said pass.

8.10 CANCELLATION OF AN ORDER

In the case of a justified cancellation of an unused order, this must occur no later than 10 days after the purchase. Please note that supporting documents will be required. The request should be sent to info@planards.fr

8.11 ORDER TRACKING

For any additional information, the service is at the customer’s disposal at the following address: info@planards.fr.

8.12 RESPONSIBILITIES AND WARRANTIES

The operator is only bound by an obligation of means for all stages of access to online sales. The operator does not guarantee that the website will be free of anomalies, errors, or bugs, nor that they can be corrected, nor that the website will operate without interruption or failure, nor that it is compatible with hardware or a particular configuration other than that expressly validated by the operator. The operator is in no way responsible for malfunctions attributable to third-party software, whether or not incorporated into the site and provided with it. Under no circumstances will the operator be liable for any type of foreseeable or unforeseeable damage (including loss of profits or opportunity) arising from the use or total or partial inability to use the website. Finally, the operator cannot control all the sites to which it refers via hypertext links and is in no way responsible for their content. The customer declares to be aware of the characteristics and limitations of the internet, especially its technical performance, response times for consulting, querying, or transferring data, and the risks related to the security of communications.

8.13 MODES OF PROOF
The online provision of the credit card number and, in general, the final confirmation of the order by the customer serves as proof of the entire transaction in accordance with the provisions of Law No. 2000-230 of March 13, 2000, as well as the enforceability of the payment. This confirmation serves as a signature and express acceptance of all transactions carried out on the relevant online sales module.

8.14 PROCESSING OF PERSONAL DATA

The computerized processing implemented aims to facilitate the purchase of passes by the operator’s customers and to implement a loyalty program, including the allocation of preferential rates reserved for online buyers. In general, the information provided and the tracking of purchases help better understand the customer and offer services and products that best meet their expectations. In accordance with the Data Protection Act of 06/01/1978, amended by the law of August 6, 2004 (amended on June 20, 2018), the customer has the right to access, rectify, oppose, and portability of the information concerning them, which can be exercised:

• • By mail to: Société d’Équipements des Planards – 351 chemin du Pied du Grépon – 74400 CHAMONIX, indicating name, first name, address.
  • By email to info@planards.fr

The operator, through its commercial and marketing department, will be the sole user of this information. The operator is committed to respecting and protecting the confidentiality of the transmitted data and not selling or transferring all or part of its files to any third party.

The information requested on our site includes, in particular:

• • Personal details (title, last name, first name).
  • The customer’s email address, useful for receiving a confirmation of the purchase made, and the assigned badge number if applicable. (Note: The operator does not retain in its files the customer’s payment data: type of credit card, card number, validity, and name/first name of the cardholder).

The operator also retains a history of the purchases made by the customer online, used for statistical purposes. The operator may use this data for various studies aimed at improving our services. The operator reserves the right to collect customer data, including through the use of cookies that the customer can accept or refuse. Personal data of customers who have not used the operator’s services for 3 years will be automatically deleted from our computerized files. The customer is informed that this automated internet information processing has been recorded in a processing register (GDPR principle).

8.15 ARCHIVING
The archiving of orders is carried out by the internet sales department of the operator in accordance with Article L213-1 of the Consumer Code. Access to this file is possible upon simple request from the customer, to be formulated with the operator or by email at the following address: info@planards.fr.

9. USE OF PASSES

It is the responsibility of each customer to inquire about the category of pass that best suits their needs. The pass cannot be loaned, whether for free or for a fee. Any partially used pass cannot be refunded or exchanged. The pass is strictly personal, non-transferable, and non-assignable for the entire duration of its validity. As a user of ski lifts, the customer must carry their valid pass throughout each journey, from the departure area to the arrival area, in order to present it to any authorized agent of the operator who has the right to request it.

Anyone using a ski lift to access the ski area without a pass or with a non-compliant pass may be subject to the legal actions and penalties outlined below. The same applies if the pass holder fails to comply with the police regulations displayed at the start of the ski lifts.

The absence of a pass or the improper or misused use of a pass is subject to the payment of a lump sum indemnity equal to five times the value of the daily pass for the ski area, and, if applicable, the amount due for transportation (Article 529-4 of the Code of Criminal Procedure), plus processing fees fixed at €30.00. The falsification of a pass or the use of a falsified pass is subject to criminal prosecution as well as the payment of damages.

10. PRICES

The price is expressed in euros. The price stated in the purchase confirmation is the final price, inclusive of all taxes and VAT at the rate applicable in France on the day of the pass sale. The price is subject to change in case of variations in applicable taxes.

11. PAYMENT

The price charged to the customer is the price indicated on the cash receipt provided by the operator. Unless there is a prior agreement in the form of a negotiated contract between the customer and the operator’s commercial service (tel. +33 (0)4-50-53-08-97), and signed by both parties, the price of the products is payable in cash on the day of purchase at the cash registers, by credit card (Visa/Mastercard, Amex not accepted), or by holiday vouchers (no change given).

12. INSURANCE

For ‘day’ and ‘stay’ passes, the customer can choose, as an option on their pass, to subscribe to daily insurance called ‘e-gloo protect,’ subject to the conditions of the company ‘e-gloo protect,’ accessible through this link www.e-gloo.eu and charged at the applied rate.

13. COMPLIANCE WITH SAFETY RULES

The ski area user is required to comply with safety rules regarding transport by ski lifts, including the police regulations displayed at the start of the ski lifts, the accompanying pictograms, and all instructions from the operator’s personnel, under penalty of sanctions. The user of the rail sled must adhere to safety rules displayed at the start of the sled run, as well as all instructions from the operator’s personnel, under penalty of sanctions.

On the ski slopes, the ski area user must comply with the municipal regulations regarding safety on the ski slopes. It is also recommended to adhere to the ten rules of conduct for ski slope users published by the International Ski Federation (FIS). Skiing off-piste is done by the user at their own risk.

14. INTELLECTUAL PROPERTY

The trademarks, designs, and graphics displayed on the passes, posters, or price lists are registered, and their reproduction is strictly prohibited.

15. PRE-CONTRACTUAL INFORMATION – CUSTOMER ACCEPTANCE

The customer acknowledges having been provided, prior to the conclusion of the contract, in a clear and understandable manner, with these General Terms and Conditions (GTC) and all the information and details referred to in Article L111-1 of the Consumer Code. The customer waives, in particular, the right to rely on any contradictory document that would be unenforceable against the operator.

16. CO2 INFORMATION FOR TRANSPORT SERVICES

Pursuant to Article L1431-3 of the Transport Code, the operator hereby communicates the CO2 information related to transport services by ski lifts as follows: – the CO2 emissions for a day pass are 140 g, equivalent to a car journey of 1.3 km. – the CO2 emissions for a pedestrian pass are 112 g, equivalent to a car journey of 1 km. For an average vehicle, the CO2 emission is 110 g/km.

17. TRANSLATION OF THE CONTRACT AND DISPUTE RESOLUTION

The General Terms and Conditions (GTC) are written in the French language. In the event of translation into one or more languages, only the French text shall prevail in case of dispute.

18. PROTECTION OF PERSONAL DATA

In the context of managing a service, data is archived for 5 years after its completion. As part of anti-fraud management, proof is required for reduced rates. In the absence of this documentation, Société d’Équipements des Planards cannot apply the corresponding reductions, and the full daily rate will be applied.

Société d’Équipements des Planards complies with the obligations arising from Regulation (EU) 2016/679 on the protection of personal data, as well as Law No. 78-17 of January 6, 1978, amended on June 20, 2018, known as the “Information Technology and Liberties” law, and ensures the implementation of technical and organizational measures to ensure data protection.

Domaine des Planards is currently in the process of implementing a personal data protection policy and will officially appoint a Data Protection Officer to the national supervisory authority. It is making every effort to ensure the compliance of personal data processing and the rights of the individuals concerned. In accordance with the current “Information Technology and Liberties” legislation on the protection of personal data, you have the rights of access, rectification, erasure (right to be forgotten), opposition, limitation of processing, and portability concerning your data.

You can also establish guidelines regarding the retention, erasure, and disclosure of your personal data after your death. For reasons related to your particular situation, you may object to the processing of data concerning you. To exercise your rights, please send your correspondence to Société d’Équipements des Planards – 351 chemin du Pied du Grépon – 74400 CHAMONIX MONT-BLANC or by email to info@planards.fr.

Please attach proof of identity. Subject to any breach of the above provisions, if you believe, after contacting us, that your data protection rights are not being respected, you can file a complaint online or by postal mail with the CNIL (French Data Protection Authority). These General Terms and Conditions (GTC) are subject, both in interpretation and implementation, to French law. Complaints or disputes will always be received with attentive benevolence, with good faith always presumed in those who take the trouble to explain their situations.

In accordance with the provisions of Article L211-3 of the Consumer Code, in the event of a dispute regarding the validity, interpretation, or execution of these general conditions, the customer can resort to a free conventional mediation procedure or any other alternative dispute resolution method. The customer is informed of the possibility of using a mediation procedure with the tourism and travel mediator (MTV Médiation Tourisme Voyage, BP 80 303, 75823 PARIS cedex 17) according to the terms 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.

In the absence of an amicable settlement, the dispute will be brought by the most diligent party before the competent courts. In the event of a dispute, the customer can contact the website by phone: +33 (0)450 53 08 97, or by email: info@planards.fr.

19. SPECIAL PROVISIONS

19.1 ENERGY RESTRICTION MEASURES
In the context of an energy crisis, authorities may impose energy restriction measures that could affect the ski lift transportation and the operation of the ski area. In such a case, the operator undertakes to inform its customers as soon as possible after being informed by the authorities/energy supplier of the anticipated impacts on ski lifts and the ski area. In such an eventuality, the provisions regarding closures and interruption of services will apply.