Terms and Conditions of Use
ARTICLE 1: ACCEPTANCE AND ENFORCEABILITY OF THE GCC
The User declares that he/she has read these GTUs.
In any event, any use of the Website by the User implies unreserved acceptance of the GTUs in force. The User may be required to expressly accept them by ticking the box provided for this purpose when completing the online ordering procedure.
The GTC can be consulted and printed at any time via the direct link on the home page of the Website. They shall prevail, if necessary, over any other version or any other contradictory document.
As the GTUs may be subject to subsequent modifications, the version applicable to the User is the one in force on the Website on the date the order is placed. In the event of the User browsing the English language version of the Website, and even in the presence of general terms and conditions of use of the Website in English, the applicable version is always the French version.
ARTICLE 2 : SERVICE
2.1 CHARACTERISTICS OF THE SERVICE
Alpe d'Huez Vacances has developed an online platform whose main activity is the aggregation of commercial offers from partners (hereinafter referred to as the "Partners"), allowing the pooling of Alpe d'Huez offers in order to improve the range of services offered to the Users.
The Website presents to the User the commercial offers of the Partners which are, among others
- Booking of ski passes
- Accommodation services
- Rental of equipment
- Booking of ski lessons
- Activities in the resort
The User can then choose and book one or more commercial offers that meet the needs of their stay.
The commercial offers that appear on the Website are proposed by Partners who may be professionals or non-professionals - particularly in terms of accommodation.
2.2 RANKING OF COMMERCIAL OFFERS
The presentation of commercial offers on the Website is generally carried out according to a criterion of availability, price and geolocation. Thus, the list of accommodations, in particular, is presented next to a map of the destination positioning them.
ARTICLE 3: PROVISION OF RELATED TRAVEL
With respect to the offers proposed by the Partners on the Website, Alpe d'Huez Vacances acts only as an independent technical intermediary, provider of an aggregation platform and does not create, sell, resell, supply, control, manage or propose any commercial offers itself.
As such, Alpe d'Huez Vacances shall not be considered as an organiser or retailer of package travel within the meaning of Directive (EU)
The commercial offers proposed on the Website are specific to each Partner. The Partners are therefore solely responsible for their advertisements and the services offered. When the User places an online order via the Website, he/she directly enters into a contract with the selected Partner(s).
Alpe d'Huez Vacances is not involved in the contractual relationship between the User and the Partner(s) and is neither a real estate broker nor a travel agency. Therefore, in case of problems, please contact the relevant service provider.
ARTICLE 4: BOOKING PROCEDURE AND ONLINE ORDERING
4.1 GENERAL USE
The online ordering procedure is reserved for the User who is at least 18 years old and has the legal capacity to contract.
The User must have the consent of all persons for whom the services are booked through the Website, as well as the authorisation of the parents of all minors taking part.
The User guarantees the truthfulness and accuracy of the information provided.
When ordering online, acceptance of these GTC and the general terms and conditions of sale of the Partners is done by ticking the box provided for this purpose. If this is not done, it will be impossible to continue the order.
4.2 SELECTION AND ORDERING OF COMMERCIAL OFFERS
- The User may order online, from the Website, one or more commercial offers proposed by the Partners.
- The User is asked to select the date of their stay;
- Following the User's choice, the Website communicates the different commercial offers available from its Partners: accommodation and/or ski passes and/or ski lessons and/or equipment hire and/or other products or services;
- Depending on his needs, the User can choose between one or more commercial offers. For the purposes of the service, the User will be required to complete a certain amount of information (dates, title, etc.);
- A summary showing all the User's choices and the characteristics of the commercial offer(s) chosen enables the User to check the details of his order online;
- The User may then, subject to acceptance of these GCU and the general terms and conditions of each Partner whose offer has been selected by the User, validate his order;
- The User must then proceed to pay the price. The contract is then validly concluded between the User and the selected Partner or Partners;
- Finally, the User receives an order confirmation email from each of the Partners with whom he has booked a service;
- The selected Partner(s) will be aware of the overall booking in order to facilitate the collection of the different orders.
The ordering procedure comprises - at least - the following steps:
4.3. RATES FOR COMMERCIAL OFFERS
The prices of the commercial offers are freely fixed by the Partners. The prices are expressed in euros (€).
The rates are subject to change and are enforceable against the Website User as of their publication online. The applicable price is the one in force on the day of the order.
ARTICLE 5: ONLINE ORDER PAYMENT
Validation of an order on the Website entails payment of the order, in accordance with the terms and conditions specified by the Partner(s) concerned, online, in particular by bank card (Visa MasterCard, E-carte bleue).
The User guarantees that the means of payment used is valid and that it is not the result of a fraudulent operation.
Once the payment has been made, the order can no longer be modified.
Online payment is made via a payment service provider, the company S- MONEY, an electronic money institution; approved in France and controlled by the ACPR (Autorité de Contrôle Prudentiel et de Résolution), a subsidiary of the BPCE group. For more information see: www.s-money.fr
Alpe d'Huez Vacances shall not be held liable for the operation of the online payment service.
ARTICLE 6: RIGHT OF WITHDRAWAL
Pursuant to Article L. 221-28 of the French Consumer Code, the services and accommodation, transport, catering and leisure activities that must be provided on a specific date and at a specific time, offered by the Website, are not subject to the right of withdrawal.
Consequently, the services ordered on the Website are exclusively subject to the cancellation and modification conditions provided for in the specific conditions of service of each of the Partners.
ARTICLE 7: LIABILITY
7.1. FOR THE USE OF THE WEBSITE
Due to the nature of the Internet, Alpe d'Huez Vacances can only be held liable for the functioning, availability and continuity of the Website.
Alpe d'Huez Vacances shall not be liable for any malfunction, anomaly, error or bug of any kind, which makes the use of the Website totally or partially impossible.
Alpe d'Huez Vacances shall not be liable for the use that the User makes of the information made available through the Website, the User being and remaining solely responsible for the use that he/she makes thereof.
Alpe d'Huez Vacances endeavours to provide Users with the most reliable and qualitative information available. However, it does not guarantee the accuracy and completeness of the information provided on the Website.
7.2. FOR COMMERCIAL OFFERS
Alpe d'Huez Vacances does not control or guarantee the quality, safety, suitability or legality of the commercial offers proposed by its Partners and present on the Website. In case of difficulties, the User shall contact directly the Partner(s) concerned.
Each Partner is solely and fully responsible for the offers it presents and makes available to the Users of the Website, both in terms of their compliance with the applicable provisions and the characteristics presented.
Alpe d'Huez Vacances shall not be held liable for the non-performance or improper performance of all or part of the services provided and implemented by the Partners.
The offers presented on the Website are not exhaustive of all the offers available in Alpe d'Huez.
In order to collect information on how Users visit its website, Alpe d'Huez Vacances only uses an analysis service provided by Plausible Analytics.
Plausible Analytics uses the data in an anonymous way to analyse the use of the website on behalf of the website operator. It is then used to compile statistical reports that measure and analyse the number of visits to the site and its pages, the average time spent on the site and the pages viewed.
Alpe d'Huez Vacances may occasionally use Hotjar (mouse tracking) which will temporarily install cookies on the website to analyse the customer's browsing experience. This data will allow Alpe d'Huez Vacances to improve the website and the customer's shopping experience.
ARTICLE 9: INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights, in particular copyrights, relating to the general structure of the Website as well as to the texts, illustrations, photographs, animations, sounds, software, interfaces, computer programs and any other element composing the Website remain the exclusive property of Alpe d'Huez Vacances or of their respective owners in accordance with the provisions of the French Intellectual Property Code, and may not be used without prior authorisation.
Nothing herein shall be construed as assigning or transferring to the User all or part of the intellectual property rights relating to the Website or any of its components.
Any exploitation, whether commercial or not, including but not limited to downloading, copying, reproduction, distribution, transmission, broadcasting, adaptation, translation or representation, in whole or in part, of the Website or any of its components by any current or future means and process, on any current or future medium, without the prior written consent of Alpe d'Huez Vacances, is prohibited and may give rise to legal proceedings, including but not limited to, forgery, unfair competition and/or parasitism, punishable by the applicable provisions in force.
ARTICLE 10: INVALIDITY
If any of the stipulations of these GCU should prove to be null and void with regard to a rule of law in force or a judicial decision that has become definitive, it shall then be deemed unwritten, without this leading to the nullity of these GCU or altering the validity of its other stipulations.
ARTICLE 11: APPLICABLE LAW - LANGUAGE
The GTC and the operations resulting from it are governed by and subject to French law.
The language of these GTUs is French. In the event that they are translated into one or more foreign languages, only the French Text shall be deemed authentic in the event of a dispute.
ARTICLE 12: DISPUTES
12.1 ACCESS TO COURTS
Any dispute arising out of the validity, interpretation, performance or termination of these GTC, and more generally out of the relationship of any kind between Alpe d'Huez Vacances and the User, shall be submitted to the competent French courts in accordance with the conditions of common law, except in the case of mandatory legal provisions or public order provisions to the contrary.
Alpe d'Huez Vacances, the Partners and the User shall endeavour to resolve amicably any difficulties that may arise in the application of these terms and conditions.
In the absence of a satisfactory response or in the absence of a response within 60 days, the User is hereby informed that he/she may, in any case, resort to a conventional mediation free of charge with the Tourism and Travel Ombudsman service whose contact details and referral procedures are available on its website: www.mtv.travel
The User may also refer the matter to the European Mediator via the European platform for the settlement of disputes, accessible at the following link: https://ec.europa.eu/consumers
ARTICLE 13: MANDATORY PRE-CONTRACTUAL INFORMATION
The User acknowledges having been informed, prior to placing the order, in a legible and comprehensible manner, of these GCU and of all the information listed in article L. 111-1 et seq. of the Consumer Code, in particular :
- The essential characteristics of the service, taking into account the communication medium used and the service concerned;
- The price of the service and any additional costs to be expected;
- The methods of classification and referencing of the commercial offers proposed on the Internet Site
- The terms of payment;
- In the absence of immediate execution of the contract, the date or deadline by which the Partner undertakes to execute the service;
- Information about the Partner's identity, postal, telephone and electronic contact details and activities, insofar as this is not apparent from the context;
- Information on legal guarantees, the functionalities of the digital content and, where applicable, its interoperability, the existence and implementation of guarantees and other contractual conditions;
- The possibility of recourse to a mediator in the event of a dispute.