Terms of Sales

The ORGANISER gives the mission to the RESELLER, which accepts it, according to the terms and conditions hereof, to sell the tourist products (hereinafter ‘Tourist Products’) developed by the ORGANISER to its individual and group Clientele (hereinafter ‘Clientele’). For the purposes hereof, ‘Group’ is defined as a set of travellers constituting a minimum number of 20 people or representing a minimum of 6 accommodation units and 20 people for ski lift passes.
The Tourist Products developed by the ORGANISER constitute tourist packages within the meaning of Article. L211-2 II of the Tourism Code. Each Tourist Product contains at least one accommodation and one ski lift pass and may include other optional services.
 
ARTICLE 1. IDENTIFICATION OF THE ORGANISER
Serre Chevalier Tours, Inbound Travel Agency,
Simplified joint-stock company with shared capital of €150,000.00,
Le Serre d’aigle-Place du Téléphérique-Chantemerle, 05 330 Saint-Chaffrey, France - Company Trade Register (RCS): Gap, no. 878 438 670,
ATOUT (French National Tourist Development Agency) registry no. IM005190005
Intra-community VAT no.: FR40878438670
E-mail: scv.booking@compagniedesalpes.fr
Financial guarantee: Atradius Credit Insurance NV- 44, avenue Georges Pompidou-92596 Levallois Perret Cedex, France
Public liability insurance policy no. 086 351 239 Allianz Iard- 1 Cours Michelet – CS 30051- 92076 Paris La Défense Cedex, France.
 
ARTICLE 2. CONDITIONS OF SALES PROMOTION

2.1  Essential conditions
The RESELLER undertakes to distribute the Tourist Products of the ORGANISER, either directly to its Clientele or through its distribution network. The RESELLER shall be personally responsible for the terms and conditions of sale offered to its Clientele, for the content and conditions of entering a reservation contract with the above-mentioned Clientele, as well as for compliance with the applicable legislative provisions in terms of Consumer law and Tourism law. The RESELLER recognises and shall strictly comply with the legislative and regulatory obligations to which it is subject concerning travellers, in particular with regard to the EU Directive of 25 November 2015, referred to as ‘Package travel’, applied to the code of French tourism. The RESELLER, in particular, is required to provide clear and complete information to its Clientele, both at the pre-contractual stage (Article R211-4 of the Tourism Code or equivalent text in its country of origin) and at the contractual stage (Article R211-6 of the Tourism Code or equivalent text in its country of origin). The RESELLER acknowledges it has received all the elements necessary to meet the obligations mentioned above from the ORGANISER. The former thus guarantees the ORGANISER against any conviction, legal and extra-legal costs resulting from any recourse and shall indemnify the latter for any damage that may arise from the violation of this provision. The Tourist Products developed by the ORGANISER do not include cancellation insurance. The RESELLER shall offer its Clientele appropriate assistance and cancellation insurance.
 
2.2   Tourist Products
Each Tourist Product constitutes a tourist package as defined in Article L211-2 II of the Tourism Code and includes at least one accommodation unit and one ski lift pass and, optionally, other ancillary services. Details of the tourist products can be found in the annual contract.
The RESELLER shall, both personally and through its distribution network, inform its Clientele that a security deposit may be requested upon arrival by the host. This security deposit is intended to compensate, subject to any additional recourse, the host for any damage and/or disturbances of any kind whatsoever for which the Clientele may be responsible, both in the private and common areas of the building, which may be extended to include the resort in general.
The RESELLER must inform its Clientele of the terms and conditions of use of ski lift passes, available and downloadable from the websites of the ski lift operators concerned (www.serre-chevalier.com/fr/cgv) and displayed at all their points of sale.
 
2.3   Methods of sales promotion
The RESELLER shall, under its exclusive responsibility, proceed to sell the Tourist Products, respecting the conditions provided for herein and according to the regulations and customs applicable to the profession, by means of:
- publication and distribution of all advertising media (posters, catalogues, websites…) that it deems useful,
- support of its distribution network, for whom it shall be responsible in all circumstances.
In the context of usage of methods referred to above, the RESELLER will remain solely civilly and criminally responsible for the accuracy and truthfulness of all indications, representations and information contained in all brochures, publications, communication media or advertising established as such, and shall be held personally liable for any misleading or false advertising violation.
 
ARTICLE 3. CONDITIONS OF RESERVATIONS
Reservations and option requests for Tourist Products can be made by contacting the ORGANISER by email at the following address: scv.booking@compagniedesalpes.fr.
Any option request is valid for fifteen (15) days. To confirm the option, the RESELLER must imperatively return the signed quote and include a 25% deposit.
If a deposit is not received before the option expires, the booking will be automatically cancelled without any additional formalities. The only binding reservations of Tourist Products are those whose availability was confirmed by the ORGANISER with the deposit payment made by the RESELLER by the date defined in the quote.
For all reservations, the remaining balance must be paid, at the latest, 30 days before the date of arrival of the Clientele. In case a booking request was made 30 days or less before the arrival date of the Clientele, payment of the full amount of the booking will be required.
The complete rooming list must be communicated, at the latest, 15 days before the arrival of the Clientele.
 
ARTICLE 4. MODIFICATION AND CANCELLATION
4.1  Modification by the RESELLER
Any request for modification must be sent by the RESELLER to the ORGANISER in writing to the following e-mail address: scv.booking@compagniedesalpes.fr.
The modification must relate to the content of the services comprising the Tourist Product without reducing the quantity of accommodation units. Any request to reduce the number of accommodations will be considered a cancellation and is regulated by Article 4.2 below. No modification will be considered if received less than three (3) days before the arrival date of the Clientele.
 
4.2  Cancellation by the RESELLER
The RESELLER may cancel the Tourist Product at any time before the date of arrival upon payment of the cancellation fees according to the price scales specified in the contract signed between the ORGANISER and the RESELLER for each sales season. Any request for partial or total cancellation of the Tourist Product must be sent by the RESELLER to THE ORGANISER, in writing, to the following email address: scv.booking@compagniedesalpes.fr
To apply the scales of the cancellation fee, the date of the cancellation request retained will correspond to the date the email was sent, provided it is received by the ORGANISER by 4:00 p.m. If the request is sent after 4:00 p.m., the first following working day will establish the official date. Please note that the ORGANISER, throughout the year, may put into place, occasionally, certain promotional offers that are subject to particular cancellation conditions and take precedence over the provisions of this article. The RESELLER is therefore advised to read the specific conditions of each promotional offer as well as its modification and cancellation conditions.
 
4.3  Modification by the ORGANISER
In accordance with the provisions of Article L211-13 of the Tourism Code, the ORGANISER reserves the right to unilaterally modify the conditions of execution of the Tourist Products before the date of arrival of the Clientele.
The ORGANISER must inform the RESELLER of any minor changes made. The RESELLER cannot claim any compensation due to modifications made by the ORGANISER.
In accordance with Article R211-9 of the Tourism Code, in the event that the ORGANISER is obliged to modify one of the essential elements of the Tourist Product ordered by the Clientele, or if the ORGANISER cannot meet the specific requirements of the Clientele that it has expressly accepted, the ORGANISER must notify the RESELLER of the fact as soon as possible.
The Clientele of the RESELLER reserves the right to refuse the proposed modification and obtain a full refund of the price paid. In the event that the Clientele of the RESELLER accepts changes to the Tourist Product made by the ORGANISER, a new booking confirmation will be sent to the RESELLER with all the required information. When the modifications that were made result in a decrease in the quality of the Tourist Product initially planned or its price, the RESELLER has the right, in the name and on behalf of the Clientele, to an adequate reduction in price.
The RESELLER expressly accepts these conditions and shall inform its Clientele or its network in a clear and understandable manner, in compliance with Article R211-9 of the Tourism Code.
 
4.4  Cancellation by the ORGANISER
Should the ORGANISER be obliged to cancel the Tourist Product for reasons other than those referred to in Article 5 below, it shall inform the RESELLER as soon as possible. In this case, the RESELLER, in the name and on behalf of the Clientele, will be reimbursed for all sums paid within a maximum period of fourteen (14) days. In addition, according to Article R.211-10 of the Tourism Code, the RESELLER may claim, in the name and on behalf of the Clientele, compensation at least equal to the amount the RESELLER would have been obliged to pay if the cancellation had occurred because of its Clientele on that date.
 
ARTICLE 5. EXCEPTIONAL AND UNAVOIDABLE CIRCUMSTANCES
 The terms ‘Exceptional and unavoidable circumstances’ refers to any situation beyond the control of the RESELLER, the ORGANISER, and any supplier involved in the execution of the Tourist Products, and the consequences, which could not have been avoided even if all reasonable measures had been taken, and which prevent the execution of all or part of the reserved Tourist Products.
This clause will be applied in the event of force majeure or in the event of climatic, geographical, health or political conditions in the immediate vicinity of the destination place that are likely to endanger the life of a traveller.
In the event of exceptional and unavoidable circumstances, the option to terminate the contract, free of charge, provided for in Section II of the Article L.211-14 of the Tourism Code, is possible for both the RESELLER and the ORGANISER.
 
ARTICLE  6. PRICES AND CONDITIONS OF PAYMENT
6.1   Net prices
In exchange for its mission of distributing Tourist Products, the RESELLER will benefit from a discount applied directly to the price of each Tourist Product, which are therefore net prices. These net prices of Tourist Products do not include the tourist tax, which must be paid on-site directly to the host. Its amount varies according to the municipalities where the accommodation is located, in accordance with the rules outlined in Articles L2333-26 and following the General Code of Local Authorities.
 
6.2   Invoices
For each reservation, the ORGANISER will send the RESELLER, no later than 15 days after the departure of the Clientele, an invoice indicating:
- the number of accommodation units, their description and the net amount including taxes (after deduction of the discount)
- the number of ski lift passes and the net amount including taxes (after deduction of the discount)
- the VAT due on these net amounts, excluding taxes.
 
6.3    Methods of payment
The RESELLER may proceed with the payment of the deposit and the balance:
  • By bank wire to the following account:
Swift/Bic: CMCIFRPP
RIB: 10096 18523 00087685702 34
IBAN: FR76 1009 6185 2300 0876 8570 234
 
  • By bank or credit card remotely, by providing the ORGANISER with the numbers on the card, its cryptogram and its expiration date. The ORGANISER shall take the necessary technical and organisational measures to ensure the security and confidentiality of the aforementioned data, in compliance with the regulations in force.
 
6.4  Late payment
Please note that no Tourist Product can be delivered to the Clientele if the reservation invoice has not been paid in full by the RESELLER. Any invoice not paid on the due date by the RESELLER will automatically, and without prior notice, result in incurring late payment penalties, calculated at the rate of three (3) times the legal interest rate in force on the date the unpaid invoice was issued, starting from the day following the date of payment and until full payment is made to the ORGANISER'S account (Article L. 441-6 of the Commercial Code). A flat-rate recovery indemnity equal to forty (40) euros will also be billed (Article D.441-5 of the Commercial Code). THE ORGANISER also reserves the right to:
- refuse to welcome the Clientele of the RESELLER, the latter taking all responsibility for handling any complaints made in this respect and paying all compensation of damages suffered, if any, by the aforementioned Clientele and/or
- demand the full payment of any subsequent reservation in full, or, if applicable, in pre-payment and/or
- ask the RESELLER to provide a bank guarantee upon first request.
It is specified that the full and exact payment of the invoice on the due date constitutes an essential contractual obligation and non-compliance by the RESELLER shall constitute a serious fault. Consequently, the ORGANISER may terminate the contract at the sole fault of the RESELLER according to the terms of Article 12.
 
ARTICLE 7. TRAVEL DOCUMENT
The RESELLER is responsible for producing and delivering travel documents (hereinafter ‘Voucher’) to its Clientele in a timely manner and by any means of its choosing. Please note that for the voucher to be valid, it must contain the following information:
- Name of the agency and place of key collection
- Type of accommodation
- Ski lift pass number and period of validity.
 
ARTICLE 8. INSURANCE - LIABILITY
The RESELLER declares and guarantees that it is insured with a company manifestly solvent for any risk inherent in its activity. The services offered by the ORGANISER at a tourist residence do not fall within the scope of the hoteliers' liability; the ORGANISER and its supplier cannot be held liable in the event of loss, theft or damage to the Clientele’s belongings, whether in apartments, car parks, premises made available to them and common areas. The services performed at a hotel or hotel residence fall within the scope of the liability of hoteliers defined by the Civil Code. Additionally, the responsibility of the ORGANISER and its supplier will be limited to the conditions set by Articles 1952 et al. of the Civil Code. The RESELLER will be solely and personally responsible for any damage caused on its own and/or caused by its Clientele with regard to the ORGANISER, its beneficiaries and/or any third party herein.
 
ARTICLE 9. INTELLECTUAL PROPERTY
The RESELLER shall not infringe on the intellectual property rights of the ORGANISER, nor on the brand image of the latter.
As part of the execution of its mission, the RESELLER may distribute and/or publish, either personally or through its distribution network, intellectual property elements provided by the ORGANISER (such as photos, brands and logos, descriptions of tourist products, etc.), in strict compliance with the following conditions:
- Any publication or dissemination of intellectual property elements must be used exclusively for the illustration and promotion of the ORGANISER'S Tourist Products on the sales media provided for in Article 2.
- Any distribution or publication of Tourist Products, in any form whatsoever, must include the legal notices sent by the ORGANISER (in particular, the photo credits)
- Reproduction of the ORGANISER'S brand or logo must respect the colours and dimensions in accordance with the designs presented by the ORGANISER.
It is expressly agreed that this authorisation shall not result in any transfer of intellectual property rights of the ORGANISER to the RESELLER.
In all cases, any citing, publication or dissemination of intellectual property elements must first obtain the express authorisation by means of an official proof, approved by the ORGANISER.
The ORGANISER reserves the right to carry out, at any time, any verification it deems necessary or useful regarding the conditions of use of intellectual property elements transmitted to the RESELLER. Should the RESELLER not comply with the conditions of authorisation of use, of publication and/or distribution provided for herein, the RESELLER can be notified by the ORGANISER, who may impose a complete interdiction of publication or an obligation of immediate cessation to use the intellectual property elements in question on its promotional sales media, without prejudice to any damage or interest.
The use, distribution and/or publication of the intellectual property of the ORGANISER in the catalogue of the RESELLER and/or all communication or advertising media for which it is responsible, is authorised hereunder exclusively for the duration of the annual contract signed between the parties.
 
ARTICLE 10. CLIENT COMPLAINTS
The RESELLER must inform the ORGANISER of any complaint relating to Tourist Products and, at the latest, within 24 hours of receiving the complaint. The ORGANISER shall provide the RESELLER with any response at its disposal which would be necessary or useful for processing the complaint in question within twenty-one (21) days from receipt of the RESELLER'S request, on the condition that the complaint includes, in particular, all information relating to its scope, its merits, the name of the client, the place and date of stay and the type of accommodation. If the RESELLER settles the dispute in a transactional manner, it must inform the ORGANISER of this fact. In the case of a dispute due to a fault of the ORGANISER or the supplier, any transaction carried out by the RESELLER allocating the client compensation in kind or in monetary funds, must obtain the agreement of the ORGANISER prior to any final conclusion. If this authorisation is not obtained, the RESELLER will be solely responsible for the financial payment of the aforementioned transaction.
Regardless of the conditions of amicable or legal settlement of the RESELLER regarding its clients, any sums resulting from disputes or client complaints may in no case be the subject of a deduction from the sums owed to the ORGANISER.
 
ARTICLE 11. PERSONAL DATA
Collected and processed information relating to the Clientele by the RESELLER and the ORGANISER constitutes personal data protected by applicable provisions in terms of data protection law, in particular the EU 2016/679 General Data Protection Regulation of 27 April 2016 (hereinafter ‘GDPR’), which the parties shall respect, moreover ensuring that their employees abide by all its principles and obligations. ‘Personal data’ is understood to mean, regardless of its usage in the singular or the plural, any information relating to an identified or identifiable natural person (hereinafter ‘data subject’), directly or indirectly, by reference to an identification number or to one or more factors specific to the person’s identity (hereinafter ‘data’ or ‘personal data’).
Each party is responsible for processing as defined by Article 4 paragraph 7 of the GDPR, and therefore agrees to strictly comply with the applicable legal provisions, particularly with its obligations as a data controller.
These provisions are valid both for the duration of the collaboration and after its termination, notably with regard to the provisions applicable to the limitation period concerning the duration of data retention. The parties, as data controllers, shall respectively implement technical and operational protection of the IT processing and data processed by the parties under this contract, in accordance with Article 32 of the GDPR.
The ORGANISER recognises the RESELLER as the exclusive owner of its client file and shall not use, for any purpose whatsoever, the personal data of the Clientele obtained within the framework hereof, apart from operations necessary for the execution of its contractual obligations. The ORGANISER shall therefore be prohibited from using this data for purposes other than those resulting from the present contract and from disclosing the data to third parties, except to its suppliers and service providers, exclusively for execution purposes of these terms and conditions.
 
ARTICLE 12. CANCELLATION CLAUSE
In the event of failure by one of the parties to fulfil its contractual obligations specified in Articles 2, 3, 4, 6, 8, 9, 11 hereof, the party injured due to the non-fulfilment may put the other party on formal notice to resolve the situation by sending a registered letter with acknowledgment of receipt. The letter of formal notice, in accordance with article 1225 of the Civil Code, must expressly refer to this cancellation clause. The contract shall also be cancelled automatically at the request of the ORGANISER in the event that the RESELLER has its Travel Agency license withdrawn or its Public liability insurance contract terminated.
If the defaulting party has not resolved the issue within thirty (30) days after receipt of the aforementioned letter of formal notice, or has refused to remedy it, the contract shall be automatically terminated, and the defaulting party will be exclusively liable for the damages on that date.
The automatic cancellation is without prejudice to any damages due to the injured party or other rights and remedies to which it may claim as a result of non-execution hereof.
 
ARTICLE 13. APPLICABLE LAW - SETTLEMENT OF DISPUTES
In the event that these terms and conditions are established in several languages, it is expressly understood that the French version shall be the only legally binding version. Consequently, the French version shall be expressly and exclusively referred to in case of difficulties of interpretation/application of any of the provisions hereof. The applicable law is French law. Should a dispute arise between the Parties regarding the validity, application, execution, termination/cancellation or interpretation of these terms and conditions, the Parties shall first endeavour to reach an amicable agreement.