General conditions of sales
SPECIAL CONDITIONS RELATING TO THE ONLINE SALE OF SKI PASSES
SAEM Nouvelles Pyrénées (semi-public limited company) with a share capital of 55,200 €
Head Office: 18 rue des chalets, 65 100 LOURDES
1. GENERAL PROVISIONS:
These special conditions are supplementary to the General Conditions of Sale, which remain relevant, whatever the title of transport. Distance purchasing of ski passes can be ordered online from the following internet address www.n-py.com, or other site belonging to the N’PY group.
2. GENERAL REMARKS:
- The validation of an order concluded on the website, implies the adherence of that person, here in after referred to as “the client”, to these special conditions relating to distance sales. If one of the conditions is not present, it will be considered as being governed by the practices in force in respect of distance sales sector companies having their headquarters in France.
- These conditions are supplemented by the “general conditions of sale and use of travel tickets” displayed in all the sales points available in ski resorts and available on internet.
- In accordance with article 1369-4 of the Civil Code, all these conditions are available to clients, which have the opportunity to download them.
- The travel ticket is issued in the form of a named card, determining the category and date of birth of the user.
- Distance-purchasing of ski passes is achieved by connecting to the website www.n-py.com.
- Payment for passes is due on ordering
- Payments are made by credit card and are secured via the PayZen payment server.
For any other means of payment, the client must purchase a ski pass at ski-station ticket offices.
- Any order implies acceptance of the service description and prices. All prices are published on the website www.n-py.com
- In accordance with article 1369-5 of the Civil Code, the Client shall have the opportunity to verify the details of his order and its total price and to correct any errors before confirming the order and thereby expressing his acceptance.
c. Delivery of passes on initial purchase:
- Passes ordered with seven working days’ notice (before the first day’s skiing) will be delivered to the address indicated by the client on ordering.
- If it is not possible to accept delivery of the order at home, the client can choose a dedicated collection point in the resort to collect a rechargeable pass-card ordered for a duration of a least two days.
In this case, the latest time for ordering is two days before the first day of skiing (e.g. Wednesday before midnight for an arrival the following Saturday)
Please Note: No Souci cards cannot be collected at the resort.
- Home delivery is free of charge, except in the case of purchase of No Souci student cards, when an administrative charge of 5€ is applied.
- NP’Y cannot be held responsible for major force, postal strike or other event preventing the delivery of passes to the client’s home.
- Credit notes obtained thanks to the "NO'SOUCI" sponsorship program are only available for the current season, and can not be used past the end of the season.
d. Recharging of passes
- Once in possession of a rechargeable card, the client can recharge the card from any of the options offered on the website (excluding No Souci)
- Recharging delay: the client must recharge the card at least 30 minutes before using the first ski lift.
- Ski passes for one to five days (except long weekend and short break) are valid until 31st December of the following season.
e. Receipt of order:
- Once the online order process is completed and confirmed by the Client, N’PY acknowledges receipt of the order by e-mail. This e-mail, which represents proof of purchase, should be retained by the client throughout his stay at the resort, in the event that any check should be carried out by authorised personnel on site
- In respect of payment, once the bank authorises the transaction, the account will be debited immediately.
- Refusal by the bank to debit the Client’s account will have the effect of cancelling the ordering process.
4. SUPPORTING INFORMATION :
Rechargeable and No Souci cards are issued personally and ARE NON-NEGOCIABLE AND NON TRANSFERABLE.
Persons having purchased or topped up a rechargeable card or a No Souci « Children’s » pass must be in possession of identity card which they may be asked to produce at any time in the ski resort, along with proof of purchase or recharge (confirmation e-mail)
Access points known as « Hands free » on sites do not in any way preclude users from having to present their pass at any time and whenever required by an authorised enforcement agent of the Company.
5. CANCELLATION AND ABSENCE OF RIGHT OF RETRACTION :
Once the order for the pass has been confirmed by the Client, the pass cannot be refunded, withdrawn or exchanged. Similarly, no modification can be made to the order. Pursuant to article L121-20-4 of the Consumer Code, the sale of travel documents is not subject to the application of the right of retraction (cooling off period) provided for by articles L-121-21 et seq. of the Consumer Code as it relates to distance sales.
Only the product known as the No Souci Card is, by its nature, subject to a cooling off period of fourteen days, by virtue of article L-121-21. This right can be exercised on request by sending a letter with acknowledgement of receipt within seven days of the purchase (postmark serving as proof) to the following address: SAEM Nouvelles Pyrénées, 18 rue des Chalets, 65100 LOURDES, France.
6. ORDER TRACKING AND COMPLAINTS :
For any additional information or complaint, the Client may contact N’PY Customer Service by:
Telephone : 0820 208 707 (0.09€ /min, including taxes)
Postal address : SAEM Nouvelles Pyrénées, 18 rue des Chalets, 65100 LOURDES, France
E-mail : firstname.lastname@example.org
Any complaint must be notified within a period of one month following the event giving rise to the said complaint, without prejudice to legal remedies and deadlines for proceedings, to the following address :
Nouvelles Pyrénées, 18 rue des Chalets, 65100 LOURDES, France
NPY’s responsibility extends only to the provision of all stages of access to distance sales. N’PY cannot be held responsible for any inconvenience or damage caused by the use of the internet or communications networks, including interruption of service, outside interference or the presence of computer viruses, nor, generally for other matters expressly recognised in law as being a case of force majeur.
The client declares an understanding of the characteristics and limits of the internet, particularly in regard to its technical performance, response times to consult, interrogate or download data and the risks associated with communications security.
7. PROOF OF PURCHASE :
The online provision of a bank card number and, in general terms, the final confirmation of the order by the Client, serves as proof of the completion of the transaction for the purposes of the provisions of Law No. 2000-230 of the 13th March 2000, as well as proof of payment.
This confirmation serves as signature and acceptance of all operations carried out on the N’PY website or by telephone.
8. THEFT/LOSS/ISSUE OF DUPLICATE
In case of theft or loss, the subscriber should immediately advise N’PY by e-mail, fax or telephone, providing the information shown on the receipt issued when the card was purchased, sending a copy of the order confirmation e-mail and a form of identity. Any duplicate issued will attract an administration fee of 10€ (including tax) which will be invoiced as a contribution to the cost of replacement.
The administrative charge for the re-issue of a lost or stolen season ticket pass for Grand Tourmalet is increased to 49€ for the 2013-2014 season
9. INTELLECTUAL PROPERTY:
All elements on pages of the website which belong to N’PY remain their exclusive intellectual property.
Reproduction of any element of the said pages or of a simple or hypertext link is strictly forbidden, without the prior express authority of N’PY.
10. PROTECTION OF PERSONAL DATA :
All personal data entered when you complete your order are protected by SSL 128 certified encryption. The processing of personal sales data on this website is regularly declared to the CNIL (French Data Protection Authority).
This information is for the use of N’PY, and is processed for the purposes of administrative and commercial management as well as service providers and agents for the management and execution of this subscription.
The subscriber retains the legal right to demand access to and rectification of all personal data from N’PY sales department.
In accordance with the law on Computing and Liberties (cf. Data Protection Act) you are reminded that responses to questions asked are obligatory in order to process all requests for subscription, with the exception of your telephone number, which is optional. This information is for the use of N’PY and processed for the purposes of administrative and commercial management as well as service providers and agents for the management and execution of this subscription.
In accordance with article 32 of the law on Computing and Liberties. N’PY informs the client of the use made of this data, and in particular the ability to send the client commercial offers.
11. DATA RETENTION :
The filing of purchase orders is carried out by N’PY customer service in accordance with article L 134-2 of the Consumer Code. Under the provisions of this law, the clients may retrieve archived orders on written request to the above-mentioned address.
GENERAL CONDITIONS OF SALE APPLICABLE TO THE “NO’SOUCI CLUB CARD”
1. COMMITMENT AND DECLARATION
Subscription to the No’Souci Club Card in the pricing conditions of this document implies full acceptance of these terms and conditions of membership. The applicant declares and expressly acknowledges that he has not applied to N’PY for subscriptions or renewals other than that forming the subject of this application.
Membership of the No’Souci Club Card provides a personalised smart card allowing the bearer to obtain preferential daily rates in all the network’s participating resorts. In addition, payment by direct debit gives access to a remote payment system (without going through the ticket offices) and free on-piste emergency insurance (except in the particular case of the N’PY student card).
Home delivery of the card is free except in the case of the purchase of an N’PY student card, which attracts an administrative fee of 5€.
Rates for this card are available from the site www.n-py.com.
In the case of a promotion applied to the “general public” rate for a day’s skiing, the N’PY member benefits automatically from the best available rates without the need to take any action.
In the event that skiing stops, for whatever reason, before 10 o’clock in the morning, and on condition that notice is provided of this on the same day, via n-py.com, the member enjoys a credit valid for the next day’s skiing. In the case of the Cauterets resort only, such notification must be made before 10.30am on the same day, at the resort’s information centre.
Holders of the N’PY Student Card do not benefit from free on-piste emergency insurance. This insurance can, however, be taken out optionally at a cost of 12€.
The No’Souci Club family card allows everyone to ski at the child tariff subject to the following conditions: two adults and a minimum of two children under 18, payment made using the same bank account, skiing on the same day and at the same resort. In the case that these conditions are not adhered to, each skier will be surcharged an amount corresponding to their category. (Details of categories are available on the site: www.n-py.com)
3. TERMS OF SETTLEMENT
Payment will be taken directly from the subscriber’s bank account by Direct Debit. The subscriber undertakes to inform N’PY immediately of any change of bank account details.
In the event that an invoiced payment is refused, N’PY make take a fresh direct debit. If necessary, N’PY will issue the subscriber by e-mail or letter with a demand for payment of the amount due. Late payment penalties, equal to the lawful interest rate in force at the time of invoicing will be added from the day payment was refused. These charges will be added to the principal sum.
Any default in payment will result in immediate suspension, without notice, of all Cards belonging to the subscriber until such time as all due amounts are repaid. Furthermore, default by the subscriber to settle the due amount within 15 days of the second request, and in the absence of any valid dispute brought to N’PY’s attention by the subscriber, the subscription(s) linked to the subscriber’s account shall be cancelled without further notification.
Payment for all usage not already invoiced will become due immediately. Debt recovery costs are payable by the subscriber.
At the end of the season, an account of daily consumption of skiing days, providing proof of use, can be obtained at the request of the subscriber, who may also visit the internet site (www.n-py.com) at any time to see skiing consumption and the corresponding amounts to be debited.
4. DURATION OF MEMBERSHIP SUBSCRIPTION
Membership is valid for the period from 1st October of the current year until 30th September of the following year, whatever the date of subscription. Membership shall be tacitly renewed under the fare conditions in force at the time of renewal. The member shall be informed by e-mail or letter, at least one month prior to the expiry date of membership, of the conditions applicable to the renewal of membership. The member shall then have two months, from receipt of this notification, if desired, to cancel such membership from the member’s personal online space or by registered letter with return receipt, duly dated and postmarked. In the absence of specific instructions to the contrary from the member, membership shall be automatically renewed for a period of 12 months from the 1st October each year. The membership renewal fee is payable from 1st October in each year. The member undertakes to communicate any change of postal and/or e-mail address as soon as possible. N’PY cannot be held responsible in the case of non-receipt of this letter should any such changes not have been notified by the member.
5. CONDITIONS OF USE OF THE CARD
The card is issued in the name of the cardholder, and is strictly for personal use. Checks may be carried out on the network’s ski lifts. In the case of fraud, the card will be confiscated, and the day’s skiing will be debited to the account of the cardholder, who must repay the subscription in order to recover the card.
Subscription is non-refundable and non-exchangeable. For the duration of its validity it gives the holder the right to unrestricted freedom of travel on the network’s ski lifts. The cardholder must carry the card for the entire journey on the ski lifts, from the departure area to the arrival area.
Access is afforded exclusively on presentation of the card at the entry points and within the respective operating times of the ski lifts in the network’s various resorts. In case of non-presentation of the card at the access turnstiles, access to the ski lifts will be denied. Neither the operator nor N’PY shall be held accountable in any circumstances for the refunding of any travel purchase made by the member and/or beneficiary as a result of oversight, loss or theft. Furthermore, such tickets purchased at the ticket office do not attract loyalty points on skiing consumption.
N’PY shall not be liable for any misuse of this card and, in particular, for the holding of several cards by a single person on the same skiing day (one charge is deducted per card).
6. OBLIGATIONS IN THE CASE OF THEFT, LOSS OR DAMAGE
In the case of theft or loss, the member is responsible for immediately notifying N’PY by e-mail, fax or telephone, providing the information given on the receipt issued on the sale of the card.
In such a case, N’PY undertakes to immediately block any use of the card, which will be cancelled immediately from the date of receipt of the request. The member is advised that an administration fee (10€ including tax) will be invoiced and charged by N’PY representing a contribution to the cost of replacement.
7. CANCELLATION/REFUSAL OF REQUEST FOR MEMBERSHIP OR RENEWAL OF MEMBERSHIP
The member may at any time request N’PY to cancel membership. Such request must be sent by registered letter with return receipt. The member must cite the contact details appearing in the contract and the number of the card to be cancelled. On receipt of such request, N’PY will send an e-mail confirming cancellation (it is recommended that the member retains this e-mail) and will invalidate the card.
Cancellation will take effect from 1st October the following year and membership renewal will not be requested in respect of the next period.
N’PY expressly reserves the right to cancel membership prior to its expiry date in the case of non-compliance by the member with any obligation under the terms of these General Conditions, in particular those referring to the personal nature and use of the card and to the conditions of payment.
Cancellation shall not give rise to any form of compensation whatsoever, particularly in respect of any unused period of membership at the time of the said cancellation. Similarly, N’PY reserves the right not to give favourable consideration to requests for membership in consideration of the applicant’s previous history.
8. COMPUTING AND LIBERTIES (DATA PROTECTION)
In accordance with the law on Computing and Liberties (cf. Data Protection Act), you are reminded that responses to questions asked are obligatory in order to process all requests for subscription, with the exception of your telephone number, which is optional. This information is for the use of N’PY and processed for the purposes of administrative and commercial management as well as service providers and agents for the management and execution of this subscription.
The member retains the legal right to demand access to and rectification of all personal data from N’PY sales department, 18 Rue Des Chalets - BAT 1 - 65100 LOURDES.
You are reminded that accounts for cards which have expired for over five years are not retained and that consultations may not apply to the last 12 months. By communicating an e-mail address, the member agrees to the receipt of promotional e-mails from N’PY and in general information from the network’s participating resorts. The member may at any time choose not to receive further e-mails by sending a request to email@example.com