General Conditions of Sale
Conditions
Générales de vente
These general terms and conditions of sale govern the online sale via the Payline platform, of parking space reservation and subscription reservation offers offered on the website https://www.parkingvaldisere.com by the company SAGS VAL D’ISERE, a simplified joint-stock company with capital of 150,000 euros whose registered office is located at 295 chemin des Berthilliers 71850 Charnay-Lès-Mâcon, hereinafter referred to as “the Company” or “the Operator”.
ARTICLE 1 – DEFINITIONS, SCOPE OF APPLICATION
a Definition
“Order”: means any reservation of a space or subscription made and validated by the user on the website https://www.parkingvaldisere.com “Parking” means the parking lot(s) operated by the Company in which the user can benefit from one or more online services.
“Service” refers to the space reservation or subscription options for light vehicles offered by the Company on the Website, as well as their online payment options.
“Site” refers to the online sales website https://www.parkingvaldisere.com
“User” refers to any user of the Service legally capable of entering into a contract, and—where applicable—having the authority to bind the legal entity under public or private law that reserves a Service on the Website.
Scope of Application
The General Terms and Conditions of Sale exclusively govern online sales contracts for SAGS Val d’Isère’s services to buyers who are consumers and prevail over any other document or conditions of purchase. Prior to ordering the service, the User declares that the purchase of a subscription of less than 32 days for said service is reserved for their personal use; their rights would be affected if the services purchased through the online store were related to their professional activity.
The General Terms and Conditions of Sale are made available to Users on the seller’s website, where they can be viewed directly. They are binding on the User, who acknowledges having read all the information and the General Terms and Conditions of Sale prior to placing the order.
The Service Order is reserved for Users who have fully read these General Terms and Conditions of Sale and have accepted them by checking the corresponding box.
Without this acceptance, the continuation of the Order and the purchase is technically impossible.
Consequently, completing the Order process on the Website constitutes the User’s express acceptance of these General Terms and Conditions of Sale. These General Terms and Conditions of Sale may be modified at any time and without notice by the Company. In the event of modification, the applicable General Terms and Conditions of Sale are those in effect on the date of the Order.
ARTICLE 2 - DESCRIPTION OF THE SERVICE
In accordance with Articles L111-1 and L111-2 of the French Consumer Code, all the specific characteristics of the available Services are presented on the Site to allow the User to know, before confirming the Order, the essential information about the Service they wish to purchase.
The Service offers available on the Site are only valid while stocks last at the Parking Facilities selling these Services and for the maximum durations presented on the Site.
The Services available on the Site are the online sale of parking space rentals and season pass reservations in Val d’Isère.
Short-term parking space reservation
The parking space reservation service guarantees you’ll find one or more parking spaces in the following parking lots:
- Parking du Centre
- Parking opposite
- Bellevarde
- Parking du Crêt
- Parking de la Daille
- Parking de la Plaine de la
- Daille
- Parking du Manchet
- Parking du Laisinant
The reservation of a parking space is valid for a specific person, a specific date and a defined duration of less than 30 days within the limit of the number of spaces available for reservation at the time of the request. This Service provides a guarantee of finding a parking space in the selected Parking until the end of the reservation period mentioned in the Order. The reservation of a space is not materialized, the User parks in the first free space.
If the User does not use the Service covered by the Order during the guaranteed reservation period, no refund will be issued. Similarly, no refund will be issued in the event of a final departure before the end of the reservation period specified in the Order.
2. Season Pass Reservation
The season pass reservation service allows Users to reserve a parking pass within a Parking Lot, which is sold in limited quantities during the winter sports resort’s season opening.
Users who have paid a deposit to reserve a pass must visit the Parking du Centre office after the season opens to purchase their pass. The subscription must be completed before December 12th of the current year. After this date, no refund will be issued.
ARTICLE 3 – ORDERING
“Personal Space”
The parking space reservation service is available exclusively on the website https://www.parkingvaldisere.com and is only accessible to individuals with an email address, which must be provided when creating the “personal space.”
When creating their “personal space,” the User must choose a username and password and provide truthful and accurate information about themselves (identity, contact details, vehicle information, etc.). It is the User’s responsibility not to disclose their password or username, which constitute personal and confidential data.
The User may access their “personal space” by logging in using their username and password if they wish to modify the personal information provided when creating their account.
Placing an Order
By browsing the various sections of the Website, the User can add the Service of their choice to their shopping cart.
At any time, up until the Order is confirmed, the User may change their mind and remove the selected Service from their shopping cart.
The User will have the opportunity to review the details of their Order and its total price and, if necessary, correct or modify it before definitively confirming their Order to express their acceptance.
The Company cannot be held responsible for data entry errors made by the User. Once the desired Service has been added to the shopping cart, the User confirms their order by completing all the requested information, declaring their unconditional acceptance of the General Terms and Conditions of Sale, and confirming it with payment.
Once the Order has been validated, it cannot be modified.
Electronic Signature
Orders placed through Crédit Agricole’s E-Transactions platform are binding upon the User as soon as they are validated by pressing the “PAY” button on the order form.
Validating the “PAY” button constitutes an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
Order Confirmation
The contract will only be concluded upon confirmation of the Order by the Company. The Company reserves the right not to confirm an Order for any reason, including due to availability issues with the selected Parking Space or a problem with the Order received (incorrect information, irregular payment, etc.).
For parking space reservations, once the reservation is validated, the User will receive a confirmation email to the email address provided when creating their account, containing a summary of their Order and a QR code allowing access to the Parking Lot selected in the Order.
The QR Code provided is strictly personal and confidential, and it is the User’s responsibility to retain it until it is used in the Parking Lot. The Company shall not be held liable in the event of use by a third party or fraudulent use made possible by the User. The Service ordered is only valid for the period or duration indicated on the Order confirmation. The User may not assign, in whole or in part, the rights and obligations arising from their Order.
ARTICLE 4 – PRICES
All prices for the Services available on the Site are indicated in euros and include all taxes. They are subject to fluctuations and may be updated at any time, it being understood that such modifications will not apply to Orders previously accepted.
Any amounts expressed in other currencies are provided for informational purposes only.
For parking space reservations, with the exception of the Parking du Centre, a decreasing daily rate is applied depending on whether the User reserves more than thirty days before the effective date of the reservation, between seven and thirty days before, or less than seven days before.
ARTICLE 5 – PAYMENT TERMS
Payment of the full price is due upon Order and only by credit card as offered on the Site through a secure payment system. The User guarantees to the Company that he/she has any necessary authorizations to use the card payment method when placing his/her Order.
All Orders are settled in cash and debited upon acceptance.
In the case of a parking space reservation, it is specified that any overstays (early arrivals and late departures) will be paid by debiting the bank card used to pay for the Service. To this end, the User must check the box when placing the Order to accept the use of their bank card for payment of the reservation price and any amounts due in the event of exceeding the reserved quota of hours, in accordance with the pricing conditions presented at the time of booking.
In addition, an email will be sent to the User after parking to inform them of the duration and amount of the overstay that will actually be debited from their bank card, and the date of this debit.
Proof of Transactions
The data recorded by the Payline platform on behalf of the Company constitutes proof of all commercial transactions between the Company and its customers. The archiving of purchase orders and invoices is carried out on a reliable and durable medium constituting a faithful copy and which can be produced as proof.
ARTICLE 6 – CONDITIONS OF USE OF THE SERVICE
Parking Access Conditions
For Parking Lots equipped with license plate readers, the User must arrive with the vehicle corresponding to the information provided during their reservation.
In the event that the license plate cannot be read, or for other parking lots, when the User arrives at the Parking Lot entrance terminal at the scheduled time, they must present the QR code provided to them during their Order to the optical reader. They must therefore first print the QR code or download it onto their smartphone.
A User who has reserved a parking space must not, under any circumstances, access the Parking Lot by collecting a ticket from the entrance terminal. If this is the case, the User must pay for their parking at the current rate, without being able to deduct the amount already paid during their reservation.
Without a QR code, the User will not be able to access the Parking Lot, and they will not be able to claim compensation or reimbursement, as this QR code is essential for accessing the Service.
Departure Conditions
Upon departure, the User must present their vehicle or the provided QR code to the optical reader located at the exit terminal to exit the parking lot.
In the event of exceeding the scheduled departure date or early arrival, the User will be billed for the additional day(s) according to the rate schedule applied at the time of booking. The amount corresponding to the overstay will be debited from the customer’s bank account using the bank details provided at the time of booking. Any time slot started is due.
ARTICLE 7 – RESPONSABILITE
Photographs
The photos on the website are for illustrative purposes only and are not contractually binding.
Errors in their processing or misuse of a photo cannot under any circumstances give rise to a claim, and SAGS Val d’Isère cannot be held liable for these errors.
Force Majeure
In accordance with Article L.221-15 of the French Consumer Code, SAGS Val d’Isère shall not be held liable in cases where non-performance or improper performance of the contract is attributable either to the consumer, to the insurmountable and unforeseeable actions of a third party to the contract, or to force majeure. In addition to those usually recognized by French case law and courts, force majeure includes all-out or partial strikes, internal or external to the company, the blockage of means of transportation or supplies for any reason whatsoever, government or legal restrictions, computer failures, and the blockage of telecommunications, including networks and especially the internet. The occurrence of a force majeure event will initially and automatically suspend the execution of the order. If, beyond a period of three months, we note the persistence of the force majeure case, the order will be cancelled, unless otherwise agreed between the two parties.
Non-waiver
The fact that SAGS of Val d’Isère does not assert a breach by the client of any of its obligations shall not be construed as a waiver of the obligation in question and a right to assert this breach at a later date.
ARTICLE 8 – CANCELATION
Any validated and paid Order is non-modifiable and non-refundable, except in cases where the right of withdrawal is exercised. However, the Company allows Users to cancel a parking space reservation with a refund according to the following system:
• If the reservation is canceled more than thirty days before the effective date of the reservation, a full refund of the Order placed by the User will be issued to their bank account.
• If the cancellation occurs between the thirtieth and seventh day before the effective date of the reservation, a €15 deduction corresponding to the reservation fees will be deducted from the refund amount.
• If the cancellation is made less than seven days before the scheduled parking date and time, no refund will be issued. To cancel their order, the User must send a request by email to contact@parkingvaldisere.com.
In this case, a reasoned request for cancellation must be sent to the Company by mail to Parking du Centre – rue Noël Machet, 73150 Val d’Isère, or by email to contact@parkingvaldisere.com. Complaints must be submitted no later than 7 days after the scheduled arrival date at the Parking Lot. The Company may request supporting documents to review cancellation requests.
ARTICLE 9 – MODIFICATION OF PRE-BOOKING
To change the dates of their reservation, the User must submit a request to contact@parkingvaldisere.com.
It is not possible to change the effective dates of a reservation or shorten the initially reserved parking duration. To do so, the User must cancel their reservation according to the terms and conditions described in Article 7 of these general terms and conditions and make a new reservation for the desired dates.
ARTICLE 10 – WITHDRAWAL
Online reservation of parking spaces constitutes the provision of a remote service. In accordance with Articles L 221-18 and L 221-19 of the French Consumer Code, the User has a period of 14 days, starting from the day after the Order is validated, to exercise their right of withdrawal without having to provide a reason or pay a penalty.
Exercising the Right of Withdrawal
To exercise the right of withdrawal, the User must send a request to contact@parkingvaldisere.com.To exercise the right of withdrawal, the User may also notify the Company of their decision to withdraw from the contract by means of an unambiguous statement sent by registered mail to Parking du Centre, rue Noël Machet, 73150 Val d’Isère. The User may also use the standard withdrawal form available here, but this is not mandatory. In all cases, the withdrawal document must include, at a minimum, the customer’s first and last name as well as their order number.
Effects of Withdrawal
In the event of withdrawal, the User will be fully reimbursed for the amount of their Order no later than fourteen days from the date the Company is informed of their withdrawal request. The Company will make the refund using the same payment method used when placing the Order unless the User expressly agrees to a different method.
When the User selects dates for the provision of services before the end of the withdrawal period, acceptance of these General Terms and Conditions of Sale when booking constitutes an express request within the meaning of Article L 221-25 of the French Consumer Code. In the event of withdrawal, the User must pay an amount proportional to the Service already provided at the time they informed the Company of their withdrawal from the contract, in relation to all the services provided for in the contract.
In accordance with the provisions of Article L.221-28 of the Consumer Code, the right of withdrawal cannot be exercised by the User if the service has been fully provided to him before the end of the withdrawal period. In the case of a parking space reservation service, this is consumed even if the customer does not show up.
ARTICLE 11 – REQUESTS AND CLAIMS
Complaints
Any questions, requests for information, or complaints should be addressed to the Company via:
- An email sent to serviceclient@sags.fr
- A letter addressed to SAGS VAL D’ISERE Customer Service – 295 chemin des Berthilliers – 71850 Charnay-Lès-Mâcon
Mediation
In accordance with the provisions of Article L. 211-3 of the French Consumer Code, the Customer is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or any other alternative dispute resolution method. After submitting their complaint to SAGS and failing a satisfactory response, the Customer may,
in accordance with Article L.612-1 of the French Consumer Code, resort to a conventional mediation procedure and thus refer the matter free of charge to the consumer mediator responsible for the Company, namely the Association of European Mediators (AME CONSO), within one year of the written complaint sent to SAGS. Referral to the consumer mediator must be made:
− either by completing the form provided for this purpose on the AME CONSO website:
https://www.mediationconso-ame.com/;
– or by mail addressed to AME CONSO, 11 Place Dauphine – 75001 PARIS.
ARTICLE 12 – PERSONAL DATA
By using the Site, the Customer consents to the collection and processing of their personal data by SAGS or any designated service provider, in accordance with the provisions of Law 78-17 of January 6, 1978, as amended, and, since May 25, 2018, Regulation (EU) 2016/679 of the European Parliament and of April 27, 2016, on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation “GDPR”).
SAGS is the controller of the personal data collected on the Site. The information collected by SAGS is subject to computerized processing for the following purposes:
- online subscription to services;
- managing purchases on the Site;
- managing the commercial relationship with the Customer (including debt collection);
- Managing access to the Parks necessary for the use of services;
- Possible sending of commercial offers
- Sending general information about the Park by SAGS.
In accordance with the Privacy Policy, the Customer may at any time, where applicable:
- Object to the processing of their personal data for legitimate reasons;
- Access, modify, or rectify their personal data;
- Request the portability of their personal data;
- Request a restriction on processing by SAGS.
If the Customer wishes to exercise these rights, they simply need to submit a request by email to dpo@sags.fr or by mail to SAGS, 295 chemin des Berthilliers – 71850 CHARNAY-LESMACON, France. Proof of identity may be requested if there is any doubt about the identity of the requester.
For complete information on the processing of their personal data, SAGS invites the Customer to consult its Privacy Policy, which is freely available on the Website and must be accepted by the Customer when creating their Account.
ARTICLE 13 – REGLES APPLICABLES
These General Terms and Conditions of Sale are subject to French law.
If one or more provisions of these General Terms and Conditions of Sale are held to be invalid or declared as such pursuant to a law, regulation, or following a final decision of a competent court, that provision shall be deemed unwritten, without affecting the validity of the other provisions.
In the event of a dispute concerning the formation or performance of the contract, the parties agree to seek an amicable solution. If they cannot reach an agreement, the parties shall refer the matter to the competent court within the jurisdiction of the Company’s registered office, namely the Mâcon Court.