General Membership Conditions

GENERAL CONDITIONS FOR MEMBERSHIP
OF THE « NIRVANALPS » LOYALTY PROGRAMME

 
These general membership conditions (hereinafter referred to as the « General Conditions ») set out the provisions which regulate the relationship between the ADS company and the Members, as defined below, of the « Nirvanalps » loyalty programme.  
 

ARTICLE 1.DEFINITIONS

 Every time they are used in these General Conditions or in connection with their application, the following terms will have the meanings defined below:

ARTICLE 2.PURPOSE

The purpose of these General Conditions is to define the terms and conditions of membership of the Programme.
 

ARTICLE 3.MEMBERSHIP OF THE PROGRAMME

3.1.Conditions of membership of the Programme
Only individuals aged over 18 (eighteen) may join the Programme.
Individuals aged under 18 (eighteen) must have the agreement of their parents, guardian or legal representative to join the Programme.
 
3.2.Procedure for joining the Programme
The Programme may only be joined via the Web Site. No applications to join the Programme will be accepted by letter or telephone.
Membership is free.
To join the Programme, the Member must set up a Nirvanalps account which is strictly personal to them. To this end, the Member must connect to the Web Site and complete the application form, completing the fields marked as mandatory. The Member must then validate their application by clicking «SEND».
Only one Nirvanalps account will be opened per person and per e-mail and postal address. In this respect, the Member expressly authorises the Company to carry out any checks on their identity and contact details; the Company reserves the right to carry out or not a systematic verification of all application forms received.
Once the Nirvanalps account has been set up by the Member and approved by the Company, the Member will be able to access their Nirvanalps account by entering their user-name and password.
The Member will receive their Membership Card by post on request by completing the appropriate form which can be found on the Web Site or directly in a sales point.
The Membership Card is personal to the member and cannot be sold or transferred. It must be activated by the Member, by going to their personal space on the Programme Web Site.
The Membership Card is not a payment card of any kind.
The Member will be asked for proof of identity when using the Membership Card. The Membership Card includes a bar code enabling the Company to credit Points. A Membership Card with a spoilt, damaged or illegible bar code cannot be used and will be regarded as invalid.
 
3.3.Procedure for obtaining Premium Member status
3.3.1.Obtaining Premium Member status in the first instance
Premium Member status enables the Member to obtain additional Points in accordance with the provisions of articles 4.2.2 and 4.2.3 below.
To become a Premium Member, the Member must own a property (house, apartment, chalet etc.) in the municipalities within the les Arcs/ Peisey-Vallandry ski area. i.e.: The Member must register the property or properties they own on the Web Site by completing the appropriate form, which can be found on the Web Site; it being understood that the Member may not register the same property on different Nirvanalps accounts. They must attach a digital copy of one of the following proofs of ownership: The proof of entitlement must show the same surnames, first names and postal address as those registered on the Member’s Nirvanalps account.
The documentary evidence must also be sent to the company:  
3.3.2.Issue of Apartment Card(s)
When the form and proof of entitlement mentioned above have been approved by the Company, an Apartment Card will be issued by the Company to the Premium Member, at the Member’s request, by post or directly in a sales point.
1 (one) Apartment Card will be issued for each property registered in accordance with the procedure mentioned in article 3.3.1.
On receipt, the Premium Member must activate the Apartment Card(s) by entering their personal space on the Programme Web Site. The Apartment Cars is only valid while the «Premium» status is valid.
An Apartment Card must be provided to the Occupants of the property at the time of their stay. They will be able to use it to obtain price reductions as indicated in article 4.2.3.
The Apartment Card is not in any way a payment card.
The Apartment Card has a bar code enabling the Company to credit Points.
An apartment Card with a spoilt, damaged or illegible bar code will not be usable and will be regarded as invalid.
 
3.3.3. Triennial proof of ownership by the Premium Member
Whatever their profile, Premium Members will be asked to prove their status as property owners every 3 (three) years on the anniversary of their obtaining «Premium» status (i.e. the day the application for «Premium» status was approved by the Company).
Accordingly:

ARTICLE 4.OPERATION OF THE PROGRAMME

4.1.Price reductions
4.1.1.On presentation of the Membership Card in sales points
The Member can benefit from price reductions only if they present their Membership Card in the Company’s sales points (except the automats) before ordering Products. 
No price reductions can be granted retrospectively, notably where the Member only presents their Membership Card after ordering their purchases.
Price reductions are freely determined by the Company and can be viewed on the Web Site. These reductions are exclusively valid for purchases made in sales points (excep purchases on the automats). On-line and Yuge purchases are excluded. Price reductions have been applied from 1st November 2012 and may be amended by the Company at any time.
 
4.1.2.On request to use Benefit Codes for purchases made on line by a Premium Member who lets their property through a Professional:
A Premium Member who lets their property through a Professional may benefit from Benefit Codes if their property(ies) is/are registered on the Web Site and are available through a Professional referenced by the Company for at least 13 (thirteen) weeks during 1 (one) winter season of the les Arcs/ Peisey Vallandry Ski Area.
To obtain their Benefit Codes, the Premium Member who lets their property through a Professional must enter their Nirvanalps personal account and choose from the drop-down menu the Professional to whom they have entrusted the management of their property(ies).
The choice of a Professional from the drop-down menu is definitive for the current season; no correction/modification may be made by the Premium Member letting their property through a Professional.
Once the Professional has confirmed that the Premium Member in question letting their property through a Professional has in fact entrusted to them the management of the property(ies) for the period mentioned above, the Benefit Codes will be generated on the personal Nirvanalps account of the Premium Member concerned.
The number of Benefit Codes, the amount of the price reduction (or the percentage discount granted) to which it/they entitle(s) the Member and their expiry date are shown on the Web Site.
To use the Benefit Code, the Premium Member who lets their property through a Professional must order their lift passes on the on-line sales site www.lesarcs-peiseyvallandry.ski.
Benefit Codes are not valid for purchases in sales points in the resort.
Benefit Codes are not cumulable; they cannot be exchanged or refunded in cash or in any other form of credit and may not, in any circumstances, be sold.
The Premium Member who lets their property through a Professional may use 1 (one) Benefit Code per order placed and the reduction may only be used against a maximum of 8 (eight) Products (excluding the family pack, the dual pack and the tribe pack) of the same validity date plus or minus 2 (two) days.
Benefit Codes are only valid and may only be used by the member for the opening season/winter of the les Arcs/ Peisey Vallandry Ski Area that is current at the time they are obtained. Accordingly, the Premium Member must repeat the procedure described in this article every year from 1st January.

 
4.2.Earning Points
Points may be earned in any of the following ways:
4.2.1.The purchase of Products by Members
Members who have activated their Membership Cards in accordance with the provisions of article 3.2, may collect Points when purchasing Products from the Company by presenting their Membership Card at sales points or entering the Membership Card number in the appropriate field (at the «additional information» step) when purchasing on line (except on Yuge). In these two cases, the Membership Card must be identified before the Products are ordered.
No Points may be awarded retrospectively, notably where Members do not show their Membership Cards at the sales point until after they order their products.
The scale by which Points are earned is determined by the Products purchased. The scale is freely determined by the Company and may be viewed on the Web Site. It has been applicable from 1st November 2012 an may be amended by the Company at any time.
Members will be notified of the number of Points earned by Members for each purchase of Products made from the Company as well as the accumulated number of Points on their personal Nirvanalps account which can be accessed via the Web Site.

 
4.2.2.Registration of one or more properties by the Premium Member
For each property registered and approved by the Company in accordance with the procedure referred to in article 3.3 above, the Premium Member will collect Points according to the following scale:
1 (one) property registered and approved by the Company = 5 (five) Points
This scale is freely determined by the Company; it has been applicable from 1st November 2012 and may be amended by the Company at any time. The applicable scale may be viewed on the Web Site.
Points are only awarded for the 1st (first) registration of a property. A renewal does not entitle the Member to points.
The Premium Member will be notified of the number of Points obtained for each property registered on their personal account which can be accessed on the Web Site.

 
4.2.3.The Purchase of Products by Occupants, holding an Apartment Card
 
Premium Members will earn additional Points when Occupants purchase Products.
Occupants will benefit from reductions on the price of Products, which reductions will be shown on the Web Site. These price reductions are only valid for purchases made in sales points (except on automats). On-line and Yuge purchases are excluded.
To enable Occupants to benefit from price reductions on Products in sales points, the Premium Member will provide the Occupants with the Apartment Card corresponding to the property they are occupying. The Occupants must show it at the till before ordering Products.
No price reduction will be awarded to Occupants retrospectively, notably where the Apartment Card is shown in the sales point after the purchases have been ordered.
For every Product purchased by the holder of an Apartment Card, the Premium member will earn Points according to the scale freely determined by the Company and which may be viewed on the Web Site. This scale has been applicable from 1st November 2012 and may be amended at any time by the Company.
The Premium Member will be notified of the number of Points earned in this way on their personal account which may be accessed on the Web Site within 24 (twenty-four) hours of the purchase.

 
4.3.Conversion of Points
Accumulated Points may be exchanged for Gifts, the catalogue of which is available on the Web Site.
The number of Points required to obtain each Gift shown and where appropriate any conditions (e.g. a financial contribution) is indicated.
When the Member wishes and as long as they have the requisite number of Points, they select the Gift of their choice on the Web Site. The Company is automatically notified of the Member’s choice.
The Member will receive an e- mail confirming that the Company has noted the Gift(s) chosen and showing the procedure to be followed to collect the Gift(s).
A summary of the Gifts chosen will appear on the Member’s Nirvanalps account.
To collect their Gift, the Member must go to the place indicated in the Gift catalogue with proof of identity.
Points may only be exchanged for gifts shown in the Gift catalogue valid at the time the conversion of Points is requested. The Gift catalogue is likely to evolve or be altered during the course of the Programme and Members are advised to look at it regularly. 
The Member must exchange their Points earned during the season for Gifts in accordance with the current season’s catalogue and during the current season. Otherwise the Gift and the associated Points will be lost definitively and the Member will not be entitled to any compensation.
It is stated that on the day that these General Conditions were drawn up, the Gifts comprised tickets for travel (lift passes), which, in accordance with the general conditions for use of the said tickets for travel, are only valid during the current opening season of the les Arcs/ Peisey Vallandry ski area. Accordingly, the Gifts must be collected by the Member before the end of the current opening season of the les Arcs/ Peisey Vallandry ski are to which they grant access, otherwise the Gifts will be lost.
Points have no market value, are not refundable, may not be exchanged and may not in any circumstances be sold.
Gifts may not be exchanged or reimbursed in cash or any other form of credit and may not in any circumstances be sold.

 
4.4.Expiry date of Points
Subject to the provisions of article 9 for the closure by the Company or by the Member of the Nirvanalps account and/or the stopping of the Programme, accumulated Points are valid for 3 (three) years with effect from the end of the opening season of the les Arcs/ Peisey-Vallandry ski area during which they were obtained.
With effect from 1st October 2018, at the end of each opening season of the les Arcs/ Peisey-Vallandry ski area, the Company will systematically cancel invalid Points on all Nirvanalps accounts.

 

ARTICLE 5.MEMBER’S OBLIGATIONS

Every Member undertakes to: The Company will have the right to request from the Premium Member proof of occupation of their property(ies). Failure to provide proof within 8 (eight) calendar days of the request being made to the Premium Member by the Society will be regarded as fraud.
Any fraud or abuse within the Programme may result in administrative or legal action by the Company. In any case, the Company may remove Points, Benefit Codes and cancel the Member’s Membership of the Programme.

 

ARTICLE 6.DURATION OF MEMBERSHIP

Membership of the Programme becomes effective with effect from the approval of the Member’s application by the Company.
It will last indefinitely, subject to closure, by Members or by the Company, of the Nirvanalps account and/or in the event of one or more of the circumstances outlined in article 9 coming into effect.

 

ARTICLE 7.MODIFICATION / SUSPENSION / ENDING OF THE PROGRAMME

The Company reserves the right to develop and/or modify without limit all or part of the elements and the operation of the Programme, as defined in these General Conditions, including the obtaining of Points and Benefit Codes as well as the means of exchanging Points for Gifts.
Members will be notified of the said modifications on the Web Site and/or by e-mail (subject to the e-mail address provided by the Member at the time of joining being valid and active), within a reasonable time.
However, some modifications may have an immediate effect and the Company will inform Members of these as soon as possible on the Web Site and/or by e-mail (subject to the e-mail address provided by the Member at the time of joining being valid and active).
The Company reserves the right to modify, suspend or cancel at any moment, all or part of the Programme. The Company undertakes to inform Members beforehand on the Web Site and/or by e-mail (subject to the e-mail address provided by the Member at the time of joining being valid and active).
In any case, the Company cannot be held responsible in any way or for whatever reason by the Members and the Member may end their Membership under the conditions in article 9.1.
Members will not be entitled to any compensation as a result of any amendment, suspension or cancelation of the Programme.
If on the day the Programme closes, the Member’s accumulated Points entitle them to a Gift, the Member will be entitled to obtain it, subject to requesting it within 15 (fifteen) days of the date of the closure of the Programme being published on the Web Site and/or the e-mail notifying the Member of the closure being sent (subject to the e-mail address provided by the Member at the time of their joining being valid and active). All accumulated Points not exchanged within the afore-mentioned timescale will be definitively lost.
If on the day the Programme is closed, the Premium Member has not used the Benefit Codes obtained, they will be entitled to use them, subject to making a request within 15 (fifteen) days of the date the closure of the Programme being announced on the Web Site and/or the e-mail announcing the closure being sent (subject to the e-mail address provided by the Member at the time of their joining being valid and active). Any Benefit Codes not used within the timescale mentioned above will be definitively lost.

 

ARTICLE 8.LOSS OR THEFT OF OR DAMAGE TO A MEMBERSHIP CARD OR APARTMENT CARD(S)

Should their Membership Card and/or Apartment Card(s) be lost, stolen or damaged, the Member may ask the Company to send them a new plasticised Membership Card and/or a new Apartment Card(s)
The Member will receive their new Membership Card and/or Apartment Card(s) by post on request by completing the appropriate form which can be found on the Web Site or directly in a sales point.
In this case, the Company will invoice the Member with the cost of the replacement which will amount to 5 (five) Euros per replacement Card.
The Member will retain their accumulated Points and may consult them on their Nirvanalps account.
 

ARTICLE 9.CANCELATION

9.1.Cancelation by the Member
9.1.1. Cancelation by the Member at any time
The Member is free to terminate their Membership by sending a cancelation request by registered post with acknowledgement of receipt for the attention of the ADS Company’s Customer Relations Department at the following address: ADS, Service Relation Client, Chalet des Villards, Arc 1800 – 73700 BOURG SAINT MAURICE FRANCE.
Cancelation will take effect on the date indicated by the Member in their notice at the earliest or, where no date is indicated, two working days with effect from the receipt of the notice by the Company. The Member will receive confirmation of the cancelation by post.
Points and Benefit Codes that remain unused on the date of the cancelation request will be lost definitively and the Member will not be entitled to any compensation.

 
9.1.2. Cancelation where the Company does not meet its obligations
Moreover, except in cases of force majeure as defined by article 1218 of the Civil Code, should the Company fail to meet its obligation to provide services on the date or within the timescale indicated to the Member, or, by default, at the latest 30 (thirty) days after the conclusion of the contract, the Member may dissolve the contract by registered letter with acknowledgement of receipt or in writing on any other lasting medium, if, having enjoined the Company, by the same means, to provide the services within a reasonable additional timescale, the latter has not been carried out within that timescale. The contract will be regarded as cancelled on receipt by the Company of the letter or written document informing it of the cancelation, unless it has been carried out in the meantime. The Member may immediately dissolve the contract when the Company refuses to provide the services or when it does not fulfil its obligation to provide the services on a date or within a timescale indicated to the Member and which date constitutes for the Member an essential condition of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or an express request made by the Member before the conclusion of the contract (Article L. 216-2 of the Consumers’ Code).

 
9.2.Cancelation by the Company
9.2.1. Cancelation by the Company due to a breach by the Member
TThe Company may terminate a Member’s Membership, without notice, as of right and without legal formality, in the case of: In these cases, the Points and Benefit Codes obtained by the Member, Gifts not yet used on this date will be definitively lost and the Member will not be entitled to any compensation whatsoever.


 
9.2.2. Other cases of cancelation
The Company may also terminate a Member’s Membership, without notice, as of right and without legal formality in the event of a change in the law or regulations or in the event of a decision by an administrative or other authority, preventing the continuation of the Programme. In this case, the Points and Benefit Codes obtained by the Member and Gifts not yet used on this date will be definitively lost and the Member will not be entitled to any compensation whatsoever.

 

ARTICLE 10.DIGITALLY HELD DATA AND FREEDOM OF INFORMATION

Personal data collected on this web site is subject to processing in respect of the management of membership of the Nirvanalps Programme. This processing is based on the fulfilment of a membership contract to which you are a party. This processing is based on your consent.
Completion of the fields marked with an asterisk is necessary to enable the ADS company to process your request for membership. If these fields are not completed, your membership request cannot be processed. Completion of other fields is optional.
Processing is carried out under the responsibility of the ADS company, represented by Frédéric Charlot, acting in his capacity as Managing Director and whose contact details are shown in the legal notices.
The data collected is for the use of the ADS company.
These details may be transferred to a country which is not a member of the European Union. You may obtain details of these transfers and the guarantees applying to them from the company ADS.
Data collected is retained for the following periods:  
The data collected will be used as part of the automatic decision-making process relating to the management of the ADS company’s marketing publicity. The criteria considered are the characteristics of the Member’s previous purchases, their locality and the language they speak. The effect of this decision is to send Members personalised offers and information by e-mail.
To keep your details confidential and secure and notably to protect them from illegal or accidental destruction, loss or accidental alteration or from being divulged and from unauthorised access, the ADS company has taken the appropriate technical and organisational measures in accordance with the applicable legal provisions. To this end, the ADS Company has put in place technical measures (such as firewalls) and organisational measures (such as a system of user names and passwords, physical means, etc.).
You have the right to access data which concerns you, to have it corrected, to transfer it or have it transferred to a third party, to limit its processing and to object to the processing. The ADS company will comply with your request subject to compliance with its legal obligations (the legislation requires it in particular to archive contracts for several years).
You have the right to withdraw your consent to the processing of data which concerns you at any time. The withdrawal of your consent does not affect the legitimacy of the processing carried out before this withdrawal. You can exercise these rights by contacting the ADS company at the address shown in the «Contact» rubric below.
Out of concern for confidentiality and the protection of your personal data, the ADS company must be able to confirm your identity to respond to your request. To this end, you must include in support of any request to exercise the aforementioned rights a photocopy of proof of identity showing your date and place of birth and bearing your signature in accordance with the provisions of law n°78-17 of 6 January 1978  known as «the law on digitally held data and freedom of information », of article 92 of the decree of 20 October 2005 taken for the application of this law and European regulation 2016/679 of 27 April 2016 relating to the protection of individuals in respect of the processing of data of a personal nature and the free movement of this data.
Lastly, you have the right to submit a claim to the CNIL if you consider your rights to have been infringed. The contact details for the CNIL are as follows: Commission Nationale de l’Informatique et des Libertés, 3 place de Fontenoy, TSA 80715, 75334 Paris Cedex 07, France – Tel.: +33 1 53 73 22 22 – Fax: +33 1 53 73 22 00 –  Web Site: https://www.cnil.fr/fr/plaintes.

 

ARTICLE 11.UPDATING MEMBERS’ PERSONAL INFORMATIONS

Without prejudice to the option to have their personal data corrected, as provided for in article 10, in the case of alterations to their contact details, their e-mail or other address, the Member must update their personal details by connecting to their personal space on the Web Site.

 

ARTICLE 12.AMENDMENT OR DEVELOPMENT OF THESE GENERAL CONDITIONS

These General Conditions may be developed and/or amended by the Company at any time and without notice.
To keep abreast of any amendments to these General Conditions, Members are advised to consult them regularly on the Web Site.

 

ARTICLE 13.ACCEPTANCE OF THESE GENERAL CONDITIONS

The Member acknowledges having read these General Conditions and declares that they accept them without reservation.
 

ARTICLE 14.TRANSLATION/ APPLICABLE LAW/ SETTLEMENT OF DISPUTES

These General Conditions are subject to French law. Where these general conditions are drawn up in several languages, it is expressly intended that only the French version of these general conditions is to be relied upon.
Consequently, in case of difficulty in interpreting/applying any of the provisions of these general conditions, it is advisable to refer expressly and exclusively to the French version.
These general membership conditions are subject to French law for both their interpretation and their application.
In accordance with the provisions of article L. 211-3 of the Consumers’ Code, should a disagreement arise relating to the validity, interpretation or application of these conditions, the Client may resort, free of charge, to a contractual mediation process or any other alternative means of settling disputes. The Client is advised of the option to resort to a mediation process with the Médiateur du Tourisme et du Voyage (tourist and travel mediator) (MTV Médiation Tourisme Voyage, BP 80 303, 75 823 Paris Cedex 18, France– Tel: +33 (0)1 42 67 96 68 – E-mail: info@mtv.travel) within 1 (one) year with effect from the claim being submitted to the Company. They may also resort to the European platform for the settlement of disputes, which can be found on the internet at the following address: https://webgate.ec.europa.eu/odr/main/?event=main.home.show&lng=FR.
Should an amicable settlement not be reached, the Member may apply to the courts in the appropriate area to hear the dispute according to the civil suit code or the courts where they resided at the time the contract was concluded or where the dispute arose (Article R. 631-3 of the Consumers’ Code).
These General Conditions cancel and replace the previous General Conditions with effect from their being put on line on the Web Site.

 
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