General terms and conditions of sale

General terms and conditions of sale - Consumers‍

Article 1 - Designation of the Service Provider:

ALTAPURA, a one-person simplified joint stock company with share capital of 10,000 euros, headquartered at 215, Rue du Bouchet - VAL THORENS - 73 440 LES BELLEVILLE, registered with the Registre du Commerce et des Sociétés under no. 525 362 141 R.C.S CHAMBERY.

Telephone: 04. 80. 36. 80. 36
E-mail address: contact@altapura.fr
Website: www.altapura.fr 

Article 2 - Scope of application :

The present General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of accommodation, catering and spa services; and also concern the Sports Activities Service, the rental of mountain and ski equipment as well as a transfer service and the purchase of ski passes for the ski area ("The Services") offered by ALTAPURA ("The Provider") to consumers and non-professional customers ("The Customers or the Customer"). 

In particular, they set out the conditions for placing orders, making payments and providing the Services ordered by Customers.

The main features of the Services are presented on the Provider's website.

The Customer is obliged to read them before placing any order. The choice and purchase of a Service are the sole responsibility of the Customer.

These General Terms and Conditions of Sale are systematically communicated to all Customers prior to the conclusion of a contract for the provision of Services and shall prevail, where applicable, over any other version or any other contradictory document. They are accessible at all times on the www.altapura.fr website.

The Customer declares that he/she has read and accepted these General Terms and Conditions of Sale before entering into the contract for the provision of Services. Validation of the order for Services by the Customer implies unreserved acceptance of these General Terms and Conditions of Sale.

As these General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is that in force on the day the contract is concluded.  

Article 3 - Orders :

The Customer selects the Services he wishes to order in terms of accommodation, sports activities, sports equipment rental and related transfer services, as well as the purchase of a ski pass for the ski area, according to the following procedures: 

With regard to the Accommodation Service, the customer has the option of choosing between two different reservation methods. They can choose either a flexible reservation system, allowing them to vary the order modification and cancellation times, as well as the percentage of the deposit required for the reservation; or the classic reservation system, with a 10% reduction on the initial price.

If the customer remains on a classic route, the reservation is non-cancellable, non-refundable and non-changeable.

However, if the customer has opted for a flexible booking, the deadline for cancellations or modifications is FOURTEEN (14) days before the agreed arrival date, at no extra charge. From the THIRTEENTH (13) day before the arrival date, the Customer will be refused all cancellations and modifications.  

The above conditions do not differ according to the length of stay. 

For group bookings, excluding professional groups, i.e. for FIVE (5) rooms or more, the customer chooses at the time of online booking whether to subscribe to a flexibility option concerning cancellation, modification and refund terms. 

In this case, if the customer chooses the "flexible" offer, a deposit of 50% of the total amount will be charged to the credit card entered by the customer at the time of booking via a secure link, and the customer may then modify or cancel the stay up to FORTY-FIVE (45) days free of charge before the arrival date. After this period, the reservation will revert to the initial system, without any options, and will become non-cancellable, non-modifiable and non-refundable.

Similarly, when the Service booked relates to the sporting activities offered by the Service Provider, i.e. the rental of sports equipment and the purchase of ski passes for the ski area, the following terms and conditions apply: the Customer can book sports equipment directly at the ski shop. Once there, he/she indicates the type of equipment and items he/she wishes to reserve, as well as its size and the number of days he/she wishes to use it. Subject to stock availability, the equipment can then be reserved. 

In order to validate the reservation, the Service Provider requires a financial guarantee taken directly from the customer's credit card. This guarantee will be released once the borrowed equipment has been returned. Payment for the order is then added to the Customer's room bill. 

The correct use and return of sports equipment is governed by the ski shop's General Terms and Conditions of Sale.

The Service Provider also offers the purchase of ski passes for use in the hotel's ski area, which can be booked directly from the hotel reception desk. The Service Provider cannot be held responsible for conditions existing in the ski area or for any situation of any kind occurring in the ski area. In addition, the General Terms and Conditions of Sale of the resort providing the ski pass will apply. 

In the event of cancellation, if the package has not been used, a refund is possible.

The Service Provider therefore offers a Catering Service as follows: The Customer informs the establishment concerned that he/she wishes to reserve a table; he/she indicates the day, time and number of people for whom the reservation is being made. 

If the Customer has booked accommodation and wishes to reserve a catering service, the cost of this service will be added to the room bill. If the service is not provided, due to the Customer's fault, or if the Customer cancels less than TWENTY-FOUR (24) hours in advance, the Service Provider reserves the right to charge an indemnity of FORTY (40) euros per person absent, in the same way, on the room invoice. No prior financial guarantee is required from the Customer. 

The Provider also offers a wellness service as follows: The Customer can book a well-being service from the Service Provider's SPA. Depending on the availability of the service, he/she indicates the type of treatment or service he/she wishes to book, and the day and time that are most convenient for him/her. 

In the event of cancellation by the Customer within TWENTY-FOUR (24) hours of the agreed time slot, the Service Provider reserves the right to invoice 50% of the amount of the service booked directly on the room bill. 

Similarly, in the event of cancellation within less than TWELVE (12) hours, the Service Provider will charge the full amount of the reserved service on the Customer's room invoice. No prior financial guarantee is required from the Customer. 

The Provider offers a transfer service. The customer can book a free shuttle directly, subject to availability, only for short trips in the ski area, between 8am and 10pm, directly from the reception of the Hotel Provider. 

Similarly, in conjunction with commercial partners, the Service Provider offers shuttle transfers from stations or airports in the surrounding area. This service is provided for a fee. 

Reservations are made in accordance with the General Terms and Conditions of Sale of the companies concerned. 

In the event of cancellation more than FORTY-EIGHT (48) hours before the reserved time, the service will not be billed. In this case, half the total cost of the service will be deducted from the room bill. 

It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately. 

The sale of the main Service, i.e. hosting, will only be considered final by the Service Provider once the deposit of 50% of the total amount of the order has been paid and cashed if a flexibility option has been subscribed. Otherwise, the order will only be considered final after payment of the full order amount.

For other services, they will only be considered definitive after written confirmation from the person in charge of the booking, depending on the type of service. 

Under no circumstances may this deposit be considered as a down payment. 

For services for which an estimate has been drawn up in advance, the sale of Services will only be considered final after :

- The Service Provider draws up a quotation and sends the Customer confirmation of acceptance of the order by e-mail. Quotations drawn up by the Service Provider are valid for a period of SIXTY TWELVE (72) hours;

- After acceptance of the quotation, and subject to availability, a secure payment link is sent to the customer by e-mail. This is valid for SEVEN (7) days;

Depending on the flexibility option subscribed to by the Customer, the sale of Service is confirmed following payment of an amount corresponding to 50% of the total order by the Customer via a secure link communicated by the Service Provider following acceptance of the quotation. On the other hand, if the option has not been subscribed to, the sale of Service is effective following payment of the total amount of the order via the same procedure. 

ALTAPURA, the Service Provider, reserves the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order.

Article 4 - Prices :

The Services offered by the Service Provider are provided at the current prices shown on the Service Provider's website and in accordance with the quotation drawn up by the Service Provider when the order is placed. Prices are expressed in Euros, excluding and including VAT. 

These prices are firm and non-revisable during their period of validity, as indicated on the Provider's website. The Provider reserves the right, outside this period of validity, to modify prices at any time. 

They do not include processing and administration costs, which are invoiced in addition, under the conditions indicated on the Service Provider's website and calculated before the order is placed.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

Any announcement of a price reduction must indicate the price charged by the Service Provider prior to the application of the price reduction, this prior price being defined as the lowest price charged by the Service Provider to all Customers during the last thirty days prior to the application of the price reduction. 

Article 5 - Terms of payment :

The Services offered by the Service Provider are provided to the Customer in return for a fee.

Any sum paid in advance of the price shall bear interest at the legal rate from the expiry of a period of three months from the date of payment until the date on which the service is provided (article L.214-2 of the French Consumer Code).

At the time of booking, the customer has the option of different payment methods.

Subscription to this option is conditional upon payment. Payment will be made via a secure link provided by the Service Provider at the time of booking.

If the customer does not subscribe to any additional options, the full amount of the order will be debited at the time of booking. 

However, if the customer subscribes to the flexibility option, only 50% of the total amount of the order will be debited at the time of booking; the balance will be debited THIRTEEN (13) days before the scheduled arrival date. 

For group bookings, excluding professional groups, i.e. for FIVE (5) rooms or more, a non-cancellable and non-refundable deposit of 50% of the total order amount will be required. 

The balance of the price is payable in cash, on the day of provision of said Services, under the conditions defined in the article "Provision of Services" below.

The following secure payment methods are used:

- By credit card: CB, Visa, Mastercard, American Express;
- By bank transfer;
- By secure payment link;
- In cash in Euros;

Payment by credit card is irrevocable. 

Under no circumstances may this deposit be considered as a down payment.

The Service Provider shall not be obliged to provide the Services ordered by the Customer unless the price has first been paid to the Service Provider in accordance with the above conditions. 

Payments made by the Customer will not be considered final until the Seller has received the sums due. 

In the event of late payment and payment of sums due by the Customer beyond the deadlines set out above, and after the payment date shown on the invoice sent to the Customer, late payment penalties calculated at the current legal interest rate of 10% of the amount (including VAT) of the price of the provision of Services, will be automatically due and payable to the Service Provider, without any formality or prior formal notice.

Late payment will result in the immediate payment of all sums due by the Customer, without prejudice to any other action that the Service Provider may take against the Customer in this respect. 

In addition, the Service Provider reserves the right, in the event of non-compliance with the above payment conditions, to suspend or cancel the provision of the Services ordered by the Customer and/or to suspend the performance of its obligations. 

The Customer shall not be charged any additional fees in excess of the costs incurred by the Service Provider for the use of a means of payment. 

Article 6 - Provision of services :

The Services ordered by the Customer, which include accommodation, catering, seminars, events, beauty treatments and SPA services, as well as sports activities, mountain and ski equipment rental and the possibility of a transfer service, will be provided during the Customer's stay at the establishment. Once the Customer's order has been definitively validated, all services will be carried out in accordance with the conditions set out in these General Terms and Conditions of Sale.

The Service Provider undertakes to use its best efforts to provide the Services ordered by the Customer on a best-efforts basis and within the timeframes specified above. However, these deadlines are given for information only.

If the Services ordered have not been provided within FORTY-EIGHT (48) hours after the indicative date specified above, for any reason other than force majeure or the Customer's fault, the Customer may notify the Service Provider, under the conditions provided for in Article L.216-6 of the French Consumer Code :

- or the suspension of payment of all or part of the price until the Service Provider performs, under the conditions of articles 1219 and 1220 of the French Civil Code (exception d'inexécution);

- Either the cancellation of the sale, after having given the Service Provider formal notice to perform within a reasonable additional period which has not been respected by the Service Provider.

Termination may be immediate if the Service Provider refuses to perform, if it is clear that he will not be able to provide the Services or if the delivery deadline not met constituted, for the Customer, an essential condition of the sale.

In the event of cancellation of the sale, the sums paid by the Customer will be returned to him at the latest within FOURTEEN (14) days following the date of cancellation of the contract, without prejudice to the possible awarding of damages to the Customer.

In the absence of reservations or complaints expressly made by the Customer upon receipt of the Services, the latter are deemed to conform to the order in terms of quantity and quality.

The Customer shall have a period of FORTY-EIGHT (48) hours from the provision of the Services in which to make such reservations or claims, in writing, with all supporting documents, to the Service Provider.

It should be noted that the absence of reservations expressed by the customer at the time of delivery of the services does not release the seller from the warranty of conformity, as described below. 

Unless otherwise expressly agreed, the customer must leave the room before 11.00 a.m. on the day of the end of the stay. Failure to do so will result in an additional night's charge.

Article 7 - Seller's liability - Warranties :

The Service Provider will refund the Customer or rectify - insofar as possible - as soon as possible and at its own expense, the Services whose lack of conformity has been duly proven by the Customer.

The Service Provider guarantees, in accordance with legal provisions and without additional payment, the Customer against any lack of conformity or latent defect.

7.1. Legal warranty of conformity

The Service Provider undertakes to provide a Service that complies with the contractual description and any regulations applicable in France.

It is liable for any lack of conformity existing at the time the Services are provided.

In the event of non-conformity, the Customer may demand that the defective Services be brought into conformity, that a new conforming Service be supplied free of charge or, failing this, that the price be reduced or that the sale be rescinded, in accordance with the legal conditions. 

It may also suspend payment of all or part of the price or the delivery of the benefit provided for in the contract until the Service Provider has fulfilled its obligations under the legal warranty of conformity, under the conditions of articles 1219 and 1220 of the French Civil Code.

In order to assert its rights, the Customer must inform the Service Provider, in writing, of the existence of any lack of conformity within a maximum period of FORTY (48) hours from the provision of the Services. 

It is also the Customer's responsibility to ask the Service Provider to bring defective Services into conformity or to supply a new, compliant Service free of charge. The defective Service shall be brought into conformity within a period not exceeding THIRTY (30) days following the Customer's request. 

If the requested compliance is impossible, or involves disproportionate costs under the conditions set out in Article L.217-12 of the French Consumer Code, the Service Provider may refuse to comply. 

If the conditions set out in article L.217-12 of the French Consumer Code are not met, the Customer may, after formal notice, pursue the forced execution in kind of the solution initially requested, in accordance with articles 1221 et seq. of the French Civil Code. 

Finally, the customer may demand a price reduction or rescission of the sale - unless the lack of conformity is minor - in the cases provided for in article L.217-14 of the French Consumer Code. 

Where the lack of conformity is so serious that it justifies a reduction in price or the immediate cancellation of the sale, the Customer is not obliged to first request that the defective Services be made compliant or that a new, compliant Service be supplied free of charge.

The price reduction is proportional to the difference between the value of the Service provided and the value of this Service in the absence of the lack of conformity. 

In the event of cancellation of the sale, the Customer will be reimbursed for the price paid within the following FOURTEEN (14) days at the latest, using the same means of payment as the one used by the Customer at the time of payment, unless the Customer expressly agrees otherwise and in any event without any additional costs. 

The foregoing provisions are without prejudice to the possible award of damages to the Customer for any loss suffered by the latter as a result of the lack of conformity. 

7.2 Legal warranty against hidden defects

The Service Provider is liable for hidden defects within the scope of the legal warranty against hidden defects resulting from a design or manufacturing defect in the Services ordered.

The customer may decide to invoke the warranty against hidden defects in the Services in accordance with article 1641 of the French Civil Code; in this case, he may choose between rescission of the sale or a reduction in the sale price in accordance with article 1644 of the French Civil Code.

7.3. Warranty exclusions

The Service Provider shall not be held liable or in default for any delay or non-performance resulting from force majeure or non-compliance with the legislation of the country in which the Services are provided, which it is the responsibility of the Customer, who is solely responsible for the choice of Services requested, to verify.

Article 8 - Intellectual property :

The Service Provider retains ownership of all intellectual property rights to studies, drawings, models, prototypes, etc., produced - even at the Customer's request - with a view to providing the Services to the Customer.

The Customer is therefore prohibited from reproducing or exploiting said studies, drawings, models and prototypes, etc., without the express, written and prior authorization of the Service Provider, which may be subject to a financial consideration.

Article 9 - Anticipation :

In the event of a change in circumstances unforeseeable at the time of conclusion of the contract, in accordance with the provisions of article 1195 of the French Civil Code, the Party which has not agreed to assume the risk of excessively onerous performance may request renegotiation of the contract from its co-contractor. 

However, if the change in circumstances unforeseeable at the time of conclusion of the contract is definitive or persists beyond three months, the Presents will be purely and simply terminated according to the terms defined in the article "Termination for unforeseeability". 

Article 10 - Enforcement in kind :

Notwithstanding the provisions of article 1121 of the French Civil Code, the Parties agree that in the event of either Party failing to meet its obligations, the defaulting Party may not seek enforcement, subject to the public policy provisions of article L.217-12 of the French Consumer Code.

In the event of non-performance of any of the obligations incumbent on the other Party, the Party suffering the default may request the termination of the contract in accordance with the terms and conditions set out in the article "Termination of the contract".

Article 11 - Exception of non-performance :

The Parties declare that they expressly waive their right to invoke the provisions of articles 1219 and 1220 of the French Civil Code and the non-performance exception provided for therein. 

Consequently, they undertake to perform the present contract fully and completely, even in the event of a breach by either party. 

However, if the impediment is definitive or persists beyond THIRTY (30) days from the date on which the impediment is noted by registered letter with acknowledgement of receipt, the Presents will be purely and simply cancelled in accordance with the terms defined in the article "Cancellation" for failure by a party to meet its obligations. 

Article 12 - Force majeure :

The Parties shall not be held liable if the non-performance of any of their obligations, as described herein, is due to force majeure, as defined in article 1218 of the French Civil Code, or to exceptional health or climatic events beyond the control of the Parties. 

The Party observing the event must immediately inform the other Party of its inability to perform and justify this to the latter. The suspension of obligations shall under no circumstances give rise to liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties. 

The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed 30 days. Consequently, as soon as the cause of the suspension of their mutual obligations has disappeared, the Parties will make every effort to resume normal performance of their contractual obligations as soon as possible. To this end, the Party prevented will notify the other of the resumption of its obligation by registered letter with acknowledgement of receipt or by any extrajudicial act. If the impediment is definitive or exceeds a duration of 30 days, the present contract will be purely and simply terminated in accordance with the terms defined in the article "Termination for force majeure". 

During this suspension, the Parties agree that the costs generated by the situation will be shared equally.

 Article 13 - Termination of the contract :

13.1. Resolution of contract due to unforeseen circumstances

Notwithstanding the clause Resolution for failure by a party to meet its obligations set out below, termination due to the impossibility of performing an obligation that has become excessively onerous may only occur 15 days after receipt of a formal notice stating the intention to apply the present clause, served by registered letter with acknowledgement of receipt or by any extrajudicial act. 

13.2 Termination of contract due to force majeure

Termination by operation of law for reasons of force majeure, notwithstanding the clause Termination for failure by a party to meet its obligations set out below, may only take place 15 days after receipt of a formal notice served by registered letter with acknowledgement of receipt or by any extrajudicial act. 

However, this formal notice must state the intention to apply the present clause. 

13.3 Termination for failure of a party to perform its obligations

In the event of non-compliance by either Party with its respective obligations under this contract, the contract may be terminated at the discretion of the aggrieved Party.

It is expressly understood that this termination for failure by a party to meet its obligations will take place ipso jure FIFTEEN (15) days after receipt of a formal notice to perform, which has remained, in whole or in part, without effect. The formal notice may be served by registered letter with acknowledgement of receipt or by any extrajudicial act. 

This formal notice must state the intention to apply the present clause. 

Article 14 - Provisions common to all cases of termination :

It is expressly agreed between the Parties that the debtor of an obligation to pay under the terms of the present agreement will be validly put in default by the mere payability of the obligation, in accordance with the provisions of article 1344 of the French Civil Code. 

In any event, the injured party may apply to the courts for the award of damages. 

Article 15 - Termination of the contract :

It should be noted that, in accordance with legal provisions, termination of the contract by electronic means is possible when the contract has been concluded by electronic means or when, on the day of termination, the Service Provider offers Customers the possibility of concluding contracts by electronic means.

The Service Provider must acknowledge receipt of this notification by informing the Customer, on a durable medium and within a reasonable period of time, of the date on which the contract is terminated and the effects of the termination.

Article 16 - Applicable law - Language of the contract :

These General Terms and Conditions of Sale and the transactions arising therefrom between the Service Provider and the Customer are governed by and subject to French law. 

These General Terms and Conditions of Sale are written in French. In the event of translation into one or more foreign languages, the French text shall prevail in the event of dispute. 

Article 17 - Disputes :

All disputes arising from the provision of Services pursuant to these General Terms and Conditions of Sale, concerning their validity, interpretation, performance, termination, consequences and consequences, and which cannot be resolved amicably between the Service Provider and the Customer, shall be submitted to the competent courts under the conditions of common law. 

The Customer is hereby informed that he may in any event have recourse to conventional mediation, in particular with the Commission de la médiation de la consommation (art. L.612-1 C. consom.) or with existing sectoral mediation bodies, or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute. 

The contact details and procedures for contacting the mediator are as follows:

Le Centre de Médiation de SAVOIE
Tribunal et Centre de Médiation
200 Avenue Maréchal Leclerc
73 000 Chambéry
Tel. 04.79.62.74.13

If the dispute must be brought before the courts, we remind you that, in application of article L.141-5 of the French Consumer Code, the consumer may choose, in addition to one of the courts with territorial jurisdiction under the French Code of Civil Procedure, the court of the place where he or she lived at the time the contract was concluded or at the time the harmful event occurred.

You are also reminded that, in accordance with Article 14 of Regulation (EU) n°254/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.

Article 18 - Pre-contractual information - Customer acceptance :

The Customer acknowledges having been informed by the Service Provider in a legible and comprehensible manner, by means of the provision of these General Terms and Conditions of Sale, prior to his immediate purchase or the placing of the order and in accordance with the provisions of Article L.111-1 of the French Consumer Code:

- On the essential characteristics of the Service, enabling him to acquire them with full knowledge of the facts. The Customer is required to refer to the description of each Service in order to know its properties and essential particularities;
- On the price of the Services and ancillary costs or, in the absence of payment of a price, on any benefit provided instead of or in addition to the price and on the nature of this benefit;
- On the terms of payment, supply and performance of the contract;
- In the absence of immediate execution of the contract, on the date on which or the period within which the Service Provider undertakes to provide the Services ordered;
- On information relating to the identity of the Service Provider, its postal, telephone and electronic contact details, and its activities, if they are not apparent from the context;
- Information on legal and contractual warranties and how they may be invoked;
- On the existence of warranties and how they may be invoked (legal warranty of conformity, warranty for hidden defects, any commercial warranties) and, where applicable, on after-sales service;
- Termination and other important contractual terms and conditions and, where applicable, the costs of using remote communication technology, the existence of codes of conduct and financial deposits and guarantees;
- Accepted means of payment;
- The possibility of resorting to conventional mediation in the event of a dispute.

The fact that the Customer makes an immediate purchase or orders a Service implies full acceptance of these General Terms and Conditions of Sale and the obligation to pay for the Services ordered, which is expressly recognized by the Customer, who notably waives the right to invoke any contradictory document, which would be unenforceable against the Service Provider. 

Article 19 - Liability :

The company declines all responsibility for theft, loss or damage to objects belonging to customers during their stay. 

The Customer will be held responsible for any damage, deterioration or act of vandalism that may occur due to the occupation of the premises and/or due to the act or fault of participants and/or staff for whom the Customer is responsible, to movable property, decorations and immovable property, whether belonging to the hotel or not. Consequently, the Company is fully entitled to ask the Customer to leave the hotel without compensation and without reimbursement of the stay in progress, and to reimburse any damage caused by these acts.