General terms of use and sale

November 10, 2018 edition

PREAMBLE

These terms and conditions of use are applicable to all buyer of Pass'Alsace. The Pass'Alsace is run by Otipass - 8 rue du 45ème Régiment de Transmissions – Immeuble “Le Septan” – 26200 Montelimar, FRANCE - SIRET 528 626 492 00011 (Numéro de TVA FR07528626492). General terms of use and sale are available at any time online on the website www.pass-alsace.com.


ARTICLE 1 – DESCRIPTION

  1. Pass'Alsace aims to facilitate the discovery of tourist sites in the Alsace region by tourists. It consists of a numbered and unique prepaid support or a QR Code in the degitalized version. 
  2. The Pass'Alsace offers a free or reduced-price single access fee to a set of tourist sites listed in the accompanying guide given at the time of purchase and available on the website www.pass-alsace.com, to the conditions and limits defined here. 
  3. Pass'Alsace is strictly personal and nominal. As a result, it cannot be transferred or handed over to a third party.

ARTICLE 2 - SUBJECT

  1. The purpose of these Terms of Use is to define the terms and conditions under which you will be provided with and have the right to use the Pass'Alsace. 
  2. Prior to any order, the customer undertakes to take cognizance of these General terms of use and Sale
    Conditions and accepts them unreservedly.
  3. Some services or activities may also include specific conditions to the organiser or partner site concerned. In such a case, these will be clearly brought to the customer's attention. Therefore, these are only about the Terms of Use of the Pass'Alsace and not the specific conditions of the visits themselves. Indeed, the opening hours depend on the sites themselves and each site freely organizes its access.
  4. These General Terms of Use complement the sales partner's General Terms of Sale. The customer's order is governed by the Sales Partner's General Terms of Sale in effect on the day the order is placed. Thus, the fact of ordering, implies the full and unqualified adherence of the customer to the General Terms of Sale of the selling partner and the General Terms of Use of the Pass'Alsace.

ARTICLE 3 – SCOPE AND PERIOD OF APPLICATION

  1. These General Terms of Use apply from the time they are accepted until the expiry date of the Pass'Alsace.

ARTICLE 4 - OPPOSABILITY OF GENERAL CONDITIONS

  1. The version of the General Terms of Use enforceable to the Client is the one accepted by the customer at the time of the order.
  2. The different versions of the General Terms of Use are archived by OTIPASS in the following terms : date archiving in paper, PDF and Word formats.
  3. The customer can access the Archived General Terms of Use by requesting them by email at the following address : info@pass-alsace.com
  4. The version of the Online Terms of Use on www.pass-alsace.com prevail on any printed version of the previous date for any new pass purchase.
  5. Any updates following changes to the General Terms of Use will be brought to the attention of the customer and the sales partner as soon as possible by OTIPASS.

ARTICLE 5 – ORDER

  1. The order for Pass'Alsace can only be made from a point of sale contractually authorized by OTIPASS to market it, 'Pass'Alsace point of sale'. The list of these outlets is listed on our website.
  2. The personal information and data relating to the holder of the Pass'Alsace is necessary for the seller to process the order correctly. Failing that, the order may not succeed.
  3. The fact of ordering, implies the full and unqualified adherence of the customer to the General Terms of Sale of the selling partner and the general terms of use of the Pass'Alsace.
  4. The payment of the order is worth accepting the General Terms of Use and validation of the order.

ARTICLE 6 - PRICE

  1. The Pass'Alsace is offered at a fixed price depending on its validity, the age of the wearer and the possible options, by all Pass'Alsace outlets.
  2. The price includes admission, free or reduced-price entry, for 1 adult or 1 child (up to and including 12) among the partner sites offered and under the conditions described on the information media. As of the 13th birthday, the child is considered an adult.
  3. The price includes the handing over of the numbered laminated card and the accompanying guide in which the partner sites of the Pass'Alsace are mentioned, or simply a QR Code in the digitalized version and in this case it is up to the customer to download the accompanying guide on the Pass'Alsace website (or App).
  4. The price of the Pass'Alsace does not include any additional costs related to the processing and shipping costs charged by the Pass'Alsace Outlet, which will have to be brought to your knowledge before the purchase.
  5. The price of the Pass'Alsace does not include access to temporary exhibitions and specific animations from partner sites.
  6. The Pass'Alsace cannot be resold at a price higher than that defined by OTIPASS and specified on the communication media.
  7. All orders, regardless of their origin, are payable in euros. The accepted payment methods are those of the Pass'Alsace Outlet.
  8. The Pass'Alsace remains the property of OTIPASS until the price is fully and definitively received by the Pass'Alsace outlet.
  9. The purchase can be made directly from OTIPASS or from Pass'Alsace outlets.

ARTICLE 7 – CONDITIONS OF ACCES TO SITES PARTNERS

  1. The Pass'Alsace includes a defined number of prepaid and dematerialized coupons, each giving access to a free or discounted visit among partner sites, within the conditions described in the information media.
  2. Each coupon includes entry (or a discount on the entry price) for its rightful holder.
  3. Prior to each visit, the holder must present the Pass'Alsace laminated card (or QR Code) to validate its access to the partner site concerned.
  4. The Pass'Alsace is strictly personal and nominal. As a result, it cannot be transferred or handed over to a third party.
  5. The partner site is entitled to request the presentation of a photo ID to the holder of the Pass'Alsace card. The holder of the ID must match the name given by the seller at the time of the order and associated with the Pass'Alsace card number.
  6. The comprehensive list of partner sites is also available on the information media made available to the customer.
  7. The Pass'Alsace is not a ticket with priority access.
  8. The Pass'Alsace does not include availability or access to any activities offered by the sites.

ARTICLE 8 – METHOD OF USE

  1. At the time of purchase, the Pass'Alsace Outlet collects the necessary data to assign the Pass'Alsace to a holder and activate the Pass.
  2. Once activated, the Pass'Alsace can be validated in a first partner site..
  3. The validation of an entry to a partner site using the Pass is called "coupon consumption."
  4. From the first consumption of a coupon in a partner site, the Pass'Alsace is valid for a duration of 14 days slippery calendars and can be used within the maximum limit of 3 days (consecutive or not). In the case of the MiniPass 24 hours this duration is 24 consecutive hours and in the case of the MiniPass 48 hours this duration is 48 consecutive hours.
  5. An activated Pass'Alsace can be validated for the first time in a partner site no later than one year after its purchase date.
  6. The Pass'Alsace is valid for one year from the date of purchase. If for a reason outside the customer, the Pass'Alsace has not been used in this one-year period, OTIPASS agrees to refund the price of the Pass'Alsace on simple presentation. This refund cannot take place after the activation of the Pass'Alsace. It will be withheld an amount of 3 euros per Pass'Alsace. 
  7. In the event of non-consumption of all or part of the coupons included in the Pass'Alsace, according to the deadlines described above, no fees of any kind may be claimed as reimbursement or compensation.
  8. The opening hours of each partner site are the responsibility of the site itself and are shown on www.pass-alsace.com as well as in the Pass'Alsace accompanying guide.

ARTICLE 9 – INFORMATION MEDIA

  1. During the order, an accompanying guide is given to the customer or uploaded by the customer to the Pass'Alsace website in its digitalized version.
  2. The accompanying guide lists the tourist sites contractually partners of the operation.
  3. The accompanying guide allows the following information about partner sites : address, telephone, website, days and times of opening to the public, as well as as an indication, the adult and child admission fares to be paid by non-Alsace Pass visitors.
  4. The accompanying guide lists the partners of the Pass'Alsace and the Pass'Alsace outlets as well as their telephone contact details.
  5. The information in the accompanying guide is the information known at the time of the document's completion. Despite all the care taken to carry it out, the document may contain errors for which OTIPASS cannot be held responsible.
  6. The accompanying guide is not a contractual document.
  7. In the event of non-compliance with contractual obligations or in case of force majeure, OTIPASS reserves the right to terminate the partnership that binds it to a partner site and to withdraw the relevant visitation services from the offer of the Pass'Alsace, without the holder may prejudge any remedy for compensation for damages possibly suffered or avail themselves of any reimbursement or any compensation, to withdraw the relevant visitation benefits from the offer of the Pass'Alsace.
  8. The opening days and times of partner sites may be subject to change during the operation.
  9. The partner site undertakes to inform OTIPASS without delay of any changes relating to the good information of the holders of the Pass'Alsace : reception conditions, days and hours of opening, exceptional or permanent closure..
  10. In the event of a change, OTIPASS undertakes to update on the website www.pass-alsace.com the information that has been made to its attention and relating to partner sites.
  11. OTIPASS cannot be held responsible for changes inherent in the reception conditions of a partner site and preventing the smooth running or execution of the services offered as part of the Pass'Alsace.
  12. Prior to any visit, it is recommended that the holder of the Pass'Alsace contact the partner site directly for the days, the opening times of the site and the closing time of the checkouts..

ARTICLE 10 - DYSFUNCTION, LOST OR STOLEN PASS'ALSACE - GUARANTEES

  1. In the event of a technical malfunction of the Pass'Alsace card preventing the validation of the coupon when accessing a partner site, the holder is invited to report as soon as possible to one of the points of sale of his choice to make an exchange cards, with the understanding that the data of the defaulting card (the end date of validity, the remaining days of use and available coupons) will be carried over to the new card. All rights acquired on the previous card will be passed on to the news for the benefit of the customer. The latter will therefore not suffer any harm.
  2. In case of loss or theft the holder of the Pass'Alsace is considered solely responsible. Thus, the holder will not be able to avail himself of any exchange, replacement or any compensation.
  3. The customer benefits from the legal guarantees :
  • Guarantee of conformity (article L. 211-4 Code de la Consommation)
  • Guarantee of the latent defects (article 1641 Code Civil)
  • Two-year warranties (article 1792-3 Code Civil)
  • and this on the Pass'Alsace and the resulting right of use as explained above.

ARTICLE 11 - PERSONAL DATA

  1. The personal information and data relating to the holder of the Pass'Alsace is necessary for the seller to process the order correctly and is useful in the event of malfunction, loss or theft of the Pass'Alsace card. Otherwise, the order will not be successful.
  2. The information and data are kept by OTIPASS and the seller of the Pass'Alsace for security purposes, in accordance with legal and regulatory obligations.
  3. The data can be used by OTIPASS in the context of the statistical exploitation of the Pass'Alsace and commercial prospecting.*
  4. The holder of the Pass'Alsace can write to OTIPASS 8 rue du 45th Signal Regiment - Batiment "Le Septan" - 26200 Montelimar to exercise his rights of access and correction with respect to the information concerning him and being treated, in 78-17 of January 6, 1978.
  5. The holder of the Pass'Alsace has the power to object, at no cost, to the use of the data concerning him for prospecting purposes, including commercial.

ARTICLE 12 – ABSENCE OF THE RIGHT OF WITHDRAWAL

  1. In accordance with Article L 121-20-4 of the Consumer Code, the right of withdrawal established by Article L. 121-20 of the same code does not apply to the contract entered into for leisure activities that may be provided on a date or on a date or on a periodicity.


ARTICLE 13 - CUSTOMER SUPPORT

  1. For more information, the holder of the Pass'Alsace is invited to contact the Reception and Information Service of OTIPASS : by phone on 33 (0)4 58 17 67 97 Monday to Friday from 09:00 to 12:00 and from 2pm to 5pm or by email : info@pass-alsace.com (cost of a local call).

  2. Any complaint must be made in writing no later than one week after the expiration of the Pass'Alsace ; by post to : OTIPASS 8 rue du 45th Signal Regiment - Batiment "Le Septan" - 26200 Montelimar ; or by e-mail to : info@pass-alsace.com

  3. OTIPASS undertakes to respond to the customer within one month of receiving the mail.

ARTICLE 14 - APPLICABLE LAW - DISPUTES

  1. The present conditions are subject to French law. 
  2. In the event of a challenge to any of the terms of the contract, a conventional mediation procedure or any other alternative dispute resolution may be initiated at the request of either party.
  3. Failing that, the jurisdictions within the client's jurisdiction will have jurisdiction to hear the dispute.
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