Article 1.    Identity of the Organizer 

Ticketing services are operated and published by Evian Resort, a simplified joint-stock company (société par actions simplifiée), registered with the Thonon-les-Bains Trade and Companies Register under number 795 780 113 (hereinafter the “Organizer”), whose registered office is located at Quai Baron de Blonay, 74500 Évian-les-Bains, France.

It is hereby specified that certain cultural and musical events offered on the website www.lesmelezes-evian.com are carried by a partner association, Les Mélèzes, les saisons musicales d’Évian (hereinafter the “Association”), which entrusts the Organizer with the technical and operational management of ticketing services, acting on its behalf.

For concerts supported by patronage, the Association acts as the cultural project owner and as the beneficiary of the patronage, and, as such, assumes artistic and cultural responsibility for the Event, the Organizer providing exclusively the ticketing services and, where applicable, technical and/or logistical organization services.

The specific terms applicable to each Event, in particular the identity of the project owner, are specified on the Website at the time of purchase.

Article 2.    Purpose and scope of the T&Cs 

2.1 Purpose

These General Terms and Conditions of Sale (hereinafter the “T&Cs”) set out the terms and conditions under which the Organizer offers the public (the “Customer(s)”) the online sale of tickets for events held at La Grange au Lac and/or La Source Vive venues (the “Events”).

The purchase of tickets and subscriptions is reserved for persons of legal age. By validating an order, the Customer declares that they are at least eighteen (18) years old or that they are acting under the authority and with the consent of their legal representatives, whom they bind.

The validation of any order for an Event constitutes the express, final and irrevocable acceptance of these General Terms and Conditions of Sale, including all appendices and cross-references thereto, in particular the house rules of the venue hosting the Event. No claim may be based on an alleged lack of knowledge of these documents.

2.2 Scope

The T&Cs apply exclusively to the ticketing website accessible at the following address: https://billetterie.lesmelezes-evian.com (hereinafter the " Website ").

The sale of tickets and season tickets is operated by the Organizer through its technical ticketing service provider, the company Secutix (SA whose registered office is at 51 bis rue de Miromesnil, 75008 Paris, RCS 491 219 648, www.secutix.com) Secutix, acting on behalf of the Organizer. The mention of Secutix may therefore appear on the statements of the payment cards used by our Clients (as well as the mention "XCover.com" in the event of a subscription to additional insurance protection in accordance with Article 4 of the T&Cs).

Online payments are secure and processed by an approved payment service provider, in particular Ogone (Ingenico Payment Services),  in accordance with the security standards in force.

Any order implies the full, complete and unreserved acceptance of these T&Cs by the Client.

Article 3.    Availability of places

Ticket offers are valid within the limit of available seats at the time of ordering.

Seat availability is indicated in real time during the booking process. A booking is only considered final after effective payment and receipt of the confirmation email.

Article 4.    Assurance facultative

In the context of the purchase of tickets, the Organizer may optionally offer the Customer protection against cancellation or inability to attend the event. This protection is provided by Secutix's partner, Cover Genius through its XCover platform  (hereinafter the "Protection"), a licensed and independent insurance provider.  

At checkout, the Customer may choose to add this Optional Protection to their purchase. If the Customer chooses this option:
-    The cost of Protection is added to the total amount to be paid.
-    the Protection allows the purchaser to request a refund of the tickets from Cover Genius if the Customer is unable to attend the event for a covered reason according to the specific terms and conditions of the Protection; 
-    if Protection is purchased, Cover Genius will send the Customer a separate confirmation email containing a link to their personal XCover area to manage any claim or refund request directly with Cover Genius. 

The Client acknowledges that:
-    Protection is an optional product independent of the Organizer; 
-    The Organizer is under no obligation to offer this service and reserves the right, at its sole discretion, to offer it or not in the purchase process, to modify its terms or to terminate it at any time, without this affecting the validity of the tickets already purchased (and any Protection subscribed) or giving rise to any right to compensation for the Customer; 
-    the Promoter is not responsible for the execution, management of claims, or decisions made by Cover Genius in connection with the Protection;
-    the terms, exclusions and refund terms applicable to the Protection are those stipulated in the general terms and conditions of Cover Genius and specified in the Cover Genius FAQs which the Customer accepts without reservation if he subscribes to this option. 
-    any questions, complaints or communications regarding coverage, cancellations or changes should be directed to the Administrator any reimbursement under the Protection should be requested directly from Cover Genius, in accordance with their procedures and timelines.

Article 5.    Prices

The prices of tickets, subscriptions, and any Protection are indicated in euros, all taxes included (TTC). The price invoiced is the one displayed at the time of validation of the order.

The Organizer reserves the right to modify the categories of seats (if applicable) and the prices of the Events at any time without this being able to apply to orders already placed.

In the event of a reduced fare, the presentation of recent and valid proof is mandatory at the time of ticket inspection. No discount can be applied after payment of the corresponding ticket or season ticket.

Article 6.    Spectator Seating

6.1 Placement Terms 

Depending on the nature of the performance and the organisational choices, the Events may be subject to:
-    either a numbered placement,
-    either a free placement,
-    or a combination of the two (numbered fields and freely seating areas).

The seating conditions applicable to each Event are specified when purchasing tickets.

6.2 Numbered Placement (if applicable)

When the representation provides for a numbered seating, the seat number assigned to the Client is indicated at the time of ordering.

For the purchase of single tickets (excluding subscriptions), the Customer may, when this option is offered, select a location zone among those available on the Website.

In the case of subscriptions taken out online, the space is allocated either automatically by the ticketing system or according to the choice options that may be offered when subscribing on the Website.

Once the order has been validated, the location allocated or chosen is final and will not give rise to any complaint.

6.3 – Free Seating (if applicable)

When the performance is organised in free seating, spectators are free to sit in the hall, within the limit of available seats and in compliance with the Organizer's instructions.

Article 7.    House rules of the venues

Access to the venues hosting the Events is subject to compliance with the house rules of the relevant venue, which are binding on all spectators.

The applicable house rules are made available to the public at the entrance of the venue and on the Organizer’s website.

Any breach of the house rules may result, where applicable, in refusal of access to or removal from the venue, without the spectator being entitled to any refund, compensation or indemnity.

The house rules of each venue may be amended at any time by the venue operator or the Organizer. The version applicable shall be the one in force on the date of the Event, as published on the Website and displayed at the entrance of the venue where the Event takes place.

Access to the venues is subject to security checks, which may include verification of tickets, bags and personal belongings. Any spectator refusing to comply with such checks may be denied access to the Event, without any right to refund or compensation.

Spectators must present themselves at the entrance of the venue no later than five (5) minutes before the time indicated on their ticket. After this time, access to the venue is not guaranteed and may be refused or, where applicable, deferred until a break or intermission, when the organization of the Event so permits, without any entitlement to refund or compensation.

Article 8.    Ordering, payment and ticketing

8.1 Payment

Payment for tickets, subscriptions and any Protection is made exclusively by credit card via a secure payment system operated by Secutix. The cards accepted are those indicated on the Website at the time of placing the order.

8.2 Confirmation and e-ticket

After validation of the payment, the Customer receives a confirmation email including an electronic ticket (e-ticket) allowing access to the event.

The ticket must be:
-    is printed on white A4 paper;
-    is presented in a readable digital format.

Any ticket that is partially printed, damaged, illegible or falsified will be considered invalid. 

Each ticket has a unique barcode. Only the first valid presentation allows access to the event. Any reproduction or attempt to reuse a ticket is prohibited.

Tickets are valid only for the date, time and performance indicated on the ticket.

Tickets and subscriptions are strictly personal.

Any resale of tickets at a price higher than their face value, any use for commercial or promotional purposes, as well as any resale carried out through platforms not authorized by the Organizer are prohibited, in accordance with the provisions of Article 313-6-2 of the French Criminal Code.

The Organizer reserves the right to refuse access to the Event to any holder of a ticket acquired in violation of these provisions, without refund or compensation.

Article 9.    Cancellation, exchange, refund of tickets and subscriptions 

9.1 Tickets and subscriptions 

    No right of withdrawal

In accordance with Article L.221-28, 12° of the French Consumer Code, tickets and subscriptions are not subject to a right of withdrawal.

    Amendments 

The Organizer reserves the right, at any time and without this constituting a postponement of the Event, to modify during the season the programs, the artists and the cast of roles, as well as the location of the Event, in particular between the La Grange au Lac and/or La Source Vive venues.

These changes are the sole decision of the Organizer and may not under any circumstances give rise to a refund, exchange of tickets, claim, compensation or compensation of any kind whatsoever, including any costs incurred by the spectator.

    Refund conditions

Tickets and subscriptions are neither exchangeable nor refundable and may not be returned.

However, in the event of cancellation or postponement of an Event by the Organizer:
-    
-    the Customer may obtain a refund of the ticket face value only, to the exclusion of any other fees or costs.
-    In the event of postponement of the date and/or change of venue of the Event outside of Évian-les-Bains: tickets shall remain valid for the new date and/or the new venue. If the Customer is unable to attend the Event as postponed or relocated, a credit note or a refund of the ticket face value may be offered, at the Customer’s request, in accordance with the terms and time limits determined by the Organizer at the time the postponement and/or change of venue is announced.

In the absence of specific information communicated to Customers within five (5) days following the announcement of the postponement and/or change of venue of the Event, the Customer may request a refund within a maximum period of twenty (20) days from the official announcement of the postponement (or change of venue of the Event outside of Evian-les-Bains). After this period, the Organizer shall not be required to refund the cancelled tickets.
Refunds shall be made using the same payment method as that used for the purchase of the ticket or subscription, within a maximum period of ninety (90) days.

Ancillary costs (including transportation, accommodation, banking fees, booking or delivery fees, etc.) are in no event refundable.

9.2 Protection XCover

With regard to the Optional Protection offered via XCover, a separate insurance contract, the conditions related to a possible right of withdrawal, cancellation or refund are those indicated in the general terms and conditions of Cover Genius.

Article 10.    Force majeure

The Organizer cannot be held liable for the non-performance or poor performance of all or part of its obligations when this results from an event of force majeure within the meaning of Article 1218 of the French Civil Code, or from any external, unforeseeable and irresistible cause affecting the La Grange au Lac or La Source Vive venues affecting the venues hosting the Event, the Organizer's establishments, as well as the establishments, infrastructures or ancillary or related services, in particular hotels, restaurants, car parks, access roads or any other service located nearby and participating, directly or indirectly, in the hosting or running of the Event.

In particular, the following are considered to be cases of force majeure, without this list being exhaustive: strikes, social movements, bad weather, fires, floods, epidemics, pandemics, administrative or prefectural decisions, security measures, unavailability of an artist, failure of networks or means of communication.

In the event of the occurrence of such an event, the Organizer may cancel, interrupt or postpone the Event, without its liability being incurred beyond the conditions of reimbursement that may be provided for in Article 9 of these T&Cs.

Article 11.    Liability 

The Organizer cannot be held responsible for:
•    interruptions of the Website for technical reasons,
•    Internet network malfunctions,
•    loss or theft of banknotes after issuance,
•    and any other damage arising from the actions or omissions of Secutix or its partners.

The Organizer's liability is in any case limited to the amount of the ticket purchased.

Article 12.    Recording – recordings – image rights

Any photography, sound recording or filming, whether professional or amateur, is prohibited during the Events.

The Customer is informed that the Events may be subject to photographic, audiovisual and/or sound recordings, carried out by or on behalf of the Organizer, or by its partners or the Association, primarily for information, communication, promotional and archival purposes.

By attending the Event, the spectator authorizes the Organizer, free of charge, to record and use their image and/or voice, insofar as they appear incidentally and in a non-individualized manner, on any medium and by any means, worldwide and for the duration of the legal protection of rights, without any entitlement to remuneration.

Article 13.    Personal Data

The personal data collected at the time of the order are necessary for the processing of the reservation and the issuance of tickets, subscriptions and any associated Protection.

The Organizer acts as the data controller. Secutix acts as a data processor for ticketing operations. Cover Genius acts as an independent data controller for the Protection services offered.

In accordance with applicable personal data protection regulations, the Customer has rights in respect of their personal data (in particular the rights of access, rectification, erasure and objection), which may be exercised under the conditions set out in the Privacy Policy, available on the Website under the section “Privacy Statement”.

For any questions relating to the protection of personal data, the Customer may contact the Data Protection Officer (DPO) at the address indicated in said policy.

Article 14.    Customer Service 

Email: billetterie@lesmelezes-evian.com
Phone: +33 (0)4 50 26 94 48 
Courrier : Evian Resort, Les Mélèzes, Quai Baron de Blonay, 74500 Evian-les-Bains

Article 15.    Applicable law, dispute resolution

These General Terms and Conditions of Sale are subject to French law.

In the event of a dispute relating to the interpretation, execution or validity of these Terms and Conditions, the Client is invited to contact the Organizer as a matter of priority in order to seek an amicable solution.

In accordance with the provisions of the Consumer Code, the Consumer Customer may use a consumer mediator free of charge for the amicable resolution of the dispute, under the conditions provided for in Articles L.612-1 et seq. of the French  Consumer Code.
The contact details of the competent mediator are available and will be communicated on request.

In the absence of an amicable resolution, the dispute may be brought before the competent courts.