Website Terms and Conditions of Use

1. INTRODUCTION

These Terms and Conditions of Website Use (“Terms and Conditions”) are intended to provide Users of the website https://www.lemassifcourmayeur.com/ (“Website”) with detailed information on how Pestana Management – Serviços de Gestão S.A., a public limited company with head office at Rua Jau, n.º 54, 1300 – 314 Lisbon, registered at the Lisbon Commercial Registry Office with the corporate taxpayer number 511230397 and Intervisa – Viagens e Turismo Unipessoal, LDA, with head office at Rua Jau, n.º 54, 1300 – 314 Lisbon, registered at the Lisbon Commercial Registry Office with the corporate taxpayer number 502669152, (hereinafter “Pestana Group” or “Website Operator”), contactable by telephone at (+351)  210 158 100 (call to the national fixed network) and by email at lemassif@pestana.com provides Users with access to the Services available on the Website, as well as informing Users of the conditions applicable to the use of the Services, including their updates, developments, new tools and/or new properties.

By using or visiting the Website or any of the information, data files, written text, graphics, links, photographs, videos or other images (together, “Content”), resources and services (together, including the Content, the “Services”) made available through it, you, as a user or visitor thereof (“User”), agree to and accept (i) these Terms and Conditions and (ii) the Privacy Policy.

The Website contain a ‘Book’ button that redirects the User to an external booking environment operated within the Pestana digital ecosystem and/or by its booking technology provider. Any booking made after such redirection shall be governed by the terms and conditions, privacy information and commercial terms presented in that booking environment, and not by these Terms, except to the extent strictly related to use of this Website before redirection, and therefore assuming no responsibility for problems arising from the performance of those contracts.

2. GENERAL OBLIGATIONS AND LIABILITY OF THE USER

Website Operator reserves the right to amend these Terms and Conditions and the conditions for providing the Service at any time, merely by posting the amendments online on the Website, and it is the User’s sole responsibility to review and comply with them each time the Website is used. The User acknowledges and accepts that no prior notice will be given regarding amendments due to valid reasons. For these purposes, the User acknowledges and accepts that valid reasons shall be deemed to include those motivated by security reasons, legal requirements or economic reasons affecting Website Operator. Use of the Website after publication of the amendments constitutes acceptance of the updated version of the Terms and Conditions. If the User does not agree with the amendments made or, generally, with the Terms and Conditions, the User must immediately cease using the Website and the Services.

By accessing, using and downloading materials from the Website, the User agrees, on its own behalf and/or on behalf of the entity in whose name it is acting, to comply fully with these Terms and Conditions, warranting that it has the authority to act on behalf of the third party it represents, if applicable.

Access to the Services by any means other than through the interface made available by Website Operator is expressly prohibited, as is access (or attempted access) to the Website and/or the Services through automated means (including the use of scripts or web crawlers).

Use of the Website for purposes other than those for which the Website is intended is expressly prohibited, including illegal purposes or any others that may be considered harmful to Website Operator’s image in the market. Misappropriation, counterfeiting, exploitation of misappropriated or counterfeited content, unlawful identification and unfair competition are criminally punishable.

The User is also prohibited from creating or introducing into this Website any type of virus or programs that damage or contaminate it or advising third parties to do so.

3. RIGHTS AND OBLIGATIONS OF WEBSITE OPERATOR

Website Operator reserves the right to:

(i) depending on the degree of seriousness, block content, temporarily suspend the possibility of sharing services through the Website, or permanently terminate the partnership / User Accounts whose content is unlawful, offensive, threatening, defamatory, pornographic, obscene or objectionable, or that infringes third-party intellectual property rights or these Terms and Conditions;

(ii) or discontinue the Website, in whole or in part. This latter decision shall take effect following appropriate prior notice, or immediately if motivated by one of the following justifying reasons agreed between the parties: discontinuation due to security reasons, legal requirements or economic reasons affecting Website Operator.

4. INTELLECTUAL PROPERTY AND PERSONALITY RIGHTS

Ownership

All information contained on the Website and the Services and all data and information compiled by Website Operator associated therewith (such as data files, written text, Software, music, audio files or other sounds, photographs, videos or other images) to which the User has access as part of the Services or through their use are deemed to be content of Website Operator, another entity belonging to it, or a third party, where duly identified. The User may not modify, lease, lend, loan, sell, distribute or create a derivative work based on such content (in whole or in part), unless expressly authorised in writing to do so by Website Operator or by the third party holding the relevant intellectual property and personality rights.

The User acknowledges and agrees that Website Operator retain all intellectual property rights relating to the Services (whether such rights are registered or not and anywhere in the world where such rights may exist). Website Operator retain all rights not expressly granted to the User in these Terms and Conditions.

The User further agrees not to remove, conceal or alter any intellectual property rights notices (including copyright and trade mark notices) that may be affixed to or contained in the Services.

Trade Marks and Similar Signs

Unless expressly authorised by Website Operator to do so, nothing in these Terms and Conditions grants the User the right to use any of the registered marks, trade marks, service marks, logos, domain names and other distinctive brand features of Website Operator.

Software

Website Operator grants the User a limited, revocable, non-exclusive and non-transferable right to access and use the Website and its functionalities for personal, non-commercial purposes and in accordance with these Terms and Conditions.

For the avoidance of doubt, the Website does not itself provide the booking service; where the User clicks on a ‘Book’ button or similar call to action, the User may be redirected to an external booking environment operated within the Pestana digital ecosystem and/or by its booking technology provider.

Any booking made after such redirection shall be governed by the terms and conditions, privacy information and commercial terms presented in that booking environment.

The User may not (nor may it permit third parties to) copy, modify, create a derivative work, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by applicable law or the User has been specifically authorised in writing by Website Operator to do so. Unless Website Operator has granted the User specific written authorisation to do so, the User may not assign (or grant a sublicense of) its rights to use the Software, grant any security over its rights to use the Software or otherwise transfer any part of its rights to use the Software.

5. DUTY TO PROVIDE INFORMATION TO CONSUMERS

The Website is primarily intended to provide information about Le Massif Courmayeur, including hotel-related content, facilities, location and other relevant hospitality information.

The Website may also contain links or redirects to booking services or other third-party services. Any booking or service requested after such redirection shall be processed in the relevant external environment and shall be subject to the terms and conditions, privacy information and commercial terms made available there.

Where the Website identifies services provided by third parties, such third parties shall be solely responsible for their own services and applicable terms.

Visiting and using the Website does not in itself imply any monetary payment. In any case, when visiting the Website, if the User consents to it, some of the User’s data will be used for purposes that are not essential to the provision of the service, as described in the Cookie Policy, which can be consulted here, and in the cookie banner. Lack of consent to the processing of these data shall have no consequence for the User, except for the loss of some personalised functionalities of the Website.

Users who do not agree with these Terms and Conditions or with the operation of the Website should refrain from visiting this medium and from submitting any requests through it. The User may also communicate its intention not to use the Website services again by completing the legally required form, or by any other means it deems appropriate.

If the User is a consumer, the legal guarantee of conformity shall apply to any lack of conformity existing at the time of supply for a period of two years, without prejudice to the duty to ensure that updates, including security updates, necessary to keep the digital content and services in conformity are communicated and supplied to the consumer during the period reasonably expected by the consumer, taking into account the type and purpose of the digital content or services, and the circumstances and nature of the contract.

The Website is compatible with most web browsers, such as Google Chrome, Firefox and Internet Explorer.

In this context, Website Operator states that, to the extent permitted by applicable law, it should be emphasised that the services are provided “as is” and “as available”.

In particular, although Website Operator makes every effort to ensure that the services conform and are fit for their intended purpose (consulting information, booking stays and other opportunities), namely through the implementation of up-to-date technical protection measures, taking into account the state of the art at any given time, it is impossible to guarantee at all times that use of the services will be uninterrupted, timely, secure or error-free.

Use by the User of the Website, the Services, as well as any materials downloaded or otherwise obtained through use of the Services, is, to the fullest extent permitted by law, at the User’s sole risk, and the User is solely responsible for any actual damages and loss of profits caused to the equipment on which the Website, the Services and the materials made available therein are used or viewed.

Nothing in these Terms and Conditions shall affect the rights provided for by applicable law to which the User is always entitled as a consumer, if acting in that capacity and dealing with Website Operator, and which the User cannot contractually agree to alter or waive.

To facilitate the User’s accessibility, Website Operator may include links to other websites on the internet that are owned or operated by third parties.

When using links to such third-party websites, the User must review and accept that website’s rules before using it. The User acknowledges that Website Operator does not control the content of that site and cannot assume any responsibility for materials created or published by such third-party websites. In addition, the existence of a link to a website that is not a Website Operator website does not mean that Website Operator endorses that website or the products and services referred to and/or made available there.

6. LIMITATION OF LIABILITY

To the extent permitted by applicable law, Website Operator shall not be liable for any interruption, error, delay or temporary unavailability affecting the Website.

Website Operator shall also not be liable for the content, availability, booking process, products or services made available in external or redirected booking environments, which shall remain subject to the terms and conditions and policies applicable in those environments.

Website Operator shall not be liable for damages resulting from the User’s misuse of the Website or breach of these Terms and Conditions. If the Website does not provide User Accounts, all references to passwords, User Account details and cancellation of the User Account should be deleted as inapplicable.

Website Operator’s liability by way of compensation for any actual damages and loss of profits related to the Website and the Services, caused by Website Operator, its representatives or agents, is limited, to the fullest extent permitted by law, to cases of wilful misconduct or gross negligence. If the User disagrees, in whole or in part, with the Website or the Services, or with these Terms and Conditions, the User’s only option is to cease using the Website or the Services, as applicable, and request cancellation of the User Account.

7. PRIVACY POLICY

The Privacy Policy contains an explanation of the procedures adopted by Website Operator and by third-party entities providing services through the Website in relation to the processing of Users’ personal data and the protection of their privacy when using the Website and the Services. To learn more about the processing of personal data carried out by Website Operator, please consult the Privacy Policy.

8. GENERAL PROVISIONS

Accessibility

One of Website Operator’s objectives is to ensure that Users can comfortably access all information available on the Website. Website Operator is open to Users’ suggestions or experiences and, if a User has difficulty properly accessing the Website and the Services, it is available to help. In that case, please contact [insert contact point]. This contact point is prepared to receive requests from any interested party, insofar as it strives to comply with the applicable accessibility requirements, including those set out in Decree-Law No. 82/2022, of 6 December, and Administrative Order No. 220/2023, of 20 July, to the extent applicable.

Precedence

In the event of a conflict between these Terms and Conditions and other specific provisions or specific terms and conditions existing on the Website relating to certain materials, the latter shall prevail.

Exercise of Rights

The non-exercise or non-immediate enforcement by Website Operator of rights or provisions set out in these Terms and Conditions shall not be construed as a waiver thereof.

Entire Agreement

The Terms and Conditions constitute the entire agreement between the User and Website Operator regarding the User’s use and consultation of the Website and the Services, and govern the use thereof (excluding any Services that may be provided by Website Operator under a separate written agreement), replacing in full any prior agreements entered into between the User and Website Operator in relation to the Website and the Services.

Severability

The invalidity, declared by a final judicial or arbitral decision, of any provision of the Terms and Conditions shall not determine the invalidity of the remaining provisions, and Website Operator reserves the right, where appropriate, to amend the Terms and Conditions accordingly so as to remedy the invalidity.

Notices/Communications/Complaints

Any notices and communications from Website Operator to the User under these Terms and Conditions should preferably be sent to the email address or postal address provided by the User, without prejudice to Website Operator being able to use other contact details and means of contact.

If the User is a consumer and is dissatisfied with the purchase of a service and with the solution presented by Website Operator, in order to resolve the situation, the User may resort directly to an Alternative Consumer Dispute Resolution Entity, since low-value consumer disputes (below EUR 5,000.00) are subject to mandatory arbitration or mediation when, by the consumers’ express choice, they are submitted to an arbitral tribunal attached to legally authorised consumer dispute resolution centres.

In any case, the User may also submit a complaint in the online or physical complaints book.

Additionally, if the User is dissatisfied with a service that is not directly provided by Website Operator but is made available on the Website, the User may direct the complaint directly to the service provider. Service providers make available all information so that the User may exercise the right to complain before an official, third-party entity that is impartial to the process (“dispute resolution entity”), which will help resolve the dispute in question. The service provider must also indicate all information that may be relevant in the context of the complaint, including any Alternative Consumer Dispute Resolution Entity to which it adheres and the existence of an Electronic Complaints Book.

Term of the Contract

The rules regarding use of the Website, as further described in the Digital Policy and in these Terms and Conditions, as well as the other provisions of these Terms and Conditions, apply on each separate occasion on which the User visits these platforms, whether simply to browse them or in cases where the User makes a service booking.

9. GOVERNING LAW AND JURISDICTION

Without prejudice to any mandatory legal provisions imposing otherwise, the Terms and Conditions, as well as the User’s relationship with Website Operator under them, are governed by the applicable laws of the Portuguese Republic. The User and Website Operator agree to submit to the exclusive jurisdiction of the judicial courts of the Lisbon district any legal issues arising from these Terms and Conditions, without prejudice to applicable mandatory legal rules. Notwithstanding the foregoing, Website Operator may apply for interim measures (or an equivalent type of urgent legal relief) in any jurisdiction.