I. General and definitions
These General Conditions of Use are intended to define the terms of the provision of the Magic Pass mobile application as well as the proposed services within the framework of the BeMagic program from Magic Mountains Cooperation and to define the conditions of availability for and use of such services by the clients of the Magic Pass.
The Magic Pass mobile application does not replace the Magic Pass keycard. Only the Magic Pass keycard provides access the ski lifts (in summer and in winter).
i) Mobile application
The current mobile application is available free of charge to all holders of a valid Magic Pass from Magic Mountains Cooperation. It contains useful information on the resorts, a section entitled ‘my account’, Magic Meteo, partner offers for the program, as well as suggested ‘challenges’ for members of the BeMagic program.
The BeMagic program is a loyalty program for holders of the Magic Pass. It groups together products and services in the resorts provided by various elements of the tourism business and promotes their offers..
The member partners are all the businesses that have made the decision to join the BeMagic program and accept its regulations. The partners representing different sectors of the tourism business are: hoteliers, restaurateurs, businesses, leisure companies ... these can be inside or outside the Magic Pass resorts.
All holders of a Magic Pass from the age of 6 who have subscribed to the BeMagic program can be considered as clients, subject to art. f) below. Registration is made via the mobile application and entails the client providing or validating the following details: surname, first name, date of birth, postal address, means of payment.
i) Mobile application
The mobile application is free of charge and open to all holders of the Magic Pass who have given their permission for data processing and have accepted these General Conditions on registration. The participant agrees to the following:
- Personal data for use of the Magic Pass can be recorded in order to establish a client profile (period and frequency of use).
In order to use the Magic Pass mobile application, the client should register with the same account information as that used to buy the Magic Pass.
ii) BeMagic Program
The BeMagic program is free of charge and available to all Magic Pass holders who have agreed to data processing and have accepted these General Conditions upon registration. The participant agrees to the following:
- Their personal data may be analysed within the framework of the BeMagic program in order to establish a client profile.
- They may receive newsletters at varying intervals containing personalised offers tailored to their buying habits. These offers concern products or services promoted by the partners of the BeMagic program.
To benefit from these special offers, the client agrees to communicate the payment methods used in order to collect Magic points.
d) BeMagic account and identifier
The BeMagic program requires no further intervention from the client. Points will be automatically credited or debited to their account when they use a payment method registered in the program / validate and scan a coupon. At the time of registration, the client is allocated an individual number corresponding to a BeMagic account. The system generates an identifier consisting of their email address and a password. As a member of the program, the client can access their account at any time on the Magic Pass mobile application. Here the client may check on their points total, their transactions, link an account, view their use of the Magic Pass, and set up their profile.
The BeMagic program is limited to holders of the Magic Pass only. Any participant may leave the program by cancelling all payment methods in the application without replacing them, or by cancelling their account. Apart from that, all clients whose Magic Pass has not been renewed by midnight on 31 December of the current year will be automatically excluded from the program. Once removed from the program, clients no longer have the right to any potential points on their account. These points and their equivalent financial value thenceforth belong exclusively and entirely to the managing company of the BeMagic program. The latter also reserves the right to exclude from the program any participant contravening these General Conditions of Use.
f) Participation of minors
Minors (aged 6 to 18 years inclusive) are authorised to accumulate Magic points. They should fulfil the following cumulative conditions: they should be holders of a valid Magic Pass, with one parent being the holder of a valid Magic Pass and registered with the program, and be part of the same ‘order’ as the parent when the Magic Pass was purchased. Exceptions can be made upon request, at the sole discretion of the managing company of the BeMagic program.
A minor will hold an account in their name, linked to the account of one of their parents/guardians. The points accumulated by passing through the barriers of the lift company will be awarded to the parent/guardian chosen when the accounts were linked.
Each adult member is free to supply information concerning the children connected to their account. They should, however, maintain parental authority over minor children or have obtained in advance the agreement of the holders of said parental authority in order to do so.
Upon obtaining their majority, a member of the BeMagic program may disconnect their account with their parent/guardian. In order to create a new account, they should register a payment method. Their accumulated Magic points will be reset to zero.
g) Acquisition and use of points
The BeMagic program allows the collection of Magic points from the partners to the program. The number of collected points depends on the amount of the transaction and of the promotional offer made by the partner. As a minimum, the number of collected points corresponds to the amount of the transaction, rounded down to the nearest whole number. The points are automatically credited to the client account. The points have no use-by date as long as the client renews their Magic Pass year on year. Should this not be the case, then the points will expire at midnight on 31 December of the current year.
If an adult client wishes to use their points to acquire a product/service, they should go the MY ACCOUNT menu, and then to the Coupons sub-menu. There they can choose a trader with whom to validate a coupon, and then the value of the coupon. By validating a coupon, the application will generate a QR code, which the client should present to the trader when paying for their purchase. It is not possible to pay the whole invoice with one or more coupons. The remaining amount of the invoice should be paid with one of the payment methods registered in the application.
h) Data processing
By partaking in the BeMagic program and using the application, the client consents to data processing in accordance with these General Conditions. Data is collected, processed and used with the objective of implementing the BeMagic program. Only data essential to the efficiency of the program is collected, processed and used. By accepting these General Conditions, the client agrees for their personal data, including data relating to their means of payment registered in the program, to be used both as an objective and for the efficiency of the program, in particular in order to collect and use points. Should a client wish to revoke their consent to the collection, processing or use of their data, they should cancel the program immediately as far as the data is required in order to execute the said program.
Client data may be used for marketing purposes solely within the framework of the program, except in the case of legal obligation or at the request of an authority. It is to be noted that personal data will not be transmitted to any partner to the program. Each partner providing points will have access to a general overview of their performance within the framework of the program, but all client data will remain anonymous.
Any client may at any time request access to the data collected in their name, and all demands for personal information to be amended should be sent to this address: firstname.lastname@example.org.
All personal data will be kept for as long as necessary for the execution of the program and will be removed when the participant leaves the program, that is when the legal deadline has expired.
i) Jurisdiction and applicable law
These General Conditions can be amended at any time and their new version published on the application and should be accepted so that the application can be used following an amendment.
The managing company of the BeMagic program may end the program following a notice three months in advance and notification by email.
These General Conditions are subject to Swiss law, to the exclusion of the rules of international private law.
All prosecution arising from these General Conditions or relating to the same shall be subject to the exclusive authority of the Courts of Sion (Valais, Switzerland).
Sion, October 2020