Chamonix All Year – Guest Booking Terms and Conditions (T&C)

These Booking Terms and Conditions (T&C) constitute the contract (the “Contract”) between Chamonix All Year Limited (the “Agent”) and the named person (“the Group Leader”) on the booking form and who accepts the Booking Terms and Conditions (the “Booking”) together with other members of the group (the “Group”) who have paid the stated price of the holiday (the “Holiday”) as set out in the Agent’s information and in respect of which each member of the Group has provided consideration and accordingly these T&C apply to each and every member of the Group. The Group hereby acknowledges that the Group Leader has been appointed to sign these T&C on behalf of each and every member of the Group.

The Group Leader shall mean the individual during the period of the Holiday, including any new appointed Group Leader and who shall act on behalf of all members of the Group. The Group Leader is responsible on behalf of all other members of the group for all matters relating to the Booking.

“The Group” refers to all persons booked to stay in the Accommodation. The Group includes any change of names to the original Booking.

The Contract is made and the Booking is confirmed once Payment has been (i) received by the Agent from the Group Leader and/or other members of the Group, and (ii) an email has been sent by the Agent to the Group Leader to confirm that funds have cleared into the Agent’s bank account, the Agent’s bank account details having been previously notified to the Group Leader. Please refer to Clause 2.0 with regards to Payment.

If the Booking is taken over the telephone, as opposed to for example via the internet, a copy of these T&C will be emailed to the Group Leader. Please note it is the Group Leader’s responsibility to read these T&C and to circulate these to other members of the Group so they are aware of the Agent’s T&C and the members of the Group will be bound by the T&C in any event. The Agent cannot accept any responsibility and/or liability for the Group Leader not having done so.

1.0 Booking

1.1.Please note that at the time of making the Booking the Group Leader must be 18 years or over.

1.2.The Group Leader should complete the Booking form online or telephone the Agent to make a Booking. Once the Booking has been received, the Group Leader will receive a provisional Booking confirmation email with a copy and a link to the T&C, and a request for Payment, if Payment has not been made already over the telephone or by bank card online. The Group Leader must make the required Payment within 7 days of receiving the provisional Booking confirmation email or the Booking may be cancelled by the Agent. Please also refer to Clause 2.0 with regards to Payment.

1.3.The Group Leader will be responsible for ensuring all personal information and Booking details are correct.

1.4.If at any time prior to the stay the Group Leader withdraws as a member of the Group and wishes out of the Booking, the Agent must be notified either by email or telephone by the original Group Leader, and must be provided with the contact details including email details for the new Group Leader prior to the start date of the Holiday. The Agent will email a new Booking confirmation to the new Group Leader with a link to the T&C and by receiving this email, the new Group Leader agrees to be bound by the T&C. The Agent may charge an admin fee of £30 (inclusive of VAT) for amendments to the Booking.

1.5.The Booking of Accommodation (unless otherwise stated for example but not limited to, catered Accommodation) includes the self-catered rental of the Accommodation for the booked dates, local tourist tax, Linen (consisting of one set of bed linen and towels per person, bath mats and tea-towels as appropriate), plus an end of stay clean but Check-out instructions need to be adhered to.

2.0 Payment

2.1.When making Payment a deposit of 30% of the Accommodation cost is required within 7 days of receiving the provisional Booking confirmation email and the balance of 70% is required 8 weeks prior to the start of the Holiday. If the Group Leader is making the Booking within 8 weeks of the start of the Holiday, then full Payment is required within 7 days.

2.2.If other services (“Services”) in addition to the Accommodation are booked and included along with the Booking of the Accommodation, then Payment for the Services will be made with the balance of the Accommodation Payment, 8 weeks prior to the start of the Holiday, unless the Booking is within 8 weeks of the start of the Holiday, then full Payment is required within 7 days of the Booking being made.

2.3.In all cases full Payment must be received in the Agents bank account in advance of the start of the Holiday.

2.4.Whenever a Payment whether a deposit Payment, balance Payment or Payment in full is received the Agent will send receipt of Payment by email to the Group Leader.

2.5.Where Payment is being received by instalments via the Group Leader and/or other members of the Group, the Booking is not completed until final Payment is received on the agreed date/s. If any Payment is not received on the agreed date/s the Agent has an automatic right to terminate the Booking and a cancellation charge of £30 (inclusive of VAT) may apply. All monies received up to the date where a Payment is missed, whether this is a final Payment or otherwise are refundable at the Agent’s discretion.

2.6.Where Payment is made in full at the time of Booking, the Booking is completed when the Agent sends the Group Leader receipt of Payment confirmation by email.

2.7.In case of dishonoured Payment the Group Leader will be contacted by the Agent to make Payment by other means, to be received by the Agent within 7 days (or immediate Payment if the Group is due to start the Holiday in less than 7 days). Failure to do this will mean automatic cancellation of the Booking and a cancellation charge of £30 (inclusive of VAT) may apply.

2.8.Payments by the Group Leader and/or other members of the Group can be made by bank transfer, GBP sterling cheque or debit/credit card (Visa or MasterCard). Card charges will be levied on all card Payments, 2.3% for credit cards and 0.75% for debit cards. Any bank charges levied by the Group Leader’s and/or by a member of the Group and/or by the Agent’s bank, for sending or receiving bank transfers or cheques will be the responsibility of the Group Leader.

2.9.The Agent guarantees the GBP sterling price of the Holiday as quoted at the time of Booking. However if Payment is made in foreign currency, the Agent reserves the right to ask for Payment of additional sums in GBP sterling to cover any fluctuation in currency exchange.

2.10.Irrespective of any card/charges and/or changes in currency rates referred to in Clauses 2.8 and 2.9 above the Agent must always receive the full amount as quoted for the Holiday.

2.11.The Agent reserves the right to increase or decrease the price of unsold Holidays at any time.

3.0 Damage Deposit

3.1.The Group Leader is required to pay a damage deposit (“Damage Deposit”) before the start of the Holiday. The amount of the Damage Deposit will be specific to the Accommodation booked and stated at the time of Booking and on the provisional Booking confirmation email. The Damage Deposit can be taken via an authorisation from a credit or debit card (Visa or MasterCard), or GBP sterling cheque.

3.2.If the Damage Deposit is authorised using a credit or debit card (Visa or MasterCard), it will automatically be released from the card within twenty eight (28) days of the end of the Holiday unless specifically requested by the Group Leader to be released sooner. If the Damage Deposit is held by GBP sterling cheque then this will be returned via post within twenty eight (28) days of the end of the Holiday unless specifically requested by the Group Leader to be released sooner. Any release of the Damage Deposit by whatever means is subject to the conditions in the remainder of Clause 3.

3.3.Please note the Agent does not accept Damage Deposits by bank transfer. If the Group Leader sends a Damage Deposit by bank transfer in error, the Agent will only return the amount received in GBP sterling and will not be responsible for any bank charges or fluctuation in currency exchange incurred to return the Damage Deposit or lost by the Group Leader or any other member of the Group as a result of using this method of Payment.

3.4.Subject to Clauses 3.5, 3.6 and 3.7, the Agent has the right to automatically withhold any or all of the Damage Deposit at any point during the stay or after the Holiday has been concluded, if the Agent has been notified of, or they themselves have discovered, any loss or damage wheresoever or howsoever caused.

3.5.Any loss or damage wheresoever or howsoever caused or arising by the Group Leader, or members of the Group, to the Accommodation (including fixtures and fittings within the Accommodation) and/or building and/or common parts must be paid in full including a charge for the Agent’s time to rectify any issues which will be charged at £30 per hour (inclusive of VAT), with a minimum charge of £30. Such costs will be deducted from the Damage Deposit held and if the Damage Deposit was paid by GBP sterling cheque any remaining balance will then be returned to the Group Leader within twenty eight (28) days of the departure date from the Accommodation.

3.6.Please note the Agent’s Linen is NOT to be used for the hot tub, swimming pools or outside of the Accommodation. Any soiled, damaged or missing Linen will be charged to the Group Leaders and costs deducted from the Damage Deposit to cover the replacement of such Linen, plus the Agent’s time to rectify any issues which will be charged at £30 per hour (inclusive of VAT), with a minimum charge of £30. Such costs will be deducted from the Damage Deposit held and if the Damage Deposit was paid by GBP sterling cheque any remaining balance then returned to the Group Leader within twenty eight (28) days of the departure date from the Accommodation.

3.7.Any missing items or damage caused to the Accommodation (including fixtures and fittings within the Accommodation) and/or building and/or common parts resulting in an excess over and above the Damage Deposit held will be payable by the Group Leader on behalf of the Group irrespective of which person was responsible. This is to be paid to the Agent by the Payment details supplied within fourteen (14) days from notification of the costs.

3.8.It is the responsibility of the Group Leader to ensure that on check-out all keys, building access fobs, parking fobs and/or parking cards are left at the Accommodation as instructed. Should any member of the Group go home with any of these items, they will be requested to send them back to the Agent by registered post to the address supplied. Failure to do so may result in a charge from the Damage Deposit being taken for the replacement of these items plus a minimum charge of £30 (inclusive of VAT) for the Agent’s time to manage these. However should this hinder the next guests stay in any way the Agent will need to replace these items and a charge made from the Damage Deposit.

3.9.It is the responsibility of the Group Leader to notify the Agent of any damages or lost items before the end of the Holiday. The Accommodation will be checked by the Agent after the Group’s departure, and any damages or missing items will be charged from the Damage Deposit in accordance with Clause 3.7.

3.10.The Agent will be entitled to recover all legal costs and charge an hourly rate of £30 per hour (inclusive of VAT) for time incurred in recovering any outstanding monies over and above the Damage Deposit.

3.11.It is the responsibility of the Group Leader to notify the Agent within 24 hours of arrival of any damage found in the Accommodation. Any damage not notified to the Agent will be assumed to be caused by the Group and charged accordingly in accordance with Clause 3.7.

3.12.It is up to the Group Leader to ensure that the Accommodation is left clean and tidy on departure as per the Check-out Instructions supplied to the Group Leader via email with the arrival information and also contained in the information file in the Accommodation. If the property requires any additional cleaning whatsoever over and above the usual check-out clean it will be charged at an additional £30 per hour (inclusive of VAT) with a minimum charge of £30 and will automatically be deducted from the Damage Deposit. If the Damage Deposit was paid by GBP sterling cheque any remaining balance will then be returned to the Group Leader within 28 days of departure from the Accommodation.

4.0 Noise and Nuisance

4.1.Loud music and parties are not permitted in the Accommodation. In particular if the Group is making noise after 22.00pm other residents have the right to telephone the local police.

4.2.The Agent has the right to terminate the Holiday, without notice and/or liability, of any member of the Group whose behaviour is such that it is likely to disrupt the enjoyment of others on Holiday and/or cause damage to the Accommodation, building, common parts and/or vicinity of the building.

4.3.The Agent has the right to terminate without notice and/or liability the Holiday of any member of the Group whose behaviour they receive complaints about, from any third party in respect of their behaviour in the Accommodation, common parts, and/or vicinity of the building.

4.4.The Group Leader will be charged at £30 per hour (inclusive of VAT), with a minimum charge of £30 for the length of time it takes the Agent to deal with such matters along with any such charges for missing items and/or damages found at the Accommodation (including fixtures and fittings within the Accommodation), common parts and/or those of a third party. Such charges will automatically be deducted from the Damage Deposit held and if the Damage Deposit was paid by GBP sterling cheque any remaining balance then returned to the Group Leader within twenty eight (28) days of departure from the Accommodation.

4.5.If as a result of Clause 4.4, there are missing items and/or any damage is caused to the Accommodation (including fixtures and fittings within the Accommodation) and/or building and/or common parts, which resulting in an excess over and above the Damage Deposit held, such additional sum, will be payable by the Group Leader on behalf of the Group irrespective of which person was responsible. This is to be paid to the Agent by the Payment details supplied by the Agent to the Group Leader within fourteen (14) days of notification of the costs, and in the event of matters stated at Clause 4.3 such Payment shall be made prior to the Groups departure.

5.0 Access to the Accommodation and other Services

5.1.The Agent endeavours to make arrangements to meet the Group Leader at the Accommodation on arrival. Normal check-in time is from 5pm to 9pm, and check-out is by 10am. Alternative arrival and departure times must be agreed with the Agent and booked in advance, and may be subject to a fee of €25 for apartments and €50 for chalets so that an express changeover can be booked to prepare the Accommodation for the Group Leader’s arrival or that of the subsequent guest. The fee for alternative arrival and departure must be paid on arrival at the Accommodation.

5.2.Any arrival after 9pm may be subject to a €30 late check-in fee or €50 late check-in fee if arriving after midnight which must be paid on arrival at the Accommodation.

5.3.Should the Accommodation not be vacated at the agreed time (referring to Clause 5.1 and 5.2) an additional charge may be made to the Group Leader of £30 per hour (inclusive of VAT) with a minimum charge of £30.

5.4.The number of persons allowed to stay in the Accommodation is limited to the numbers as stated and advertised on the Agent’s website at the time the Booking is made, irrespective of the number of beds available at the Accommodation. This excludes infants in cots but only in so far as notified on the Booking form.

5.5.In relation to Clause 5.4 any additional person(s) found to be staying at the Accommodation will be asked to leave the Accommodation immediately. Failure to do so will result in them being evicted. The Agent bears no responsibility and/or liability for finding that person(s) alternative Accommodation. In such an event the Group Leader will be responsible for any charges, costs and/or damage for the period of time any such person(s) has(ve) already stayed at the Accommodation. Such charges will be on a pro-rata cost of the charges for the Accommodation. Payment in respect of charges, costs and/or damages will be payable immediately by the Group leader to the Agent and in any event prior to the Group’s departure. Failure to pay will result in such charges being deducted from the Damage Deposit.

5.6.The Agent reserves the right to access the Accommodation during the course of the Group’s Booking as and when required for example, but not limited to, in the event of an emergency, to investigate noise or other such complaints, maintenance issues and at other times by the Agent upon reasonable notice and at a reasonable time. The Agent will endeavour to contact the Group Leader to notify them of such access but reserves the right in any case to access the Accommodation.

6.0 Photography and video footage

6.1.Any photography or video footage taken at the Accommodation may not be sold or used for commercial purposes without the prior written approval from the Owner obtained via the Agent.

7.0 Accuracy of information

7.1.All photography, descriptions and information on the website at the time of making the Booking are the most current details that the Agent has available. The Agent does not accept responsibility for any errors therein. The Agent reserves the right to make appropriate changes to the said photography, descriptions and information of the Accommodation as and when appropriate.

7.2.The Agent further reserves the right to make changes to the layout, facilities and furniture available at the Accommodation if required to do so by the Owner and/or as they see fit.

8.0 Disruption to the enjoyment of the Accommodation

8.1.The Agent will use its best endeavour to ensure that all electrical equipment and/or services including, but not limited to, Wi-Fi and satellite TV if applicable, are in good working order and remedy any faults to the best of their ability during the Holiday. However, no request for changes in Accommodation will be considered due to failure of electrical equipment and/or services howsoever caused. Compensation in respect of such matters shall be at the Agent’s discretion and in any event will be limited to a maximum of £30.

8.2.The Agent will not be liable and/or responsible for any failure to hot tubs and/or swimming pools at the Accommodation which results in them not being available for use during the course of the Booking. The Agent will not consider any requests for changes in Accommodation which is as a result of the hot tub and/or swimming pool not being available for use during the course of the Booking. Compensation in respect of matters stated in relation to this Clause 8.2 shall be limited to £30 per day (inclusive of VAT) for the period of such non-availability, provided that such non-availability is not as a result of any action and/or fault on the part of any member of the Group.

8.3.The Agent is not responsible for any disruptions to the Group’s stay and/or enjoyment at the Accommodation which are caused by a third party. Examples include, but are not limited to, building works and/or nuisance.

9.0 Refunds and Cancellations by the Group Leader

9.1.Cancellations must be notified to the Agent by the Group Leader as soon as possible either by email or telephone. Refunds will be at the Agent’s discretion. The Agent will endeavour to find a replacement Booking, in which case any Payment made by the Group may be returned to the Group Leader in full. (Unless the price of the Holiday had to be reduced in order to resell it – and in which case the amount to be refunded to the Group Leader will be minus the difference/reduction.) Any refund or cancellation will always be subject to a £30 administration fee (inclusive of VAT). Once a refund Payment has been made to the Group Leader in respect of the same the Agent shall not be liable to any other members of the Group in respect of such refund, and the Group Leader is responsible for any reimbursement to the members of the Group.

9.2.Due to each Accommodation having different Owners it is not possible for the Group Leader to exchange one Accommodation for another without charges being incurred in respect of any such new Accommodation and a new Booking being completed.

9.3.As the Agent cannot guarantee any refund for cancellations by the Group Leader, the Agent recommends that the Group Leader ensures that each member of the Group has adequate insurance in place, should the Group need to cancel their Holiday.

10.0 Refunds and Cancellations by the Agent

10.1.Due to circumstances beyond the Agent’s control for example, but not limited to, issues with the Accommodation or a Force Majeure event (see Clause 13), it may be necessary to make alterations to a confirmed Booking or to cancel the Booking completely. Whilst the Agent will make every effort to ensure this does not happen, if it is unavoidable the Agent will contact the Group Leader as soon as possible. In this instance the Agent will:

a) endeavour to make alternative arrangements for Accommodation of the same value if available. Alternatively if the Group Leader prefers;

b) offer a full refund of any monies paid in respect of the Accommodation and Services paid for.

10.2.In the event that no alternative arrangements for Accommodation of the same value can be offered, but Accommodation of a higher value can be offered by the Agent, it will be the responsibility of the Group Leader to notify the Group of the same and the Group Leader shall be required to pay the difference if the Group wishes to make a Booking at the alternative Accommodation.

10.3.In the event that no alternative arrangements can be made a full refund of any monies paid for the Accommodation and any Services will be made by the Agent to the Group Leader. No other compensation will be offered.

11.0 Personal Belongings and Security

11.1.It is the Group Leader’s responsibility to ensure the Accommodation is securely locked including all windows, Velux windows and doors at all times during and at the end of the Holiday. French insurance does not cover theft from the Accommodation unless there has been forced entry. Therefore should a theft occur due to the Accommodation not being secured, the Group Leader will be responsible for replacement of goods / items stolen from the Owner’s Accommodation and cost to cover any damages. These monies will have to be paid even if they exceed the Damage Deposit held. The Group Leader will be responsible for Payment of the additional sums stated and shall be made to the Agent by the Group Leader within 14 days of notification of costs.

11.2.Any theft or break-in at the Accommodation must be reported immediately or as soon as is practically possible to the French police (Gendarmes) and in any case prior to the Group’s departure from the Accommodation. If any assistance is required with this the Group Leader must contact the Agent.

11.3.In addition, it is very important that the Group takes care to ensure that windows, Velux windows and doors are closed securely to avoid any damage to the Accommodation due to weather conditions that may cause for example, but not limited to, water damage, frozen/burst water pipes. If damage occurs during the Holiday due to, but not limited to, windows being left open, then these will be charged to the Group Leader. The Group Leader will be notified of the costs and charges and Payment of the sums stated shall be made to the Agent by the Group Leader within 14 days of notification of the costs.

12.0 Insurance

12.1.It is up to the Group Leader to ensure that each member of the Group is responsible for the safety of themselves and of all their own personal possessions, documents and equipment. No responsibility and/or liability is or will be accepted in respect of the same by the Agent. The Agent is not responsible at any time whatsoever or under any circumstances for the Group’s personal possessions, documents and/or equipment. Any assistance that the Agent may offer is entirely on a good will basis and at the Group Leader’s own risk.

12.2.It is the responsibility of each member of the Group and the Group Leader to ensure that each member of the Group has all their own necessary medical and travel insurance documents to cover themselves fully before embarking on the Holiday and to ensure that any documents or medication required during the Holiday is brought with each member of the Group. No responsibility and/or liability whatsoever or howsoever arising shall be accepted by the Agent in respect of any such failure by a member of the Group to take out such appropriate insurance as required by each member of the Group.

13.0 Force Majeure

The Agent does not accept any liability wheresoever or howsoever arising or pay compensation for, but not limited to:

a) any event which the Agent could not foresee or avoid. Such events include war, threat of war, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events out of the Agents control;

b) any cancellation, loss, delay or costs wheresoever or howsoever arising or connected with adverse weather or traffic conditions, avalanche, mud slips, slides and snow conditions and the effect any of these may have on travel arrangements, Accommodation and activities;

c) limitations imposed by resort authorities, ski-lifts, ski school or ski hire operators;

d) travel arrangements made by the Group or on behalf of the Group.

The Agent does not accept any liability for personal injury or death wheresoever or howsoever arising caused to any visitor and/or any member of the Group for their duration of stay in the Accommodation. This is not intended to exclude any statutory rights the Group and/or visitor may have.

14.0 No smoking

14.1.For safety & insurance purposes the Agent has a no-smoking policy in the Accommodation and the Group Leader shall notify each and every member of the Group of the same.

14.2.No responsibility and/or liability whatsoever or howsoever arising shall be accepted by the Agent in respect of any such failure by a member of the Group to comply with this policy.

14.3.Should there be any evidence of smoking and/or any smell of smoke stale or otherwise in the Accommodation once the Group has checked out the Group Leader will be charged for all necessary steps to rid the Accommodation of the smell of smoke including a charge for the Agent’s time to rectify any issues which will be charged at £30 per hour (inclusive of VAT), with a minimum charge of £30. Such costs will be deducted from the Damage Deposit held and if the Damage Deposit was paid by GBP sterling cheque any remaining balance will then be returned to the Group Leader within twenty eight (28) days of the departure date from the Accommodation.

15.0 Pets

15.1.Pets are not allowed at the Accommodation unless permission has been granted in writing by the Agent prior to arrival at the Accommodation and in that case an additional charge of £30 (inclusive of VAT) will be made. The Agent reserves the right to cancel the Booking immediately and without any liability or refund to the Group Leader, or any member of the Group, in respect of the same, unless permission has been granted.

15.2.In this circumstance the Agent will not be responsible for assisting the Group Leader in finding alternative Accommodation.

16.0 Children

16.1.The Group Leader and parents travelling in the Group must take responsibility for the well-being and conduct of any minors as identified and stated by the Group Leader on the Booking form as travelling as part of the Group and staying in the Accommodation for the duration of the Holiday. For the purposed of these T&C a minor is any person under the age of 18.

17.0 Complaints and problems

17.1.The Group Leader should contact the Agent whilst on Holiday, with any issues arising during the Holiday and as required by these T&C, as the Agent will always endeavour to help resolve any problems the Group Leader may have during the Holiday.

17.2.In the unlikely event of any problems not being resolved during the Holiday, and the Group Leader wishes to make a complaint in respect of the same then the complaint must be made by the Group Leader to the Agent either by email to [email protected] or by telephoning +44 203 384 1801 within 7 days of departure from the Accommodation. The Agent is only obliged to consider a complaint when this procedure has been followed.

18.0 Liability

18.1.The Agent’s entire liability for any matter in relation to these T&C shall at all times be limited as a maximum to the price of the Accommodation and any Services booked as stated in the Booking confirmation.

19.0 General

19.1.For the avoidance of doubt in the event of any conflict the provisions of these T&C shall prevail.

19.2.A person who is not a party to this Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Contract provided always this does not affect any right or remedy of a third party which exists or is available apart from the Act.

19.3.In the event that any T&C of this Contract shall be deemed by a Court of competent jurisdiction to be invalid or void, then the remaining T&C shall remain in full force and effect and any substituted T&C shall take effect as if an original term of this Contract.

19.4.Once a Booking is confirmed with the Group Leader under this Contract it binds both the Group Leader and each and every member of the Group jointly and severably.

19.5.These T&C and any proceedings thereunder is governed by the laws of England and subject to the exclusive Jurisdiction of the Courts of England.

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