Booking Terms, Cancellation and Refund Policy

BOOKING TERMS INCLUDING CANCELLATION AND REFUND Policy November 2017 

For Holidaymakers and Renters

We do not store credit card details nor do we share customer details with any 3rd parties

AD & Co. Limited for Premier Chalets, Chamonix Ski Chalets/Chamonix Chalets, Megève Chalets, Verbier Chalets, Ibiza Luxury Villas and Premier Chalets Booking Terms and Conditions (“T&C’S”)

These Booking Terms and Conditions constitute the contract (the “CONTRACT”) between AD & Co. Limited, trading under the following trading names along with others not specifically mentioned herein: Chamonix Ski Chalets, Chamonix Chalets, Megève Chalets, Verbier Chalets, Ibiza Luxury Villas, Premier Chalets individually acting as an Agent (the “AGENT”) on behalf of suppliers of accommodation including but not limited to property owners, tour operators, travel agents and appointed representatives as well as any other service providers AND the individual or collective clients represented by the party leader named in the correspondence and reservation forms and referred to in these Terms and Conditions as The Group Leader. The Group Leader mentioned on any reservation form, contract and email agrees to accept the Booking Terms and Conditions to create this contract in respect of a booking (the “BOOKING”) together with other members of the group (the “GROUP”) who agree to pay the stated price of the holiday, property rental and/or any associated travel extras (the “HOLIDAY”) as set out in the Agent’s information and in respect of which each member of the Group makes consideration.

Accordingly, these T&C’S apply to every member of the Group jointly and severally. The Group hereby acknowledges that the Group Leader has been appointed to agree to these T&C’S on behalf of each and every member of the Group and the consent is hereby given by the Group for the Group Leader to make decisions relating to the Booking on their behalf before during and after the Holiday where necessary. The receipt of any payment in respect of the Booking by the Agent or Owner from any member of the Group will deem be an explicit acceptance of these Terms & Conditions, no signature being required to execute the agreement.

All booking amounts, fees, charges and extras are quoted and subject to UK VAT at the prevailing rate.

The Agent is acting on behalf of the Accommodation provider and/or any other supplier to arrange the Booking. The Agent is not and cannot be held to be the principal but acts merely to facilitate the agreement and payment by all concerned parties to make the booking. These T&C’s serve to illustrate the general conditions of bookings consistent with common practice in the travel industry. They are enforceable in law in the absence of or in case of incomplete T&C’s are provided by the Accommodation provider or other supplier. In any case where the T&C’s of the said provider or supplier overlap these T&C’s, those provided by the provider, supplier or operator take legal precedence.

In acting as the Agent, we provide both parties with a fair protocol, payment gateway and communications standard to both parties to ensure that everyone’s expectations are met. Where there is a dispute, claim or other disagreement neither the Group Leader, Group and the Accommodation provider or other supplier can hold the Agent liable in any way. Any dispute be settled between The Holiday provider and the Group Leader or Group.

We recommend you read the Terms and Conditions provided by the Holiday Provider as they will be the basis of your complete understanding of the holiday you are booking. These will be provided to you upon request.

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 any Payment has been

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

 

1 The 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’S, 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 two business days of receiving the provisional Booking confirmation email and reservation form 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’S and by receiving this email, the new Group Leader agrees to be bound by the T&C’S. The Agent may charge an admin fee of £30.00 for amendments to the Booking.

1.5 The booking of accommodation (unless otherwise stated for example but not limited to, catered accommodation) includes only the items specified in the offer or associated reservation from

2 Payment

2.1 Unless otherwise stated the booking deposit must be paid and clear our account within 2 business days of the booking date as specified on the reservation form.

2.1              (i.) The Group Leader is responsible for making the entire deposit payment. If the Group intend to pay the deposit in shares this must be agreed by the Agent in advance.

                   (ii.) Payment of the deposit by any means is an explicit acceptance of these terms and agreement that a contract exists subject to these terms.

                   (iii.) Payment of the full balance must be made no less than 8 weeks prior to the beginning date of the holiday.

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 or more 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 for said Services 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. Failure to adhere to the payment terms may result in forfeiture of the booking and the party leader or other members of the group will not have any right to reimbursement of any payments already made.

2.4 Whenever a payment whether a deposit payment, balance payment or Payment in full is received the Agent will send a confirmation 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 £30.00 may apply. All monies received up to the date where a Payment is missed, whether this is a final Payment or otherwise are only refundable at the entirely 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 £30.00 may apply.

2.8 Payments by the Group Leader and/or other members of the Group can be made by bank transfer, PayPal or debit/credit card (most major cards are acceptable). Cheques are not accepted.

Our card processing fees which will be added to the amount paid by card are as follows:-

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 receiving bank transfers or cheques are the responsibility of the Group Leader who will be liable for any charges deducted our bank or the sender’s bank.

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 Damage Deposit

3.1 If the supplier requests it The Group Leader will be 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 Booking reservation form. The Damage Deposit can be taken via pre-authorisation from a credit or debit card or by bank transfer. Cheques will not be acceptable. In most cases the Damage Deposit will be paid directly to the Supplier.

3.2 If the Damage Deposit is authorised using a credit or debit, it will automatically be released from the card within fourteen days of the end of the Holiday unless specifically requested by the Group Leader to be released sooner but no less than seven days after the end of the holiday. Any release of the Damage Deposit by whatever means is subject to the conditions in Clause 3 of this agreement.

3.3 Please note the Agent will segregate all Damage Deposits made by bank transfer into a separate bank account with the Agent’s bankers. Return of the Damage Deposit by telegraphic transfer or other bank channel will incur the relevant bank’s standard fees which will be deducted from the amount returned.

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 to the Accommodation or other relevant breach of these T&C’s howsoever caused.

3.5 Any loss or damage wherever 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 and/or land, gardens, decks, external areas of the property must be paid in full including a charge for the Agent’s time to rectify any issues which will be charged at £50.00 per hour with a minimum charge of £100.00 for each damaged item or property. Such costs will be deducted from the Damage Deposit. If the Damage Deposit is insufficient to cover supply, repair, replacement or other costs including the cost of the Agent’s time then the Group Leader and all members of the Group save for minors will be held jointly and severally liable to pay the Agent the shortfall.

3.6 Please note that the Supplier will make clear which linen is to be used for the hot tub, swimming pools or outside of the Accommodation if the Accommodation provider makes available specific linen for these purposes. 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 £50.00 per hour, with a minimum charge of £50.00. Such costs will be deducted from the Damage Deposit held.

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 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 £50.00 for the Agent’s time. However if this hinders 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 or the Accommodation provider 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 £30.00 per hour 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 £30.00 per hour with a minimum charge of £30.00 and will automatically be deducted from the Damage Deposit.

4 Noise and Nuisance

4.1 Unless otherwise agreed in writing loud music and parties are not permitted in, outside of or within the common areas of the Accommodation. In particular if the Group is making an unacceptable level of noise, defined as either an intermittent or sustained level above 60dB after 22:00hrs local residents and/or neighbours have the right to telephone the local police. In some circumstances where for example there is an elderly neighbour, young children or other specific circumstance where sensitivity to noise is greater than usual, provided that the Group Leader has been informed there may be lower limits applied. If these are not respected by the Group then termination of the Holiday at the discretion of the Agent may ensue if two warnings are given to the party at any time. After two verbal warnings, the Agent and/or the Supplier have individually or jointly the right to terminate the holiday without further notice and require the group to leave within 2 hours of formal notice being given in writing. There will be no refund of the booking amount, extras or any other related supplies in such circumstances. In the event the holiday is terminated under this clause Group Leader and the Group accept that no liability whatsoever for any losses incurred by the early termination of the holiday are responsibility of the Agent or the Supplier. This applies to flights, airport transfers, unused lift passes or other reservations, meals, insurance policies, equipment hire or any other costs incurred as part of or in conjunction with the intended holiday.

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, danger of injury to themselves or others 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 £30.00 per hour, with a minimum charge of £50.00 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.

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 14 (FOURTEEN) business 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 Access to the Accommodation and other Services

5.1 The Agent and/or Supplier will endeavour to make arrangements or to meet the Group Leader at the Accommodation on arrival or according to pre-arrival information provided to the Group Leader. Normal check-in time is from 16:00hrs to 21:00hrs and check-out is by 10:00hrs. Alternative arrival and departure times must be agreed with the Agent and booked in advance with the Accommodation provider.

5.2 Any arrival after 21:00hrs may be subject to a £50.00 late check-in fee or £75.00 late check-in fee if arriving after midnight which must be paid on arrival at the Accommodation unless otherwise agreed.

5.3 Should the Accommodation not be vacated at or before the agreed time (referring to Clause 5.1 and 5.2) an additional charge may be made to the Group Leader of £50.00 per hour with a minimum charge of £100.00 for late departures.

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 or stated in the Agent’s correspondence or other communication with the Group, irrespective of the number of beds available at the Accommodation. The number of persons is stated on the reservation form and this is the maximum allowed within the agreed booking.

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 and possible termination of the booking at the Agent’s and/or the Suppliers discretion. 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) have 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 if possible. 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 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 Accuracy of information

7.1 All photography, descriptions and information on the relevant website at the time of making the Booking are the most current details that the Agent has available. The Agent accepts no liability or responsibility for any errors, misdescription and/or ommission contained within the Companies’ websites and or any other written or oral communication athough the Agent makes all reasonable efforts to confirm the accuracy of any information provided to clients. If in the Agent’s opinion descriptions and/or other information provided is deemed for any reason to need attention 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 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 £30.00 payable by the Accommodation provider.

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 £30.00 per day 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 Refunds and Cancellations by the Group Leader and any member of the Party

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. Any refund or cancellation will always be subject to an administration fee of up to 10% of the booking amount.

9.2 If you are forced to return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we cannot refund the cost of any services you have not used and we will not offer you any refund for that part of your holiday not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.

 

9.3 If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 28 days before departure and you pay an amendment fee of £60 per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out will apply in to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services or any other type of no show.

 

9.3 If you or any other member of your party decides to cancel any part of or your entire confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. Email is acceptable method of notice in writing, however we would recommend the use of ‘read receipts’ where possible. Where you choose to correspond with us by email, you accept that our responses and all future correspondence shall also be by email. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling:

 

Period before departure date:                              Charge:

 

Over 8 weeks:                                                      Booking Deposit paid (in addition to Clause 9.1)

5 to 8 weeks:                                                       50% of holiday cost

Less than 5 weeks:                                              100% of holiday cost

 

Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above. Refunds are only possible if the Company is reimbursed by the accommodation or other supplier having been paid in advance by us on your behalf. In such circumstances we are not liable for paying or obtaining your refund despite making best efforts and you will have to approach the respective provider(s) in order to obtain any refund.

9.4 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. The Group Leader is liable to pay any outstanding money due to the Company in respect of any bookings however when a booking is cancelled by the Group Leader the Company may be able to refund booking amounts.

9.5 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 or any member(s) of the Group need to cancel their Holiday.

10 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 reasonable 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:

  1. a) endeavour to make alternative arrangements for Accommodation of the same value if available. Alternatively if the Group Leader prefers;
  2. b) offer a full refund of any monies paid in respect of the Accommodation and Services paid for ONLY if the Agent is still in possession of the money paid in respect of the Holiday and other supplies. If the Agent has already paid the Supplier for any element of the holiday or supplies then the Agent is not liable and the Group Leader must approach the Holiday provider for any and all elements of the holiday that has not been delivered or has been terminated. No other contingent liabilities will be the responsibility of the Agent.

10.2 In the event that no alternative arrangements for Accommodation of the same value can be offered or paid for by the Agent, 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 provided that a refund is obtained from the Holiday supplier.

11 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 or at any time during the holiday period when the property is vacant. 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 fourteen 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 local relevant police authority 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 business days of notification of the costs.

12 Insurance

12.1 It is the responsibility of 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 Force Majeure

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

  1. 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;
  2. b) any cancellation, loss, delay or costs wherever 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;
  3. c) Limitations imposed by resort authorities, ski-lifts, ski school or ski hire operators;
  4. 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 wherever 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 No smoking

14.1 For safety and insurance purposes the Agent has a no-smoking policy in all our Accommodation and the Group Leader shall notify each and every member of the Group of the same. Any breach of this clause will incur an immediate fee of £100.00 payable prior to departure.

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 £30.00 per hour, with a minimum charge of £30.00. Such costs will be deducted from the Damage Deposit held. This is in addition to clause 14.1.

15 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 £50.00 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 if a pet is found to be in the Accommodation at any time.

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

16 Children, special needs and other requirements

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’S a minor is any person under the age of 18.

16.2 Minors may not be left unaccompanied in the Accommodation at any time. If it becomes apparent that a minor(s) are without adult supervision the Agent reserves the right to appoint an appropriate adult to remain in situ until adult members of the party return. This will incur a fee of £100.00 per hour or part hour payable by the Group Leader at the time.

16.3 Use of dangerous or potentially dangerous equipment, systems or facilities relating to the Accommodation or nearby must not be made by minors without adult supervision. Any accidents or injuries in any such case will be solely the liability of the Group Leader and the Group and cannot be apportioned to the Agent or the Accommodation provider.

16.3 The Group Leader must inform the Agent in advance of making the booking of any special needs, mobility requirements, dietary restrictions, religious or spiritual preferences and any other potential areas that might at any level raise cause for concern and attention by the Agent or the Accommodation provider. The Agent and Accommodation provider cannot be held liable in the case of unforeseen events without prior notice being provided before booking the holiday.

17 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’S, 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 info@chamonixskichalets.com or by telephoning +44 (0) 845 460 0606 within seven 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’S shall always be limited as a maximum to the price of the Accommodation and/or any Services booked as stated in the Booking confirmation.

19 General

19.1 For the avoidance of doubt in the event of any conflict or omission between the provisions of these T&C’s with the terms and conditions of the holiday supplier the provisions of these T&C’s will 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’S of this Contract shall be deemed by a Court of competent jurisdiction to be invalid or void, then the remaining T&C’S shall remain in full force and effect and any substituted T&C’S 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 severally.

19.5 These T&C’S and any proceedings thereunder is governed by the laws of England and subject to the exclusive Jurisdiction of the Courts of England.

AD & Co. Limited, 56 Warwick Square, London, SW1V 2AJ

UK Company Registration Number: 06218322   VAT no. GB194905669

01/11/2017

 

 

Where possible The Company will endeavour to refund the maximum amount possible and reasonable with respect to cancellations and/or no shows however the Client must understand that this may not always be possible.