Booking and Introducer Terms & Conditions
Please Note: We act in the following capacities, as principal in the sale of accommodation only and additional local services and as introducer of partner accommodation.
Our obligations to you will therefore differ depending upon whether you book accommodation only and additional local services where we act as principal or as an introducer where we help you arrange accommodation and in some circumstances additional services sold by a third party supplier (“Supplier/Principal”). Our differing obligations are set out below, in the following separate sections:
(A) Section A contains the conditions that will apply to all bookings or enquiries for any services you make with us;
(B) Section B contains the conditions that will apply when you make an accommodation only booking with us or a booking for any local services, where we act as principal;
(C) Section C contains the conditions that will apply to situations where we act as an introducer.
SECTION A – APPLICABLE TO ALL BOOKINGS
We endeavour to ensure that all the information both on our website and in any advertising material that we publish are accurate, however, occasionally changes and errors occur and we reserve the right to correct details in such circumstances. You must check all other details relating to the travel arrangements that you wish to book before you make your booking.
We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen travel arrangements at the time of booking.
1.3 Events Beyond Our Control
Except where otherwise expressly stated in these Booking Terms & Conditions we (or the Supplier/Principal, where we are acting as introducer) will not be liable or pay you compensation if our contractual obligations to you are affected by Events Beyond Our Control. For the purpose of these Booking Conditions, this means any event beyond our, the Supplier/Principal or our/their supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, epidemics, pandemics and significant risks to human health such as the outbreak of serious disease at the travel destination (including the ongoing effects of Covid-19) or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including any port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events our or the supplier(s) concerned’s control.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports etc. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our or the Supplier/Principal’s control, any such changes would be treated as Events Beyond Our Control, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we or the Supplier/Principal will not be liable to pay you any compensation.
1.4 Special Requests
Any special requests must be advised to us (or the Supplier/Principal where we act as introducer) at the time of booking e.g. diet, room location, a particular facility at a property etc. You should then confirm your requests in writing. Whilst every effort will be made by us (or the Supplier/Principal) to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part (or the Supplier/Principal) unless the request has been specifically confirmed by us or the Supplier/Principal. We do not accept bookings that are conditional upon any special request being met.
1.5 Disabilities and Medical Problems
We are not a specialist disabled holiday company but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your trip, please provide us (or the Supplier/Principal where we are acting as introducer) with full details before your booking is confirmed so that we can try to advise you as to the suitability of your chosen travel arrangements. We or the Supplier/Principal may require you to produce a doctor’s certificate certifying that you are fit to participate in your chosen activity. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
Adequate travel insurance is a condition of your contract with us or the Supplier/Principal. You must be satisfied that your insurance fully covers emergency medical expenses such as mountain rescue, repatriation and pre-existing medical conditions, as well as cancellation or curtailment of your trip, accidental damage to the chalet and its contents caused by your or your parties negligence, as well as any winter sports activities you are likely to participate in. Your insurance policy must also include provisions relating to the Coronavirus disease pandemic (COVID-19), covering you for situations including but not limited to, where you have been diagnosed with COVID-19 before departure and are no longer able to travel, where you have been in contact with someone that has been diagnosed with COVID-19 and are required to self-isolate so you are no longer able to travel, where you have been diagnosed or otherwise been in contact with someone who has been diagnosed during your stay with us then your policy should cover you for repatriation where necessary, emergency medical expenses abroad and additional costs of accommodation and/or transport if you need to self-isolate. If you choose to travel without adequate insurance cover, neither we nor the Supplier/Principal will be liable for any losses howsoever arising, for those who are not covered.
Please note that unless there are visible signs of a break in, insurance companies will not cover any claims of theft. For your security, please ensure doors and windows are left closed and locked.
1.7 Your Responsibilities
All guests must undertake to behave in such a manner as not to disrupt or prejudice the reputation of Alp Leisure Ltd, or the Supplier/Principal (where we actas introducer), with the owners of its properties, local residents or its staff. The stay of any guest or party in breach of this clause may be terminated immediately and without compensation, and Alp Leisure Ltd (or the Supplier/Principal where we act as introducer) will have no further liability and you and/or your party will required to leave your accommodation immediately. Any other services you have booked may also be cancelled immediately. Neither we nor the Supplier/Principal will have any further obligations to you and/or your party. No refunds for lost accommodation or any other services will be made and we will not pay any expenses or costs incurred as a result of termination.
Guests staying in our properties with facilities such as Jacuzzis, saunas or swimming pools use them at their own risk and Alp Leisure Ltd accept no responsibility for any accidents or injuries whilst using these facilities. You must accept full responsibility if disarming any properties with alarms/pool alarms/unlocking secure areas or if leaving the property unlocked/unsecure at any time. Neither we nor the Supplier/Principal can be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
Nothing in these Booking Terms & Conditions limits any liability which cannot be excluded or limited under applicable law, including liability for fraud or misrepresentation or for any death or personal injury suffered by you due to our, our employees or our supplier’s negligence. If any provision or part provision of these Booking Terms & Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed deleted but that shall not affect the validity and enforceability of the rest of these Booking Terms & Conditions.
SECTION B – ACCOMMODATION AND LOCAL SERVICES, PRINCIPAL BOOKINGS
This section applies to all single service bookings that you make with us when we are acting in a principal capacity. A Single Service is where you only have one booking for one single element, for example an accommodation only booking or a booking for an additional local service. Please read this section in conjunction with Section A of these Booking Terms & Conditions.
By making a booking, the party leader agrees on behalf of all persons detailed on the booking that:
a. they have read these Booking Terms & Conditions and have the authority to and does agree to be bound by them;
c. they are over 18 years of age and where placing an order for services with age restrictions declares that they and all members of their party are of the appropriate age to purchase those services;
d. they accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
We make every effort to ensure that your stay with us runs smoothly so it important to us that we are given the opportunity to resolve any issues that you may encounter during your stay, this means addressing any issues immediately and carefully so they do not affect the rest of your trip. If you do have a problem during your stay, please first inform the Chalet Manager immediately who will endeavour to put things right.
If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at email@example.com, ideally within 28 days of the end of your stay, giving your booking reference and all other relevant information. Failure to follow the procedure set out in this clause may affect ours and the applicable owner’s ability to investigate your complaint, and will affect your rights under this contract.
You can access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
2.2 Your Responsibilities
As party leader you are deemed to accept full responsibility for all members of your party. At the time of booking we will take your credit card details and you authorise the use of this card for any sums that become owing to us in the event of damage/loss/breakages to the structure or contents of the property or outstanding items/services requested by you and purchased on your behalf. No booking shall be treated as confirmed until the details of the ‘security credit card’ described in this paragraph have been provided. Any damage or breakages caused by neglect or misuse during your stay will be charged to you and must be settled in full before departure (copies of receipts can be provided). In cases where a quotation for repair or replacement must be obtained, we reserve the right to add €3000 to your end of week invoice and once the quotation is received, will return any outstanding monies.
2.3 Changes and Cancellation by Us
We reserve the right in any circumstances to cancel your booking, however, we would endeavour not to cancel less than 8 weeks before your arrival date unless for Events Beyond Our Control (see clause 1.3) or failure on your part to pay the final balance. In circumstances where we are unable to provide the accommodation booked, we will return to you all monies paid or offer you an alternative holiday of comparable standard. Very rarely, we may be forced by Events Beyond Our Control to change or cancel your booking after departure. If this situation does occur, we will endeavor to refund you if the resort is closed and you choose to depart from your accommodation but will be unable to pay you compensation or meet any costs or expenses you incur as a result. If you choose to stay in your accommodation then you will be liable to pay the rent and any local services, such as those mentioned in clauses 2.12 – 2.18, will be charged on a pro-rata basis dependent on your usage.
2.4 Our Responsibilities for your Single Service Booking
(1) Subject to the remainder of this clause, we have a duty to either select the suppliers of the services that make up your booking with reasonable skill and care (where we use the services of third party suppliers), or to provide the services you have booked with reasonable skill and care (where we are performing those services). We have no liability to you except in cases where it is proved that we have breached that duty and damage to you has been caused.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
a) the act(s) and/or omission(s) of the person(s) affected; or
b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
c) unusual or unforeseeable circumstances beyond ours or the owner(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
d) an event that either ourselves or the property owners, could not, even with all due care, have foreseen or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is the total price paid for the accommodation. The maximum will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) availability must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note. We cannot accept any liability for any damage, loss of expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you: or (b) relate to any business: or (c) is an indirect or consequential loss of any kind.
(7) We will not accept responsibility for the services of facilities which do not form part of our agreement or where they are not advertised on our website. For example any excursion you book whilst away, or any service or facility which your accommodation or any other supplier agrees to provide for you.
2.5 Personal Injury
If any client suffers death, illness or injury whilst overseas arising out of activity which does not form part of our agreement with you, we shall at our discretion offer advice, guidance and assistance to help you in resolving any claim you may have against a third party, provided we are advised of the incident within 90 days of the occurrence. Where legal action is contemplated our authority must be obtained prior to commencement of proceedings and be subject to your undertaking to assign any cost recovered or any benefits received under an appropriate insurance policy to ourselves. Our costs in respect to the above on behalf of you and your party shall not exceed £5000.
We offer three types of accommodation:
· Chalet “Tout Compris” which is fully serviced by Alp Leisure staff and the price includes food and beverage
· Chalet “A la Carte” which is fully serviced by Alp Leisure staff but food and beverage is not included in the price
· Chalet “Ultimate a la Carte” which is self-catered and therefore is not serviced and includes no food and beverage
Local services are available to book with us in accordance with these Booking Conditions.
To reserve your accommodation you must complete a Booking Form accepting, on behalf of your party, these Booking Conditions and pay a deposit of 30% of the full price of the accommodation. If you are booking within 8 weeks of the arrival date, the balance in full must be settled upon booking. A contract will exist when we issue our confirmation either directly or on behalf of the Supplier/Principal (where we are acting as introducer) and receipt of deposit/balance in full. Alp Leisure reserves the right to take a €3000 refundable security bond in certain circumstances, where we require this security bond, it shall be paid in advance by bank transfer.
The balance of the price of your holiday must be paid at least 8 weeks before your arrival date. If the balance is not paid by then we reserve the right to cancel your holiday and retain your deposit.
2.8 Payment for Accommodation Rental
Your deposit and final balance may be paid by Euro bank transfer to our French account or Sterling bank transfer to our UK account, to be converted to the Euro equivalent using the XE inter-bank exchange rate on the day the payment is due. This amount is entered on your booking form for your deposit and communicated to you when we ask for your balance. Please note that the quoted exchange rate will be valid for a maximum of 3 working days whilst we wait for your payment to arrive. For payments received after this, we reserve the right to apply the exchange rate on the day we receive the funds and any depreciation will be taken into account when you settle your final balance or end of stay invoice. When paying by bank transfer all commissions and bank charges are to be covered by the sender of funds and any outstanding differences will be added to your balance.
2.9 Accommodation Owners Conditions
Many of the accommodation we offer are provided by independent property owners. Those property owners provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the owner’s liability to you, usually in accordance with applicable International Conventions. In accordance with French law, smoking is strictly forbidden within our properties. Pets are not allowed in any of the properties unless agreed and confirmed at time of booking. The number of guests in each property must not exceed the maximum as quoted on our website. Persons aged 16 and above are classed as adults. Children must be supervised at all times whilst using any facilities including, but not limited to, Jacuzzis, swimming pools and saunas. Diving is prohibited in our swimming pools. Outdoor shoes and ski boots must not be worn inside the chalets.
2.10 Changes to the Booking of Your Accommodation by You
If you wish to change any part of your booking after our confirmation has been issued, you must inform us in writing as soon as possible. This should be done by the Party Leader. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you.
Note: Certain single service arrangements may not be changeable after confirmation and any alteration may result in a cancellation charge of 100%.
2.11 Cancellation of Accommodation by You
You or a member of your party may cancel your accommodation at any time provided that the cancellation is made by the person signing the booking form and is communicated to us in writing. Your notice of cancellation will only take effect when it is received in writing by us via email and will be effective from the date on which we receive it. If you cancel more than 8 weeks before your arrival date we will retain your deposit. For cancellations within 8 weeks of your arrival date you must pay the balance in full. We will do our utmost to re-let your week(s) and, if successful, will return to you all monies paid providing we have received full rental price for the week(s). Please note in all cases we will retain an admin fee of €500 per week. Should one or more member of your party cancel, it may increase the per person price for payment of the accommodation and you will be liable to pay this increase.
Note: Certain single service arrangements may not be changeable after they have been confirmed and any cancellation could incur a cancellation charge of up to 100% of that part of the arrangement in addition to the charges above.
LOCAL SERVICES BOOKINGS
2.12 End of Stay Invoice
During your stay, any items not included in your accommodation and/or services arranged on your behalf, will be added to your end of stay invoice including but not limited to; airport transfers, ski passes, ski hire, food and drink (for those choosing our A La Carte service), private nannies, massage and beauty treatments etc. This invoice, presented to you at the end of your holiday (or the end of each week if you are staying longer), must be settled in full prior to departure and may be paid in any of the following ways; Visa or MasterCard (the amount debited will be in Euros) . Please note we do not accept Sterling payment for the settlement of your end of stay invoice.
Although we do everything in our power to ensure your end of stay invoice is correct, in the circumstance that Alp Leisure Ltd receives bills on your behalf which have not been added to your end of stay invoice, we reserve the right, within 45 days of your departure, to invoice you for these costs. After this period your account will be closed and any outstanding cost would be accepted by us.
The below services are available to be booked and purchased on an individual basis and are either provided directly by Alp Leisure Ltd (including such items as food and drink), or they are provided by a supplier of Alp Leisure Ltd and are over and above the chalet or villa rental. Certain items are pre-reserved on your behalf.
2.14 Airport Transfers
Alp Leisure Ltd recommends a variety of Airport Transport Companies for reservations and can assist with booking when required. All bookings are subject to the terms and conditions of each individual carriage company.
2.15 ‘In Resort’ Chauffeur Service
This service is included if you have booked Chalet “Tout Compris” or “A La Carte” but is not included with a “Ultimate A la Carte Self-Catered” Chalet booking. This service is provided for the exclusive use of Alp Leisure Ltd guests only. For reservations made in advance, our aim is to meet you at the pre-agreed time and we will do everything in our power to comply with the above guidelines. However, due to traffic and road conditions and circumstances beyond our control, we cannot be held responsible for delays or consequences thereof. All reservations must be made with the chalet manager each day in advance. For all bookings our chauffeurs will wait for a maximum of 15 minutes beyond the agreed pick up time. Children under the age of 12 must be accompanied by an adult.
2.16 Massage & Beauty Therapy
We use local suppliers to come to the chalet for in-house massage and beauty treatments. Treatments may be booked in advance with our customer services manager or in resort on a first come-first served basis. Please note 48 hours’ notice of cancellation is required or treatments may be charged in full. All therapists are fully qualified and insured.
2.17 Childcare & Nannies
If we book a private nanny on your behalf, the nanny/child ratio is for your children’s safety and enjoyment, please take this into account when booking. For children aged 6 months to 4 years the minimum ratio is 1 nanny for 2 children. For children aged 5 years and over the ratio is 1 nanny for 4 children. We do not accept liability if these ratios are not adhered to.
2.18 Ski Guides/Instructors
Guides des Hautes Montagnes and private ski instructors will work with up to 7 people in a group provided that all members are of a similar standard. Please note that to ski with a Guide de Haut Montagne you must be confident skiing off-piste. We cannot be held responsible for the overstating of skiing level and thus any consequent booking cancellations.
2.19 Changes of Local Services by You
If you wish to change any of the services you have booked after these has been confirmed, the Party Leader must inform us as soon as possible. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested
change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you.
Note: Some of the services may not be changeable after confirmation and any alteration may result in a cancellation charge of 100%.
2.20 Cancellation of Local Services by You
You may cancel a service you have booked any time provided that the cancellation is made by the Party Leader and notified to us as soon as possible either in resort or in writing. As many of the local services we sell to you are provided by independent suppliers, they provide these services in accordance with their own terms and conditions which will form part of your contract with us. We will inform you of the cancellation charges and other relevant terms of the supplier before you book with us.
Note: Certain services may not be cancelled after they have been confirmed and any cancellation could incur a cancellation charge of up to 100% of that part of the arrangement.
SECTION C – BOOKINGS WHERE WE ACT AS INTRODUCER
This section applies to bookings we make for you when acting as an introducer. Please read this section in conjunction with Section A of these Booking Terms & Conditions.
3.1 Your Contract with Supplier/Principal
Where we act as an introducer, we will introduce you to the Supplier/Principal of the accommodation and/or we may arrange the services of a third party supplier e.g. ski school. In these circumstances, we will arrange for you to enter into a contract with the applicable Supplier/Principal of your chosen services and/or accommodation. As introducer, we have no involvement in, nor control over any of the services that are provided by the Supplier/Principal and therefore, it is the Supplier/Principal that are responsible for providing any services and we accept no responsibility for the acts or omissions of the supplier. The Supplier/Principal’s Terms and Conditions will apply to your booking and we advise that you read these carefully as they do contain important information about your booking.
3.2 Booking and Confirmation
For accommodation, the Supplier/Principal may require a deposit to confirm the booking or full payment from you if you are booking with them close to your arrival date. For pre-reserved services the Supplier/Principal may require you to pay in full in advance of your reservation – an example of this would be certain ski schools and nanny companies in the area. The Supplier/Principal may request pre-payment or payment may be settled at the end of your stay and the Supplier/Principal will notify you of their own payment terms.
3.3 Cancellation and Changes by You
Cancellation or amendment of any services where we act as Introducer must be made directly with the Supplier/Principal in accordance with their Terms and Conditions.
3.4 Our Responsibility for you Booking
If you decide the make a booking of accommodation or other travel services, this will be done directly with the applicable Supplier/Principal and your contract is with them and their Terms and Conditions apply. As introducer, we accept no responsibility for the actual provision of the travel arrangements or the accommodation. Our responsibilities are limited to introducing you to the relevant Supplier/Principal. We accept no responsibility for any information about the travel arrangements/accommodation that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to 10% of the cost of the booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
Because the contract for your travel arrangements/accommodation is between you and the Supplier/Principal, any queries or concerns about your travel arrangements should be addressed to them. If you have a problem with your travel arrangements/accommodation whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. If you wish to complain when you return home, write to the Supplier/Principal.