BOOKING TERMS AND CONDITIONS – 2019/20
1. YOUR CONTRACT
Your contract is with S.A.R.L. Famille Sinclair, “The Company”, a company registered in France. (Please contact us for more details)
All business between The Company and its guests is subject to the following terms and conditions :-
2. YOUR CHALET HOLIDAY
- Sole booking of Chalet Caro “The Chalet”, which is an 8 person chalet, with 4 double bedrooms each of which sleeps 2 people in either a double bed or 2 single beds.
- Each of the bedrooms has en suite facilities, 3 with showers and one with free standing bath
- Chalet Host to look after you during your stay.
- Daily cleaning (1 hour a day) and continental breakfast on 6 days of the week.
- Welcome pack of holiday essentials at the beginning of your stay
- Free wifi throughout the chalet
- Free parking for up to 2 guest cars
b) Can be booked at extra cost “Holiday Extras” (Subject to Availability)
- Transfers to and from the airports
- In resort taxi service
- Afternoon tea with homemade cake or biscuits
- Evening meal either delivered to the chalet preprepared, or private hire of chef
- Lift pass pre-ordering service
- Ski equipment hire
- Ski lessons
- Private ski guides, heli-skiing and various other activities
- Beauty treatments, massage and physiotherapy
- Pre arrival shopping
- Extra hours cleaning
c) Does not include
- Insurance (please ensure that all travellers have adequate travel and winter sports insurance AT THE TIME OF BOOKING)
- The sale or supply of alcohol
- Any cooked meals other than those “Holiday Extras” paid for at additional cost.
3. BOOKING YOUR HOLIDAY
a) All chalet accommodation is offered subject to availability.
b) The person making the booking must be over the age of 18 years at the time of submitting the booking and authorised to make the booking in accordance with these terms and conditions on behalf of all members of chalet party. By submitting the booking form you warrant as party leader that you have that authority, and confirm the agreement of all members of the chalet party to be bound by these booking terms and conditions. This warranty extends to any persons you may add to the booking subsequently. The party leader is responsible for the total chalet price and any additional charges and for making all payments due to us.
c) To secure your booking, you should
- complete and sign the Chalet Caro booking form and email it to the company at the address provided on the form , (or if booking via an agent you should follow their booking procedure / complete their online booking process) and
- you should make payment of the appropriate deposit, as shown on the Booking Form (or agents booking platform), or full balance if you are booking within 10 weeks of arrival.
d) Your booking is accepted by the Company and becomes confirmed when, and not before, the Company issues a Confirmation Invoice. Receipt of the deposit by us does not imply confirmation.
e) We reserve the right to refuse any booking without giving a reason for the refusal and the Company will return any deposit received to its sender.
f) Please check your Confirmation Invoice carefully and inform us immediately if there are any discrepancies. We cannot be liable for any errors or omissions. If we are not informed within 48 hours the party leader guarantees payment to us of the total amount shown on the Confirmation Invoice, in accordance with these Booking Conditions.
g) If you arrange your booking directly with The Company, all correspondence and other communications will be sent to the address provided on the booking form unless you specify otherwise. If you request correspondence through a business address, a residential address will also be required for emergency and security reasons.
h) If your booking is made through a travel/booking agent “the booking agent”, the Company will address all communications to that booking agent. All money paid by you to the booking agent under or in contemplation of this contract will be held by the booking agent on your behalf until the company issues a Confirmation Invoice and thereafter on behalf of the Company. All communications will be via the booking agent, or their booking platform
i) Special requests should be indicated on the Booking Form or made in writing. We will try to accommodate these, but cannot guarantee that they will be, nor will The Company be liable if any special request is not met.
j) The balance of the invoice is due (in cleared funds) ) by no later than 10 weeks prior to your scheduled arrival date “arrival”. For any late payment we reserve the right to make a penalty charge of €200 or to cancel your booking and to retain the deposit as our cancellation charge.
k) Please see supplementary booking form in relation to airport transfers and other Holiday Extras.
4. PACKAGE HOLIDAY REGULATIONS
The Company is not an “Organiser” as defined by the Package Holiday Regulations act 1992 and does not accept liability under these regulations or otherwise for the provision of services provided by third parties, whether or not booked by us on behalf of any member of the chalet party.
5. SERVICES PROVIDED BY THIRD PARTIES
a) Services provided by third parties, whether or not booked by us on your behalf, are subject to the terms and conditions of the provider of those services. We are not a party to the contract for such services, and whether or not we recommend the service provider we do not warrant the standard or performance of those services or their suitability, the fitness for purpose of any equipment used or provided, any training or guidance given, or compliance with any applicable law or regulation or any other feature of such other service (each of the foregoing a “service feature”), and we shall have no liability whatsoever to you for such other services.
b) Whether or not booked by us on your behalf you must take full responsibility for satisfying yourself in advance as to any service feature and as to the service provider’s qualifications and ability to provide such services. You must address any grievance about Third Party Services directly to the relevant service provider.
c) Any such Holiday Extras would be taken at your own option and will be separately priced, and in every case may be taken or cancelled without affecting the provision of the chalet accommodation
6. AMENDMENTS & CANCELLATION
a) Amendments by You
The Company will make every effort to assist if you wish to alter your arrangements, but can not guarantee to do so. Requests for an amendment must be in writing, and signed by the Party Leader.
In the event of an amendment you will be required to pay any additional costs arising from the alteration, all expenses arising from it, and an administration fee of €25 per person per alteration.
You may transfer your booking to a person acceptable to the Company provided that:
i) you request the transfer in writing at least 21 days before arrival;
ii) your request is accompanied by
- any tickets or vouchers already received from the Company,
- full details of the person who will replace you,
- any balance outstanding for the booking and the appropriate administration fee;
iii) your replacement agrees to be bound by these booking conditions.
If you have booked any Holiday Extras they may only be transferred at the discretion of the supplier concerned
b) Cancellation by You
All cancellations must be advised in writing, signed by the Party Leader and sent to The Company at the address on the booking form . We take no responsibility for non-delivery or non-receipt of the notification of cancellation.
Cancellations are effective from the day that they are received by The Company. We will send a confirmation of receipt of cancellation by return.
The following cancellation charges will be payable, from when written advice of cancellation is received by The Company:
Up to 10 weeks prior to arrival – loss of deposit.
Within 10 weeks of arrival – loss of 40% of total invoice.
Within 8 weeks of arrival – loss of 60% of total invoice.
Within 6 weeks of arrival – loss of 80% of total invoice.
Within 4 weeks of arrival – loss of 100% of total invoice.
Cancellation of the chalet accommodation shall not constitute cancellation of other services. If you wish to cancel other services you must do so in accordance with the terms and conditions applicable to those services.
The booking of some Holiday Extras including, but not limited to, airport transfers or equipment hire bookings made with third parties, cannot necessarily be changed after booking and so cancellation could mean automatic 100% loss of this amount.
Non-receipt of the balance of the total chalet price will not be taken as notification of cancellation of the booking and you shall be liable for cancellation charges as detailed above if you subsequently do cancel the booking.
Please note: In all cases, without exception, your booking deposit is non-refundable.
c) Amendments by the Company
Great care is taken to ensure that descriptions, information and prices published are accurate.
i) The Company reserves the right to advise you of changes, including a change of price, before accepting your booking. In very rare circumstances, The Company may have to modify a booking before you arrive.
ii) If the modification is significant The Company will notify you directly, or through your booking agent, as soon as possible and offer you the choice of alternative arrangements, or a refund of all money paid.
iii) Compensation will not be paid where a major case arises from “force majeure”. This means unusual and unforeseeable circumstances beyond The Company’s control, the consequences of which neither The Company nor its suppliers could avoid even with due care, including, but not limited to, epidemic or outbreak of illness, war, threat of war, riot, civil strife, terrorist activity (actual or threatened), industrial dispute, technical problems with transport, machinery or equipment, power failure, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, level of waters, changes imposed by rescheduling or cancellation of flights or closure and congestion of airports or roads.
iv) If there is a minor modification before you arrive the Company will try to notify you, although it is not obliged to do so, nor is it obliged to pay any compensation.
v) If the Company becomes unable to provide a significant proportion of your holiday after it has commenced, suitable alternative arrangements will be made for you at no extra charge to you or, alternatively you will be given a pro-rata refund for services not received.
d) Cancellation by the Company
If you fail to pay the balance of the holiday price at least 10 weeks (70 days) prior to arrival, the Company will treat your booking as cancelled and levy the charges set out in paragraph 5(b) above. Please refer to 3(f) for late balance payments. If the Company is obliged to cancel your holiday in any other circumstances before arrival, the Company will use its best endeavours to offer alternative arrangements at a comparable standard or will give you a full and prompt refund.
7. PRICING POLICY
a)Prices are inclusive of VAT and tourist tax.
b) The Company reserves the right to
i) notify you of an increase in the advertised price before accepting your booking.
ii) reduce the service outlined in 2a) when the price of the holiday has been reduced. What is included will be confirmed at the time of booking and on your confirmation invoice.
iii) amend the price of the booking after it has been confirmed, but only due to changes beyond our control, such as changes in VAT or other government imposed charges. We will notify you in writing of any such changes as soon as we become aware of them.
c) Surcharges will be notified by a Supplementary Invoice sent to you (or your booking agent). The Company undertakes however, not to levy a surcharge within 10 weeks (70 days) of arrival except if the Company fails to receive the balance of the holiday cost when it falls due. The Company may levy a surcharge up until 5 weeks (35 days) before arrival.
d) If a surcharge would increase the total holiday price shown on your original Confirmation Invoice by 10% or more, you may cancel your booking within 14 days of the date of issue of the Supplementary Invoice and obtain a full refund of all payments made to the Company, except for any amendment charges previously incurred.
e) We do not impose currency surcharges. Once the chalet accommodation has been booked our Euro price will not change as a result of any changes in the value of the Euro..
8. THE RESPONSIBILITIES OF THE COMPANY
The Company supplies all reasonable checks to ensure that those involved in the preparation and provision of your holiday maintain appropriate standards.
The descriptions, information, and opinions given by the Company are based on the latest information available at the time. The Company is unable to accept responsibility for any losses, damages, or delays in relation to any documents in relation to your holiday sent in the post whether by the Company or otherwise.
a) Subject to paragraph 9 below, the Company accepts responsibility if you suffer personal injury, illness or death as a result of an activity which forms part of the holiday you book with the Company.
b) Subject to paragraphs 9 below, in any case other than where you suffer personal injury or death, the Company accepts responsibility if the arrangements which the Company has agreed to provide are not as described by The Company in its sales literature, and are not of a reasonable standard therefore being a deficiency. If there is a deficiency, the Company will, in its absolute discretion, pay you reasonable compensation taking into account your individual circumstances.
c) The Company’s acceptance of liability in paragraphs 8(a) and 8(b) above does not apply where there has been no fault on the part of the Company nor any of its suppliers because the cause of the deficiency or your personal injury, illness or death was your own fault, the action of someone unconnected with the holiday booked with the Company or one which neither the Company nor its suppliers could anticipate or avoid even exercising all due care.
d) Notwithstanding any other provisions of this clause, the Company’s liability and/or the amount of compensation payable by the Company shall be limited to the total invoiced chalet price, detailed on the Confirmation Invoice, for the chalet party member concerned and under no circumstances extends to additional costs incurred in the taking of the holiday such as travel costs or other services.
e) If you suffer personal injury, illness or death or a deficiency in circumstances where the Company is not liable, the Company will nevertheless, only where appropriate and with reasonable discretion, afford initial general assistance to you through its representatives if you are in difficulty and request such assistance.
f) The Company’s acceptance of liability in this clause is conditional upon you assigning to the Company all rights you may have against any third party in any way responsible for personal injury, illness, death, deficiency or difficulty in question and upon you giving your full co-operation to the Company and/or its insurers.
9. YOUR RESPONSIBILITIES (and those of all guests in your group)
a) It is your responsibility to ensure that
i) visas, passports, vaccinations, certificates and other health documents are in order and within the necessary validity period.
ii) all guests have comprehensive Travel Insurance cover for their holiday, including any sports activities that they intend to take part in. This should be taken out at/before the time of booking your holiday in order for cancellation cover to be effective. Please keep these insurance details with you on your holiday.
iii) you have adequate travel arrangements to and from The Chalet
b) By booking a holiday with us you undertake to deport yourself in a safe and orderly fashion and not to disrupt the enjoyment of others on holiday with you nor to prejudice the reputation of the Company or Chalet Caro with others including any third party suppliers involved in the booking.
c) If in our reasonable opinion, that of any member of staff or any other person in authority, your behaviour is causing danger, distress or annoyance to others or damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen, we shall not be under any obligation whatsoever to pay refunds, compensation or meet any costs or expenses (including but not limited to alternative accommodation and return transportation arrangements) you may incur as a result of your travel arrangements being terminated. Also, we will be entitled to recover compensation for any damage caused, or claims made by third parties, from the offending party and/or the person who signed the booking form.
d) The accommodation provided is for the use of those persons named on the confirmation invoice and subletting, sharing or assignment is prohibited. If such activity is found to have occurred The Company reserves the right to levy a surcharge and ALL “guests” will be asked to vacate the premises immediately.
e) Any damage or breakages to/in the chalet which are your responsibility must be paid for by you before you vacate the accommodation as dictated by a member of our staff in the UK or France.
f) We do not recommend the chalet for children under the age of 5 years old, due to the steep open tread staircase, and the hot tub on the terrace. It is your responsibility to ensure that children/infants are adequately supervised at all times
g) We are unable to allow pets in any part of the chalet.
h) The chalet is strictly a no smoking chalet and there should be no smoking anywhere on the premises.
i) An automatic fee of €500 will be imposed on all guests if there is any evidence found of smoking or pets anywhere on the premises.
i) Please do not give the door code to anyone other than the guests in your group staying at The Chalet.
ii) Bedrooms do not have keys or external locks, so you should take all the necessary precautions to ensure the security of your belongings. You are advised not to bring valuables to the chalet.
iii) It is your responsibility to ensure that all windows and doors are shut and adequately locked when you leave the chalet at all times.
iv)The Company cannot accept responsibility for the loss of personal ) possessions during your travel period
i) You must take reasonable precautions for your own safety whilst on holiday.
ii) All precautions must be taken in order to prevent fire to/in The Chalet.. Please ensure that the gas hobs are turned off at all times when not in use, and that they are never left unattended when lit, and that no flammable items are put near to the hobs
iii) Please ensure that the log fire is never left unattended when lit, that the glass door is kept shut at all times and that the hot ash bucket is never put on wooden/flammable surfaces.
l) Guests use the chalet and its facilities at their own risk
10. PROBLEMS & COMPLAINTS
a) If you wish to make a complaint please report it immediately to the Company’s local representative and, if relevant, to the supplier whose services are involved, so that the Company will have an opportunity to investigate and correct the matter during the holiday. If you fail to do so, any compensation to which you are entitled may be reduced or forfeited entirely.
b) If the problem cannot be solved locally and you wish to make a formal complaint, full details must be sent in writing within 14 days of departure from the chalet, to the address on your booking form.
c) In case of persistent dispute and for want of an amicable settlement, the dispute will be dealt with by the Tribunal de Commerce (Commerce Court) de Chambéry in France.
11. RESORT VEHICLES
The Company does not operate its own “In Resort Transport Service”, although we can make arrangements for a private taxi or private chauffeur service to be provided at an additional cost.
Meribel has an excellent public ski bus system. This service is a gratuitous service. There are also several private taxi companies that operate in the resort.
Guests use these services at their own risk, and their contracts are with the relevant providers of such services.
The Company cannot guarantee the availability or quality of any of these “In Resort Transport Services”.
12. HOT TUB, WIFI AND TV
a) Please note safety is of the utmost importance: Hot Tubs can be dangerous if used without due care and attention.
b) Children under the age of 16 years must have adult supervision at all times when using the Hot Tub.
c) All persons using the Hot Tub do so at their own risk.
d) Instructions for the use of the Hot Tub will be displayed in the chalet, and we cannot stress strongly enough the importance of being aware of and abiding by these instructions. In particular,
- We ask all persons to shower before entering the Hot Tub
- Do not to use any shampoos, soaps, or gels in the Hot Tub, since the use of these often cause problems with filtration and water purity and often results in closure of the Hot Tub for deep cleaning and maintenance.
- Drinking of alcohol is not recommended when using the Hot Tub
- The use of any glass or china in or near the Hot Tub is forbidden.
- Surfaces surrounding the Hot Tub can become very slippery, especially in icy conditions, so every care should be taken on these outside surfaces.
- The hot tub is not to be used between the hours of 8pm and 10am
- Please remember to replace the lid on the hot tub whenever not in use
- We can not guarantee the temperature of the water in the hot tub
e) The Hot Tub is often deep cleaned on arrival and departure days and so may not be available for use on such days.
f) Hot Tubs have many pumps, motors, blowers, and filtration equipment and from time to time any of these components can fail, thereby resulting in the closure of a Hot Tub. Such events are by definition outside our control and whilst we will use our best endeavours to bring the Hot Tub back into service as quickly as possible, it is sometimes impossible to get service immediately. In this situation we will not be liable to pay any compensation due to any Hot Tub being out of service.
g) Wifi in the mountains can be unreliable, especially under the strains of multiple connections in a chalet. We ask guests to help each other by avoiding data-hungry web use. Whilst we will do our best to bring any internet connection back into service as quickly as possible, we cannot guarantee that this will be possible, and we will not be liable to pay any compensation due to any Wifi connection going or being out of service.
h) Please note that whilst we make every endeavour to ensure that the chalet has an adequate television service, we can not guarantee that such services will be available at all times, as components can fail and sometimes the satellite can be temperamental. In this situation we will not be liable to pay any compensation due to any TV service being unavailable.
i) Please do not change the settings on any of the chalet equipment (eg Google Home, TV or wifi). An automatic fee of €500 will be imposed on all guests if there is any evidence found of any settings having been altered.
13. OUTDOOR SHOES AND SKI BOOTS
Please do not take outdoor shoes and boots beyond the entrance or boot room.
We ask guests to remove these before entering the chalet, and to leave them in the boot room, to ensure that the stairs and hallways are clean and clear for everyone to use, and to prevent any accidents or damage being caused to the chalet.
We provide slippers for your stay.
14. CHALET SECURITY DEPOSITS
a) The Company reserves the right to
i) take a security deposit to cover any damage caused to Property. You will be liable for any breakages, damage, or deterioration to the Property or adjacent properties during your stay caused by you or any member of the party, or visitors to the property. These costs will be deducted from the security deposit. If the damages are greater than that of the deposit, you will be responsible for these costs. We recommend that you ensure that your insurance policy covers accidental damage to the Property and its contents.
ii) use the Security deposit to pay for any unpaid invoices on behalf of the guests upon departure from the property.
b) The Security Deposit is due two weeks prior to arrival and will be refundable at the latest one month after your departure, less any costs incurred during your stay or cost of damages. You agree to accept full responsibility for the damages caused and the costs incurred unless otherwise agreed in writing. Repayment may be delayed if the costs of any repair have to be determined.
An automatic fee of €500 will be imposed on all guests if there is any damage caused to the chalet or the equipment within it. This is in addition to the cost of repair or replacement
15. DATA PROTECTION
b) We may disclose this information to our service providers, or to companies who act as data processors on our behalf in order to fulfil your booking contract, (who may be located outside the UK /EEA) for the purpose of providing you with your travel and holiday arrangements. Only information necessary for this purpose will be disclosed to them. Some information (e.g. dietary or medical requirements) may be “sensitive personal data” within the meaning of the EU General Data Protection Regulation (GDPR). We need this information to cater for your needs, but it is collected on condition that we have your positive consent, as well as that of the rest of your party.
c) If you do not agree to our use of your information, we cannot accept your booking. By making a booking with us, you agree to allow your insurers, their agents and medical staff to disclose relevant information to us in circumstances where we may need to act in the interests of everyone in the group with whom you are travelling
d) From time to time we may contact you by post or email with information about our services and products. If you do not wish to receive such information, please contact us via the address on your booking form.
e) We are entitled to assume that you do not object to us doing any of these things unless you tell us otherwise in writing.
f) Data protection laws grant you, as a Data Subject, certain ‘information rights’, which are summarised below:
i) Right of access – to obtain a copy of information we hold about you.
ii) Right of rectification or erasure –
- to ask us to correct or rectify any data we hold about you,
- to ask us to erase information about you where you can demonstrate that such data is no longer needed, or if you withdraw the consent upon which our processing is based, or if you feel that we are unlawfully processing your data. Please note that we may be entitled to retain your personal data despite your request, for example if we are under a separate legal obligation to retain it. Your right of rectification and erasure extends to anyone we have disclosed your personal information to and we will take all reasonable steps to inform those with whom we have shared their data about your request for erasure.
iii) Right to restriction of processing – to request that we refrain from processing your data where you contest its accuracy, or the processing is unlawful and you have opposed its erasure, or where we do not need to hold your data any longer but you need us to in order to establish, exercise or defend any legal claims, or we are in dispute about the legality of our processing your personal data.
iv) Right to Portability – to receive any personal data that you have provided to us in order to transfer it onto another data controller where the processing is based on consent and is carried out by automated means. This is called a data portability request.
v) Right to Object – to object to our processing your personal data where the basis of the processing is our legitimate interests including but not limited to direct marketing and profiling.
vi) Right to Withdraw Consent – to withdraw your consent for the processing of your personal data where the processing is based on consent.
vii) Right of Complaint – to lodge a complaint about any aspect of how we are handling your data with the UK Information Commissioner’s Office, which can be contacted at ico.org.uk.
viii) Right to opt-out of marketing communications
16. ACCURACY OF INFORMATION
Our sales information is being constantly updated. Care is taken in the planning and production of this information to give an accurate picture of the holiday you are booking. It has been compiled from up-to-date details at the time. Nevertheless, there may be times when an advertised facility is either modified or not available due to factors beyond our control, eg adverse weather conditions or poor volume of support or other. We therefore reserve the right to alter or vary the content of our sales information at any time
17. SNOW AND WEATHER CONDITIONS
We cannot accept responsibility for the snow or weather conditions experienced during your holiday, or your journey to and from the chalet. Nor do we offer a snow guarantee. Compensation will not be paid for any loss or delay caused as a result of the weather conditions.
18. ARRIVALS AND DEPARTURES
Guests are asked to arrive between 4pm and 10pm on the date of arrival, and to vacate the chalet by 10am on the day of departure so that it can be properly made ready for the arrival of the next guests.
We will make every effort to accommodate any requests for departures and arrivals outside of those times, provided that they are made with enough notice. but no guarantee can be made and no compensation will be paid if this can not be accommodated. A surcharge might have to be charged for any arrivals or departures made outside of these times.