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1.
This agreement
The following booking conditions form the
basis of your Holiday Agreement with SARL Action Mountain.com. They set out our
respective rights and obligations and you should read them carefully before
confirming your booking.
2.
Company details
actionmountain.com
and actionmountain ski and activity holidays are trading
names of SARL Action Mountain.com, registered in France No. 490134228. The
registered address is Chalet Le Pont, Le Bas Thex, 74430 St Jean d'Aulps,
France.
3.
Your Booking
To make your booking, you must complete our online booking form or call us on the
number provided. A booking confirmation letter will then be emailed to the party leader who
thereby agrees to abide by our terms and conditions. The confirmation letter
will include any special arrangements we have agreed to provide and forms part
of your Holiday Agreement. Please check the confirmation letter
carefully as soon as you receive it and raise any queries immediately.
4. Your Agreement
With Us
A binding contract between us comes into existence when we dispatch our
confirmation letter and invoice to you. This contract and all matters arising
out of it are governed by French law. In the unlikely event of any dispute
between us, we both agree this will be dealt with by the courts of France.
5.
Your Payment
The party leader is responsible for all payments due to SARL Action Mountain.com.
A deposit of €150 per person must be made at the time of booking and the
remaining balance must be received by us at least 10 weeks prior to arrival. For
bookings made 10 weeks or less before arrival, full payment is required at the
time of booking. If payment is not
received in full and on time, we reserve the right to cancel your booking and
charge the cancellation charges set out in Condition 7 below. You may pay by
direct bank transfer, Sterling cheque, in cash or by Visa/Mastercard. If any cheque is
returned unpaid, we reserve the right to charge €50 to cover our
administration costs and bank charges.
6. Your Holiday Cost
We reserve the right to increase or decrease the prices of unsold arrangements
at any time before your booking is confirmed. You will be given the correct
current price of your chosen arrangements at the time of booking. Once your
booking has been confirmed, we will guarantee not to surcharge any existing
booked arrangements. This guarantee does not cover changes by you which may add
to the facilities or services you receive and which may involve additional
costs. Costs charged by carriers with whom you have a separate contract - even
if arranged by us - may be subject to surcharges.
7. Your Insurance
You must have full insurance with Wintersports cover for your holiday. We ask
you to provide us with
written details of your insurance policy at the time of final payment. Please ensure you read your insurance policy document as soon as you
receive it and bring it on holiday with you. It is your responsibility to ensure the
insurance cover you purchase
is suitable and adequate for your requirements.
8.
Changes made by you
Should you wish to make any changes to your arrangements after they have been
confirmed, you must advise us in writing. Whilst we will endeavour to help you, we
cannot guarantee we will be able to meet any such requests. In the case of a
change of booking date, we may impose the cancellation charges stated in
Condition 9.
9.
Cancellation made by you
Should you or any member of your party need to cancel your chosen holiday once
it has been confirmed, the person who signed the booking form must immediately
advise us in writing. Cancellation charges will then be payable as set out below
to compensate us for the cost of making your booking and the risk that we may be
unable to re-sell your cancelled booking. These charges are calculated from
the date written notice of the cancellation is received by us as a percentage of
the total price payable and any amendment charges which are non refundable in
the event of your cancellation:
More than 56 days - deposit
56 to 42 days - 30%
41 to 28 days - 50%
28 to 14 days - 75%
Less than 14 days - 100%
Depending on the reason for cancellation,
you may be able to reclaim these cancellation charges (less any applicable
excess) under the terms of your insurance policy.
In the case of booking through a third
party agent, for example SkiLine Ltd, ANY cancellation will be subject to a
maximum refund of 88% to cover our costs.
10.
Changes and Cancellation made by us
Occasionally, it may become necessary for us to make alterations to our website, brochure
and/or other details, both
before and after bookings have been confirmed and we reserve the right do so.
"Significant"
changes could include: a change of accommodation to a lower
standard for the whole or part of your holiday; a change in the
accommodation area for the whole or part of your holiday; or the
withdrawal of a number of our advertised activities for the whole or
a part of your holiday. Most other changes are treated as "minor"
changes.
In extreme circumstances, we
reserve the right to cancel your holiday. We will only do so within 8 weeks of
departure if you have failed to make payment in full and on time or we are
forced to do so as a result of unusual and unforeseeable circumstances beyond
our control. Where your holiday is cancelled other than due to your default in
payment or if we make a significant change to your holiday, we will
advise you as soon as possible and if there is time to do so, offer you the
following choices:
- accepting the changed arrangements as
notified to you.
- purchasing an alternative holiday, of
a comparable standard if available (up to the value of your holiday booked
with us).
- cancelling your holiday and receiving
a full and prompt refund of all monies paid to us.
If a
significant change or cancellation is made by us 8 weeks or less
before departure, we may also pay you
compensation as detailed below subject to the following exceptions:
1.
compensation will not be payable and no liability beyond offering the above
mentioned choices will be accepted where the change is made as a result of
unusual and unforeseeable circumstances beyond our control.
2. where an insufficient number of people
book your chosen holiday and we notify you that we are cancelling for this
reason not less than 4 weeks before departure.
Any liability we have is limited to
offering the above choices and the compensation payments (where applicable) set
out below. Furthermore, no compensation is payable if we notify you of any
change more than 8 weeks before departure and we cannot be responsible
for any costs or expenses you may incur as a result of any change.
Minor changes do not entitle you to cancel or change to another holiday
without paying the normal charges and no compensation will be paid by us.
The compensation per person before
departure for any significant change or cancellation by SARL Action
Mountain.com is:-
More than 56 days - 0
56 to 29 days - €30
28 to 14 days - €50
Less than 14 days - €75
11. Force Majeure
We regret we cannot accept liability or pay any compensation where the
performance or prompt performance of our contractual obligations is prevented or
affected by 'force majeure'. In these booking conditions, 'force majeure' means
any event which we or the supplier of the service(s) in question could not, even
with all due care, foresee or avoid, such as but not limited to war or threat of
war, riots, civil strife, terrorist activity, industrial dispute, natural or
nuclear disaster, adverse weather conditions, fire and all similar events
outside our control.
12. Our liability to you
We accept responsibility for ensuring that all parts of our contract with you
are properly performed subject to the following exceptions. We cannot accept
liability where any failure to perform or improper performance was due to:-
1. the act(s) and/or omission(s) of the person(s) affected or any member(s) of
their party or
2. those of a third party not connected with the provision of your holiday and
which were unforeseeable or unavoidable or
3. an event which either ourselves or the supplier of the services in question
could not have foreseen or forestalled even with all due care.
4. Activities with SARL Action Mountain.com - if you carry out any activities with a
member of SARL Action Mountain.com, its staff or representatives, we
cannot take any responsibility for injuries howsoever caused. At all times
clients must use their own judgements based on their abilities, and all
activities are at their own risk.
In all cases except where personal injury, illness, death, loss and/or damage to
and/or of luggage or personal possessions (including money) results or a lower
limitation applies, our maximum liability is limited to twice the price
(excluding insurance premiums and amendments charges) paid by or on behalf of
the person(s) affected in total. In the case of loss and/or damage to and/or of
luggage or personal possessions (including money), we accept no liability as you are assumed to have taken out adequate insurance at the
time of booking. Where any claim or part of a claim concerns or is based on any
travel arrangements made by us which are provided by any air, sea, rail or road
carrier, or any stay in a hotel, the maximum we will have to pay you in respect
of that claim or part of the claim if we are found liable to you on any basis,
is the maximum which would be payable by the carrier or the hotel keeper
concerned under the applicable international convention (eg Warsaw Convention or
Athens Convention) in that situation. You must give credit for all payments due
or received from any carrier or hotel keeper which in any way relate to the
claim in question. You must also provide ourselves and our insurers with all
assistance required.
13. Complaints
In the event that you have reason to complain whilst on holiday with us, you
should immediately notify a member of staff. By raising complaints early, they
can often be dealt with quickly so the rest of the holiday can continue to your
satisfaction. It is in your best interests to follow this
procedure, but if you choose not to, or you are not satisfied with the way your
complaint has been handled, you have 28 days from the end of the holiday in
which to write to us with full details. For all complaints and claims which do
not involve personal injury, illness or death, we cannot accept liability if you
fail to notify the complaint or claim entirely in accordance with this clause.
14. Conditions of Suppliers.
Please note that all services are provided subject to the conditions of the
relevant supplier. Some of these conditions may limit or exclude the supplier's
liability to you, usually in accordance with the appropriate international
conventions. Copies of the conditions which affect you are available on request.
15. Special Requests
If you have a special request, please clearly note it on your booking form or if
after booking, make it in writing. A special request will only be binding if we
have confirmed in writing that it will be complied with. Therefore, unless we
have agreed in writing to provide such a service or facility, failure to meet
any special request will not be a breach of contract on our part. If we
undertake to pass on requests to suppliers or other service providers (for
instance ski schools or airlines) we cannot guarantee such requests will be met
even if we have confirmed that they have been passed on. If you have any medical
problem or disability which may affect your holiday, you must advise us in
writing at the time of booking giving full details. If we reasonably feel unable
to properly accommodate your particular needs, we must reserve the right to
decline your booking, or cancel it when we find out the full details if you fail
to provide these at the time of booking.
16. Travel Delays
We regret we are not in a position to assist you in the event of delay at your
outward or homeward point of departure. We are not responsible for late arrival
at the airport which results in you missing your flight due to traffic
congestion, accidents or other reasons outside of our control.
17. Behaviour
When you book a holiday with us, you accept responsibility for any damage or
loss caused by you or any member of your party. Full payment for any such damage
or loss must be made at the time to ourselves or the third party concerned. If
you fail to do so, you must indemnify us against any claims (including legal
costs) subsequently made against us as a result of your actions. We expect all
clients to have consideration for other people. If in our reasonable opinion or
in the reasonable opinion of any other person in authority you or any member of
your party behave in such a way as to cause or to be likely to cause distress,
danger or annoyance to any third party (including other clients and staff) or
damage to property, we reserve the right to terminate the holiday of the person
concerned without notice. In this situation, our responsibilities towards that
person (including any return transport arrangements) will immediately cease and
we will not be responsible for meeting any costs or expenses they may incur as a
result. We will not make any refunds or pay any compensation to the individual
involved or to members of his/her party or associates wishing to curtail their
holiday as a result.
18. Security Deposit
A security deposit is not usually taken
but we reserve the right to retain your credit card details in order to take
payment for any loss or damage caused to our property by you during your stay or
to cover any charges such as (but not limited to) ski rental, lift passes, food
and drink which are not settled before your departure.
18. Passport, visa and health
requirements
It is entirely your responsibility to ensure you and your party have the
appropriate passports and visas to allow you to travel. We accept no liability
in the case of incorrect paperwork.
19. Liability for
links from our website
Links provided on
our website to other companies websites (such as airlines, car rental and
tourist information) are provided purely for your convenience. We can accept no
liability for any information provided on them or for any services you may
choose to obtain from them, which you do so entirely at your own risk.
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