CONDITIONS OF BOOKING

1. The following conditions of booking (“Booking Conditions”), together with our privacy policy (https://www.simply-morzine.co.uk/privacy-and-cookie-policy/), website terms and conditions of use (https://www.simply-morzine.co.uk/terms-and-conditions ), and any other written information we brought to your attention before we confirmed your booking, or provided to you after we confirm your booking, form the basis of your booking contract (the “Contract”) with Simply Morzine Limited (“we” or “us” or "our") of Manor Farm 2 Main Road, Nether Broughton, Melton Mowbray, England, LE14 3HB (registered company number 03428142).

Please read them carefully as they set out your and our respective rights and obligations.

2. Your Contract with us is for accommodation services only and, as such, the services do not form part of a linked travel arrangement or package holiday, as defined in The Package Travel and Linked Travel arrangements Regulations 2018.
    
3. In these Booking Conditions references to “you” and “your” include the first named person on the booking (the “Party Leader”) and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred. All those listed on the booking are jointly and severally liable as parties to the Contract.
   The Party Leader warrants that they have the authority to make the booking (and any amendments and/or transfer) on behalf of all the passengers in the booking and shall be liable and responsible for:
   (i) the full payment of any deposits, in addition to any outstanding balance;
   (ii) the payment of any amendment fees or cancellation charges;
   (iii) confirming all passenger details to us;
   (iv) the passing on to all passengers of any and all information issued by us including, but not limited to, copies of invoices and these Booking Conditions.

1. Making your booking and payments

Once you have agreed with the quote that we have provided to you, we will send you an email that will contain your log-in details for our online client account area, called “MyBooking”. To confirm your booking, the Party Leader (who must be at least 18 years of age) must agree to these Booking Conditions on behalf of the passengers in the booking and pay the non-refundable deposit due via the MyBooking area of the website. If booking 10 weeks or less before departure the full payment must be made at the time of booking. In addition, it is essential you take out appropriate insurance cover that is effective from the time of booking - see Clause 3 for further information.

Once you have accepted our Booking Conditions and made all and any appropriate payments we will, subject to acceptance and availability, confirm your booking by issuing you with a booking confirmation that shall be emailed to the Party Leader. Please check your booking confirmation and statement of account carefully, found within the MyBooking area, as soon you receive your booking confirmation from us, and raise any queries immediately. If payment is not received in full by the due date as per the MyBooking area, we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in clause 5 will be payable to us and we shall not be liable to pay any compensation to you.

2. Your contract

Subject to A above, the Contract between us and you comes into effect when you have agreed to the Booking Conditions, made your deposit payment (or full balance, where applicable) and we have issued a booking confirmation to the Party Leader. As part of the Contract, we are responsible to you to provide the accommodation you have booked and you are responsible to us to pay for it, subject to these Booking Conditions.

3. Insurance

Pursuant to clauses 6 and 7, it is a condition of the Contract that you have full and adequate travel insurance for all aspects of your booking (including any activities that you may undertake in destination that were not contemplated at the time that you made your booking with us), effective from the date that you make your booking with us.

As part of our Contract with you, you agree to indemnify us against any and all costs that we incur in connection with any event that should have been covered by your insurance, had you complied with your obligations contained within this clause 3. It is your responsibility to ensure the insurance cover you purchase is suitable and adequate for your particular requirements.

4. The cost of your holiday arrangements

We reserve the right to increase or decrease the prices of any and all unsold travel 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 endeavour to maintain the prices agreed for any existing booked arrangements. We do however reserve the right to vary the price of your arrangements if our costs are increased by over 5%, for example resulting from supplier price rises, currency fluctuations and/or government action/legislation. In this event, should you not wish to pay the additional costs, you have the right to cancel your booking and receive a full refund.

We also reserve the right to correct obvious pricing mistakes and errors both before and after you have made a booking with us. In this event, we reserve the right to cancel your booking with us and refund any money that you have paid, or you can confirm your booking with us and pay the correct price. Any prices given for additional services available for purchase in resort, such as activities, equipment hire, instruction, ski passes, childcare etc., were as accurate as possible at the time of publication, but may be subject to change at any time, in accordance with clause 19.

5. Alterations and / or cancellations by you

(i) Changes made by you:
Should you wish to make any changes to your booking arrangements after they have been confirmed by us, you must advise us immediately in writing. Any alterations made to your existing booking (changing a name or passenger, for example), except any additions made to your booking, may incur a reasonable amendment charge of £25 per person for a name change and £50 per person for a change in duration. Please note that, in the event you reduce your party size, you and the remaining members of your party will remain liable for any outstanding balance and the total price payable will not be reduced.

Some alterations (changing accommodation, or flight details, for example), may be treated as a cancellation, in which case the cancellation charges, as set out in Clause 5(ii), shall apply.

In addition to our amendment charge, we reserve the right to pass on any amendment charges made by the suppliers of any services booked by us on your behalf, the cost of which you shall also be liable for.

(ii) Cancelling your booking:
Cancellation charges will be payable by you in the event that you cancel your booking. The cancellation charges are calculated from the date on which written notice of the cancellation (or change to your booking - if the change is to be treated as a cancellation in accordance with Clause 5(i) above) is received by us, in accordance with clause 20.5.

Number of weeks before      Percentage of your booking cost (excluding insurance
departure that we receive     and deposit) that will be charged
notification from you                         

More than 10                          Deposit
10 – 8                                      60%
7 – 5                                        80%
4 or less                                  100%

In addition to the cancellation charge, we reserve the right to pass on any cancellation charges made by the suppliers of any services booked by us on your behalf, the cost of which you shall also be liable for.

6. Alterations and / or cancellations by us

(i) Alterations by us:
In the case that we have to make minor or insignificant alterations to your booking (such as a change to your accommodation to another of the same or higher standard, seasonal unavailability or temporary withdrawal of some facilities) , we will advise you at the earliest possible date and, as they are minor alterations, no compensation will be payable by us, to you, nor can you cancel your booking as a result of the alterations.

In the event of a significant alteration (where we change you accommodation to an alternative of a lower rating; or change your booking from a catered accommodation to self-catering accommodation), you may choose to accept the new arrangements or, accept an alternative accommodation that we may offer you (subject to availability), or you can cancel your booking and receive a full refund. We will not be liable for the payment of any compensation or costs or other expenses in this event.

(ii) Cancellation by us:
Very rarely, it may be necessary for us to cancel a confirmed booking. We must reserve the right to do so. If we do cancel your booking you will receive a full refund of all the monies that you have paid to us, except in the case of unavoidable and extraordinary circumstances, as set out at Clause 7. We accept no further liability and will pay no compensation in this respect.

7. Unavoidable and extraordinary circumstances

(i) We regret that we cannot accept any liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by circumstances beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.

Such events shall include, but are not limited to, Acts of God, war or threat of or preparation for war, armed conflict, riots, civil strife, commotion and/or riots, terrorist activity (actual or threatened), political dispute, industrial dispute (actual or threatened), strikes or other industrial action, natural, nuclear, chemical or biological contamination and/or disaster (including but not limited to earthquakes, fires/explosions, floods, drought, etc.), adverse weather conditions (including but not limited to snow, mud slips/slides and flooding), technical or other problems with machinery, transport or equipment, closure or congestion of airports or ports, flight cancellations/alterations, imposition of sanctions, embargo, or breaking off of diplomatic relations, epidemic or pandemic (including risks to health), any action, advice or decision taken by a government or public authority, any border closures and all similar events outside our control.

(ii) Alteration by us in the event of unavoidable and extraordinary circumstances:
We may be forced to alter your booking before, on or after the date of departure where circumstances amounting to unavoidable and extraordinary circumstances occur, as set out in clause 7(i) above. In this very unusual situation, we regret we cannot make any refunds (except where refunds are obtained from supplier(s)); be liable for any costs or expenses you may incur as a result; or pay any compensation to you.

(iii) Cancellation or curtailment by us in the event of unavoidable and extraordinary circumstances:
We may be forced to cancel or curtail your booking before, on or after the date of departure where circumstances amounting to unavoidable and extraordinary circumstances occur, as set out in clause 7(i) above. In this very unusual situation, we regret we cannot make any refunds (except where refunds are obtained from supplier(s)); be liable for any costs or expenses you may incur as a result; or pay any compensation to you.

8. Behaviour of / damage by you

When you book with us, you accept responsibility for any direct, indirect or accidental damage, loss, costs or expenses caused by you or any member of your party that shall include, but not be limited to, any additional costs of cleaning the accommodation and/or the costs associated with the usage of extra towels or linen. Full payment for the same must be made at the time to us or the third party concerned. If you fail to do so, you indemnify us against any and all associated liabilities, losses, damages, costs, expenses and claims (including legal costs) made against us as a result of your actions.

When you make a booking with us you accept responsibility for the proper conduct of yourself and your party whilst on holiday. If in our reasonable opinion you or any member of your party behave in such a way as to cause or to likely to cause distress, upset, danger or annoyance to any third party (including staff, neighbours, agents, suppliers or other clients) or damage to property, we shall consider your booking as being cancelled by you at that time. You shall be required to leave the accommodation and, in this situation, our responsibilities to you will immediately cease and we will not be responsible for meeting any costs or expenses you (or any of your party) may incur as a result (including any costs associated with returning to the UK). We will not make any refunds or pay any compensation to the individual(s) involved, to other members of your party, or to associates who wish to curtail their booking as a result.

You agree that any accommodation provided pursuant to this contract is only for the use and enjoyment of the persons named on the booking. You may not allow any other person to stay there.

We, along with our representatives, agents and suppliers (including accommodation owners/providers) have the right to enter any accommodation at such times and for any such purposes (including but not limited to inspection, cleaning and repairs) as may be reasonable in the circumstances.

9. Self-catered accommodation Damage Deposit

Bookings at our self-catered accommodation require a deposit of 500€ (a “Damage Deposit”) to be paid on arrival at the accommodation in order to cover the costs of any damage caused by you or your party, pursuant to clause 8 above . This will be processed by way of a credit or debit card ‘pre-authorisation’, which is a temporary hold on the specified amount against the available funds on your credit or debit card - and not an actual charged amount, so no actual funds are taken at that time.

Subject to your obligations as set out in clause 8 being fully satisfied at the time of your check out, the pre-authorisation will expire in full, once you have settled any and all invoices in full for any additional services or supplies received.

Subject to clause 8, should we choose to charge some or all of the Damage Deposit to your card, you will be notified in writing of the details of the costs incurred within 10 working days after the end of your reservation period.

10. Your responsibilities

You are responsible for :
(a) checking that your booking details are accurate - including but not limited to guest/contact details, rooming allocations, travel information, dietary requirements, special requests and resort extras;
(b) looking after your own baggage and equipment (including anti-theft and anti-vandalism precautions). All baggage and personal possessions remain at all times and in all circumstances at the owners’ risk, except where we, or our agents or suppliers, have proved to be negligent;
(c) ensuring that any vehicle of yours is fully insured and road worthy for the journey and destination and that any third party making use of the vehicle during the period of your reservation is fully insured. Your vehicle is used and parked at your own risk and we shall not be liable for any loss or damage caused to your vehicle during your stay at the accommodation;
(d) any damage you cause to other persons or their property or equipment and you will indemnify us against all claims, liabilities, loss, damage, expense, interest and costs - whether direct or indirect - that we may suffer or incur as a result of you causing injury, loss or damage to other persons or property;
(e) recognising that many holiday activities are vigorous and adventurous and/or involve some incidental risk of injury and it is your responsibility to ensure that you have the required level of fitness and skill to participate in such activities and are adequately insured. In particular, if you are travelling with children they remain your responsibility and you should exercise care in deciding whether your children are capable of undertaking the activities that are selected for or by them;
(f) informing any representative, instructor, guide or supervisor immediately in the event that you consider any activity to be unsafe or inappropriate for yourself or any other person participating.

11. Our responsibilities

We promise to make sure that the arrangements we have agreed to make, perform or provide, as applicable, as part of our Contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these Booking Conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted arrangements.

Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

We will not be responsible for any injury, illness, death, loss (including loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
(i) the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or
(ii) the act(s) and/or omission(s) of a third party not connected with the provision of your booking and which were unforeseeable or unavoidable; or
(iii) the standards of public services provided by or for municipal, state or other government authorities in the place where the holiday takes place; or
(iv) limitations or closures imposed by resort authorities and/or ski lift, ski school or ski hire operators; or
(v) Unavoidable and extraordinary circumstances as defined in clause 7 above.

We will also accept no liability for death or injury caused by any equipment provided in respect for infants and children such as car seats, cots, high chairs where these were not provided by us, our agents, subcontractors or suppliers. It is your responsibility to ensure that these items are of adequate quality and construction. If there are any concerns, these must be reported immediately to our employees, agents or suppliers, and the items must not be used.

The promises we make to you about the services we have agreed to provide or arrange as part of our Contract - and the laws and applicable standards of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided and performed. This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. Some overseas countries’ requirements and standards are not the same as the UK and may sometimes be lower.

Please note, however, our obligation is to exercise reasonable skill and care as referred to above. We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.

For all claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is three the price paid by or on behalf of the person(s) affected in total. That is unless a lower limitation applies to your claim. Additionally, we cannot accept liability for any business or indirect losses.

Covid-19:

Pursuant to Clauses 6, 7, 11, 15 and 17, we both acknowledge the ongoing COVID-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities, whether such guidance comes from the UK Government or the government of the country in which you reside, as well as whilst you are on holiday.

We will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:

1. If you, or anyone in your booking party, test positive for Covid-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and have to self-isolate for a period of time.

If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We would then consider your booking as being cancelled by you and our standard cancellation charges shall apply as at the date of cancellation by you. You may be able to claim these costs back from your travel insurance.

If this happens whilst you are on your holiday, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your booking, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs for you.

2. You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with your booking, or that portion of your booking.

You also acknowledge that both Simply Morzine and other suppliers providing services during your holiday, will need to comply with national and/or local guidance and requirements relating to Covid-19, and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of the holiday and all measures will be taken with the purpose of securing your safety and those around you.

We also reserve the right to modify our standard airport transfer operational procedures to align with any French or Swiss government action, guidelines or law changes related to Covid-19 that affect our ability to operate airport transfers in the standard way as described in these Booking Conditions. This may include, but is not limited to, extending or removing maximum waiting times on arrival at Geneva airport and pick up lead times for departures from Morzine/Les Gets. Meeting points and meeting procedures may also change if regulations dictate.

12. Additional facilities, services, activities & excursions (“additions”)

We have no liability in respect of anything that happens (including injury, illness or death unless in these instances the cause is the direct negligence of us or our employees, agents, sub-contractors or suppliers) outside the scope of our Contract with you. In particular, we have no liability under our Contract for any accidents, injury, losses, damage or complaints arising from any Additions - as your contract for any Additions will be with the provider of the Addition. We may provide you with information (before departure and/or when you are on holiday) about Additions which are available to you. They are provided by local operators or other third parties and do not form any part of your Contract with us, even where we suggest particular operators/other third parties and/or assist you in booking such Additions in any way. We are acting only as an agent for the purchase of the Additions

 

and as such, any complaints or issues must be made to the actual providers and suppliers of the Additions and not to us.

We cannot accept any liability on any basis in relation to such Additions and the acceptance of any liability contained in Clause 11 of these Booking Conditions will not apply to them. We cannot guarantee accuracy at all times of information given in relation to such Additions, about the area you are visiting generally, or that any particular Additions will take place, as these are not under our control.

13. Complaints

In the event that you have reason to complain whilst on holiday with us, you should immediately notify your resort representative or manager who will endeavour to put the matter right and file a written report to our office. If you are not satisfied with the way your complaint has been handled, you have 7 days from the end of the holiday in which to write to us with full details, including any and all necessary supporting information that shall include but not be limited to police reports, doctors reports, incident reports and loss/damage reports. We cannot accept liability in respect of any complaint which is not notified to us in accordance with this clause 13. Our employees, agents and suppliers (including accommodation owners/providers) do not have authority to vary our Contract with you or to agree any refund on our behalf.

14. Special requests

If you have any special requests, please clearly inform us in writing in accordance with clause 20.5. We will endeavour to honour any special requests, but we cannot guarantee that your special request will be provided. Any failure to meet a special request will not be a breach of Contract on our part and we shall not be liable to pay any compensation in this respect.

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 that your booking will not be suitable for you, we must reserve the right to advise you against making your booking.

15. Travel and documentation

We cannot accept any responsibility or liability for any problems, costs, losses or delays with regard to your personal travel arrangements or associated travel documentation.

You are responsible for obtaining all required travel documentation in advance of your departure, including a valid passport, any visas, vaccinations or medical certifications and/or tests, driving license and/or any permits or approvals that may be required. You must also ensure that you continually check the relevant government travel websites (such as https://www.gov.uk/foreign-travel-advice) with regard to your holiday to ensure that you are aware of the most up to date travel advice, documentation and health requirements. It is your responsibility to ensure that these documents, health requirements and checks are valid and current and that you take any required documentation with you as and where necessary.

16. Local taxes

Local councils in France (Mairies) charge a local holiday tax (taxe de séjour) for all passengers over the age of 16. This tax is included in your booking price when you book directly with us, however may be charged separately where you book via a third party.

17. Airport transfers

Where you have booked airport transfers with us, these will be provided by way of shared minibuses (and occasionally coaches).

Arrival transfers: For travel arrangements arriving between the hours of 09:00 and 21:00, under normal circumstances, a waiting time from meeting a driver or representative at the meeting desk of up to 45 minutes in the winter season and 90 minutes in the summer season may be necessary to join a shared transfer. These waiting times can be longer under exceptional circumstances. For travel arrangements arriving before 09:00 or after 21:00, waiting times may be longer and there is no maximum waiting time. For travel arrangements arriving after 21:00 and scheduled to be transported on the last shared transfer of the day, you should expect to wait for the last passenger on the shared transfer to arrive. When your travel arrangements arrive later than the scheduled time as advised by you to us, the normal waiting rules as set out above will no longer apply.

Departure transfers: Your will be picked up from your accommodation 3.5 to 5 hours before your scheduled flight departure time. These waiting times can be longer under exceptional circumstances. For flights scheduled to depart before 09:00, pick up times may be extended to fit in with other passengers.

You should inform us as soon as you are aware of any delays, rearrangements or cancellations of your travel arrangements. If you or any member of your party cannot be contacted within 60 minutes of the actual flight/train arrival time, you will be classed as a ‘no show’ and the driver will be at liberty to leave the airport without you. In this case you may be required to rebook your airport transfer(s) at the standard applicable charge. Our airport transfer service operates exclusively to and from Geneva airport. If a flight is diverted, it is the responsibility of your airline to transport passengers to the scheduled airport (Geneva). Where return shared Geneva airport transfers are included as a complimentary service by us, as part of your booking, this entitles those named guests within the booking to one return transfer. This service is non-transferable to another guest/booking and has no monetary value if not required. Where airport transfers are booked as an additional extra, this entitles those named guests within the booking to the transfer service as outlined when booked.

It is your responsibility to ensure that the correct information for your travel arrangements (times / dates / number of people etc.) has been provided to us via your MyBooking area/account, as our airport transfer logistics are subsequently based around this provision of this information by you to us. In the event of you providing us with incorrect information, or you do not advise us of any cancellations that may apply to your travel arrangements; or of flight/train delays in excess of 2 hours; or of you missing your arrival flight/train; you may be required to rebook your airport transfer(s) at the standard applicable charge. Please be aware that the availability of alternative airport transfers with us is not guaranteed, in which case you would need to make your own new airport transfer arrangements, independently of us. In this event, we shall not be liable for any further costs you may incur and we shall not refund you the cost of your return transfer booked with us, nor shall we be liable to pay you any compensation.

18. Resort shuttle service - winter

We offer a complimentary shuttle service in the winter season for catered chalet guests and half board hotel bookings only. This is at our discretion and we reserve the right to withdraw this service at any time. Full details of this service can be viewed on our website: https://www.simply-morzine.co.uk/info/ski-shuttle-service

19. Website descriptions and other written information

Pursuant to Clauses 4 and 6 we reserve the right to correct any inaccuracies and/or errors on our website, promotional material or booking information/documentation at any time. We further reserve the right to advise you of any alterations to your accommodation and/or resort that become apparent to us and which we, in our absolute discretion, consider may materially affect your enjoyment of the accommodation. Such changes will be treated as minor or insignificant alternations and, we shall not be liable for any refunds, compensation, price reductions or other costs or expenses incurred by you, as a result.

Such minor or insignificant alterations shall include, but are not limited to, the breakdown/closure of or maintenance to lift systems, air conditioning systems, hot tubs, electrical appliances, etc., as well as alterations to the decorations or furnishings of any accommodation or property, or alterations and/or closures of local/surrounding facilities.

20. General conditions

20.1 We do not accept pets in any accommodation, unless agreed with us, in writing, at the time of booking. We have a no smoking policy in all accommodation and smoking is only permitted on external balconies and/or terraces.
20.2 Additionally, sports equipment (including but not limited to skis, snowboards, ski/board boots, bicycles, etc.) must not be brought into your accommodation, except where designated. We reserve the right to consider failing to comply with these conditions as likely to cause damage and will be subject to clauses 8 and 9.
20.3 The Contract between us constitutes the entire agreement between the parties with respect to the subject matter thereof.
20.4 The Contract may not be amended or varied unless agreed in writing by one of our duly authorised officers.
20.5 Any notice given to a party under or in connection with this Contract shall be in writing and shall be sent:

1. In the case of Simply Morzine, by email to info@simply-morzine.co.uk; or by post to Manor Farm, 2 Main Road, Nether Broughton, Melton Mowbray, England, LE14 3HB; and
2. In the case of the traveller, by email to the email address of the Party Leader as provided at the time of making the booking;

Any notice or communication shall be deemed to have been received:

3. if sent by pre-paid first-class post, at 9.00 am on the second business day after posting; or
4. if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume.

In this Clause 20.5, business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

20.6 Any waiver or failure on our part to require strict compliance with the Conditions and/or the Contract in any respect shall not be deemed to be a waiver of our rights to insist upon strict compliance in any other respect or thereafter in the same respect.

20.7 If any provision in these Booking Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other clauses and the remainder of the provision in question shall not be affected thereby.
20.8 Unless the context otherwise requires, words importing the singular number shall include the plural and vice versa and words importing any particular gender shall include all other genders.

21. Use of hot tubs, saunas, swimming pools etc.

You are fully responsible for ensuring the safety of any children in your party and agree that the use of any facilities within your accommodation is at your (or any third party residing in the property during the period of your reservation) risk in all respects. Children under 16 must be directly supervised by adults when using all or any other such facilities.

You agree to observe and adhere to the following regulations and ensure that any third party visiting the property during the period of your reservation also abides by the same:

1. to note and comply with any safety notices and instructions for use, provided at your accommodation.
2. to use these facilities at your own risk.
3. that we take no responsibility for any accident, injury or health issue resulting from the use of these facilities, where you, one of your party or other third party did not adhere to any information, guidance, instruction, law or regulation – or you or one of your party were negligent.
4. that facilities are only accessible during the opening hours as listed at your accommodation.
5. that every care should be taken when around or using these facilities.
6. to ensure the hot tub cover is always replaced after use to retain the heat.
7. to note the hot tub cover must be completely removed and that it is dangerous to be in the water with the cover on or partially on.
8. that no one should use these facilities while under the influence of alcohol or drugs.
1. not to take any glass items near these facilities.
10. that diving is strictly prohibited.
11. to ensure that children under 16, or any novice swimmer of any age, are supervised by an adult and confident swimmer at all times.
50. to behave in such a manner as not to disrupt the enjoyment of neighbours and/or fellow guests or prejudice the reputation of us or the owner of the property.
1000. that your access may be removed and/or limited, if you or any third party visiting the property during the period of your reservation are in breach of this clause.
14. that any damage to these facilities arising out of misuse or as a result of negligence and/or failure to follow the instructions herein will be chargeable to you.
15. that water cleanliness is paramount. For your own safety it is essential that the water is kept clean as failure to do so results in the water balance changing which seriously diminishes the effectiveness of the sanitising chemicals. We (or our local representative) will check the chemical balance regularly to monitor the levels of sanitizer and to check the water balance and quality. Water balance/chemicals will be adjusted as necessary and results recorded. This procedure is a safety requirement and ensures that the chemical balance of the water remains continuously safe for your enjoyment throughout your stay.
16. that if upon inspection, the water quality is found to be unclean due to misuse, it may be necessary to empty the hot tub and switch it off. In this event, we reserve the right to close the hot tub for the remainder of your stay.
17. that if you wish to have the hot tub cleaned and refilled, this will incur an additional cost of £100. Please be aware that it can take up to 24 hours for the hot tub to reheat.
18. that only persons named on the booking are permitted to use these facilities.

22. VAT

All prices include the VAT element due under the Tour Operator’s Margin Scheme. This is paid over by the company to HM Revenue and Customs but is non-reclaimable by the client. We are therefore unable to supply you with a VAT invoice.

23. BREXIT

Pursuant to Clauses 4, 6, 7, 11, 15, 16 and 19, it is possible that various consequences of Brexit and/or a transition period, may affect the performance of our contract with you. We have little idea how the United Kingdom’s future relationship with the European Union will unfold and how this will affect the booking arrangements we are offering, or travel in Europe.

We know nothing of the likelihood of the introduction of new laws or of existing laws ceasing to apply or changes in current legislation or the timescales for any of these. Any of these changes may restrict or entirely prevent our ability to provide you with certain services that make up your booking arrangements. At present, the changes in law that we consider are most likely to occur and, in turn, affect your booking arrangements are a potential inability for the UK as a whole (and us, for the purpose of this clause and your booking arrangements) to rely on the free movement of workers.

With a resort workforce comprising predominantly of UK citizens we are unable to assess the financial and practical impacts of any new immigration and work authorisation procedures arising from any new relationships and arrangements between the UK and France and the UK and Switzerland which remain unknown. The result of this may be that we are unable to provide you with certain services that make up your booking arrangements, such as the provision of chalet hosts and chefs, airport transfers and resort shuttle drivers, local representatives etc.

Since Brexit is something which is completely unprecedented and outside of our control, we would treat any such changes as an unavoidable and extraordinary circumstance, as set out in clause 7. Should Brexit result in changes of law that prevents us from providing you with certain services that make up your booking arrangements:

a) We will make reasonable endeavours to provide you with suitable alternative services to those that we are unable to provide. If it is not possible for us to arrange alternative services, we will provide you with a partial refund in respect of the services that we are unable to provide.
b) We will have no further liability to you or pay any compensation for any non-performance in services brought about by the process leading up to Brexit or Brexit itself (including the transition period).
c) Pursuant to clause 4, we reserve the right to review prices and increase where necessary in order to cover cost rises associated to any Brexit related circumstances that materialise during the period of the booking contract.
d) We reserve the right to adjust transfer services and timings, such as waiting times on arrival at Geneva airport, departure times from Morzine/Les Gets, or changing vehicles around the French/Swiss border. This is in the event that Brexit arrangements create additional immigration checks or other delays or obstacles to UK citizens, including you &/or transfer drivers arriving into or departing from Switzerland.

As well as the consequences of Brexit and the changes leading up to it having a potential impact upon our ability to provide you with your booking arrangements, it is also possible that Brexit may impose additional obligations upon you. For the avoidance of doubt, it remains at all times your responsibility

to comply with any such obligations, as set out in these Booking Conditions and in your Contract with us, in order to partake in your booking arrangements.

24. Governing law and jurisdiction

The Contract and all matters arising out of it are governed by English law and the courts of England and Wales have exclusive jurisdiction.

 

 

September 2020