Terms & Conditions
Last updated; 16th October 2023
BY MAKING A BOOKING, THE PERSON COMPLETING THE BOOKING FORM AGREES ON BEHALF OF ALL PERSONS DETAILED ON THE BOOKING THAT:
- THEY HAVE READ THESE TERMS AND CONDITIONS AND HAVE THE AUTHORITY TO AND DOES AGREE TO BE BOUND BY THEM;
- THEY CONSENT TO OUR USE OF PERSONAL DATA IN ACCORDANCE WITH OUR PRIVACY POLICY AND ARE AUTHORISED ON BEHALF OF ALL PERSONS INCLUDED ON THE BOOKING TO DISCLOSE THEIR PESONAL DETAILS TO US, INCLUDING WHERE APPLICABLE SPECIAL CATEGORIES OF DATA (SUCH AS INFORMATION ON HEALTH CONDITIONS OR DISABILITIES AND DIETARY REQUIREMENTS);
- 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;
- THEY ACCEPT FINANCIAL RESPONSIBILITY FOR PAYMENT OF THE BOOKING ON BEHALF OF ALL PERSONS INCLUDED IN THE BOOKING.
1. The Terms and Conditions set out in this section, together with our Privacy Policy and where your service is booked via our website, our Website Terms of Use, together with the confirmation invoice and Booking Form, comprise the contract between Mountain Rooms & Chalets (“MR&C”) with company number 04038552 and registered address at 221 Park Road, Cowes, Isle of Wight, P031 7NP and all persons included in the booking. Please read them carefully as they set our respective rights and obligations. These Terms and Conditions only apply to accommodation which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these Terms and Conditions to ‘booking’, ‘contract’ or ‘accommodation’ mean such accommodation bookings. In these Terms and Conditions, ‘you’ and ‘your’ means all persons named on the booking (including anyone who is added or substituted at a later date).
Please see clause 22 for specific terms relating to Covid-19.
2. Making your booking. To make a booking, you are required to complete the Booking Form on line. The 30% non refundable deposit is payable at the time of making the booking on our on line system (or full payment if you are booking within 8 weeks of arrival). If your chosen accommodation is available on those dates we will confirm your booking and send you an invoice . MR&C reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and MR&C as soon as we have received your deposit and issued a booking confirmation that will confirm the details of your booking and will be sent to you or your travel agent. Upon receipt of the booking confirmation, if you believe that any details are wrong you must advise us immediately as changes cannot be made later and it may not be possible for us to make changes later. If MR&C do not receive all payments due in full and on time, MR&C reserve the right to treat your booking as cancelled by you in which case we shall retain your deposit.
3. The cost of your booking. MR&C reserve the right to make changes to and correct errors in advertised prices at any time before your accommodation is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. We reserve the right to increase or decrease the price of unsold accommodation at any time.
4. Insurance. All clients must have sufficient travel insurance to cover any claim that may include medical costs, mountain rescue in the event of an injury whilst skiing, repatriation, third party liability, personal effects to include loss and theft and travel disruption or cancellation. This is not part of the cost of your accommodation provided by us. To get a quote and an online discount with MR&C, click here: http://retail.mpibrokers.com/mountainrooms
5. Special Request, Upgrades and Allergies. Any special requests or upgrades must be advised to MR&C at the time of booking, e.g. room location, a particular facility or service etc. You should then confirm your request in writing. Whilst every effort will be made by us to try and arrange your special request 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 is has been passed on to the property owner is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract by MR&C unless the request has been specifically confirmed by us. MR&C do not accept bookings that are conditional upon any special request being met. If MR&C are able to meet your request or upgrade, it may come at an additional cost and you will be advised of this cost before we confirm your request. In catered accommodation any guest with any form of food intolerance or allergy must inform MR&C at time of booking. MR&C staff will use their best endeavours to avoid any such food being prepared for clients, however MR&C take no responsibility for any ingredients being present without their express knowledge. Specialist dietary requirements must be discussed with MR&C. Any food product prepared by or produced for MR&C may contain nuts or wheat.
6. Disabilities and Medical Problems. We are not a specialist disabled travel 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 booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. 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.
7. Amendments Made by You. If you would like to amend your booking you must confirm your changes in writing. We will do our very best to make the changes and if they are possible, we will charge an amendment fee of £80.00 per booking. This includes a date change (if the property is available) or name changes. If your amendment involves moving property, this may be treated as a cancellation of your existing booking and cancellation charges will apply and your new booking will be treated totally separately. Please note: changes to your accommodation, your dates or the names on your booking form may not be changeable after confirmation and any alteration may result in a charge of 100% of the booking.
8. Cancellation By You. Cancellations can only be accepted in writing, by post or e-mail and take effect from the day of receipt. The cancellation charges are detailed below.
|
Period prior to relevant Scheduled departure date |
Amount of cancellation charge expressed as a % of rental price |
|---|---|
|
Less than 8 weeks |
The total balance, i.e. no refund is due. Only in situations whereby we are successfully able to re-sell the rental for the relevant time period will the balance will be refunded less the 30% non-refundable deposit. |
|
More than 8 weeks |
30% deposit only |
Cancellation charges are per property and 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. Claims must be made directly to the insurance company concerned. Please note: certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of the booking. Very rarely, we may be forced by force majeure (see clause 13) to change or terminate your booking after departure. If this situation does occur, we regret we will be unable to make any refunds, pay compensation or meet any costs or expenses you incur as a result.
9. Cutting your booking short. If you are forced to return home early, we cannot refund the cost of any arrangements you have not used. If you cut short your booking and return home early, we are unable to offer you any refund for that part of your booking not completed, or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
10. Changes or Cancellations by MR&C. It is unlikely that changes (or cancellation) will have to be made to your booking, but because arrangements are planned many months in advance, we reserve the right to make changes to the booking both before and after your booking has been confirmed by MR&C. We will notify you of such changes as soon as possible. Where a change to an essential item of the booking becomes necessary, we will inform you as soon as is reasonably possible if there is time before your departure. For example, if we are forced to make a change of accommodation as advertised and described (except in the case of force majeure in clause 13 or Covid-19 in clause 22). You will be informed in writing of the reasons for the change and what alternative offer, if any, can be made. We will also contact you by telephone to discuss the circumstances.
Please refer to clause 22 for more information on circumstances where you are entitled to a refund.
11. Your Behaviour. We reserve the right in our absolute discretion to terminate without notice and liability the accommodation of any person whose behaviour is such that it is likely, in a reasonable opinion of MR&C employee or officer, or accommodation owner, or neighbour to cause distress, danger, damage or annoyance to other customers, employees, property or to any third party. In all cases NO cancellation charges apply and we shall be under no obligation whatsoever for any cost incurred. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for such damage or losses must be paid directly to an MR&C employee or officer prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. MR&C cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
12. Complaints. If you have a complaint or problem with your accommodation, it is expected that you raise any alleged problem to the operations representative of MR&C as soon as any issue becomes known. If you fail to raise the issue in the resort with the relevant person it will inevitably hinder our ability to investigate the matter, and if need be, rectify the problem. However, if your complaint cannot be resolved locally and you wish to complain further, you must send formal written notice of your complaint to us at our office, ideally within 28 days of the end of your stay. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’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.
13. Force Majeure. Except where otherwise expressly stated in these Booking Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or our 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, 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 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 outside our or the supplier(s) concerned’s control.
14. Loss of Accommodation Keys. When you arrive at your accommodation, a set of keys will be provided to you. If you lose or permanently depart the resort with your keys, a charge of €150.00 per key is levied and will be deducted from your damage deposit (please see clause 17), unless you choose to pay at the MR&C office by an alternative method. We will contact you by e-mail or telephone to collect the balance due. The loss must be reported to MR&C as soon as possible. Even if you promise to mail these items back, it is not always feasible to wait until receipt due to the arrival of new clients.
15. Loss of Car Park Remote. When you arrive at your accommodation, if parking is available then a car park remote will be provided to you. If you lose or permanently depart resort with your car park remote, a charge of €150.00 is levied and will be deducted from your damage deposit, unless you choose to pay at the MR&C office in by an alternative method. Even if you promise to mail these items back, it is not always feasible to wait until receipt due to the arrival of new clients.
16. Accommodation Rules:
- All Mountain Rooms & Chalets rented accommodation have a no outdoor shoes or boots rule. Carpets suffer beyond reasonable wear and tear in a ski resort so anyone found to abuse this rule will be charged the cost of a carpet clean which will be deducted from your damage deposit. Cost will depend on size of property and we will advise you of the cost beforehand. If damage to the carpet is beyond cleaning and a new carpet is necessary you will be responsible for the costs of this. Before the purchase is made you will be informed of the cost and what efforts Mountain Rooms & Chalets have made to remedy the carpet before this action. Mountain Rooms & Chalets assure you that this action will only be taken in extreme circumstances.
- No dogs are accepted in any of our properties without prior permission. Should a client turn up with a dog without prior permission, we reserve the right to cancel the booking with immediate effect.
- All properties are sold for up to a maximum number of people that is listed in the details of each property. Exceeding the maximum number is not permitted and any additional guests will be required to leave with immediate effect or failure to do so will result in a cancellation of the booking. Overloading any property is strictly prohibited and monitored.
- Smoking is not permitted in any Mountain Rooms & Chalets rented accommodation. Any smoke damage will be deducted from the damage deposit. The stench of cigarette smoke is hard to shift so any time and money spent doing this will be deducted from your deposit.
- The rental takes effect from 4.00pm on the day of the arrival and ends at 10.00am on the day of departure as detailed on your booking confirmation. Properties must be vacated by 10.00am on the agreed day of departure. Prior arrangement for returning the keys must be made with the Mountain Rooms & Chalets representative. You are welcome to use our resort office on arrival and departure to store bags and sit in the office.
- Rented accommodation must be treated as if it is your own. Sub-letting is prohibited. When leaving the property it is your responsibility to secure the doors to the actual property and any additional external doors if part of a complex.
17. Damage Deposit. All the accommodation that we offer requires a refundable Damage Deposit which will advertised on each property page which is payable by you towards any damage that may be caused to the accommodation (or its facilities) due to the conduct of you, any member of your party or any other person authorised to enter the property by you and/or a member of your party. Before arrival at the accommodation, you will be required to provide details of one credit/debit card per property and you consent to us charging this charge should we need to deduct from the damage deposit. Mountain Rooms & Chalets will notify you of the reasons for any deduction and provide evidence of the reasons for such deduction. If the damage caused is in excess of the total deposit paid, Mountain Rooms & Chalets reserve the right to obtain financial compensation either by agreement or by legal proceedings.
Deductions for damage and/or loss. Damage or loss of bed linen, bath towels, bath mats and tea towels supplied will be deducted from the agreed amount of the Damage Deposit from the card supplied. Damaged or broken furniture will be replaced by items of equal value. The price of the replacement will be deducted from the Damage Deposit. If any damage is caused by negligence of the tenant, the reconditioning costs will be deducted from the Damage Deposit. You are required to notify us of any damage already present upon your arrival within 24 hours and we recommend taking photographs of any existing damage and communicating this to the operations representative of MR&C. The operations representative of MR&C will undertake a thorough check of the accommodation after your departure and prior to the next guest’s checking-in. MR&C will advise you as soon as possible of any damage discovered and we will provide photographs where possible. MR&C will always be reasonable in determining whether to make a deduction to the Damage Deposit and we will not make a deduction prior to giving you reasonable time to respond, in the event of a dispute we will retain the Damage Deposit until a resolution is reached.
Deductions for cleanliness. All clients are kindly requested to leave the accommodation in a reasonable state of cleanliness. In the event of the accommodation being found in a poor state, the incurred expenses for cleaning and reconditioning will be invoiced directly to the departing tenant, we will advise you of the cost beforehand. We ask you to empty bins on departure, put the dishwasher on and leave the property in a reasonable state of cleanliness as detailed above.
We reserve the right to collect a larger damage deposit for all groups under the age of 21, this will be collected either prior to your arrival or upon your arrival at the accommodation.
18. Accuracy. Your accommodation has been sold to you in good faith using the pictures and descriptions supplied on the internet. These are sold accurately and honestly but we cannot be held responsible for any difference of opinion you may have on arrival. We use our best endeavours to give an honest appraisal of the accommodation and resort.
19. Interruption of general facilities. Any interruption to the general services to the building (heating, hot and cold water, or electricity) or the public services of water, electricity, Wi-Fi or access does not justify a reduction in rent. Unless any interruption is due to our negligence, Mountain Rooms & Chalets cannot be held responsible in case of deprivation or reduction in use. Any interruption of internet & television service due to the weather conditions or satellite connections is out of our control. An interruption of service may happen and cannot be grounds for compensation. This is part of being in the mountains and whilst we work hard to reinstate all services that go down, we cannot guarantee connection 24/7.
20. Responsibility of MR&C. Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with reasonable skill and care and will 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.
1. 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)
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) Force Majeure (as defined in clause 13)
2. 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 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. If you believe your personal possessions and/or money have been stolen from either your accommodation or your ski locker where applicable, this must be reported immediately to both MR&C and the local police. 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 twice the price paid by you in total for the booking. This maximum amount will only be payable where everything has gone wrong and you have no received any benefit at all from your booking.
Claims in respect of any stay in a hotel: i) The extent of our liability will in all cases be limited as if we were the supplier under The Paris Convention (in respect to hotel arrangements). You can ask for a copy of this from our offices. ii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the hotelier for the complaint or claim in question.
- It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
- Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) 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 reasonable require.
- Please note, we cannot accept any liability for any damage, loss or 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; b) relates to any business; or c) is an indirect or consequential loss of any kind.
- We will not accept responsibility for services or 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 hotel or any other supplier agrees to provide for you.
- Nothing in this clause 20 or these booking 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 caused by our, our employees or our supplier’s negligence.
21. Severance. If any provision or part-provision of this agreement 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 this agreement.
22. Covid-19 Refund Policy
Due to the ever-changing nature of the current Covid-19 pandemic, we will be pleased to offer you a refund of the full balance of your booking in the following situations:
1. When You Will Be Entitled To A Refund – Bookings For 7 Nights or less
We will be pleased to offer you the right to cancel your booking with a refund of the full balance of your booking in the following situations:
a) Where the Foreign Commonwealth & Development Office or the government of your country of origin advise against travel to your destination; or b) Your accommodation or the resort in which your accommodation is based has been forced to close due to restrictions imposed by French Government or the local authority.
The following conditions apply in respect of any right to a refund under this clause:
c) The right to cancel in the above circumstances will not arise until 7 days before the scheduled departure date (and only applies if the relevant restrictions are still in place at the time of cancellation). d) All cancellations must be notified to us in writing by e-mail to sales@mrooms.co.uk. We will issue all refunds under this clause within 28 days of the date of cancellation.
2. When You Will Be Entitled To A Refund – Bookings For Longer than 7 nights
If you have a booking with us lasting longer than 1 week, including seasonal lets, we will be pleased to offer you a right to suspend your booking on a ‘rolling weekly basis’ due to the following situations:
a) Where the Foreign Commonwealth & Development Office or the government of your country of origin advise against travel to your destination; or b) Your accommodation or the resort in which your accommodation is based has been forced to close due to restrictions imposed by French Government or the local authority.
The following conditions apply in respect of any right to a refund under this clause:
c) All cancellations must be notified to us in writing by e-mail to sales@mrooms.co.uk. This applies whether you are currently in the accommodation or not; d) The right to cancel the first week of your booking in the above circumstances will not arise until 7 days before the scheduled arrival date (and only applies if the relevant restrictions are still in place at the time of cancellation); e) Upon cancelling the first week of the booking, your scheduled arrival date will be pushed back by 7 calendar days and will be treated as the ‘first week of your booking’ for the purpose of this clause; f) Upon notifying us of a valid cancellation in accordance with this clause, you will thereafter be entitled to a refund for so long as the restrictions are in place (and assuming that you do not decide to travel to the resort against government advice – which you are entitled to do); g) If you are already in resort when the restrictions set out under paragraphs (a) and (b) come into force, you have the option to either: i) Stay at the property. You will not receive a refund in this situation; or ii) Vacate the property. You will be entitled to a refund in this situation (equivalent to the cost of each night of your booking) for so long as the restrictions stay in place. If and when any restrictions are lifted you will no longer be entitled to a refund and so we recommend that you return to the resort as soon as possible to make the most of your booking with us. h) The entitlement to any refunds is reviewed on a weekly basis every Saturday, at which point we will calculate any monies that are refundable relating to any bookings for the period 7 days prior; i) Upon determining that any refunds are due (during our weekly review each Saturday), we will issue all refunds under this clause within 28 days.
3. When You Will Not Be Entitled To A Refund – All Bookings
Where we are still able to perform our contractual obligations to you, you will be not entitled to a refund. This includes the following circumstances:
- If you or a member of your party contracts Covid-19;
- If you have received communication from the UK Test and Trace system (or any such equivalent of this system if you do not reside in the UK) requiring you to self-isolate and/or you have otherwise come into contact with someone with Covid-19; or
- If the French government impose quarantine requirements on arrivals into France;
- If the government of your country of origin impose quarantine requirements upon your return from France.
We strongly suggest that you take out comprehensive travel insurance that will cover you for the above situations to allow you to recover any cancellation charges (please see clause 8).
23. Law and Jurisdiction. The contract is governed in all respects by English Law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking, resulting in proceedings, will be dealt with by the Courts of England and Wales only. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.