Conditions générales

TERMS & CONDITIONS

Our Liability and Basis of Contract

“Avoriaz Chalets” is a trading name of Chalets Marketing Limited. We are not a package organiser under the Package Travel and Linked Travel Arrangements Regulations 2018, as amended. Instead, we act purely as agents, on behalf property owners and/or operators, to take and arrange bookings for such owners/operators. We also offer the ability to book independent transport arrangements, ski/board lessons, lift passes and ski/board equipment hire through a separate company, acting as agent

We do not own or operate the properties and YOUR CONTRACT FOR THE RENTAL IS WITH THE RELEVANT PROPERTY OWNER OR OPERATOR. Chalets Marketing Limited is not a party to the contract for the provision of your holiday accommodation.

Our obligations to you are limited to the proper receipt and making of the booking and confirming the relevant details to the owner/operator. When you submit a booking via our online reservation system you will receive an automatically generated booking summary by email to the email address you provide in the booking form. This does not form a contract. A contract shall only arise when your booking is subsequently confirmed in writing via a letter of confirmation sent to you by email. If this service is not provided to a reasonable standard due to the fault of our representatives, agents or suppliers, we will pay you appropriate compensation if this has affected the enjoyment of your holiday. However, we will not be liable where any failure in the performance of our services to you is due to:-

• your actions or omissions; or
• a third party unconnected with us; or
• where the failure is unforeseeable or unavoidable; or
• force majeure as shown below.

In any event our liability shall be limited to a maximum of the cost already paid by you, for your booking with us.

Once the initial payment has been made and a confirmation has been issued a legally binding contract shall exist between you and the relevant property owner/operator pursuant to which the property will be made available to you and your party for the period set out in the booking.

We always try to ensure that all properties on our website or in any other promotional literature are fairly and accurately described prior to going to press. Occasionally, owners/operators may make changes or improvements to the properties after publication. In these situations, Chalets Marketing Limited cannot be held responsible.  However, if we believe this will have an adverse effect on your holiday, every effort will be made to inform you in good time.

These terms and conditions shall be governed by the laws of England.

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The following terms apply to all contracts made with the relevant owners/operators.  Please note that the owners/operators may have additional or alternative terms and conditions and where this applies you will be advised accordingly at the time of booking.

Booking Procedure

Bookings will only be accepted from an adult member of the party. We, on behalf of the owners/operators, are entitled to assume that the person making the booking has been authorized to do so by the other members of the party and so accepts these terms and conditions and any further terms and conditions imposed by the property owner/operator on behalf of every member of the party. The right to refuse a booking is reserved.

Should you have any special requests they should be advised to us in writing at the time of booking. We will endeavour to get the relevant property owner/operator to accommodate your requests. Any special requests agreed by the property owner/operator and the terms will be shown on your confirmation. Please note any special requests or alterations advised after the booking has been confirmed may incur an administration fee. 

Type of agreement

The owner/operator grants a licence to you under these conditions and any other terms and conditions that they may impose for the purpose of a holiday.  It is not intended to create a landlord and tenant relationship between the parties. 

The use of the property

The licence granted to you to occupy the property is personal to you. The property must be used solely for the purpose of a holiday during the relevant booking period, and not for a longer period. If any member of the party or you yourself do not vacate by the notified departure date, the owner/operator shall be entitled, apart from other remedies, to retain your full security deposit and in addition charge you a daily fee proportionate to the holiday rental for the period until the property is finally vacated. Where your unauthorised occupation prevents another guest from commencing their holiday, legal action may be taken. You and your party, but no more than the number of people indicated on our website or in any promotional literature or on your booking confirmation, are permitted by the owner/operator to occupy the property only for the period paid for. Use of properties for business, immoral or for any other purpose except that of a holiday is expressly excluded.

Holiday Deposits and Final Payments

When you make your booking, you must pay a deposit of 25% of the total holiday cost. The second payment of 75% is due 60 days before the date of the holiday. For bookings made within 60 days of arrival the initial payment will be 50% and for bookings made within 4 weeks of arrival the full 100% will be payable.

If the deposit and/or balances are not paid in time we shall be entitled, as agent for the owner/operator, to cancel your booking. If the balance is not paid in time your deposits paid will be forfeited.

Security Deposit Charge

A security deposit is required to cover against breakage, loss or damage to the property and the furniture/contents and for any goods or services received which are not paid for. This will usually be taken as a pre-authorisation against a valid credit card on or prior to your arrival and, in most cases, no actual charge will be made.

The normal authorised amount is €1,000. Owners/operators reserve the right to increase the Security Deposit for groups under the age of 25 years or to take cash if the credit card is not valid.

In the case of retention, the owner/operator, through us, will explain the charge and the reason for it.  Any dispute in respect of any charges is solely between you and the relevant property owner/operator.

Insurance 

We strongly recommend that you take out an insurance policy to cover cancellation and/or curtailment. Additionally, under French law you are required to be insured for third party liability, which will generally be included in any travel insurance. If you fail to make appropriate insurance arrangements in a timely manner, neither Chalets Marketing Limited nor the relevant property owner/operator will be liable for any losses or expenses which you may incur for claims which might normally have been covered by insurance in respect of circumstances for which we or the relevant property owner/operator are not responsible. 

Alteration or Cancellation of booking by you

You are permitted to request one alteration to your holiday after we have sent your invoice. The relevant owner/operator will use reasonable endeavours to meet your request, but it may not always be possible. Requests for alterations must be made in writing by the person who made the booking. You may be charged for any further costs we or the relevant owner/operator may incur or are required to pay in making this alteration, for example if the new booking date is of a different value. 

If you alter any arrangements during your holiday (for example, checking out of the accommodation early) neither we nor the relevant owner/operator will be liable for any expenses you incur, nor will there be any obligation to refund any payment for unused accommodation or services.

If you or any member of your party wishes to cancel the holiday for any reason, the person who made the booking must inform us by letter or email. You will be charged cancellation fees by the owner/operator up to the maximum shown in the table below 

If you are prevented from taking your holiday you may be able to transfer your booking to someone who could have booked the holiday originally, subject to the approval of the relevant owner/operator and any other relevant suppliers. You must give reasonable notice before the check-in date to enable us to change the booking. A 100 Euro transfer fee will apply and you will also be charged for any further costs we or the relevant owner/operator are required to pay in making this alteration.

 

No of weeks before check-in when we receive your cancellation	Amount of cancellation charges expressed as a percentage of the total holiday price.
More than 9 weeks	25 % charge or granted a 100% voucher  to change date once
More than 6 weeks	50%
Less than 6 weeks or no show	100%

Alteration or cancellation of the booking by owner/operator

Although owners/operators make every reasonable effort to avoid closing a property, should your booked property become unavailable, due to damage or unseen consequences, we, as agent for the relevant owner/operator, may have to alter or cancel your holiday. If so, you will be informed as soon as possible, and we or the relevant owner/operator will try to offer you alternative arrangements with any appropriate price adjustments. This cover does not apply if the closure is of the resort rather than the individual property.

In all cases, the maximum compensation is the total sum paid to date for the rental. This compensation will be in the form of a voucher to be used to rebook with Avoriaz Chalets in that or the following season. We, and the owners, cannot take any liability for any further costs or losses, these items are your responsibility to be covered by travel insurance. 

‘Force Majeure’

Unless stated otherwise, we regret that neither Chalets Marketing Limited nor the owner/operator of the property can, either jointly or individually, accept liability or pay any compensation where the performance or prompt performance of the obligations under your contract is prevented or affected by or you otherwise suffer any damage or loss as a result of ‘force majeure’.  In this case, ‘force majeure’ means an event beyond the reasonable control of the owner/operator and/or Chalets Marketing Limited, which, even with all due care, could not have been foreseen or reasonably avoided including, but not limited to; strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, pandemic, Covid-19, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, unpredictable failure of utilities such as the partial or full loss of water or power, insolvency or bankruptcy of an owner/operator or other service provider, fire, adverse weather conditions, flood, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.

Snow Conditions

No responsibility can be taken by property owners/operators for the condition of the snow or the availability of winter sports in resort and a lack of snow or other adverse conditions will not affect the level of cancellation charge should you choose to cancel. The owner/operator’s local representatives will try and give you every advice and guidance on making the best of the conditions.

Household pets

Due to the high standard of decoration and furnishings, no animals, including birds or reptiles, are permitted in the properties. The unauthorised presence of animals will lead to an immediate cessation of the contract and loss of all monies paid. 

Free Wi-Fi provision

All the properties have a free, unlimited Wi-Fi connection to an internet service for guests’ use. The service speed is generally high as they fibre-optic or private broadband. The mountain location of Avoriaz and the distance from the exchange in the valley can make the speeds variable or prone to weather interference. 

Lost Keys

We regret, but the loss of any key for the property will result in a €250 charge as the full lock and all the keys will need to be replaced. Identifying tags are provided for every key.

Smoking 

No smoking is permitted within any property. Guests may smoke on the balconies but if so they are responsible for cleaning all cigarette ends etc. before departure. Unauthorised smoking within a property will result in an extra cleaning charge of €200.

Your duties and obligations

You are obliged to:-

• permit the owner/operator or their representatives to enter the property to inspect the state of it and to carry out necessary works of maintenance or repair, at all reasonable times upon 24 hours’ prior notice either in writing or by telephone call, or in the event of emergency without notice, causing as little inconvenience to you as reasonably practicable and making good any damage caused.
• not cause any damage to the walls, doors or windows of the property.
• keep the property and the furnishings, kitchen equipment, crockery, glasses, bedding and towels clean and in good condition and be responsible for repairing any damage caused by you during the holiday period.
• not do anything that may reasonably be considered to cause a nuisance or annoyance to the owner/operator or to any other occupier of adjoining or neighbouring premises.
• ensure that the property is securely locked and windows secured when you are not in residence.
• not do or permit any act that would make any insurance policy on the property void or voidable or increase the premium.

The owner/operator reserves the right to repossess the property if excessive damage has been caused by you or a member of your party without liability to pay compensation. 

Liability for loss 

All necessary steps must be taken by you and your party to safeguard personal property.

No liability is accepted by the owner/operator in respect of damage to, or loss of, such personal property except where the damage or loss is caused by any act neglect or breach of statutory duty by the owner/operator. Chalets Marketing Limited acts only as agent for the owner/operator, so cannot accept any liability for any act neglect or breach of statutory duty by the owner/operator or anyone representing such owner/operator.

Any material health and safety concerns arising from the condition of the property should be reported to the relevant owner/operator’s local representative without delay.  You and all members of your party are expected to take due care of their own health and safety and that of others around them. Extra cleaning protocols will be in place for Covid-19 safety, in line with French regulations and guidance.

Complaints

If you have any complaint about any aspect of your holiday, you must report it the owner/operator, at the earliest opportunity. This will mean reporting it to the owner/operator’s local representative whilst you are in resort. Immediate reporting is essential to give them the chance to put matters right, and to minimize the disturbance to your holiday. If you fail to follow this simple procedure they will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.

Owners/operators are unable to accept responsibility for work taking place outside the boundary of a property.  This also applies to noise or nuisance resulting from third party activity over which they have no control

Contact and Applicable Legislature

Avoriaz Chalets is a trading name of Chalets Marketing Limited a company registered in England and Wales (Co No 07241226) whose registered office is at HJP, Audley House, Northbridge Road, Berkhamsted, HP4 1EH, United Kingdom

Contact should initially be via email to info@avoriazchalets.com or by telephone to +44 (0)333 300 3407.