Conditions Générales

1 Introduction

1.1 You must read these terms and conditions carefully before booking your holiday with Mountain Spaces. As the lead guest (the person making the booking) you are accepting these terms and conditions on behalf of all persons within the group.

2 Jurisdictions and French Law

2.1 Mountain Spaces

SARL Mountain Spaces 934 Route du Crêt
74430
Seytroux
SIRET: 507 743 045

Hereby referred to as, Mountain Spaces us, we and our. Mountain Spaces is a wholly French registered company.

2.2 The lead guest is the person making the booking herby referred to as you or your.

2.3 These terms and conditions and any contractual or non-contractual obligations arising out of, or in connection with it are governed by French Law.

2.4 The courts of France have exclusive jurisdiction to settle any dispute arising out of, or in connection with, these terms and conditions.

2.5 Any person who is not a party to the booking contract and therefore these terms and conditions, has no right to enforce any term of the booking contract.

2.6 Package travel regulations and linked travel arrangements do not apply to the products or services provided by Mountain Spaces.

2.7 Once your booking with us has been confirmed, Mountain Spaces can assist you in sourcing many of the extra services or products you may need when you are on holiday but our help in organizing or recommending products or services from a third party does not constitute a ‘package holiday’ or provision of ‘linked travel’.

3 Making a booking

3.1 Any exceptions to this section as a result of COVID may be found in Appendix 1 – Mountain Spaces COVID policy

3.2 All written quotes or offers are valid for fourteen days from the date of sending.

3.3 To enable Mountain Spaces to confirm a booking you must complete and return the booking form along with a non-refundable deposit equal to 25% of the total booking price.

3.4 The deposit is non-refundable in all circumstances as it covers a portion of the fixed overheads and administrative costs incurred by Mountain Spaces.

3.5 The remaining balance of 75% of the total booking price will be due ten weeks before your arrival date.

3.6 If the date of booking is within ten weeks of your arrival date, the full balance including the 25% non-refundable deposit will be due at the time of booking.

4 Contracts and Payments

4.1 All payments to Mountain Spaces must be made in the currency indicated on the booking form.

4.2 Payment can be made by bank transfer, Credit or Debit Card. We accept Visa or MasterCard.

4.3 Your booking is not confirmed and a booking contract does not exist until Mountain Spaces has received the booking form, the relevant payment and has sent booking confirmation to the lead guest.

4.4 The booking contract exists soley between Mountain Spaces and the lead guest.

4.5 Failure to pay any amount due to Mountain Spaces on request will constitute a breach of contract and will result in cancellation of the booking by the lead guest, the cancellation and any relevant charges will be dealt with as such and the holiday dates will be re-offered for sale.

4.6 By accepting these terms and conditions the lead guest confirms that they have brought them to the attention of each member of the party; agrees to bring the booking conditions to the attention of anyone who is added or substituted at a later date; and guarantees to pay the full costs of the holidays of all those persons mentioned in the booking and of anyone who is added or substituted at a later date.

4.7 By agreeing to these terms and conditions you agree to not attempt to recover the non-refundable part of the contract via your credit or debit card provider, except in the case where Mountain Spaces ceases trading due to bankruptcy and cannot provide the booking. Attempting to recover the non refundable part of your contract via your credit or debit card provider incurs significant administrative and legal costs. Mountain Spaces reserves the right to recover these costs from you.

5 Amendments to the booking by the lead guest

Any exceptions to this section as a result of COVID may be found in Appendix 1 – Mountain Spaces COVID policy

5.1 Any request to amend an existing booking must be made in writing to Mountain Spaces by the lead guest.

5.2 Any request made by the lead guest will not form part of the booking contract unless the amendments are confirmed by Mountain Spaces and any relevant payments requested by Mountain Spaces to cover any increase in the booking price are paid.

5.3 Any request to change the dates of a booking to a different season will be treated as a cancellation request.

5.4 Any request to change the dates of a booking within ten weeks of the arrival date may be treated as a cancellation request.

5.5 Any other request to change dates or accommodation will be accommodated where possible, subject to availability and the payment of any resulting increase in booking price for the dates or accommodation requested.

5.6 In the case of a booking being amended Mountain Spaces reserves the right to remove any discounts or reductions applied to the original booking.

6 Amendments to the booking by Mountain Spaces

Any exceptions to this section as a result of COVID may be found in Appendix 1 – Mountain Spaces COVID policy 1

6.1 In the unlikely event we are obliged to make a significant change to your booking we will inform you in writing and you may choose to:
– Accept the new holiday arrangement
– Cancel your booking and receive a full refund

6.2 You must notify us of your choice within seven days of receiving the amendment or it will be assumed that you have accepted the proposed holiday arrangement.

7 Cancellation of the booking by the lead guest

Any exceptions to this section as a result of COVID may be found in Appendix 1 – Mountain Spaces COVID policy

7.1 Under French law, if the accommodation you have booked is available to be occupied but you are unable to, or decide not to occupy the accommodation, Mountain Spaces may treat this as a cancellation by the lead guest and may proceed as per the terms laid out in this section.

7.2 Failure to pay any amount due to Mountain Spaces on request will constitute cancellation of the booking by the lead guest.

7.3 Mountain Spaces strongly advises that travel insurance is taken out by the lead guest and that the terms of the travel insurance are sufficient to cover your booking and the circumstances of possible cancellations by you as the lead guest.

7.4 Charges for cancellations of the booking by the lead guest as a percentage of total booking price

More than 70 days prior to arrival –         25% (i.e. loss of deposit)
69 to 45 days prior to arrival –                   50%
44 to 35 days prior to arrival –                   75%
34 days or fewer days prior to arrival –   100%

7.5 Where the full balance has been paid Mountain Spaces will refund any difference, minus the relevant cancellation charges, otherwise Mountain Spaces is entitled to recover any outstanding amounts due.

8 Cancellation of the booking by Mountain Spaces

Any exceptions to this section as a result of COVID may be found in Appendix 1 – Mountain Spaces COVID policy

8.1 In the unlikely event Mountain Spaces cancels your booking we will inform you in writing and will refund any payments made by the lead
guest as part of the booking and will offer an indemnity payment as follows.

8.2 Indemnity payments to the lead guest as a result of cancellation as a percentage of total booking price

More than 70 days prior to arrival –         25%
69 to 45 days prior to arrival –                   50%
44 to 35 days prior to arrival –                   75%
34 days or fewer days prior to arrival –   100%

9 Cancellation by Force Majeure

Any exceptions to this section as a result of COVID may be found in Appendix 1 – Mountain Spaces COVID policy
NB: COVID-19 is now a known, foreseeable problem and as such, under French law is no longer considered as a force majeure.

9.1 Force majeure is a legal term covering cancellation due to insurmountable, unforeseeable, unavoidable and external events and includes but is not limited too warfare, civil unrest, terrorist activity, natural disasters etc.

9.2 If your booking is cancelled by force majeure, Mountain Spaces will not liable to pay any form of compensation or indemnity or be liable for any costs incurred by the lead guest or any of their party as a result of onward travel restrictions or otherwise incurred.

9.3 As a gesture of goodwill, Mountain Spaces will, in the case of cancellation by force majeure, refund 50% of any payments received as payment towards the booking price.

10 Arrival and Departure

10.1 Check in to the chalet is from 16h00 on your arrival day, this is when your booking begins. If you arrive before this time we will try to store your luggage for you, but cannot guarantee secure storage of luggage and Mountain Spaces will not be liable for any lost or stolen items.

10.2 Check out from the chalet is at 10h00 on your departure day and this is when your booking ends. If you depart after this time we will try to store
your luggage for you, but cannot guarantee secure storage of the luggage and Mountain Spaces will not be liable for any lost or stolen items.

11 Hot tubs, saunas and log fires

11.1 Use of hot tubs and saunas, where provided, is at the sole risk of the guest and Mountain Spaces accepts no responsibility for accidents or injuries as a result of their use or misuse.

11.2 The water in our hot tubs is usually but not always changed once a week on changeover day, as such the water will not be warm for up to 15hrs from the time of check in.

11.3 Should any of these facilities develop a fault Mountain Spaces will endeavour, but can not guarantee that the fault will be rectified during your stay and will not liable to compensate for any inconvenience.

11.4 Guests must read and follow the notices in the chalet regarding the hygienic use of hot tub and sauna facilities. The lead guest will be liable for any damage or additional cleaning caused by a failure to do so.

11.5 Mountain Spaces reserves the right to close the hot tub if it is apparent that it is being wilfully misused and/or the hygiene rules are not being followed. If this is the case, no compensation will be offered.

11.6 Only logs provided by Mountain Spaces are to be burnt on the fire, the fire must not be loaded with more than three logs at a time and the glass door must be kept shut when the fire is lit.

11.7 Ash must never be removed from the grate using a standard vacuum cleaner and ash must not be removed and placed in the rubbish until all ash is at room temperature.

11.8 The fire must be supervised at all times when lit.

12 Insurances and Security Deposit

12.1 It is a condition of booking that every guest is covered by personal holiday or travel insurance sufficient to cover each guest adequately for third party risks and damage, accidental or otherwise to the chalet caused by members of your group mentioned on the booking form or by visitors to your group in the chalet.

12.2 We may ask for details of your cover in conjunction with payment of the security deposit.

12.3 Mountain Spaces will require a security deposit to cover any additional costs or damage to a chalet during your holiday. This must be in the form of valid credit or debit card details that will be pre-authorised before your arrival and will be cancelled at the latest 10 days from your check out.

12.4 This includes additional cleaning costs if the chalet is not left in the state as described in the security deposit form.

12.5 Mountain Spaces cannot guarantee to check and validate any damages or the condition of the chalet until 48 hours after your departure and any damage resulting in the need to obtain a quote or price for repair may result in the pre-authorisation taking longer than 10 days to cancel.

12.6 Any additional costs incurred will be charged to the pre-authorised card, in the event of the pre-authorisation amount not being sufficient to cover the additional cost the lead guest will be invoiced and any outstanding sums will be payable immediately.

12.7 Failure to secure the chalet by locking or closing doors or windows leading to theft or damage of Mountain Spaces equipment or the chalet itself will result in the cost being deducted from the security deposit.

13 Additional services

13.1 Mountain Spaces may recommend 3rd party services or suppliers that we have worked with previously and who have a track record of excellent service.

13.2 Where we help you to arrange a booking for additional services and the contract remains between you and the 3rd party supplier, Mountain Spaces will not be liable for the provision of these services and/or the acts or omissions of the 3rd party or their employees or other personnel.

14 Limits of Liability

14.1 Mountain Spaces endeavours to make sure that the holiday you book with us is supplied and the services performed or provided by us are performed or provided using reasonable skill and care. If any part of your holiday is not provided as promised, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.

14.2 We accept responsibility for the acts/omissions of our employees or agents, suppliers and subcontractors where they were, at the time, acting in the course of their employment or carrying out work that we had asked them to do under a contract of agency or supply with Mountain Spaces. In

all cases (except where personal injury, death, loss and/or damage to luggage or personal possessions results) our liability is limited to the relevant holiday price of the person(s) affected. It is a condition of this acceptance of liability that you notify us of any claim in writing within 28 days of your return from your holiday.

14.3 Mountain Spaces 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:
the act(s) and/or omission(s) of the person(s) affected;
the act(s) and/or omission(s) of a third party unconnected with the provision of the services covered by these terms and conditions which were unforeseeable or unavoidable;
unusual or unforeseeable circumstances beyond our or our supplier(s) control, the consequences of which could not have been avoided even if reasonable due care had been exercised;
an event which either Mountain Spaces or our supplier(s) could not, have reasonably foreseen or forestalled.

14.4 Clients must act with care at all times since the temperature and weather conditions do not always guarantee that ice and snow can instantly be removed from all areas around the chalets – we accept no liability for accidents/injuries occurring under such circumstances.

14.5 Mountain Spaces shall not be liable for any loss, delay or costs connected with, or arising out of, adverse weather conditions, including blocked roads, missed flights and airline delays. If, as a result of force majeure, you miss your return departure and extra accommodation or alternative travel arrangements are required, we will not be responsible for this cost.

14.6 If you become ill whilst staying in one of our chalets and cannot travel to your next destination, Mountain Spaces does not accept liability or responsibility to provide you with accommodation beyond your contracted booking dates. Should you refuse to leave or if there is any delay in you leaving the property you will immediately become liable for any costs incurred by Mountain Spaces.

14.7 Clients are responsible at all times for their own personal documents, for their baggage, belongings and ski equipment whether hired or not. Mountain Spaces will not be liable for any loss or damage and Clients must take out adequate insurance.

14.8 We will try to meet any special requests but cannot guarantee to do so. Please note that special requests do not form part of our contractual agreement and we will have no liability if they were not met.

14.9 If, in respect of any matter or circumstance which would give rise to a claim against us, you are entitled to claim under any policy of insurance
or seek reimbursement from a third party, then no claim shall be brought against us, unless and until you have made a claim against your insurers and/or such third party and used all reasonable endeavours to pursue such claim. Our liability in respect of any related claim shall then be reduced by the amount recovered under such policy of insurance and/or from such third party or extinguished if the amount recovered exceeds the amount of the claim.

14.10 If we make a payment to you in respect of a claim and you (or another member of your group) subsequently recovers from an insurance provider and/or a third party a sum which is referable to that claim, you shall promptly repay to us the lower of the amount: (a) recovered from such third party and/or insurance provider; and (b) paid by us to you in respect of the relevant claim.

15 Rights of Refusal

15.1 Mountains Spaces reserves the unconditional right to terminate a holiday with immediate effect in the event of unreasonable or inappropriate conduct by one or more of the booking party or persons invited into the chalet by the booking party.

15.2 Unreasonable or inappropriate conduct is defined as behavior or actions that may cause damage or danger to property or other persons, customers or employees of the company.

15.3 In the event of a termination, it shall be considered as a cancellation by the lead guests and Mountain Spaces will not be responsible for, or compensate for any additional accommodation, transport or other incidental costs incurred by the lead guest or guests.

16 Descriptions

16.1 Every effort has been made to describe all aspects of our properties and services accurately but we reserve the right to make minor changes at any time.

16.2 All photographs are either of, or are representative of our properties or services but we do not guarantee that properties or services will be exactly as described.

16.3 Any item or service that is not expressly mentioned as provided is included is at the discretion of Mountain Spaces. The company reserves the right to make changes without notice and at any time.

17 Privacy and data protection

17.1 Any information or personal details we collect during the booking process or during your holiday will not be used for any other purpose other than booking and confirming your holiday and details. We will not pass your details on to any 3rd parties or companies unless you specifically instruct us to enable the booking of transfers, ski hire, lessons or other services or goods. All companies we work with operate similar privacy policies. Your contact details will only be kept for future correspondence with your permission.

Appendix 1 – Mountain Spaces COVID policy

COVID-19 is now a known, foreseeable problem and as such, under French law is no longer considered as a force majeure.

Under French law, if the accommodation you have booked is available to be occupied, any cancellations due to COVID-19 (inability to travel, subsequent imposition of quarantine making travel impractical etc) will be treated as a cancellation by the client (lead guest).

Therefore Mountain Spaces has set out the terms of this appendix to offer our guests as much additional flexibility as possible with regards to cancellations and amendments.

If within 7 days of your scheduled arrival date there is, due to COVID-19

– A closure of the entire Portes du Soleil ski area and the lift network.
– A travel ban imposed preventing the lead guest travelling to or from the accommodation and to or from their country of departure
– A legal requirement for the lead guest to self-isolate or quarantine on their return to their country of residence.

Mountain Spaces will offer you one of the following alternatives:

Option 1 – 75% Refund
A refund will be made of any payments made towards the booking price, minus 25% of the total booking price which covers a portion of the fixed overheads and administrative costs incurred by Mountain Spaces.

or

Option 2 – 100% Credit Note
The full balance of your holiday will still be due as per the original booking. Once this has been received Mountain Spaces will issue a credit note for 100% of the value of you booking, to be used by the lead guest against any booking with an arrival date before 31st August 2022.

If a credit note is not used in full to pay for a future booking the balance will not be refunded but and remaining credit may be used against and further bookings starting before 31st August 2022.

Once a credit note has been used as payment for a booking that booking will be subject to our terms and conditions as per any other payment made against a booking.