Mountain Village in the Sun - Holiday rental terms & conditions

The Contract:

Bookings can be made by telephone, fax, e-mail or post.

Bookings between Mountain Village in the Sun (hereafter called the Company) and the person making the booking (hereafter called the Client) are valid after:

(a) The appropriate deposit has been paid to the Company by either debit or credit card. If the client chooses to pay his deposit by credit card then it will incur an additional charge of 1% of the amount payable. There is no additional charge for paying by debit card.
(b) The booking has been confirmed to the Client in writing.

By paying his deposit the Client accepts these terms and confirms that he/she has read the General Information section. The information referred to on this page forms part of the contract. All items are important and your particular attention is drawn to the Client's Responsibilities section.

If there is not enough time for the Company to send the Client written confirmation, ie: the booking is made less than 14 days prior to departure, the contract will commence when the booking is confirmed. If payment is not received immediately, the Company reserves the right to cancel the booking and retain any deposit paid by the Client.

By signing the booking form the Client accepts responsibility for all the payments in respect of the booking. All documents and information will be sent to the Client for all the members of their party.

Payment:

The balance shown on the invoice must be paid 8 weeks prior to departure. No reminder will be sent. If the booking takes place less than 8 weeks prior to departure then the balance is due immediately. If the balance is not received at least 6 weeks prior to departure the Company reserves the right to cancel the relevant booking and retain any deposit held in respect of the same.

Amendments by the Client:

If, after confirmation, the Client wishes to change any details of the booking, the Company will use its best endeavours to comply.

The request should be made in writing.

An amendment fee of £15 per person for each person named on the booking form (maximum £45 per booking) in addition to the increase, if any, in the cost of the revised arrangements, will be charged for each detail of the booking changed, save in the case of a substitution when the fee will be £15 per person substituted.

In the event that within 6 weeks prior to departure the Client wishes to change the booking date to a later date, the cancellation charges specified below will apply. No refund will be made for unused accommodation or services during an independent variation of a booking.

Cancellation by the Client:

Any cancellation by the Client must be notified in writing directly to the Company. The cost of accommodation will only be refunded under the following terms:

If the notification of cancellation is received by the Company more than 42 days before departure, only the deposit will be retained by the Company.
If less than 42 then the following charges apply:
• 42-29 days - 30% of total cost.
• 28-15 days - 45% of total cost.
• 14-7 days - 60% of total cost.
• 7-0 and onwards - 100% of total cost

The Company recommends that the Client takes out holiday insurance which covers loss of deposits.

Amendments by the Company:

The Company endeavours to maintain descriptions on its website with the most up to date information available, however, some modifications and alterations to property may be made after the data is uploaded. If they are major and the Company is made aware, it will inform the Client; however, the Company cannot accept responsibility for minor changes, building work, water and mains services, neighbours and items beyond its control. See Company's Responsibilities section.

Occasionally changes may be made, which the Company reserves the right to make at any time. Most of these changes are minor, and the Company will advise the Client at the earliest possible date.

Cancellation by the Company:

The Company reserves the right in any circumstances to cancel a Client's accommodation booking. However, in no case will the Company cancel the Client's booking less than 8 weeks prior to the scheduled departure date, except for reasons of Force Majeure or failure on the Client's part to pay the final balance.

In circumstances where the Company is unable to provide the accommodation booked, the Company will offer the Client an alternative accommodation of comparable standard or return to the Client all monies paid for the accommodation.

If a cancellation occurs within 8 weeks prior to departure, then the Company shall pay the Client compensation on a similar scale to that shown above.

The Company is unable to accept responsibility for any aspect of a Client's holiday affected by matters over which it has no control (Force Majeure). If cancellation or change is brought about by war, riots, civil commotion, strikes, disasters, terrorist activities, technical problems with transportation which may affect the service of properties abroad, the re-scheduling or delay of aircraft or other transportation or other events outside the control of the Company, the Company shall not be held responsible in any way.

The Company reserves the right at all times to cancel or terminate a booking completely if the conduct of any member of any party is considered likely to cause offence, danger, damage or distress to others.

The Company's representatives, where they consider the behaviour to be unacceptable, are authorised to cancel a booking wherever and whenever necessary. The Company's responsibility will cease, and there will be no obligation to cover any expenses incurred by the party as a result of cancellation brought about in these circumstances; no claims will be accepted for refunds or compensation whatsoever and cancellation charges will be enforced.

Your attention is drawn to the fact that aircraft captains are legally entitled to deny boarding to any passenger presenting themselves at the aircraft, who, at the captain's absolute discretion, are unacceptably under the influence of drink or drugs. Any outbound flight not taken as a result of this will act as notice of cancellation, and the charges will apply.

Company's Responsibilities:

The Company accepts responsibility for ensuring the accommodation which the Client books is supplied as described on this website and the services offered reach a reasonable standard based on the information given within the website and documentation provided prior to departure.

If any part is not provided as promised, the Company will pay the Client appropriate compensation if this has materially affected the enjoyment of the accommodation. The Company accepts responsibility for the acts and/or omission of its employees, agents and suppliers except where they lead to death, injury or illness. The Company's liability in all cases shall be limited to a maximum of 2 times the value of the accommodation booking or that portion of it affected.

The Company does not accept liability for loss of main services such as electricity or water supplies, nor any actions taken in the vicinity of the property by any authority over which there is no control. Refunds or compensation would not be payable and cancellation charges would still apply.

With regard to building work, the Company would of course inform the Client of any building work that occurs at the Client's chosen property or in its grounds (save that being for maintenance). Work outside the boundaries of the property is beyond the Company's control; however, the Company will endeavour to inform the Client should it consider it may directly effect the description of the property or would materially effect any special request made by the Client - see Client's Responsibilities.

There may be occasions where an advertised facility is either modified or not available. Such situations may be dictated by local circumstances, necessity for maintenance/repair (eg swimming pools), unsuitable weather conditions, fuel shortages, power cuts and other circumstances beyond the Company's control. If the Company is advised of this it will endeavour to inform the Client, but the Company cannot be held liable in such circumstances.

The Company accepts responsibility for death, injury or illness caused by the negligent acts and/or omission of its employees or agents together with its suppliers and sub-contractors, servants and/or agents of the same whilst acting within the scope of, or in the course of, their employment in the provision of the Client's accommodation.

The Company will accordingly pay to its Clients such damages as might have been awarded in such circumstances under English Law.

Transportation:

If when a Client contacts the Company to book accommodation, the Client wishes the Company to arrange his transportation, the Company will recommend a reputable company to appoint to act as the Client's "agent" in contracting transport, hereafter referred to as the Agent.

The Company may receive a commission for this. When the Company has done so and the Client has paid the required deposit, the Company will confirm your accommodation booking in writing and accept the responsibility for the provision of the Client's accommodation from that point onwards. The provision of the Client's transportation shall remain the responsibility of the appointed Agent.

Your attention is drawn to the following: The Agent may request that flights are paid for in full at the time of booking. This may be necessary to enable the Agent to secure flights for the Client. If payment is not received from the Client when requested, the flights may be lost. The Company can accept no liability in such circumstances. If the Agent arranges flights or insurance on behalf of the Client, then any air fares and insurance costs are non-returnable in the event of cancellation by the Client.

The Company has taken all reasonable steps to ensure that agencies used by the Company in the UK and abroad are reputable. The Client accepts that the booking is subject to the terms and conditions of the Company and its suppliers. Details of these are available on written request from the Company. The Company will not accept any responsibility for events that occur within those terms and conditions.

Client's responsibilities and what the Client must tell the Company:

All baggage, including personal articles, are at all times and under all circumstances at 'owner's risk'.

The Company undertakes to provide Clients with the correct information with regard to passports and visa requirements for their journey but accepts no responsibility for the Client's failure to carry passports, visas or documents required for the journey.

All accommodation is booked exclusively for the persons named on the booking form. No other persons or pets may use the accommodation without the express permission of the Company.

The Company or its representatives shall be permitted access to the accommodation at all reasonable times during the occupancy by the Client.

Any loss or damage to the accommodation caused by the Client, or other persons occupying the property, and any extended stay beyond the period booked, will be charged by the Company to the lead passenger of the party.

All property owners insist that all and any damages are paid for, we therefore charge a small, non-refundable 'damage waiver" fee of £3 per person, up to a maximum of £9 per booking. This will cover accidental damage up to the value of £100. Some property owners have requested the Company to take a deposit to cover breakages and excessive use of services such as water and electricity. If a deposit is required the Company will inform the Client at the time of booking. The deposit (normally £50 - £100) is usually payable on arrival by credit card or cheque. This will normally be returned to the Client on departure provided no breakages/damage occurs. It would help if any item broken is replaced and reported to minimise costs.

Should, on arrival, the Client find any damage not caused by his party, the Company requests him to immediately bring this to the Company representative's attention.

The Client is requested to leave the property clean and tidy. The Company reserves the right to charge the Client if the property is left dirty and, in such circumstances, payment may be requested on site by the Company representative.

Acommodation preference is personal to individuals and the Company aims to provide the Client's requirements. In the "accommodation detail" descriptions of property in this website the Company describes the factual detail of accommodation. Such items as descriptive opinions, location, approach, aspect and contents will vary. Should a Client feel that any of these elements require clarification please ask.

Everyone's interpretations and expectations are different; for example, a steep hill, no dishwasher and an inland view may be of little consequence or even desirable to some, while for others this would detract from the enjoyment of their holiday. If the Company is told in advance in writing of any priorities or needs it can usually deliver these requirements.

Without this, subsequent claims on the Client's return are impossible for the Company to entertain. Similarly should the Client have a disability or special request please check with the Company so it can make suitable enquiries, provision and arrangements. Please note some airlines refuse to fly ladies who are more than 28 weeks pregnant (this applies to the return date). Please check at the time of booking.

Complaints Procedures:

Should the Client, while staying in the Company's accommodation have any reason to complain, the property owner/caretaker/agent should be initially informed and given the opportunity to investigate and rectify.

If this is not possible, or a solution to the Client's satisfaction not found, the Company's local representative must be informed and an Accommodation Report Form requested and completed.

In most circumstances a remedy will be found and the Client will be asked to sign to that effect and that no further action will be sought or needs to be undertaken by either party.

If the Company's area manager is unobtainable or the Client is not entirely satisfied, then he should contact the Company in the UK and register his complaint so that the Company can contact its agents to resolve the problem.

Finally, if the matter has not been concluded, the Client should follow up on his return home by writing to the Company within 28 days enclosing his completed Accommodation Report Form stating what course of action/settlement he is seeking.

These procedures have been formulated because the Company's aim is that all Clients are satisfied with the services and accommodation it supplies and ensures the Company is always given the opportunity to correct any problems at source.

In the extremely unlikely event that this is not done to the Client's satisfaction it means that the causes of his dissatisfaction are properly logged so that the Company can consider any claims the Client wishes to make in the light of signed and agreed documentary evidence.

If these procedures are not adhered to, and/or no opportunity is given to the Company to remedy the situation, the Company will not accept any liability to subsequent claims.

This is a strict condition of the Company's terms in accepting the Client's booking but does not effect the Client's statutory rights.

Prices:

All prices on this website are in Sterling and the Company reserves the right to change its prices any time prior to the Client booking, Government action, such as increases in VAT or any other Government imposed increases to currency in relation to adverse exchange rate variations.

Where a surcharge is payable there will, in addition, be an administration charge of £1 together with an amount to cover agents' commission. If the surcharge amounts to more than 10% of the accommodation price, the Client will be entitled to cancel his booking with a full refund of all money paid for his accommodation, except for any amendment charges.

Should the Client decide to cancel because of this he must exercise his right to do so within 14 days from the issue date printed on the invoice.

The Company also reserves the right to revise prices for new bookings in the event of any changes.

Prices on this website are based on the exchange rate of 1.4534 Euros to the pound.

Travel insurance:

The Client must make adequate travel insurance arrangements and the Company will be happy to recommend a reputable Agent. If the Client wishes to make alternative insurance arrangements to those recommended by the Company, and obtain at least comparable cover, the Client must sign an additional indemnity form to that effect.

Law:

These conditions shall be governed by English Law.

Information on this website is believed to be correct at time of upload. Last updated 23/10/06

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