Terms and Conditions
It’s dull but necessary so here we go…! 1.   This   agreement      The   following   booking   conditions   form   the   basis   of   your   Holiday   Agreement   with   SARL   Action   Mountain.com. They set out our respective rights and obligations and you should read them carefully before confirming your booking. 2.   Our   Company   details      Action   Mountain   Alpine   Holidays   and   Action   Mountain.com   days   are   trading   names   of   SARL   Action Mountain.com,   registered   in   France   No.   490134228.   The   registered   address   is   1481   Route   de   la   Villaz,   74430   St   Jean   d'Aulps, France. 3.   Your   Booking       To   make   your   booking,   you   must   complete   our   online   booking   form   or   call   us   on   the   number   provided.   A booking   confirmation   letter   will   then   be   emailed   to   the   party   leader   who   thereby   agrees   to   abide   by   our   terms   and   conditions.  The   confirmation   letter   will   include   any   special   arrangements   we   have   agreed   to   provide   and   forms   part   of   your   Holiday Agreement. Please check the confirmation letter carefully as soon as you receive it and raise any queries immediately. 4. Your agreement with us  A binding contract between us comes into existence when we dispatch our confirmation letter and invoice to you. This contract and all matters arising out of it are governed by French law. In the unlikely event of any dispute between us, we both agree this will be dealt with by the courts of France. 5. Your Payment  The party leader is responsible for all payments due to SARL Action Mountain.com. A deposit of £150 per person must be made at the time of booking and the remaining balance must be received by us at least 12 weeks prior to arrival. For bookings made 12 weeks or less before arrival, full payment is required at the time of booking. If payment is not received in full and on time, we reserve the right to cancel your booking and charge the cancellation charges set out in Condition 9 below. You may pay by direct bank transfer via Currency Fair with a £3 fee or by Visa/Mastercard (card payments incur a 1% fee). All payments are processed in euros and our current exchange rate is displayed on the Prices page. 6. Your holiday cost  We reserve the right to increase or decrease the prices of unsold 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 guarantee not to surcharge any existing booked arrangements. This guarantee does not cover changes by you which may add to the facilities or services you receive and which may involve additional costs. Costs charged by carriers with whom you have a separate contract - even if arranged by us - may be subject to surcharges. 7. Your Insurance  You must have full insurance with Wintersports cover for your holiday. We may ask you to provide us with written details of your insurance policy at the time of final payment. Please ensure you read your insurance policy document as soon as you receive it and bring it on holiday with you. It is your responsibility to ensure the insurance cover you purchase  is suitable and adequate for your requirements. 8. Changes made by you  Should you wish to make any changes to your arrangements after they have been confirmed, you must advise us in writing. Whilst we will endeavour to help you, we cannot guarantee we will be able to meet any such requests. In the case of a change of booking date, we may impose the cancellation charges stated in Condition 9. 9. Cancellation made by you  Should you or any member of your party need to cancel your chosen holiday once it has been confirmed, the person who signed the booking form must immediately advise us in writing. Cancellation charges will then be payable as set out below to compensate us for the cost of making your booking and the risk that we may be unable to re-sell your cancelled booking. These charges are calculated from the date written notice of the cancellation is received by us as a percentage of the total price payable and any amendment charges which are non refundable in the event of your cancellation: More than 56 days - cost of deposit 56-42 days - 30% 41-28 days - 50% 27-14 days - 75% Less than 14 days - full cost of holiday 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. In the case of booking through a third party agent or tour operator, ANY cancellation will be subject to a maximum refund of 88% to cover our costs. 10. Changes and Cancellation made by us  Occasionally, it may become necessary for us to make alterations to our website, brochure and/or other details, both before and after bookings have been confirmed and we reserve the right do so.  Significant” changes could include: a change of accommodation to a lower standard for the whole or part of your holiday; a change in the accommodation area for the whole or part of your holiday; or the withdrawal of a number of our advertised activities for the whole or a part of your holiday. Most other changes are treated as “minor” changes. In extreme circumstances, we reserve the right to cancel your holiday. We will only do so within 8 weeks of departure if you have failed to make payment in full and on time or we are forced to do so as a result of unusual and unforeseeable circumstances beyond our control. Where your holiday is cancelled other than due to your default in payment or if we make a significant change o your holiday, we will advise you as soon as possible and if there is time to do so, offer you the following choices: - accepting the changed arrangements as notified to you or - purchasing an alternative holiday, of a comparable standard if available (up to the value of your holiday booked with us) or - cancelling your holiday and receiving a full and prompt refund of all monies paid to us. If a significant change or cancellation is made by us 8 weeks or less before departure, we may also pay you compensation as detailed below subject to the following exceptions: 1. compensation will not be payable and no liability beyond offering the above mentioned choices will be accepted where the change is made as a result of unusual and unforeseeable circumstances beyond our control. 2. where an insufficient number of people book your chosen holiday and we notify you that we are cancelling for this reason not less than 4 weeks before departure. Any liability we have is limited to offering the above choices and the compensation payments (where applicable) set out below. Furthermore, no compensation is payable if we notify you of any change more than 8 weeks before departure and we cannot be responsible for any costs or expenses you may incur as a result of any change.  Minor changes do not entitle you to cancel or change to another holiday without paying the normal charges and no compensation will be paid by us. The compensation per person before departure for any significant change or cancellation by SARL Action Mountain.com is:- More than 56 days = zero compensation 56-29 days = £30 28-14 = £50 Less than 14 days = £75 11. Force majeure  We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by 'force majeure'. In these booking conditions, 'force majeure' means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid,  such as but not limited to war or threat of war, riots, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside of our control. 12. Our liability to you  We accept responsibility for ensuring that all parts of our contract with you are properly performed subject to the following exceptions. We cannot accept liability where any failure to perform or improper performance was due to:- 1. the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or 2. those of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable   or 3. an event which either ourselves or the supplier of the services in question could not have foreseen or forestalled even with all due care. 4. Activities with SARL Action Mountain.com - if you carry out any activities with a member of SARL Action Mountain.com, its staff or representatives, we cannot take any responsibility for injuries howsoever caused. At all times clients must use their own judgements based on their abilities, and all activities are at their own risk. In all cases except where personal injury, illness, death, loss and/or damage to and/or of luggage or personal possessions (including money) results or a lower limitation applies, our maximum liability is limited to twice the price (excluding insurance premiums and amendments charges) paid by or on behalf of the person(s) affected in total. In the case of loss and/or damage to and/or of luggage or personal possessions (including money), we accept no liability as you are assumed to have taken out adequate insurance at the time of booking. Where any claim or part of a claim concerns or is based on any travel arrangements made by us which are provided by any air, sea, rail or road carrier, or any stay in a hotel, the maximum we will have to pay you in respect of that claim or part of the claim if we are found liable to you on any basis, is the maximum which would be payable by the carrier or the hotel keeper concerned under the applicable international convention (eg Warsaw Convention or Athens Convention) in that situation. You must give credit for all payments due or received from any carrier or hotel keeper which in any way relate to the claim in question. You must also provide ourselves and our insurers with all assistance required. 13. Complaints  In the unlikely event that you have reason to complain whilst on holiday with us, you should immediately notify a member of staff. By raising complaints early, they can often be dealt with quickly so the rest of the holiday can continue to your satisfaction. It is in your best interests to follow this procedure, but if you choose not to, or you are not satisfied with the way your complaint has been handled, you have 28 days from the end of the holiday in which to write to us with full details. For all complaints and claims which do not involve personal injury, illness or death, we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause. 14. Conditions of suppliers  Please note that all services are provided subject to the conditions of the relevant supplier. Some of these conditions may limit or exclude the supplier's liability to you, usually in accordance with the appropriate international conventions. Copies of the conditions which affect you are available on request. 15. Special requests  If you have a special request, please clearly note it on your booking form or if after booking, make it in writing. A special request will only be binding if we have confirmed in writing that it will be complied with. Therefore, unless we have agreed in writing to provide such a service or facility, failure to meet any special request will not be a breach of contract on our part. If we undertake to pass on requests to suppliers or other service providers (for instance ski schools or airlines) we cannot guarantee such requests will be met even if we have confirmed that they have been passed on. 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 unable to properly accommodate your particular needs, we must reserve the right to decline your booking, or cancel it when we find out the full details if you fail to provide these at the time of booking. 16. Travel delays  We regret we are not in a position to assist you in the event of delay at your outward or homeward point of departure. We are not responsible for late arrival at the airport which results in you missing your flight due to traffic congestion, accidents or other reasons outside of our control. 17. Behaviour  When you book a holiday with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be made at the time to ourselves or the third party concerned. If you fail to do so, you must indemnify us against any claims (including legal costs) subsequently made against us as a result of your actions. We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority you or any member of your party behave in such a way as to cause or to be likely to cause distress, danger or annoyance to any third party (including other clients and staff) or damage to property, we reserve the right to terminate the holiday of the person concerned without notice. In this situation, our responsibilities towards that person (including any return transport arrangements) will immediately cease and we will not be responsible for meeting any costs or expenses they may incur as a result. We will not make any refunds or pay any compensation to the individual involved or to members of his/her party or associates wishing to curtail their holiday as a result. 18. Security deposit  A security deposit is not usually taken but we reserve the right to retain your credit card details in order to take payment for any loss or damage caused to our property by you during your stay or to cover any charges such as (but not limited to) ski rental, lift passes, food and drink which are not settled before your departure. 19. Passport, visa and health requirements  It is entirely your responsibility to ensure you and your party have the appropriate passports and visas to allow you to travel. We accept no liability in the case of incorrect paperwork. 20. Liability for links from our website  Links provided on our website to other companies websites (such as airlines, car rental and tourist information) are provided purely for your convenience. We can accept no liability for any information provided on them or for any services you may choose to obtain from them, which you do so entirely at your own risk.