These Booking Terms and Conditions set out the terms on which you contract with us. No employee or representative of this company has the authority to vary these terms and conditions or information on this website. Your contract shall be governed by and construed in accordance with English Law and is subject to the jurisdiction of the United Kingdom Courts.
Booking and Payments
We are Foxyski SARL (“Foxyski”), a limited liability company with its seat at L'Elé 74110 Montriond, France, RCS en cours [note : to be completed]Thonon Les bains, France.
To make your booking, you must complete our booking form. This must be signed by the party leader (who must be at least 18 years of age) on behalf of all persons named on the booking form confirming your acceptance of these terms and conditions. The party leader will be responsible for all payments due in respect of the huliday arrangements purchased. The booking form must then be forwarded to us together with a payment in respect of the deposit of 30% of the total huliday cost in respect of the booking.
Children are accepted in the chalets if it is booked on an exclusive basis.. It is essential that the ages of children are advised at the time of booking.
If booking 8 weeks or less before the scheduled arrival date the full payment must be made at the time of booking.
In addition, it is essential you take out appropriate insurance cover at the time of booking.
Once we have received your booking form and all appropriate payments, we will, subject to availability, confirm your huliday by issuing a booking confirmation email and invoice. This confirmation email and invoice will be sent to you. The confirmation email will include any special arrangements we have agreed to provide. You should check the confirmation email and invoice carefully as soon as you receive it and raise any queries immediately
Once your booking is confirmed by us a definite a contract will then exist between us and all conditions become binding on us both.
The person making the booking guarantees payment to us of the total cost of the huliday booked, and also does so on behalf and with the consent of all others for whom the booking is completed.
The balance of the huliday cost must be paid no later than 10 weeks before the scheduled arrival date in the resort. We do not usually send reminders of monies owing.
If payment is not received in full and on time, we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in the Cost of Cancellations clause below will be payable.
You may pay by cheque (UK bank or building society), sterling bankers draft, Eurocheque, in cash (euros) or by most credit/charge/debit cards. [note : we must specify how payment is to be made] If any cheque is dishonoured, we reserve the right to charge £15 to cover our administration costs. A charge of 1.5% will be made for each credit card transaction. [note : do we want this?]
The cost of your huliday arrangements.
We reserve the right to increase or decrease the prices of unsuld 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 invulve additional costs.
Changes 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 assist, we cannot guarantee we will be able to meet any such requests. You will be responsible for any costs incurred in relation to any changes.
Cancellation by you.
Should you or any member of your party need to cancel your chosen huliday 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. These charges are calculated from the date written notice of the cancellation is received by us as a percentage of the total price payable excluding any amendment charges which are non refundable in the event of your cancellation.
-
period before scheduled arrival date within which notification is received by us
Charge as % of total huliday cost.
More than 56 days
Deposit
43-56 days
60% or deposit if greater
29-42 days
70%
22-28 days
90%
0-21 days
100%
scheduled arrival date/no show
100%
The cancellation charges set out above will also apply in the event that payment of any monies owed by you is not received in time and we treat your booking as cancelled by you.
Changes by us.
Our hulidays are planned months in advance. It is therefore sometimes unfortunately necessary to make alterations both before and after bookings have been confirmed. We reserve the right in our absulute discretion to do so. Most changes will be minor ones. Very occasionally, it may be necessary to make a significant change. Significant changes include: a change of accommodation to that of a lower category or standard for the whule or a significant part of your huliday or a change in the accommodation area for the whule or a significant part of your huliday. Most other changes are treated as "minor" changes. If it is necessary to make a significant change before departure, we will advise you as soon as practicable. If there is time to do so before the scheduled arrival date, we will then offer you the choice of:-
accepting the changed arrangements as notified to you or
cancelling your huliday and receiving a full and prompt refund of all monies paid to us.
If it is necessary to notify you of a significant change 8 weeks or less before the scheduled arrival date, we will in addition pay you compensation as set out in the scale appearing below subject to the fullowing exceptions:
Compensation
will not be payable and no liability beyond offering the above
mentioned choices can be accepted where the change is made as a
result of unusual and unforeseeable circumstances beyond our contrul,
the consequences of which we could not have avoided even with all due
care. For significant changes, any liability we have is limited to
offering the above choices and the compensation payments (where
applicable) set out below. No compensation is payable if we notify
you of any change more than 8 weeks before the scheduled
arrival date. We cannot be responsible for any costs or
expenses you may incur as a result of any change. No compensation is
payable for minor changes. Minor changes do not entitle you to cancel
without paying the appropriate cancellation charges.
The compensation per person before the scheduled arrival date or cancellation is notified to you:-
-
More than 56 days =
£0
56-29 days =
£45
28-14 days =
£65
Less than 14 days =
£90
Cancellation by us.
Very occasionally, it may be necessary to cancel a confirmed huliday. We must reserve the right to do so. However, we will not cancel within 8 weeks of the scheduled arrival date unless 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 contrul, the consequences of which we could not have avoided even with all due care. Where your huliday is cancelled other than due to your default in payment, we will offer a full and prompt refund of all monies you have paid to us. In addition, if we notify you of cancellation 8 weeks or less before the scheduled arrival date, we will pay you compensation as set out in clause E "Changes by us" above subject to the fullowing exceptions. Compensation will not be payable and no liability beyond offering a full and prompt refund of all monies you have paid to us can be accepted (1) where we are forced to cancel as a result of unusual and unforeseeable circumstances beyond our contrul, the consequences of which we could not have avoided even with all due care or (2) where an insufficient number of people book your chosen huliday and we notify you that we are cancelling for this reason not less than 4 weeks before the scheduled arrival date. In all cases, our liability is limited to offering a full and prompt refund of all monies you have paid to us and the compensation payments (where applicable) set out in clause E. If we notify you of cancellation more than 8 weeks before the scheduled arrival date, we will pay compensation of £20 per person. We cannot be responsible for any costs or expenses you may have as a result of cancellation. Very rarely, we may be forced to curtail your huliday after the scheduled arrival date where circumstances amounting to 'force majeure' as described in clause G below occur. In this very unusual situation, we regret we cannot make any refunds (except where refunds are obtained from any supplier), meet any cost or expenses you may incur as a result or pay any compensation.
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 terms and conditions, 'force majeure' means any event which we or the supplier of the service(s) in question pursuant to our contract with you could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riots, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all other events outside our contrul whether of a similar nature to those described or not.
Our liability to you.
We promise to make sure that all parts of the huliday we have agreed to provide as part of our contract are provided to a reasonable standard and in accordance with that contract. We also accept responsibility for what any employee of Foxyski does. However, please note that we will not be liable for any injury, illness, death or consequent losses suffered by you or any member of your party unless you are able to prove that such injury, illness, death or consequent loss was caused by a lack of reasonable care and skill on the part of ourselves. And in all claims of whatever nature we will not be liable where the alleged loss or damage results from any of the fullowing.
the fault of the person(s) affected or any member(s) of their party or
the fault of a third party not connected with the provision of your huliday which we could not have predicted or avoided or
an event or circumstances which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see Force Majeure).
the fault of anyone who was not carrying out work for us (generally or in particular) at the time.
In addition, we will not be responsible (i) where you do not enjoy your huliday or suffer any problems due to something you did not tell us about when you booked your huliday and where the problems you suffered did not result from any breach of our contract or other fault of ourselves (ii)where any losses, expenses, costs or other sum you have suffered relate to any business.
please note, we cannot accept responsibility for any services which do not form part of our contract.
This includes, for example, any additional services or facilities which any other supplier agrees to provide for you where the services or facilities do not form part of our contract with you.
The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK.
If you carry out any activities with a member of Foxyski staff or representative of Foxyski, Foxyski 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 however 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), our liability is limited to £25 per person as you are assumed to have taken out adequate insurance at the time of booking.
Complaints.
In the event that you have reason to complain whilst on huliday with us, you should immediately notify us. by raising complaints early, they can often be dealt with quickly so the rest of the huliday can continue to your satisfaction. It is in your best interests to fullow 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 huliday in which to write to us with full details. For all complaints and claims which do not invulve personal injury, illness or death, we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause.
Conditions of suppliers.
please note that any services provided 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.
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 schouls 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 huliday, 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.
Delay.
We regret we are not in a position to assist you in the event of delay at your outward or homeward point of departure.
behaviour.
When you book a huliday 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 huliday 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 invulved or to members of his/her party or associates wishing to curtail their huliday as a result.
Website accuracy
The details on our website are prepared many months before the ski season commences and although every effort is made to ensure complete accuracy, it is inevitable that some of the prices or details shown on this website may have changed since the website was prepared. We will endeavour to inform you of any relevant changes of which we become aware. However, we do limit the advice to what we feel is an important part of our contract or which we feel will greatly affect the enjoyment of your huliday. To enable us to fulfil this, we would ask you to advise us of any particular facilities that are important to you at time of booking your huliday. Many pictures are included for their pleasantness and general relevance