TERMS and CONDITIONS

The terms and conditions of business for the provision of goods and/or services by Chalet Le Sabot, it’s agents and associates are below.

These Terms are to be read by you in conjunction with any terms, conditions and disclaimers appearing or provided for in the pages of the Website. In the event of any conflict, the terms, conditions and disclaimers provided in the pages of the Website shall prevail over these Terms.

COMMUNICATION

The Company believes in the environment and shall attempt to send and receive documents electronically. In law electronic media may not be legally binding and as such the Company and Client shall agree that all communication shall be acted on in good faith and that all actions by both parties shall be reasonable, proportional and in keeping with any proposed intent.

The Company shall act on information it receives from the Client in good faith and try at all times to provide a personable and reliable service.

To avoid confusion all telephone conversation shall not be binding.

RESERVATIONS

All reservations shall be subject to the cancellation policy.

All reservations must be confirmed in writing by the Company.

Reservations will not be confirmed until the Booking Form and Deposit Payment have been received by the Company, correctly and satisfactorily completed.

The Company reserves the right to cancel a booking at any time prior to full and final payment being received from the Client.

The Company reserves the right to charge an additional fee for alterations to the booking that can be reasonably deemed excessive. Any additional fee shall be levied to cover additional administration by the Company.

PAYMENT TERMS

The Company can accept payment is either UK Sterling OR Euro ONLY. The Company cannot accept payment in a combination of both currencies or in any other currency.

The Company shall accept payment by bank transfer only. The Company cannot accept payment by domestic cheque, international cheque, cash or any other method.

A Booking Deposit shall be payable within 7 days of our acceptance of your reservation.

The Balance Payment and Damage Deposit (summer rentals only) are to be paid 8 weeks (56 days) before the Arrival Date or, in the case of a booking made less than 56 days before the Arrival Date, the total cost including Damage Deposit (summer rentals only) must be paid within 7 days of the Company accepting the booming.

A charge for Additional Services shall be payable 28 days prior to the Arrival Date.

CANCELLATION and TERMINATION

If a Client wishes to cancel a reservation then the Company will make a refund based on the total cost of any reservation subject to the amount of notice that the Client has provided to the Company, as follows :-
Over 112 days prior to arrival - 100% refund
Between 112 days and 85 days - 90% refund
Between 84 days and 56 days - 75% refund
Less that 56 days - 0% refund

The Company shall endeavour to return any monies to those Clients that paid the money originally. The Company will not refund money to any individual or legal entity that is not the original Client.

The Company will accept notice of cancellation from a client via letter, email or fax only. The Company shall respond in writing to such a cancellation request with acceptance terms. Acceptance terms shall include but not be limited to the date the cancellation notice was deemed to have been received by the company and any refund criteria.

The company reserves the right to cancel any reservation without notice should the Company be unable to provide the Service to a satisfactory standard, e.g. Staff sickness, damage to the Property rendering it uninhabitable, acts of God and any other reason deemed by the Company at it’s sole discretion to be a suitable reason for cancellation.

If the Company cancels a reservation then the Company shall attempt to provide the Client with an alternative reservation at the Property at another time; or attempt to provide the Client with an alternative reservation at another property in the locality and to an equal standard at the same time; or refund in full any monies that the Client has paid to the Company in respect of the reservation. The Company shall not pay compensation to the Client in respect of a cancelled reservation or be liable to the Client for any costs incurred by the Client to third parties, directly or indirectly, as a consequence of a cancelled reservation.

RIGHT OF ENTRY

The Company retains the right to enter the Property at any reasonable time to carry out any repairs deemed necessary to the Property or its equipment. The Company accepts a maximum liability to the value of the all monies paid to the Company by the Client in circumstances where a refund is legitimately required.

HEALTH and SAFETY

Due and diligent care should be taken by all Clients whilst using the Property. It is important that children, especially but not exclusively, should be aware of its potential dangers, for example the balconies and due care should be taken by their parents and/or guardians.

Clients are responsible for the behavior of any visitor to the Property that has an association with the Client and who have not been explicitly invited into the Property by the Company, it’s employees or agents.

All furniture, equipment and facilities within the Property must be used at all times in accordance with the manufactures directions and in a manner that cannot be deemed abusive, disrespectful or dangerous.

Parents and/or guardians shall be responsible at all times for the behavior and wellbeing of all children of 18 years and younger. Children of all ages must act at all times in manner that ensures the safety of the child and/or other clients.

The Company shall not be liable and the parent or guardian of any child shall indemnify the Company to the full extent of the law where a child is injured or harmed, the only exception being where gross negligence can be shown and attributed to the Company solely.

While on Chalet premises the Client is expected to behave in an acceptable manner and demonstrate adequate respect for other Clients and chalet staff at all times.

It is the responsibility of the Client to adequately regard the health and safety of themselves, of others, of the chalet staff and of minors in their charge at all times while on the Property.

The Company reserves the right to evict a Client from the premises with immediate effect should the Client not display adequate resect for other clients, chalet staff and/or chalet equipment having been provided with reasonable notice to this effect by chalet staff.

SECURITY

The Company accepts no responsibility for Clients personal belongings brought to the Chalet including, but not limited to, valuables, cameras, jewelry, passports, money and credit cards and also including vehicles and their contents whilst parked on the the Property.

A Client safe is provided in the Property and all Clients are encouraged to use this security feature.

Any Client provided with keys to the Chalet and who loses the keys or cannot return the keys to the chalet staff on or by the Departure Date shall incur an immediate charge of 250 Euros plus taxes for the replacement of the locks and keys for the entire chalet. All fees and charges must be paid in Euros and in cash prior to or on the Departure Date.

FOOD & BEVERAGE

It is the responsibility of the Client to provide dietary information to the Company  in a timely manner. This is especially important where there is an issue of allergic reaction.

All Clients dining at Chalet Le Sabot have a responsibility to inform the Company of any dietary requirements at least 2 weeks prior to arrival as our chef needs to prepare a menu and place suitable orders with our suppliers. If we are not informed on time then the Company able to adapt to your requirements.

The Client agrees to indemnify the Company, it’s employees, suppliers and agents against all loss, damage or injury arising from information not supplied to the Company by any/all Clients. The Company cannot accept responsibility for any adverse reaction to any food prepared by our chef and consumed by the Client unless it can be shown beyond doubt that gross negligence has occurred.

DAMAGE and LOSS

A Client causing damage to the fabric of the chalet or to it’s contents then the Company has the right to make an appropriate charge to rectify such damage.

The Company shall not incur a loss in rectifying any damage.

All Clients collectively shall be deemed responsible for any damage where an individual Client does not take responsibility.

Any charge for damage shall include (but not limited to) sourcing, purchase, delivery, installation, labour, management, administration, insurance and taxes.

In the case of damage deemed by the Company to be in excess of 500 Euros in value the company shall procure a quote from a local recognized tradesman or supplier to confirm the value of the repair or replacement. The Company shall procure a second quote at it’s sole discretion.

In the case of damage deemed by the company to constitute a value of less than 500 Euro the Company shall make reasonable enquiries at it’s sole discretion to ascertain the repair and replacement cost of the damaged item.

Any charge for administration, management or labour shall not be less than 45 Euros per hour plus taxes.

Any charges for administration, management and/or labour  shal be charged at the published rate with a minimum of 2 hours.

Any charge made by the Company to the Client shall be payable within 14 days of departure by the Client from the Property. Interest shall accrue on any outstanding amount at a rate of 1% per week.

In the case of a dispute between the Company and the Client which requires legal action by either party then the Client agrees to pay all legal and associated costs of the Company in all circumstances and under all jurisdictions.

ADDITIONAL SERVICES

Additional services offered by the Company include but may not be limited to Taxi Transfers, Ski Equipment Rental, Ski Lessons and Childcare.

The company shall act as agent/intermediary for the provision of additional services. The Company shall not provide these services directly.

The terms and conditions of business for any service provider shall apply as if the Client had engaged the Service directly with the provider.

The Company shall make all arrangements in good faith and to the best of it’s ability. After a service has been reserved and paid for in full then no refunds can be given unless it can be shown that the Company has been negligent.

The Client agrees that by accepting the service the Client shall indemnify the Company in all respects to any loss which shall include but not be limited to financial loss, damage or personal injury.

The Chalet Hosts cannot provide childcare services or facilities under any circumstances except in an emergency. Under such conditions the Client shall provide implicit indemnity to the Company for the care of any children and shall not hold the Company liable in any way for any issue relating directly or indirectly to childcare.

WEB SITE TERMS OF USE

By accessing the Website, you agree to be bound by the following terms and conditions and disclaimers. These Terms constitute the entire binding agreement between you and the Company relating to the use of the Website.  By using the Website, you acknowledge that you have read, understood and agree to be bound by the Terms and if you do not agree to the Terms in full you do not have permission to access the contents of the Website and therefore should cease using the Website immediately.

These Terms are to be read by you in conjunction with any terms, conditions and disclaimers appearing or provided for in the pages of the Website. In the event of any conflict, the terms, conditions and disclaimers provided in the pages of the Website shall prevail over these Terms.

The information, material and content provided in the pages of the Website may be changed or updated by The Company at any time without notice to you.  Additionally, changes may be made to these Terms at any time without notice to you by updating the Terms as displayed on this Website.  You are encouraged and agree to review the Terms regularly and your continued access to or use of the Website will mean that you are deemed to have agreed to any changes made and you will be bound by the Terms in use when you visit the Website.

Intellectual Property. In the context of these Terms “Intellectual Property” means all patents, trademarks, service marks, trade names, design rights, copyright, database, rights, rights in know how and other Intellectual Property rights of whatever nature arising anywhere in the world whether registered or unregistered and including applications for the grant of any such rights.

The Intellectual Property in all of the information, material and content provided in the pages of this Website is owned by or licensed to The Company or as the case may be by the Intellectual Property owner of the information material or content.  Unauthorised use, (including but not limited to unauthorised reproduction or dissemination) may result in a breach of Intellectual Property laws and may result in legal action for damages.

Such material, information and content may not be copied save to the extent necessary to view on line.  If you do download materials you must use such copies only for your personal non-commercial use and you must retain all copyright and other proprietary notices contained in the materials. You must not alter anything.  Any other use is prohibited unless you first obtain the Company’s permission in writing.  In particular you may not use any part of the Website on any other website or link any other website to the Website, without the Company’s prior written permission.

Third Party Sites. No liability is accepted for the contents of any other websites or pages operated by a third party which may be accessed via links from  or to this Website.  Such links are provided for your information and convenience only and do not imply that the Company approves or recommends the content of such sites. The Company have not verified the content of any such websites. No endorsement or approval of any third parties or their advice, opinions, information, products or services is expressed or implied by any information on this Website.  Following links to any other websites or pages shall be at your own risk and the Company shall not be responsible or liable for any damage or in any other way in connection with linking.

Links to downloadable software sites are for convenience only and the Company are not responsible or liable for any difficulties or consequences associated with downloading the software.  Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.

Data Protection. If the Company offers various services from the Website which require you to input selected information about yourself the Company may use the Data to provide you with an improved service and to respond to specific queries and requests.  If you do not want your personal Data to be collected and used in the manner set out in these Terms please do not submit it.  By submitting your Data to us you agree to our storage and use of the Data.  In using the Data the Company makes every effort to comply fully with the obligations imposed on it by the Data Protection Legislation in force at that time.  By inputting Data, you consent to the use of the Data by the Company, its agents and reasonably selected third parties to provide you with materials and selected marketing that the Company believes will be relevant and of interest to you.

If at any time you wish to remove or amend the Data, please write to the Company at the Registered Office

No Warranties. The following clauses exclude or limit our legal liability for the Website. You should read them carefully. They all apply only as far as the law permits.

The contents of this Website are for general information and public relations purposes only and do not purport to provide advice, make any offer, or otherwise create or lead to the creation of any legally enforceable relationship between the Company and you.  No reliance should be placed on any statements made on the Website, for whatever purpose.

The Company excludes to the fullest extent permitted by law all liability resulting from your access to the Website including (without limitation) any loss (financial or otherwise) or damage resulting directly or indirectly from any such reliance, regardless of whether any such loss or damage would arise in the ordinary course of events or otherwise or is reasonably foreseeable or is otherwise in the contemplation of the parties in connection with the Website.

Whilst every care is taken to ensure that all of the information displayed on this Website is updated and correct, no warranty, condition or representation is given either expressed or implied arising by operation of law or otherwise as to its quality, accuracy or completeness and the Company cannot be held responsible for any loss (financial or otherwise), direct or indirect, resulting from use of this information, save to the extent that such warranties, conditions or representatives may not be excluded by law.

Viruses The Company shall not be liable for any damages that occur to your computer system as a result of transmission of viruses or other contaminatry or destructive properties that may infect your software, data or other property as a result of your access to or use of this Website.  You have sole responsibility to take all appropriate safeguards including back up of data and/or equipment before downloading information from this Website.

GENERAL

Smoking. The Property is a No Smoking property. This means that smoking of any kind is prohibited anywhere on the Property. This shall include, but not be limited to, bedrooms, hallways, kitchen, dining area, lounge, garage, boot room, sauna and balcony. Any instances of smoking at the Property shall incur a non-negotiable charge of 500 Euro payable in cash prior to departure.

Enforcability. If any provision of these terms is declared by any judicial or other competent authority to be unlawful, void, voidable or for any other reason unenforceable then that provision shall be severed and deleted from these Terms and the remaining Terms shall survive in full force and effect and continue to be binding and enforceable.

Suitability. The Company reserves the right to decline a reservation that the Company considers unsuitable. The Company also reserves the right not to provide a reason for it’s decision.
Bookings by single sex groups may be declined where such a booking is deemed by the Company to be inappropriate to the peace and tranquillity of the Property, eg. Stag Parties, Hen Parties. Full details of such proposed parties must be given in full, in writing, at the time of booking.

Pets. Well behaved pets are very welcome at the Property, by pre-arrangement, and must be listed on the Booking Form. An additional charge is payable to cover extra cleaning costs. The Company reserves the right to refuse any pet without the provision of an explanation.

Peaceful Use. The Company truthfully considers the Property to be a quiet, peaceful and tranquil holding. However, the Company cannot be held responsible for, and will accept no liability for, any interruption to that peace and quiet which is outside his control.

Maximum Use. The prescribed maximum number of persons for holidaying at the Property is TEN. This number may not be exceeded with the exception of one or two additional infants or children not above two years of age.

Amenities. Whilst every effort is made to provide the amenities advertised, no liability will fall upon the Company should restrictions be applied in the event of floods, drought, power cuts or any other occurrences outside the Company’s control, save that the Company may consider a refund to the Client of a part or the whole of the cost of the Rental Period. Such refund is purely dependent upon the circumstances and extent of the restrictions concerned and is at the discretion of the Company.

Liability. In all circumstances the maximum liability of the Company to the Client, the Client’s agents, legal representatives or associates shall not exceed the value of the monies the Client has paid to the Company in respect of the booking or reservation.

Ownership. Any goods and/or services that the Company provides to the Client shall remain the property of the Company until such time as the Client has paid for the said goods and/or services in full and the Company has provided the said goods and/or services.
Any contract entered into by the Client and the Company shall be a contract for service and shall not provide any legal right of occupancy; or legal right of ownership; or be a lease; or be a tenancy; or be a timeshare.

Jurisdiction. Any dispute between the Company and the Client (including related parties) shall be governed and interpreted exclusively according to the law of England and the parties hereto agree to submit to the exclusive jurisdiction of the English courts.

DEFINITIONS

The following definitions shall apply to these Terms and Conditions.

“the Client” shall mean any person or persons having paid a sum, directly, indirectly or implied, to the Company in return for the Service.

“the Service” shall mean the provision of accommodation and dining at the Property including arrangement of any Additional Services.

“The Company” shall mean Chalet Le Sabot, its’ employees, representatives and agents. Chalet Le Sabot is the trading name of ELM Land and Property LLP a limited liability partnership registered in England and Wales (Company No. OC303860) and also registered in France (Siret No. 51448788300027).

“the Property” shall means Chalet Le Sabot, Oz en Oisans, 38114 France and all land included in any legal title.

“the Terms” shall mean the terms and conditions of business as published on the Website from time to time.

“Notice” shall mean the notice period that a client has to provide to the company in relation to information.

“Payment Terms” shall mean the payment terms that the Company has decreed for the provision of any Service and with which the client must agree to prior to the provision any Service.

“the Website” shall mean www.chalet-le-sabot.com and all pages within the chalet-le-sabot.com domain.

“the Data” shall means any data that you provide to the company by any means, directly or indirectly.

“the Chalet Hosts” shall mean those persons directly employed by the Company to provide on-site services to the Clients.

“the Booking Form” shall mean a document the Client must complete to convey to the Company information pertaining to the correct delivery of the Service

“the Arrival Date” shall mean the date on which the Client is entitled to access the Property.

“the Departure Date” shall mean the date on which the Client no longer has legitimate access to the Property.

“the Rental Period” shall mean the period of time between the Arrival Date and the Departure Date where the Client is entitled to benefit from the use of the Property and it’s facilities.

“the Deposit Payment” shall mean a sum agreed between the Company and the Client and payable by the Client to the Company in respect of securing a reservation.

“the Balance Payment” shall mean any sum that the Client must pay to the Company to make full payment for all services and charges.

“the Damage Deposit” shall mean a refundable deposit paid by the Client to the Company that the Company is entitled to deduct a reasonable sum from to cover any costs associated with repair of damage sustained by the Property which is deemed the responsibility of the Client.


2 Feb 2012






Please read these
Terms and Conditions carefully as they will form part of the contract
between you and
Chalet Le Sabot.