Terms and conditions
Résidence Frond’Neige Self Catered Terms and Conditions (Rental Agreement) – RÉSIDENCE FROND’NEIGE TERMS & CONDITIONS FOR SUMMER AND WINTER SELF CATERED HOLIDAYS
The terms and conditions detailed below take precedence over any other older terms and conditions.
Here listed are the terms and conditions “T&Cs” for Eric Muffat, 667 Avenue de Joux Plane, 74110, Morzine. Trading as SARL Résidence Frond’Neige, hereafter referred to as “Résidence Frond’Neige” “We”, “Our”, or “Us”. These T&Cs relate to the rental of Self-Catered Properties only, supplied through Résidence Frond’Neige.
“Self Catered Properties” means the self catered property listed on the booking and pre arrival form.
“Booking Form” means the electronic booking form incorporating these T&Cs that the group leader and each person listed in the group electronically agree to.
“Group Leader” means the person listed as such on the booking and pre arrival form.
“Booking” and “Reservation” refer to the contract made between Résidence Frond’Neige and the client.
The person who completes the booking form does so as an agent for all persons named on it. He/she agrees to be bound by these terms and conditions and acknowledges that these terms and conditions apply to all such persons listed on the booking and pre arrival form.
1.0 AGREEMENT
1.1 The T&Cs contained in this document, together with your booking form, comprise the contract between Résidence Frond’Neige and all persons listed on the booking/Pre Arrival Form. The contract is deemed to have been made as soon as the booking confirmation has been sent and accompanied by a NON REFUNDABLE Deposit or full payment as applicable.
1.2 When payment has been made over the telephone without a booking form being completed, a contract will come into existence immediately between you and Résidence Frond’Neige upon processing of a credit / debit card payment for the deposit or full payment of your holiday. This will be oral confirmation of your booking. Written confirmation via email will be sent subsequently.
1.3 The group leader is responsible, on behalf of all other members of the group, for all matters relating to the booking, thus he / she will be personally liable for all monies outstanding from the remainder of the guests.
1.4 “The Group” refers to all persons booked to stay in the self catered property listed on the booking form and also includes any subsequent changes of names to the original booking.
1.5 If at any time, prior to the start of the holiday, there is a change of group leader, Résidence Frond’Neige must be notified, either by email or telephone, by the original group leader.
1.6 Under no circumstances are additional guests allowed to stay in the self catered property other than those specified on the pre arrival form. Failure to comply with this may result in your booking being terminated immediately in resort and you and your party being asked to vacate the relevant self catered property. No refunds, credit vouchers or compensation will be paid for this.
1.7 Recovery of money via a credit card provider, i.e. Chargeback: “Chargeback” is a system developed by payment card providers to protect consumers when a fraudulent transaction has occurred, when a company has ceased trading due to bankruptcy or when a card transaction was not authorised by the consumer.
By agreeing to these terms and conditions you agree to NOT ATTEMPT to recover any of the non-refundable parts of your reservation via your payment card provider unless,
The payment was fraudulent.
The payment was not authorised by you.
We have ceased trading due to bankruptcy.
Attempting to recover any non refundable part of your reservation with a chargeback incurs bank charges and significant administrative and legal costs for us. All of these costs and charges will be passed on to you and our legal representatives will pursue you directly for any monies taken from our bank account and for all costs, fees and charges incurred as a result.
Our standard Terms and Conditions state that any deposits paid are non refundable (see Section 8.3).
2.4 30 days before your holiday start date, you are obliged to pay any outstanding balances on your holiday in full.
Any deposits paid are no longer refundable and our standard T&Cs will apply regarding cancellations (see section 8.3).
2.5 For bookings made within the 30 day start date period, the full cost of the holiday must be paid at the time of booking to secure the reservation.
3.0 STANDARD DEPOSIT TERMS
3.1 Once availability of the Self Catered Property has been confirmed by Résidence Frond’Neige, a reservation is only valid on payment of a NON REFUNDABLE minimum deposit (the “Deposit”) of 30% of the accommodation cost, unless otherwise agreed by Résidence Frond’Neige. A booking enquiry will not be held until a full deposit is received. Our rental agreement must also be signed by the group leader within 7 days to complete a reservation.
3.2 Should a booking be requested in writing or verbally only, without payment of a deposit, the booking will be deemed NOT SECURE until Deposit monies are received.
Résidence Frond’Neige reserves the right to re-book the same week in the same accommodation to another client without notification.
3.3 The final balance outstanding on your holiday must be paid 30 days before the start date of your holiday with Résidence Frond’Neige. For bookings made within the 30 day start date period, the full cost of the holiday must be paid at the time of booking to secure the reservation.
3.4 If the final balance is not received 30 days before the start date of your holiday with Résidence Frond’Neige, we reserve the right to cancel the booking, retain any deposit paid, and levy cancellation charges as outlined in Section 8.0. Résidence Frond’Neige reserves the right to re-book the same week in the same accommodation to another client without notification.
3.5 Your booking reserves the whole self-catered property on an exclusive use basis. Therefore, the group leader is liable for the full cost of that property as stated on the booking form, irrespective of party size and final number of guests confirmed.
PLEASE NOTE, if your party size exceeds the agreed maximum capacity of the property as stated on your booking form, the booking will be cancelled without any compensation.
4.0 PRICES
4.1 The prices quoted on the Résidence Frond’Neige website are for accommodation on a self-catered basis unless otherwise stated. Our self catered prices DO NOT include Morzine Tourist Tax (Tax De Séjour), or any additional services (for example, meals, holiday or medical insurance; lift passes; childcare; equipment hire or lessons). PLEASE NOTE that reservations made for self catered properties with “Hotel Service option” will include a midweek linen change and a mid week clean of the property.
4.2 Résidence Frond’Neige guarantees the price of your holiday as quoted at the time of booking and as stated on your booking form. Résidence Frond’Neige reserves the right to increase or decrease the advertised price of any unsold holidays at any time.
4.3 Morzine Tourist Tax – This is charged at the local nightly per adult rate for the accommodation.
4.4 Morzine Tourist Tax and any other additional charges will be added to your booking, once we have confirmed your reservation and the number of people in your party. Résidence Frond’Neige will make these calculations on your behalf, based on the information provided by you on your booking form. All tourist tax monies owing will be collected 30 days before the start of your holiday at the same time as your final balance is due.
5.0 PAYMENT
5.1 Acceptable payment types are credit, debit card (Visa or Eurocard Mastercard) or internet bank transfer into our French Euro account. Résidence Frond’Neige will not be held responsible for charges incurred by yourself for international bank transfer costs or charges imposed on you by your bank or card issuer. This also includes payment discrepancies or additional costs caused by variations in exchange rates used by your bank or card issuer. When booking the flat you agreed that the credit card details used to pay the deposit could also be used to pay the final balance of the stay due 4 weeks before the date of arrival.
5.2 In the event of dishonoured payments, the group leader will be contacted to make immediate payment by other means. Failure to make payment by other means will result in the immediate automatic cancellation of the booking and any deposits paid will be held in accordance with Section 8.0.
Résidence Frond’Neige then reserves the right to re-book the same week in the same accommodation to another client, without notification.
5.3 In the event of late payment of your final balance, any charges or loss of revenue incurred on our behalf will be added to your balance. In accordance with Section 8.0, we reserve the right to cancel your holiday should you fail to pay your final balance. No compensation or refunds will be provided.
5.4 Details of a valid credit card will be taken on arrival at the property in resort as security against damage, loss, breakages and additional cleaning charges as more specifically detailed in section 13. These details will be kept for the duration of your stay and by agreeing to these T&Cs, you are agreeing to allow Résidence Frond’Neige to charge that card in Euros in the event of any damages, losses, breakages or additional cleaning charges.
5.5 Résidence Frond’Neige will endeavour to address any issues listed in section 5.4 above during your stay. In the event that damage to one of our properties is not brought to our attention during this period, and is learnt of after your departure, we will contact you within 72 hours of leaving the property to confirm additional charges to be processed.
6.0 PASSPORT, VISAS and INSURANCE
Please Note – You must ensure you have adequate travel insurance to cover you for all travel cancellations, including cancellations due to pandemics. OUR STANDARD TERMS AND CONDITIONS STATE THAT ANY DEPOSITS PAID ARE NON REFUNDABLE (see Section 8.0).
6.1 It is your responsibility to be in possession of a valid passport and / or any visa necessary. If you do not have a British or EU passport, please be sure to check visa requirements for the countries you will be visiting. Remember, most flights are to Geneva in Switzerland which is not an EU member.
6.2 You MUST be insured with valid medical and travel insurance policies to fully cover yourself, and your property/belongings before partaking in a Résidence Frond’Neige holiday. These policies are there to cover you for any injuries or unforeseen circumstances, including and not limited to theft and damage to Résidence Frond’Neige property as a result of your actions / behaviour or negligence, and for loss of holiday costs due to forced closure of the resort due to circumstances including and not limited to, force majeure, lack of snow / bad weather, cancelled flights and travel arrangements, pandemics, epidemics and specifically COVID-19.
7.0 COVID 19
Please Note : Covid 19 is now a known event, should you be unable to travel because of COVID 19 or due to Government Restrictions imposed because of COVID 19, then Résidence Frond’Neige is not legally obliged to accept any liability or responsibility, issue refunds, issue credit vouchers and / or pay any other compensation. Therefore, you must ensure you have adequate travel insurance to cover you for all travel cancellations including cancellations due to Covid-19.
Please also refer to section 1.7 regarding credit card charge backs.
7.1 Arrangements for holidays are made in advance, and changes can occur. Résidence Frond’Neige is required to comply with all national and local government regulations and recommendations relating to Covid-19. Therefore, we reserve the right to make any necessary alterations to holiday and website details both before and after any booking has been confirmed, and to make changes to the services and service levels offered during your stay, required by such regulations. In all cases we will advise you of any changes at the earliest possible opportunity. Résidence Frond’Neige does not accept liability or pay compensation for such changes
7.2 If you develop symptoms of COVID 19 whilst on holiday and decide to self isolate, Résidence Frond’Neige does not accept liability or responsibility to provide you with accommodation beyond your contracted holiday dates.
7.3 If you choose to stay in a Résidence Frond’Neige property to quarantine, Résidence Frond’Neige reserves the right to charge you the full price as advertised on the Résidence Frond’Neige website for your stay in the property.
8.0 GENERAL CANCELLATION POLICY
8.1 You, or any member of your party, may cancel your holiday at any time for any reason provided that the Group Leader makes the cancellation in writing / email. Charges will be levied in accordance with our cancellation policies as outlined in sections 8.3
8.2 Résidence Frond’Neige takes no responsibility for non-delivery or non-receipt of such written cancellation.
8.3 CANCELLATION TERMS
(a) Cancellation up to 30 days before commencement of your holiday: All deposits paid are NON REFUNDABLE.
(b) Cancellation at 29 days or less before the commencement of your holiday. All deposits paid are NON REFUNDABLE and you are also liable to pay 100% of the total cost due for your holiday.
8.4 The final balance outstanding on your holiday must be paid 30 days before the start date of your holiday with Résidence Frond’Neige. If the final balance is not received 30 days before the start date of your holiday with Résidence Frond’Neige, we reserve the right to cancel the booking, retain any deposit paid, and levy cancellation charges as outlined in Section 8.3. Résidence Frond’Neige reserves the right to re-advertise and re-book the same week in the same accommodation to another client without notification.
8.5 Non receipt of the balance of the cost of the holiday will not be taken as notification of cancellation; clients will still be liable for cancellation charges as shown above if they subsequently cancel their holiday.
8.6 Cancellations or major changes made by Résidence Frond’Neige, outside of COVID-19 and Force Majeure: Arrangements for holidays are made in advance, and changes can occur. Résidence Frond’Neige reserves the right to make any necessary alterations to holiday and website details both before and after any booking has been confirmed. Most alterations are minor changes, but occasionally it is necessary to make significant changes or cancel holidays. In all cases we will advise you of any changes at the earliest possible opportunity.
A significant change is one made before departure that involves downgrading your accommodation for a significant proportion of your holiday or the withdrawal of a significant proportion of the facilities or services included as part of your holiday.
8.7 When a cancellation or a significant change, outside of Covid-19 and Force Majeure events, is notified to you by Résidence Frond’Neige you have the right to :
- a) Terminate the contract and receive a refund of all sums paid by you for the holiday
- b) Accept the change in arrangements
- c) Purchase an alternative holiday from us and pay or receive any price difference
Refer to Section 7.0 for COVID 19 specific cancellation terms and conditions
Refer to Section 9.0 for FORCE MAJEURE specific cancellation terms and conditions
8.8 In addition, in all cases where a significant change or cancellation is made by Résidence Frond’Neige, outside of Covid-19, we will pay you compensation as detailed in section 8.9 below.
EXCEPTIONS – Résidence Frond’Neige will not pay compensation where the change or cancellation is made as a result of events constituting any unforeseeable / extraordinary circumstances beyond our control. This includes Force Majeure (Force Majeure meaning acts of war or threat of war, political unrest, terrorist activities, volcanic ash clouds, strikes, acts of God, riots, civil strife, industrial disputes, terrorist activity, natural or technical disasters, nuclear war) and or similar unforeseeable / extraordinary events out of our control.
8.9 Compensation will be calculated using these rules:
Cancellation or significant change up to 30 days before commencement of your holiday – €ZERO per person compensation.
Cancellation or significant change 29 days or less before commencement of your holiday – €50 per person compensation.
8.10 No compensation is payable in respect of minor changes and no other claim for compensation or expenses will be accepted.
8.11 Independent travel arrangements that you arrange separately (e.g. flights, airport parking, transfers, car hire etc ) do not form part of our contract with you. If we need to make any changes to, or cancel, your holiday, we will not be liable for any charges incurred by you in respect of your independent travel arrangements.
9.0 CANCELLATION DUE TO FORCE MAJEURE
9.1 Force Majeure includes, but is not limited to, acts of war or threat of war, political unrest, terrorist activities, volcanic ash clouds, strikes, acts of God, riots, civil strife, industrial disputes, terrorist activity, natural or technical disasters, nuclear war and other similar unforeseeable / extraordinary events out of our control.
9.2 If you or Résidence Frond’Neige have to cancel a reservation due to a Force Majeure event, any deposits paid are non refundable and non-transferable to another holiday date and will be retained for administration costs and charges.
9.3 A 50% refund of any final balance payments will be paid to you.
9.4 There will be no breach of contract and no payment of additional compensation.
9.5 Processing time to issue refunds will be a max of 30 days from the start date of your cancelled holiday.
10.0 LIMITATION OF LIABILITY
10.1 Résidence Frond’Neige does not accept liability or pay compensation for:
(a) Any unforeseeable / extraordinary circumstances beyond our control. This includes Force Majeure (Force Majeure meaning acts of war or threat of war, political unrest, terrorist activities, volcanic ash clouds, strikes, acts of God, riots, civil strife, industrial disputes, terrorist activity, natural or technical disasters, nuclear war) and or similar unforeseeable / extraordinary events out of our control.
(Please Note that COVID 19 and the effects of it are no longer classed as Force Majeure or unforeseeable / extraordinary circumstances as they are now a known event).
(b) Adverse weather or traffic conditions, avalanche, mud slips, slides and snow conditions and the effect that any of these may have on travel arrangements, accommodation and activities.
(c) Limitations imposed by resort authorities, ski-lifts, ski school or ski hire operators. Including but not limited to resort closure.
(d) Any personal injury or death, where so ever or however arising, caused to any visitor and/or any member of the group for their duration of stay.
10.2 These limitations are not intended to exclude any statutory rights the group and/or visitor may have.
10.3 These T&Cs and any non-contractual obligations arising out of or in connection with it are governed by French Law.
The courts of France have exclusive jurisdiction to settle any dispute arising out of or in connection with this T&Cs (including a dispute relating to the existence, validity, termination of this T&Cs and any non-contractual obligation arising out of or in connection with either this T&Cs or the negotiation of the contract contemplated by these T&Cs).
10.4 A person who is not a party to this Agreement has no right to enforce any term of this Agreement.
11.0 ARRIVAL/DEPARTURE TIMES
11.1 The Self Catered Property is available for access from 4.30 pm on the day of your arrival.
11.2 For departure, the Self Catered Property must be vacated by 10 am. We can offer bag storage if required on arrival or departure.
12.0 RESPONSIBILITIES, BEHAVIOUR
All guests should act and behave in such a manner so as to not affect or disrupt the enjoyment of other guests, local residents or have a negative effect on the reputation of Résidence Frond’Neige. Excessive noise inside, outside or within the Self Catered Property, grounds or communal areas after 10pm also comes under this section, and will not be tolerated.
Résidence Frond’Neige reserves the right to refuse to further accommodate your party if you are in breach of this clause and contractual obligations will be terminated immediately. No compensation will be payable.
13.0 LOST, STOLEN and DAMAGES to PROPERTY, ADDITIONAL CLEANING AND BREAKAGES
Please refer to section 6.2 regarding insurance.
13.1 Details of a valid credit card will be taken on arrival at the self-catered property as security against damage, loss, breakages and additional cleaning charges. By agreeing to these T&Cs you are agreeing to allow Résidence Frond’Neige to charge said card in Euros in the event of any damages, losses, breakages or additional cleaning charges.
13.2 Any loss or damage, wherever or however caused; or arising by the group leader, or members of the group; to vehicles, property, grounds and out buildings owned by or managed by Résidence Frond’Neige must be paid for in full. This is payable by the group leader, on behalf of the group, irrespective of which person was responsible, before guest departure.
13.3 Any client not properly securing the exits or windows of the property, including balcony, garage and hot-tub access doors, will be liable for any and all Résidence Frond’Neige property stolen or damaged as a result of that negligence.
13.4 Our keys for self-catered properties are security keys, therefore, should you lose a key, you will be charged €250 for a replacement. This charge will be made immediately using a credit / debit card.
13.5 Résidence Frond’Neige will endeavour to deal with any loss or damage issues during your stay. In the event that damage is not brought to our attention during this period, and is learned of after your departure, Résidence Frond’Neige will contact you within 72 hours of you leaving the Property to confirm additional charges to be charged.
13.6 Résidence Frond’Neige will not be held responsible for any theft or loss of any personal possessions from our premises / vehicles. Whilst Résidence Frond’Neige will endeavour to ensure the security of guests’ personal possessions, Résidence Frond’Neige cannot guarantee it.
13.7 It is up to the Group Leader to ensure that each member of the party is responsible for the safety of all their own personal possessions, documents and equipment. No responsibility or liability will be accepted in respect of such items as it is a condition of your booking (and therefore reasonably assumed by Résidence Frond’Neige) that all guests have taken out appropriate insurance to cover such loss and/or damage. For the avoidance of doubt, please note that this section also applies to mountain bikes, road bikes, ski/snowboard equipment and any other “high value items” that guests have brought with them on holiday.
13.8 Additional cleaning charges are levied as follows:
Résidence Frond’Neige reserve the right to charge up to €150 Euros for additional cleaning if the following has not been adhered to before departure of a property:
All rubbish & recycling removed
Removal of all food from cupboards and fridges
Dishwasher on or emptied
13.9 DO NOT use abrasive cloths or abrasive cleaning products in the apartment. Any damage caused to polished or metal surfaces will be charged to you.
13.10 DO NOT dry dark or coloured clothing on radiators, fireplaces or heated towel rails. Any damage caused will be charged to you.
13.11 DO NOT wash shoes or trainers or inappropriate clothing in any of the washing machines, and ensure all pockets are emptied. You are liable to pay for any repairs, replacement parts or full replacement of washing machines and tumble driers on a like for like basis if any damage is caused.
14.0 SAUNA
14.1 Guests use the sauna at his own risk and Résidence Frond’Neige accepts no responsibility for death or personal injury caused through its use. Special care should be taken at all times, especially when getting into and out of the sauna. Extra care should be taken during cold and icy conditions as the areas surrounding the sauna cannot be salted to remove ice.
14.2 Children must be supervised by an adult at all times to avoid the risk of overheating. We recommend that children under the age of 12 years of age not use the sauna.
15.0 CHILDREN
15.1 No matter how much care is taken, our Self Catered Properties are not childproof. Résidence Frond’Neige will not be held responsible for any accidents occurring within the properties, it is the parent’s responsibility to ensure their children are supervised at all times. Particular care must be taken with fireplaces, stair cases, TVs and electrical devices. Parents assume full responsibility for the safety and well being of their children at all times.
15.2 Résidence Frond’Neige can provide high chairs and travel cots (without linen) for infants and babies. These items must be checked over by parents to ensure they are satisfactory and secured. Résidence Frond’Neige accepts no responsibility should an accident or injury occur as a result of the use of such items. Parents assume full responsibility for the safety and well being of their children at all times.
16.0 OUTDOORS SHOES & EQUIPMENT
16.1 It is important that, for your comfort, a pair of slippers or indoor shoes are included in your packing as ALL outdoor shoes, which include ski and snowboard boots, mountain biking shoes and cycling shoes are strictly forbidden anywhere inside the Self Catered Property and the internal communal areas.
16.2 All outdoor equipment, which includes but is not limited to mountain bikes, skis and snowboards, dirty, soiled or extremely wet clothing, must be stored in the designated area as provided by Résidence Frond’Neige on arrival.
16.3 Under no circumstance is the repair or maintenance and cleaning of such outdoor equipment, as stated above, allowed within the internal space of the property including balconies and garden areas. Mountain bikes should be washed in the designated area described at check in. This also includes waxing of skis or snowboards in winter.
17.0 SMOKING & ILLEGAL SUBSTANCES
17.1 For health and safety reasons, smoking is strictly prohibited inside our Self Catered Properties and Résidence Frond’Neige vehicles. If guests wish to smoke they must do so outside of these areas or within the designated smoking spaces.
17.2 Smoking or taking illegal substances in or around any of Résidence Frond’Neige’s properties will not be tolerated. Any guest involved in such activity will be asked to immediately vacate the Self Catered Property. Résidence Frond’Neige reserves the right to refuse to further accommodate your party if you are in breach of this clause and contractual obligations will be terminated immediately. No refunds or compensation will be payable.
18.0 COMPLAINTS
18.1 In the unlikely event of you having a complaint with any part of your holiday you should notify the Résidence Frond’Neige staff immediately.
18.2 Any complaints made ON or AFTER departure will not be considered. Complaints cannot be accepted for airport transfers, snow conditions, childcare, weather, lessons and closures of ski – lifts and other services provided by 3rd party suppliers or for anything outside of Résidence Frond’Neige’s direct control.
19.0 THIRD PARTY SUPPLIERS & ACTIVITIES
19.1 Résidence Frond’Neige can assist in sourcing and booking many of the extra services you may require when on holiday. This does not constitute an approval of these services or suppliers and Résidence Frond’Neige takes no responsibility or liability for 3rd Party services. Therefore, you are subject to the terms and conditions of the individual 3rd party companies and any grievance with a third party service should be taken up with that provider directly.
19.2 Our help in organising and recommending 3rd Party suppliers does not constitute a package holiday or linked travel arrangement and therefore falls outside of the Package Travel Regulations
20.0 AIRPORT TRANSFERS
Airport Transfers are not included in the cost of your self-catered holiday with Résidence Frond’Neige. There are many airport transfer options available, but we recommend Taxi Morzine as our preferred transfer provider. This recommendation does not constitute a Linked Travel Arrangement and therefore falls outside of the Package Travel Regulations.
20.1 Résidence Frond’Neige are not responsible for compensating for any costs incurred due to unforeseen circumstances resulting in you missing your flight. Should you miss your flight due to inadequate pick up time, vehicle breakdown or accident, your transport provider will be responsible for providing a solution. Any additional costs incurred should be claimed against your holiday insurance.
21.0 TERMS OF CONTRACT
21.1 All descriptions on the Résidence Frond’Neige website are given in good faith and are believed to be correct. This is in relation to all aspects including activity pricing and information.
21.2 For the avoidance of doubt in the event of any conflict between the details on the Résidence Frond’Neige website and the T & Cs, the provisions of the T & Cs prevail.
21.3 The contract and the Agreement is made in accordance with these terms and conditions.
