The following Booking Conditions together with the General Information contained on this website form the basis of your contract with ColdFusion Chalets Limited t/as ColdFusion Chalets Please read them carefully as they set out our respective rights and obligations.

These Booking Conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these Booking Conditions to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements.
In these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date). “We”, “us” and “our” means ColdFusion Chalets.

  1. Making your booking
    All enquiries/bookings should be made primarily by telephone or e-mail. On receipt of your booking details we will check to see if your chosen arrangements are available. If they are and you wish to proceed with your booking, we will hold a provisional reservation for you. No contract exists between us at this stage. 

    You will then have 3 working days to download and send us a completed booking form along with the payments set out below. The party leader must complete and sign our booking form. He/she must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking and their parent or guardian for all party members who are under 18 when the booking is made. By signing the booking form, the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made.

    Payments
    (1) a deposit cheque (deposit of £150 per person)
    OR
    (2) payment of the full cost of the holiday if it is 8 weeks or less before you go

    Non-receipt of deposits and completed signed booking forms by us within 3 working days of making a telephone/e-mail reservation may mean that we will release your chosen week/s to other enquirers. All balances must be paid no less than 8 weeks before departure (or full payment if booking less than 8 weeks before departure.) If you fail to make all payments in full and on time, we reserve the right to cancel your booking and retain all deposits paid or due at that time. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in the section headed “Cancellation by you” depending on the date we reasonably treat your booking as cancelled.

    Confirming your booking
    Once we have received your booking form and all appropriate payments, we will, subject to availability, confirm your holiday by issuing a confirmation invoice setting out your holiday details and the price. This invoice will be sent to the party leader. We advise you to check this invoice carefully. If there is an error on your invoice, please contact ColdFusion immediately as it may not be possible to make changes later.

    Special requests and medical problems:
    Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
    We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfillment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
    If you or any member of your party has any medical problem or disability which may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.

  2. Your contract
    A binding contract between us comes into existence when we despatch our confirmation invoice to the party leader. We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (except as set out below). We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply). 

    Changes to these Booking Conditions [or the General Information shown in our brochure] will only be valid if agreed by us.

  3. The cost of your holiday
    We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. 

    Once the price of your chosen holiday has been confirmed at the time of booking, we will only increase or decrease it in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, if our costs increase or decrease as a result of transportation costs increasing or decreasing or our costs increase or decrease as a result of any changes in the exchange rates which have been used to calculate the cost of your holiday.

    Even in the above cases, only if the amount of the increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges), will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause 8 “Changes and Cancellations by us”. Please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.

    A refund will only be payable if the decrease in our costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs.

    You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel or purchase another holiday. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.

    We promise not to levy a surcharge within 30 days of the start of your holiday.

    Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.

  4. Changes by you before you Travel
    Should you wish to make any changes to your confirmed holiday, you must notify us as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of £15 (£10 for name changes) per person/per booking will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. Please note – these costs may have changed since the date you made your booking. Any changes to your confirmed holiday dates made less than 2 weeks before departure will incur cancellation charges.
  5. Cancellation by you
    Should you or any member of your party need to cancel your chosen holiday once it has been confirmed, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) canceling excluding amendment charges. Amendment charges are not refundable in the event of the person(s) to whom they apply canceling.

    Period before departure within which written notification of cancellation is received by us Cancellation charge per person canceling
    More than 56 days Deposit Only
    36-56 days 60%
    21-35 days 80%
    21 days or less 100%

    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 (see clause 6). Claims must be made directly to the insurance company concerned.

    Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.

  6. Insurance
    We consider adequate travel insurance to be essential. Such insurance should at least provide cover for the cost of assistance including repatriation in the event of accident or illness and cancellation by you. We cannot accept responsibility for any costs you incur as a result of your failure to take out such insurance. Please note that some policies exclude certain winter sports from the cover provided. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check alternative insurance policies. Please note: insurance premiums must be paid as soon as possible as cover will not be effective until we receive all applicable premiums in full. 

    Please read your policy details carefully and take them with you on holiday.

  7. Transfers
    We offer a complimentary transfer service between the chalets and the airport, and between the chalets and ski-slopes in resort. These transfers will either be made in a ColdFusion vehicle or in a vehicle of a sub-contracted transfer company. It is your responsibility to check the return transfer details to the airport from resort and to check that you will be given enough time to arrive to check in at the recommended time advised by the airline. It is also your responsibility to ensure that you and your party are present at the correct pick-up point and at the correct time advised by resort staff as our transfers will leave promptly and will not wait for guests who have failed to follow these instructions. We will also not accept liability for any ski/snowboard lessons or other activities missed/disrupted due to a delayed transfer in resort as a result of factors beyond our control. It is advisable to check that your insurance policy will cover you should the above described incidents occur.
  8. Changes and cancellation by us
    We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in website and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we promise we will only cancel your confirmed booking 8 weeks or less before departure where you have failed to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where we are forced to do so as a result of “force majeure” as defined in clause 9 below or insufficient numbers are reached (see below). We will not cancel after this date for any other reason. 

    Most changes are minor. Occasionally, we have to make a “significant change”. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major affect on your holiday. Significant changes are likely to include for example the following changes when made before departure; a change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away or a change of accommodation area for the whole or a major part of the time you are away.

    If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-

    1. (for significant changes) accepting the changed arrangements
    2. purchasing an alternative holiday from us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. If this holiday is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other then available holidays. You must pay the applicable price of any such holiday. This will mean your paying more if it is more expensive or receiving a refund if it is cheaper
    3. canceling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us

    Please note, the above options are not available where any change made is a minor one.

    If we have to make a significant change or cancel, we will as a minimum where compensation is due pay you compensation depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where

    1. we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or
    2. the minimum number of persons required to operate your holiday have not been reached – in this case we will notify you by the deadline [as shown in the description of the holiday in question.]. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or if the change made is a minor one. A minor change is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your confirmed holiday

    Very rarely, we may be forced by “force majeure” (see clause 9) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.

  9. Force Majeure
    Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 10(1) below) as a result of “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 events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
  10. Our Liability to you
    (1) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, or (but not in the case of accommodation only bookings) our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, (but not for accommodation only bookings) we will be responsible for what our employees, agents and suppliers do or do not do but only if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers). 

    (2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: –

    – the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or

    – the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or

    – ‘force majeure’ as defined in clause 9 above

    (3) 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 or any other supplier agrees to provide for you where the services or facilities are not advertised on our website and we have not agreed to arrange them andany excursion you purchase in resort. Please also see clause 17 “Excursions Activities and Website Information”. In addition, regardless of any wording used by us on our website, in any of our or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

    (4)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. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.

    (5) As set out in these booking conditions we limit the maximum amount we may have to pay you for any claims you may make against us.

    Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £250 per person affected unless a lower limitation applies to your claim under this clause or clause 10(6) below.

    For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is 150% the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 10 (6) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.

    (6) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.

    (7)You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 12 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.

  11. Complaints and problems
    We pride ourselves on the provision of high quality holidays. In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform our representative and the supplier of the service(s) in question in resort who will endeavour to resolve the problem. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must ask our representative for a Customer Report Form, fill it in and return a copy to him/her, retaining a copy for your own records. You must send full details of your complaint to us together with a copy of the Customer Report Form within 28 days of your return to the UK giving your booking reference. If you fail to follow this simple complaints procedure, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result. For all complaints and claims that do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim with the 28 day time limit referred to above.
  12. Behaviour
    When you book 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 paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) 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 behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.

  13. Conditions of suppliers
    Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you. Copies of the relevant parts of these terms and conditions (if any) are available on request from ourselves or the supplier concerned.
  14. Website and Holiday Information, Excursions, and activitiesThe information contained on our website is correct to the best of our knowledge at the time of publication. We may provide you with information (on our website, verbally and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the resorts/area you are visiting generally (except where this concerns the services which will form part of your contract) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities mentioned on our website which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to resort/area information and/or such outside activities which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.NB: The term “bathroom” is used generically and does not always guarantee the inclusion of a bath tub.

    During high season and even at other times, it is possible that you may be disturbed by noise from other, less considerate groups. It is important that you take this into consideration when choosing your holiday dates.

    Transfer times stated for travel between the airport and resort are approximate times only and may change.

    Some of the activity pictures featured on our website have been chosen to represent the atmosphere and essence of the activity and do not necessarily show the location where any activity you wish to take part in will take place.

  15. Passports, visas and health requirements
    The passport, visa and health requirements applicable at the time of printing to British citizens for the holidays we offer are shown elsewhere in this brochure. A full British passport presently takes approximately 4 weeks to obtain. If you or any member of your party is 16 or over and haven’t yet got a passport, our recommendation is that you should apply for one at least 6 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and from October 2006 will ask you to attend an interview in order to do this. 

    Requirements may change and you must check the up to date position in good time before departure. Information on health is contained in the Department of Health leaflet T6 (Health Advice for Travellers) available from your local Department of Health office and most Post Offices. For holidays in the EEA you should obtain an EHIC (European Health Insurance Card) prior to departure. NB this card replaced the E111. From January 2006 E111 forms will not be vailid.)

    It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.

  16. Prices and Website Accuracy
    Please note, the information and prices shown on our website may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of the website and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking. 

    This website is our sole responsibility. It is not issued on behalf of and does not commit any independent organisation/carriers whose services are featured in it.

  17. Safety standards
    Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower. 

    The copyright in this document belongs to MB Law Solicitors, Studio 3 The Quays, Concordia Street, Leeds LS1 4ES, tel 0113-242 4444. Ref: CGI All copies of these conditions must include the words © MB Law Solicitors