TERMS & CONDITIONS
TERMS & CONDITIONS
The following booking conditions together with the general information contained on our website form the basis of your contract with ColdFusion Chalets Limited t/as ColdFusion Chalets of 23 Woodbury Rise, Malvern, Worcestershire, WR14 1QZ, company number 05477114.
Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and understand all these conditions and agree to them.
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.
In these booking conditions:
- “holiday”, “booking”, “ or “arrangements” mean such holiday arrangements.
- “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.
- “departure” means the start date of the arrangements which have been contracted.
Please note, none of the holiday arrangements we offer, constitute a “package” and accordingly, the Package Travel and Linked Travel Arrangements Regulations 2018 do not apply to them.
- Making your booking
All enquiries/bookings should be made primarily by telephone or e-mail. On receipt of your booking request 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 first named person on your booking will be the “party leader”. 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 making the booking, 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.
(1) a deposit of €150 per person
(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 clause 5 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 arrangements 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 us immediately as it may not be possible to make changes later.
You may contact us by e-mail for any of the reasons mentioned in these booking conditions to email@example.com.
We will communicate with you by e-mail in relation to your booking. Please, therefore, check your e-mails on a regular basis. We may also contact you by telephone and/or post if we cannot, for whatever reason, contact you by e-mail. Certain documents may need to be sent by post. References in these booking conditions to “send” and “in writing” include communication by e-mail.
Medical conditions/disabilities/reduced mobility and special requests:
The arrangements we offer may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. On request, we can advise you as to whether your proposed holiday arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
Should you suffer from any medical condition, disability or significant reduction in mobility which may affect your holiday (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed.
If you have any special request, you should advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier (where applicable), we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. 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. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) if it is important to you. Any special request which we have accepted will be specifically confirmed as accepted on your confirmation invoice.
- 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).
- 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.
We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your holiday arrangements, which excludes any amendment charges. You will be charged for any increase in our costs over and above that. If any surcharge is greater than 10% of the total holiday cost, clause 8 will apply on the basis the surcharge is a significant change. You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not less than 20 days before departure. Where a reduction is applicable, we are entitled to deduct our administrative expenses from the refund. Any surcharge must be paid with the balance of the holiday cost or within 14 days of the issue date printed on the invoice, whichever is the later.
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.
We promise not to levy a surcharge within 30 days of the start of your holiday. No refund will be payable during this period either.
- Changes by you before you Travel
Should you wish to make any changes to your confirmed arrangements, 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 €50 (€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 may incur cancellation charges.
- 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.
If you are unwilling to travel for any reason, or you are unable to travel due to medical reasons (including linked to Covid-19) and you wish to cancel your booking, cancellation charges will apply.
You must comply with any applicable Covid-19 guidance from your place of residence and the destination country. If you cannot and have to cancel your booking, cancellation charges will apply.
You should obtain travel insurance to cover the risk of cancellation for any reason.
In calculating these cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled accommodation to the extent this is likely to be achievable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges. Amendment charges are not refundable in the event of the person(s) to whom they apply cancelling.
|Period before departure within which written notification of cancellation is received by us||Cancellation charge per person cancelling|
|31 days or longer prior to departure||Full refund will be paid|
|15 – 30 days prior to departure||30 %|
|14 days or less prior to departure||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.
It is a condition of our acceptance of your booking that you obtain appropriate travel insurance. This insurance must include cover for (i) cancellation or curtailment of your holiday as a result of circumstances outside your control (including accident or illness and inability to travel for other reasons), (ii) personal accident, (iii) personal liability, (iv) medical expenses and repatriation in the event of medical need (v) cover for costs and liability arising from any specific activity you intend to participate in, including without limitation winter sports cover. Please note, it is your sole responsibility to ensure that the travel insurance purchased is suitable for your particular needs, including without limitation, in respect of any pre-existing medical condition (which must be disclosed to the insurer prior to purchasing the policy.)
Your insurance must include specific coronavirus related cover to include, without limitation, cover for cancellation, curtailment or an extension of your stay in the event that you or anyone with whom you have been in close proximity tests positive for Covid-19 or is awaiting a test result, you have Covid-19 symptoms or are required by the relevant authorities to self-isolate prior to travel or during your holiday. If you are unable to return to your home country as planned your policy should cover you for an extension of your stay.
Please be aware that any advice against non-essential international travel (including as a result of the coronavirus pandemic) issued by your home country may have an impact on your travel insurance. You must check the policy terms prior to purchasing your insurance.
Please read your policy details carefully and take them with you on holiday.
We offer a complimentary transfer service between the accommodation and the airport, and between the accommodation 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.
- Changes and cancellation by us
We start planning the arrangements we offer many months in advance. Occasionally, we have to make changes to and correct errors in advertising 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.
Please bear in mind that coronavirus and the measures and other action being taken by governments, public authorities and businesses to manage its effects (including implementation of mandatory social distancing, face masks/coverings, hand sanitization and temperature checks) is likely to have an impact on holiday arrangements for a considerable period of time.
We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures / action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure.
Any impact which such measures / action has on your holiday arrangements will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.
In the event that your holiday cannot proceed because your accommodation is not available for any reason (except as set out below in this clause) and we are unable to provide a reasonable alternative, we will refund the payments you have made to us for your booking. We will not be responsible for any other expenses including without limitation, the cost of flights or any other form of transport.
If in the 14 calendar days prior to the start of your accommodation booking it cannot proceed due to any of the following reasons linked to the coronavirus pandemic you will be entitled to a credit note for 100% of the booking cost to be used against a future booking with Cold Fusion. This voucher will be valid until April 2023.
The accepted coronavirus related reasons for cancellation are as follows*:
- the authorities of the country to where you are travelling impose regional or national restrictions which result in the closure of their border to non-residents, closure of the ski resort or essential facilities or necessitate the closure of your accommodation; or
- all ski lifts in the resort are closed due to coronavirus restrictions imposed by the authorities in your destination; or
- if you live in anarea (verified by the address given at the time of booking) subject to travel restrictions, a travel ban, or which would require you to quarantine on return.
* Where you wish to rely on this policy you will be required to provide evidence in support of your request for cancellation.
Should your holiday be cut short due to any restrictions being imposed part way through your holiday with us, no credit voucher will be issued. This will need to be claimed on your travel insurance. See clause 6 in relation to insurance.
In the event that you wish to cancel your holiday due to concerns about future government restrictions being applied, or a general unwillingness to travel because of Covid-19, or as a result of disruption to travel (flights or ferry/tunnel crossings) you will not be entitled to a credit note and normal cancellation charges as set out in clause 5 will apply.
Please note, a refund will only be provided where we are unable to provide your contracted accommodation in the circumstances referred to above. You will not be entitled to a refund and cancellation charges are likely to apply where you are unable to travel on holiday for any reason, including without limitation, an unwillingness to travel for any reason or inability to travel for medical reasons.
Very rarely, we may be forced by “force majeure” (see clause 9) to change or terminate your arrangements after they have commenced but before the scheduled end of such arrangements. 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.
- 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, loss or expense of any nature as a result of force majeure. In these booking conditions, force majeure means any event which a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, , industrial dispute, natural disaster, adverse weather conditions, fire, flood, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity. Force majeure also include the Covid-19 pandemic (and any other pandemic) and its impact such as travel restrictions and the measures and other action being taken by governments, public authorities and businesses to control and manage its effects (such as the implementation of social distancing).
- Our liability to you
(1) In order to provide your holiday arrangements, we operate accommodation and catering on a seasonal basis which we contract from chalet or hotel owners. We also arrange for the provision of airport transfers and other services. We do not ourselves own the accommodation. We undertake to use our reasonable skill and care in the provision of the accommodation services where these services are provided by our employees. For all services (which includes transfers) which are provided by any person or entity other than our employees, we undertake to use our reasonable skill and care in the selection of those suppliers but, providing we have done so, are not responsible for their acts and omissions or for the actual performance of those services.
(2) We operate a booking service for additional services. We are not recommending or endorsing a particular provider and we can offer you alternative provider information if required. Where we facilitate the purchase of additional services such as ski hire, ski lift passes, or ski lessons we are not liable for the acts and defaults of the third parties who provide those services, including, without limitation, transfer companies, ski hire providers or ski lift providers. Therefore, providing we have selected the agent or supplier with reasonable skill and care, we will have no liability to you for anything that happens during the provision of such arrangements or any acts or omissions of the agent or supplier or others.
(3) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any nature whatsoever which results from any of the following:-
‑ the act(s) and/or omission(s) of the person(s) affected; or
‑ the act(s) and/or omission(s) of a third party not connected with the provision of your holiday arrangements and which were unforeseeable or unavoidable; or
‑ Force Majeure as defined in clause 9 above.
(4) We do not make any representation or commitment that the services which we have contracted to provide, or facilitated the booking of, will comply with applicable local laws and standards and failure to comply does not automatically mean we have breached any of our obligations to you.
(5) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) on any basis, the maximum amount we will have to pay you is €250.00 per person affected. Any payment is subject to your producing appropriate proof of the contents and value of the luggage or personal possessions concerned and demonstrating that you have taken proper care of your property.
(6) 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 twice the price (excluding amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.
- 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 us 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 should submit full details of your complaint to us in writing within 28 days of your return to your home country 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.
- Behaviour and damage
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 (reasonably estimated if not precisely known) must be paid as soon as possible. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also 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. You should have appropriate travel insurance to protect you if this situation arises.
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.
- Conditions of suppliers
Many of the services which make up your holiday arrangements 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.
- Website and holiday information, excursions, and activities
The information contained on our website is correct to the best of our knowledge at the time of publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check all details of your chosen arrangements (including the price) with us at the time of booking.
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.
- Passports, visas and health requirements
British citizens currently (October 2021) require a passport valid for at least 3 months on the day after you leave when visiting France. Your passport must also be less than 10 years old on the day after you leave. Any extra months on your passport over 10 years may not count towards the minimum period needed. A visa is not currently required. Requirements may change and you must check the up to date position in good time before departure. A full British passport would usually take approximately 3 to 6 weeks to obtain but can take much longer. If you or any member of your party is 16 or over and haven’t yet got or had a passport, even more time needs to be allowed as UK Passport Service has to confirm your identity before issuing your first passport.
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 relevant embassy or consulate of the of the country(ies) to or through which you are intending to travel.
It is your responsibility to ensure you obtain details and comply with all recommended and required vaccinations, health precautions and other health related measures (including those which are introduced to deal with coronavirus) in good time before departure.
Details should be available from your GP surgery and for British Citizens from the National Travel Health Network and Centre www.nathnac.org. Information for British Citizens on health abroad is also available on www.nhs.uk/Livewell/Travelhealth.
If you or any member of your party lives outside the UK, you must check what vaccinations, health precautions and other health related measures are recommended or required in your country of residence for travel to France and to any countries through which you may transit or stop off.
Some countries will require that travellers have received at least 2 vaccinations against Covid-19 in order to gain entry to that country. Usually your second vaccine needs to have been given at least 2 weeks before travel. You may also be required to have a health pass showing your vaccination status (or a negative Covid-19 test result) to access public services, restaurants, cafes, public transport or other venues. It is your responsibility to check any such criteria before you travel.
Vaccination and other health requirements/recommendations are subject to change at any time. If you are unable to travel as a result of failure or inability to comply with any health related or other requirements, cancellation charges will apply as set out in clause 5.
- UK and French Government advice
The UK Foreign Commonwealth and Development Office publishes regularly updated travel information on its website www.fco.gov.uk/knowbeforeyougo.
The French Ministère de L’Europe et de Affaires Etrangeres also publishes updated travel information on its website (in English) www.diplomatie.gouv.fr/en/coming-to-france.
You are recommended to consult travel advice before booking and in good time before departure.
- 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.
- Covid-19 and contagious or infectious disease
If you are unwell with any of the following: a high temperature, new continuous cough or a loss of, or change in, your normal sense of taste or smell (anosmia), you must self-isolate and follow the guidance issued by your own government or public health authority. Cancellation charges will apply if you are unable to travel as set out in clause 5 as a result.
If you become unwell during your holiday, you must follow the guidance provided locally and by your national government. If you are required to isolate in France you will not be allowed to remain in your accommodation without paying additional charges and may not be able to remain after the end of your contracted stay. You must have insurance to cover you in the event that you have to cancel, curtail or remain abroad for any reason connected with Covid-19 or any other contagious or infectious disease.
The copyright in this document belongs to MB Law Solicitors trading as mb LAW of 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.