Terms and Conditions

Booking Conditions

These Booking Conditions, together with our privacy policy and our website terms and conditions of use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Powder N Shine Ltd (“we” or “us”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:-

  1. He/she has read these booking conditions and  has the authority to and does agree to be bound by them;
  2. He/she consents to our use of information in accordance with our Privacy Policy;
  3. He/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services.

Our website offers accommodation, transfers and other services such as ski passes that are available to be purchased separately. In other words, you may decide to just purchase accommodation from us or you may decide to purchase accommodation and a transfer, ski pass etc. Whatever you decide, we will treat each element as a separate booking so that the price charged in total for the booking of more than one element will always equal the prices charged separately for each individual element. To help you to identify which element you would like to book, prices on our website are listed by element and each element of the booking is available to buy separately at the same price as it would be if more than one element is booked. This means that any multiple bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992. Please note that in relation to add-on services such as ski passes, transport, ski lessons etc, (whether bought in resort or in advance), we do not supply these services and act merely as agent for third party providers. The booking conditions of those providers shall apply and they will contain the applicable cancellation/changes charges.

Very occasionally, we do sell Package Holidays, and the additional terms which apply to these bookings can be found at Section B. You will be advised where you have booked a Package Holiday.

1. The Contract

These booking conditions form the basis of the contract between Powder N Shine Ltd and you. When you ask for your booking to be confirmed and you pay a non-refundable deposit (or pay in full if you are booking within 8 weeks of departure), subject to availability, a contract will exist as soon as we issue you with a confirmation invoice. It is your responsibility to check this confirmation invoice and to urgently advise us if there are any errors or omissions. It is your responsibility to ensure that all names are shown exactly as written in each passenger’s passport. It may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.

Bookings can be made by telephone 0845 163 75 96 OR +44 7962 237 910 and / or email info@powdernshine.com.

2.  Law & Jurisdiction

This contract and all matters arising out of it are governed by English law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your holiday will be dealt with by arbitration as referred to in clause 11 (if the scheme is available for the claim in question) or by the Courts of England and Wales only.

3. Payments and Pricing

3.1 Payment:

Powder N Shine Ltd accept payment by electronic bank transfers, credit and debit cards by phone and cheques in order to make a reservation. If a booking is made 56 or more days before departure, a non-refundable deposit will be payable. A £150 deposit per person is required at the time of booking and the balance is due 8 weeks prior to your arrival. Reservations made within 8 weeks of arrival require full payment at the time of booking. Powder N Shine Ltd cannot be held liable for any credit card, debit card or bank charges and any fraudulent use of credit cards will be reported to the police. If we do not receive all payments due in full by their due date we will treat the booking as cancelled by you and you agree to pay the cancellation charges as described in the Clause 4.

We regret that Powder N Shine are unable to accept traveller’s cheques in resort.

3.2. Price Policy:

All our prices are based on a per person basis on a minimum of double occupancy for the period indicated (usually 7 nights). Single occupancy of rooms is a 50% per room supplement. Prices can be adjusted to comply with individual requirements. All prices are quoted in Sterling pounds (£GBP) and based on prices current at the time of printing. The prices quoted, shown on our website and in supplementary promotional material apply at the time, however are subject to change without notice. The price of your arrangements will be confirmed on booking. When you have booked and paid your deposit or the full amount if you book within eight weeks of departure, the price of your booking as shown on your confirmation invoice is guaranteed unless you elect to change the confirmed booking. The price of your confirmed booking is also subject at all times to changes in transport costs, such as fuel, which are part of our contracts with transport provider’s; to cost changes arising from government action such as changes in VAT or any other government imposed changes; and to changes in the currency exchange used to calculate your arrangements any or all of which may result in a variation of the price of your arrangements.

The costs of all standard taxes are included in our prices. Due to the financial commitments being made by us we regret that we are not able to make reductions in prices once a booking is made and confirmed even if special offers become available. Special offers are for new bookings only. You may not “amend” to take advantage of any discounts or special offers released after you have already booked.

 3.3 What is included in your holiday price

  • 7      nights’ accommodation;
  • 7      breakfasts, 6 afternoon teas, 6 four-course evening meals with wine (half      bottle per person);
  • Canapés      and aperitifs 6 days per week;
  • Bed      linen, towels, bath robe and slippers;
  • Sauna      and Hot tub facilities within all chalets;
  • Toiletries      and mid-week towel change;
  • Hairdryers      are available in the chalets for your use but there is not one hairdryer per      person so if you require a hairdryer and are unhappy to share we suggest      you bring your own;
  • Entertainment      system;
  • TV,      DVD player and Satellite;
  • DVD,      book and CD library;
  • Ski      hosting 1 day per week if requested;
  • Booking      a restaurant of your choice on your chalet host’s day off;
  • Pre-booking      service – ski pass collection (paid in advance of arrival);
  • Pre-booking      service – advice and booking of ski and snowboard lessons, group or      private (paid in advance of arrival).

3.4 What is NOT included in your holiday price:

  • Travel      to the chalet;
  • Transfers      – we are more than happy to organise your transfers for you with our      preferred partner Mountain Express who have competitive quotes for travel      to our chalets;
  • Ski      passes, equipment hire, ski lessons, and childcare – as stated in our      website Powder N Shine Ltd will happily organise all of the above for you      if requested;
  • Travel      insurance;
  • The      cost of any meals taken outside of the chalet, including the evening meal      on the chalet host’s night off;

3.5. Discounts:

Where a group discount is offered, the party leader must make the group’s reservation on one booking. The group must also be prepared to share rooms where necessary to maximise the capacity of the chalet. Where child prices are offered, they apply only where children are occupying bunk rooms or designated child beds – child occupancy of other rooms or beds will incur the full adult price unless otherwise agreed in writing.

4. Cancellations and changes made by the client

4.1 Changes made by you to a confirmed booking

If you would like to make any changes to your reservation after the confirmation invoice has been issued, the party leader must contact us  in writing either to your Powder N Shine representative or at our head office in London, UK and we will try to meet your request. All changes made are subject to availability at the time of the request. If we are able to meet the requested change,  a non-refundable administration fee 65  per person per alteration will be payable, as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. Some of these charges may need to be paid by you locally. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Any alteration by the customer within 3 weeks of departure date will be treated as a cancellation and be subject to the cancellation charges set out below.

PLEASE NOTE: Certain arrangements may not be amended, even to change a name, after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

If one member of the party wishes to cancel this may mean that the accommodation booked will be under-occupied and result in the remainder of the party having to pay any applicable supplements to retain the booking. The accommodation booked is only available for use by those persons included on the booking unless otherwise agreed by us in writing.

If you cancel your holiday after final payment due to circumstances beyond the control of Powder N Shine Ltd, compensation or refunds will not be payable by Powder N Shine Ltd and any such claims should be forwarded to your insurers.

4.2. Changes by you to a confirmed booking whilst abroad

We regret that no credit or refund is possible for any unused services provided in the cost of your booking. If you decide to change your travel arrangements whilst abroad this is your own responsibility and neither Powder N Shine Ltd nor our agents or suppliers are responsible for any costs or losses that may arise as a result of such alterations. No credit or refund is possible for any lost, mislaid, stolen or destroyed documents.

4.3. Cancellations / refunds

If you wish to cancel all or part of your booking once a confirmation invoice has been issued, we must be notified in writing by the party leader. We will acknowledge your cancellation within 2 days of receipt. Please contact us immediately if you have not received our acknowledgement within this time.

Cancellation charges will be applied at the date we receive the written notification of cancellation. Deposits, insurance premiums and amendment charges are not refundable. We strongly recommend that you take out full travel insurance, which includes cancellation cover.

As we incur costs from the time you make your booking, you agree that if you cancel your booking or any element(s) of it, you will compensate us for our expenses and losses up to the maximum charges shown below. Our cancellation charges increase the closer to your confirmed departure date that your written cancellation is received at our offices. This is because we may have to pre-pay our suppliers and there is also a reduced opportunity for us to re-sell your booked arrangements as we near the departure date.

Number of weeks prior to   departure   when written confirmation is received by us: Cancellation charge as a % of total price of the   element(s) of the booking cancelled:
More than 8 weeks before
departure
Loss of deposit
6-8 weeks of departure   date 50%
2-6 weeks of departure   date 75%
Less than 2 weeks of   departure date 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. 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.

All refunds are subject to the return of all unused documents. Any amendment charges are non-refundable. It is not possible to make refunds after departure from the UK for any services not used.

If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangement(s)) providing we are notified not less than 28 days before departure and you pay an amendment fee of £75 per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs.

 

5. Alterations to your holiday by Powder N Shine Ltd

It is highly unlikely that we will have to make any changes to your holiday. Occasionally changes have to be made, which we reserve the right to do at any time. The majority of these changes will be minor and we will advise you at the earliest possible date. Occasionally, we have to make a ‘major change’. The following are examples of major changes when made before departure: a change of accommodation area for the whole or a significant part of your time away, a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away or a change of the overall length of your time away by twelve or more hours. If we have to make a major change or cancel your booking, 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:-

a) (for major changes) accepting the changed arrangements;

b) Cancellation of the booking and a full refund of all monies paid in respect of the changed or cancelled element;

c) Accepting an offer of alternative arrangements of a standard comparable to the element(s) affected from us, if available, or paying the price difference for alternative higher value arrangements of your choosing (we will refund any price difference if the alternative is of a lower value).

You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative arrangements. The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.

The above options will not be available where we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.

Very rarely, we may be forced by “force majeure” (see clause 8 below) to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.

6. Insurance

You must be adequately insured to cover your booked arrangements, winter sports, your particular needs and which provides cover, as a minimum, for the cost of cancellation by you, a 24-hr emergency and repatriation service in the event of accident or illness, loss of luggage, delay and curtailment cover plus loss of personal items and cash. Powder N Shine Ltd accepts no liability for any clients travelling without adequate travel insurance. Please note that insurance must be valid / effective from the date of booking, to cover you in the event of unavoidable cancellation due to illness etc. We may ask for evidence of cover. Any other excursions or hazardous activity in which you partake locally, such as tobogganing, paragliding, inner-tubing or snow-mobiling etc, are at your own risk and liability and may not be covered under the terms of your holiday insurance. Please check the details of your individual policy before participation.

7. Client Responsibility and Behaviour

All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any chalet manager or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the chalet manager or other supplier prior to departure from the chalet. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. Powder N Shine Ltd also reserves the right to deduct an appropriate amount from your credit card to pay for such damages. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

8. 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 contractual obligations is prevented or affected by or you otherwise suffer any damage or loss (as more fully described in clause 9 Company Liability 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 (including snow conditions), fire and all similar events outside our our own or the relevant supplier(s) control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.

9. Company Liability

(1)  Subject to clause 9(2), we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.

(2)  In the supply of anything other than your accommodation, we act as agent only. Our only obligations to you in relation to bookings of this nature, such as ski passes, ski lessons etc is to enable you to gain entrance/access to particular equipment or areas of the resort are to take your booking in accordance with your instructions and provide you with a ticket or voucher to enable you to gain entry/access to the arrangement(s) in question. We cannot accept any liability for the provision of the arrangements themselves which are provided by the suppliers of those arrangements or for the acts or omissions of the supplier(s) concerned or any of its employees, agents, suppliers or subcontractors. The terms and conditions of the supplier concerned will apply to the arrangement(s) in question. Copies of those terms and conditions are available on request.

(3) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-

a)     The act(s) and/or omission(s) of the person(s) affected;

b)     The act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

c)     Unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or

d)     An event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

(4) Ski Hosting Service: In the event that any injury or other enforced absence to one or more of our ski hosts causes our normal service to be curtailed or restricted, this will not be accepted as a cause for compensation claim. Skiing and allied activities are known to be hazardous sports, therefore clients are responsible for assessing their own capabilities and participate in ski hosting at their own risk.

(5) We limit the amount of compensation we may have to pay you if we are found liable under this clause in the following ways:

a) Loss of and/or damage to any luggage or personal possessions and money,

The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the applicable excess on your travel insurance policy because you are assumed to have adequate insurance in place to cover any losses of this kind.

b) Claims not falling under (a) above or involving injury, illness or death

The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total.

(6) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

(7) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

(8) Please note we cannot accept any liability for:

(a) Any damage, loss or expense or other sum(s) of any description 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

(b) Any business losses.

(9) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

(10) Nothing in these Booking Conditions is intended to exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

10. Dealing with Complaints

In the unlikely event of problem occurring during your holiday, a complaint should be made immediately whilst in resort, either to the local Powder N Shine representative (if any), Chalet staff or relevant supplier. You can also formally register your complaint at the time, by filling out a customer report form (available on request from the Chalet staff or relevant supplier). If your complaint cannot be resolved locally, you should then write to us with 28 days of your return, quoting your booking reference number. Upon receipt of your letter or email, we will acknowledge it within 5 days, investigate the points raised and reply with 28 days or, if this is not possible, send you an interim letter advising of our progress.

If, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we recommend that it is referred for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close. Details of this scheme are available from The Travel Industry Arbitration Service, administered by Dispute Settlement Services Ltd at 9 Savill Road, Lindfield, Haywards Heath, West Sussex, RH16 2NY or from ABTOT, Tower 42, Old Broad Street, London, EC2N 1HG. This scheme cannot however decide in cases where the sums claimed exceed £1,500 per person or £7,500 per booking form, or for claims which are solely or mainly in respect of physical injury or illness or the consequences thereof.

11. Website Accuracy

All information in our website is, to the best of our knowledge and belief, correct at the time of publication. However, occasionally changes and errors occur and we reserve the right to make changes to information contained within our website and to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.  If any facility detailed in this website is essential to the enjoyment of your holiday, please advise us at the time of booking and we will try to advise you of the latest information. However, we are sure you will understand that at times certain advertised facilities may not be in operation and we may have no information or prior warning of such matters. Early and Late Season: Due to poor weather conditions, or low number of tourists in resort, particularly in early or late season, cable cars, chair lifts, certain sporting activities or other facilities such as saunas, swimming pools, ice rinks etc., may not be operational. Decisions to operate such facilities are not made by ourselves and we are not always advised of such decisions by the operators. Also, ski and public bus services may not be fully operational. Also, please note that pictures only present a representation of the product.

12. Passports, Visas and Health Requirements

British or European citizens require a full passport or valid travel document for the holidays we offer. Requirements may change and you must check the up to date position in good time before departure. For UK citizens, 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 and you should obtain a European Health Insurance Card (EHIC) (details in leaflet T6 referred to above) prior to departure. For citizens of other countries, you should check requirements locally before departure.

It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure – including ensuring their validity extends beyond the end date of your holiday. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you 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 EU 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.

13. Special Requests and Medical Problems

If you have any special request, you must advise us in writing (email) at the time of booking. 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 fulfilment 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.

14. Activities and excursions

We may provide you with information (in our brochure and/or website and/or when you are on holiday) about activities and excursions which are available in the area you are visiting.

We have no involvement in any such activities or excursions which are not run, supervised or controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 9 of our booking conditions will not apply to them.

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 in our brochure 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 endeavour to pass on this information at the time of booking.

Where we make or take any booking for or from you in respect of any activity facility or excursion available in resort for example ski pass, equipment rental, ski school, crèche or nanny services, summer alpine activities, we do so solely as booking agent. This is the case regardless of whether the activity facility or excursion is advertised or mentioned in our brochure, in resort, on our website or elsewhere. Your contract for any such activity facility or excursion will be with the supplier or operator of that activity or excursion. We have no liability for any such activity facility or excursion or for any act(s) or omission(s) of the supplier or operator or for any of its/their employees or agents or any other person(s) connected with the activity or excursion. If we are found liable in any respect for any such activity or excursion (for example in our capacity as booking agent), that liability is limited to the cost of the particular activity facility or excursion concerned.

15. 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.

16. Conditions of Suppliers.

The services which make up your booking are provided by independent suppliers.  Those suppliers provide these services in accordance with their own terms and conditions Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us.  Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

17. Pets

Powder N Shine Ltd does not accept pets in our accommodation (unless a guide dog is required).

18. No Smoking

For fire safety reasons, there is a no smoking policy in our catered chalets Flocon des Neiges, Le Chamois and Sapin de Reberty. Clients may only smoke on external balconies and terraces. We reserve the right to consider any guest failing to comply with this policy as ‘likely to cause damage to property’ as defined in Clause 7.

19.  Saunas/Jacuzzi

Where sauna and/or jacuzzi facilities are provided in the chalet, or other similar services, the use of these is at the client’s own risk. Clients are advised to read and abide by the safety notices posted in the chalets regarding the use of these facilities. Where such facilities are provided, we will do our utmost to ensure that they are in full working order throughout your holiday. However, we cannot accept claims for any unforeseen breakdown or mechanical failure which might prevent such facilities being operational. We further reserve the right to close such facilities, without notice and without compensation, if the rules and safety notices relating to their use are not followed by Clients, particularly where we consider there to be any sort of safety risk.

19.  Bed linen/towels

The chalet includes bed linen andtwo bath towels and two hand towels per person per week. Towels are changed Wednesdays and Saturdays. We also provide bath robes and slippers for our clients to make use of the spa area.

20.  Check in/out

Accommodation is normally available from 3pm on the day of arrival and you should anticipate checking out before 10am on the day of departure.

21. Access

We regret that our chalets are not suitable for wheelchairs or people who have difficulty climbing stairs.

22.  Rooms

Please make specific enquiries when booking to ensure the accommodation meets your requirements.

23. Meals

Meals are included with your booking, however on the chalet host’s day off, only a Continental breakfast will be provided. Lunch however is not included with your booking.

24.  Cots

These are usually available and should be requested at the time of booking. Cot linen is not usually provided. Please note we cannot guarantee that cots will meet British safety standards, and that the inclusion of a cot may restrict room space. Please contact us for further information.

25. Baby food

Powder N Shine Ltd cannot provide baby food, but are happy to assist with preparation of your own baby food.

26. Supervision of Children

Children must be supervised at all times by their parent/guardian and Powder N Shine Ltd accept no liability for failure to do so. Please note that Children are not allowed in the saunas in our chalets Flocon des Neiges, Le Chamois and Sapin de Reberty and MUST be fully supervised at all times in and around the hot tub area.

27. Lost Property

In the event that clients lose property while on holiday or leave items in the chalet when returning home, no responsibility will be accepted by Power N Shine Ltd in the event that the property is not recovered, returned or returned in a damaged state.

28. Other Groups

Powder N Shine Ltd reserve the right to have additional guests staying in the chalet unless the whole chalet is booked.

29. Live in Staff

Powder N Shine staff live in Flocon des Neiges Le Chamois and Sapin de Reberty on the top floors.

30. Arrival & Departure Day

On your arrival day, you are welcome into our chalet from 3pm. Unfortunately, if you arrive earlier we can’t let you in until the property has been turned around following our previous clients. You are very welcome to leave you luggage in our garage until 3pm.

All guests need to leave the property by 10am on departure day, so that the chalet can be turned around for the following guests. You are however welcome to leave you luggage in our chalet until you leave, if you have a later flight.

 

SECTION B – TERMS WHICH APPLY TO PACKAGES[FA1] 

Very occasionally, we may sell a Package Holiday as defined by the Package Travel Regulations 1992. In these circumstances, your package holiday shall be financially protected in accordance with clause [ ] and the following additional terms and conditions shall apply to your booking.

31. Your Holiday Price

We reserve the right to amend the price of unsold arrangements at any time and correct errors in the prices of confirmed arrangements. The price of your confirmed holiday arrangements are subject at all times to changes in transport costs such as fuel, and any other cost changes which are part of our contracts with transport providers; and to changes in the currency exchange used to  calculate your arrangements and to rates, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation in the price of your travel arrangements.

If you have booked a package with us, we will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission.  If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. There will be no change in the price of any package within 30 days of your departure. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your holiday cost, then any refund due will be paid to you. However, 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. If you have not booked a package, the options in this clause will not be available to you.

32. If you cancel your booking

You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices and will be effective from the date on which we receive it. Since we incur costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

The percentage below relates to the total cost of the arrangements in question (excluding insurance premiums, amendment fees and credit card charges) and the period relates to the period of time prior to departure that the cancellation is received by us:

If you cancel a package:

Number of weeks   prior to departure when written confirmation is received by us: Cancellation charge   as a % of total price of the element(s) of the booking cancelled:
More   than 8 weeks before departure Loss   of deposit
6-8   weeks of departure date 50%
2-6   weeks of departure date 75%  
Less   than 2 weeks of departure date 100%

 

Special Note: Certain arrangements (in particular, flights) may incur a cancellation charge of up to 100% of that part of the arrangements irrespective of the amount of notice of cancellation you give in addition to the sums detailed above.

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us.

If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 28 days  before departure and you pay an amendment fee of £50 per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us.  If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.

33. If we change or cancel your booking

It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements before the date on which the final balance of your arrangements is due, except for reasons of force majeure or failure by you to pay the final balance.

”Examples of “major changes” include the following when made before departure; a change of accommodation area for the whole or a significant part of your time away, a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away, a change of outward departure time or overall length of your arrangements of twelve or more hours. A significant change to your itinerary, missing out one or more destination entirely. Examples of “minor changes” include the following when made before departure: any change in the advertised identity of the carrier(s), flight timings, and/or aircraft type; a change of outward departure time or overall length of your holiday of twelve hours or less, or a change of accommodation to another of the same standard or classification.

If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of i) (for major changes) accepting the changed arrangements ii) having a refund of all monies paid or iii) accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.

In respect of bookings of packages only, if we make a major change or cancel, less than 10 weeks before departure, we will also pay compensation as detailed below:

[INSERT CANCELLATION CHARGES]

We will not pay you compensation where we make a major change or cancel more than 10 weeks before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond ours or the applicable supplier’s control, the consequences of which we could not have avoided even with all due care or if we cancel your arrangements because the minimum number of participants to run the arrangements has not been reached. (We will tell you if we have to cancel for this reason not less than 45 days before departure).

The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.

We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.

Very rarely, we may be forced by “force majeure” (see clause 10) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.

If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.

34. Our Responsibilities

1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday.  Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-

(a)    the act(s) and/or omission(s) of the person(s) affected;

(b)    the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

(c)    unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or

(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a) loss of and/or damage to any luggage or personal possessions and money,

The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.

(b) Claims not falling under (a) above and which don’t involve injury, illness or death

The maximum amount we will have to pay you in respect of these claims is twice the price 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 or your party has not received any benefit at all from your booking.

(c)    Claims in respect of international travel by air, sea and rail, or any stay in a hotel

i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.

ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.

iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

(5)           Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) 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 (b) relate to any business.

(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.

35. Prompt Assistance in Resort

If you have booked a package and the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.

36. Financial Security

As a member of the Association of Bonded Travel Organisers Trust Limited (ABTOT), Powder N Shine Ltd has provided a bond to meet the requirements of the Package Travel, Package Holidays and Package Tours Regulations 1992.

In the event of insolvency, protection is provided for non-flight packages commencing in and returning to the UK and other non-flight packages excluding pre arranged travel to and from your destination. Please note that packages booked outside the UK are only protected when purchased directly with Powder N Shine Ltd.

In the above circumstances, if you have not yet travelled you may claim a refund, or if you have already travelled, you may claim repatriation to the starting point of your non-flight package.


 [FA1]The following terms need to be included for packages by virtue of the package travel regulations 1992.

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