Please read the Booking documents (Booking Form and Terms and Conditions) carefully as they are legally binding and constitute the terms and conditions of your agreement with Haute Montagne (HM).


1. THE BOOKING

These Terms and Conditions and the booking form, to be signed for each booking, contain all the provisions of your booking with Haute Montagne (HM). They apply equally to you, the Group Leader, to all guests staying in the property and visitors you invite to the property, including staff, friends and service providers (Occupants).

Your booking concerns a lodging in a furnished luxury Property with services to be delivered by HM and such other third party supplier(s) as may be requested.

All bookings are governed by a standard check-in time to the property on the day of arrival at 4pm and a check-out at 10am on the day of departure. Early arrivals and late departures will be accommodated where possible only if there is no back-to-back booking in the property on that day and must be agreed in writing prior to arrival.

Unless otherwise agreed unless you do not comply with the check-out time, we reserve the right to withhold your security deposit and charge an amount to it equal to one days extra rental pro-rata.

2. THE PARTIES

Please note that HM is solely acting as a booking agent in the name and on behalf of the Owner (any authorized agent for the Property or the Property Owner) for the rental of the property and the services to be provided by the Owner’s staff. HM will provide or procure the delivery of all services required for each booking through its own staff, the staff of the Owner and/or any third parties, as may be required. The Booking Documents, together with all applicable laws, constitute your agreement for:

(i) the short-term rental of the Property with the Owner; and
(ii) the services provided by the staff of the Owner, HM and/or independent service provider(s).

3. DEPOSIT AND CONFIRMATION

Any booking will be valid and confirmed only upon receipt of:

(i) a properly completed and signed Booking Form (or a booking form of an authorised agent of HM). The signatory must be over 18 years of age and a resident at the chalet during the rental;
AND
(ii) if the booking is made more than 12 weeks prior to arrival, the deposit payment 35% of the booking price;
OR
(iii) if the Booking is made less than 12 weeks prior to arrival, payment of 100% of the booking price.

Your receipt of the provisional Booking Form constitutes our provisional offer to book the chalet. If we do not receive the duly completed and signed Booking Form within 24 hours, and relevant payment within three working days of receipt of the booking contract, our provisional offer will expire and it may cancel your provisional booking. In this instance we may offer the chalet to a new party.

The owners and HM reserve the right to cancel a booking until such time that the above conditions are met.

In respect of all bookings a security deposit of CHF 35,000 (or such other amount as required by HM and the owner at their sole discretion) will be required against any breakage, damage or deterioration to the Property or any adjacent property (please see paragraph 6) (SECURITY & SERVICES DEPOSIT) caused during the rental period.

In addition a service deposit of CHF25, 000 is required against any additional costs such as food and drink, and any other additional charges during your stay at the Property. All extra costs will be charged at cost plus 10% plus TVA.

4. BALANCE PAYMENT

Full payment of the balance as shown on your Booking Form is due 12 weeks prior to your arrival. If the payment is not received at this point, we reserve the right to cancel your booking and levy cancellation charges as detailed below. Should the balance be received after the date outlined on the booking form, the amount due shall be subject to an interest of 7% p.a.

5. PAYMENT METHODS

When due, deposit and balance payments can be made by: (a) bank transfer, (b) Visa/Mastercard, (c) Debit Card, or (d) cheque made payable to Haute Montagne Sàrl. Details will accompany your booking form. Visa, Mastercard and Debit Card payments are subject to a 3.5% surcharge.

For all bookings the booking price is fixed in the currency of the country where the booking is taking place. For example, for all bookings in Switzerland the booking price is set in Swiss Francs, and for bookings in Austria and France the booking price is set in Euros.

6. SECURITY AND SERVICES DEPOSIT

In the case of all bookings with HM you will be asked to pay a security deposit to cover and damage caused to the Property. You will be liable for any breakages, damage or deterioration to the Property, adjacent properties or property of HM during your stay caused by you or any member of the party, your employees or visitors to the property (occupants). These costs will be deducted from the security deposit. If the damages are greater than that of the deposit, you will be responsible for these costs. We recommend that you ensure that your insurance policy covers accidental damage to the Property and its contents.

In addition if your booking excludes the cost of food, drink and other services which we will incur the cost of on your behalf, then a service deposit will also be applied in addition to the security deposit. All additional costs will be charged at cost price plus 10% plus TVA unless otherwise agreed.

HM reserves the right to use the Security & Services deposit to pay for any unpaid invoices on behalf of the guests on departure from the property.

The Security and Services deposit is due 2 weeks prior to arrival. The security deposit and services deposit will be refundable at the latest one month after departure minus any costs incurred. The refund may be delayed if the costs of any repair still have to be determined.

For bookings in Switzerland the security and services deposit will be fixed in Swiss Francs and for bookings in Austria and France the security and services deposit will be fixed in Euros. HM will not be held responsible for any fluctuation in exchange rate, and the amount returned will be returned in the currency according to where the booking is taking place.
Unless otherwise agreed in writing in advance the security deposit is payable by bank transfer.

7. CHANGES AND CANCELLATION BY THE OCCUPANT

If you wish to make any changes to your confirmed booking, you must notify HM in writing as soon as possible. HM shall make every attempt to meet your request, but cannot guarantee compliance with such requests. Modifications to the booking form are only valid if they are made in writing, and if they are signed by you and us, or when we have inputted amendments into the booking form.

You hereby agree to indemnify HM/the owner for any reasonable expenses incurred in making an amendment.

Should you wish to cancel your booking for whatever reason, this should also be made in writing and charges will be levied as follows:

(i) if cancelled more than 12 weeks before the arrival date, the deposit payment will be forfeited (unless the deposit is paid by credit card in which case the deposit will be refunded in full if cancellation is received within 24 hours of payment being taken); and
(ii) if cancelled less than 12 weeks before the arrival date, the full booking price will be forfeited and 100% of the booking shall be due and payable to HM.

We strongly advise that every client take out suitable holiday insurance for the duration of their stay, including cancellation insurance to limit your cancellation risk.

8. CHANGES AND CANCELLATION BY HM

In the unlikely event that any alteration is made by HM/the Owner which is deemed to be significant (for example, a change of booking date), you have the right to cancel the holiday and receive a full refund of monies already paid.

HM/the owner shall not be liable for any refund should we be forced to cancel or change your holiday due to circumstances amounting to Force Majeure. Such circumstances shall include, but are not limited to, war or threat of war, riot, civil strife, terrorism, industrial disruption, natural disasters, fire, technical problems, adverse weather, governmental action, government travel restrictions due to health reasons and similar events beyond our control.
If in the exceptional circumstance the property is sold and no longer available for rent, you will notified as soon as possible and all monies paid will be refunded.

HM/the owner shall use all reasonable endeavours to assist you in finding another Property or another Booking period to substitute the cancelled holiday.

HM/the owner will be entitled to cancel your booking, with no refund or compensation if:

- You do comply with the payment schedule (for example payment of the balance amount, security deposit or services deposit if applicable)
- You the occupants, or your visitors break the terms of this Booking Form
- The group size exceeds the agreed number of guests on the Booking Form
- You have given misleading or false information, e.g. identity of occupants, nature of the party, failure to mention critical facts.

09. AMENDMENT OF BOOKING DOCUMENTS

Any and all modifications or amendments of the Booking Documents, also amendments with respect to ancillary points, are only valid if they are made in writing, and if they are signed by all parties.

Any handwritten amendments or additions to the booking form will only be valid if they are countersigned or initialled by HM before the booking period.

10. PRICING

All prices published in HM’s marketing material and on our website are for guidance only. In exceptional circumstances changes and errors occasionally occur. We reserve the right to alter or correct errors in any quoted or published prices at any time prior to the Booking being confirmed.

11. THE PROPERTY AND SERVICE DESCRIPTION

HM endeavours to ensure all information on the website regarding the property description, services offered and prices displayed are accurate. In some circumstances changes and errors occur and HM reserves the right at any time to correct prices or inaccuracies in these circumstances.

The Properties are not hotels and as such are not generally classified by the tourist authorities or international rating agencies. All luxury properties may not contain the same facilities or standards if judged by objective criteria. Please be aware that HM and many of its third party agents use a marketing name for certain properties in its portfolio.

12. SPECIAL REQUESTS

If you have any special request for auxiliary services, you must inform HM at the time of booking and clearly note it on your Booking Form. HM shall use all reasonable endeavour to arrange such requests. HM cannot guarantee the execution of every request and shall not be liable for the non-execution of special requests.

13. USE OF PROPERTY

You shall use the Property only for the purpose for which it has been rented to you (personal lodging). It is forbidden to use the premises for any kind of commercial use during the rental (photo shoots, seminars, large parties etc.) unless expressly agreed in writing by HM or the Owner or to take and/or use photographs of the Property for any commercial purpose. You shall not sublet the Property in any circumstance whatsoever.

14. RULES AND SAFETY PRECAUTIONS

Safety: The Properties are private luxury homes and not hotels. There are no legal notices for precaution as you may find in luxury hotels. HM and the Owner will not be liable for any accidents / injuries to you, the Occupants or your guests while staying at the Property.

Children: HM will endeavour to inform you of the suitability of the Property for children. However, please note that the Property may not have the same levels of safety measures that you may have in your home and the supervision of your children is your sole responsibility. In addition, our staff will not be held responsible for any children left unattended within the Property.

The Property may contain a list pertaining to Rules and Security Precautions concerning the use of the Property or its facilities. Please read these Rules and Safety Precautions carefully if they are provided since they are an integral part of this agreement. You, the other Occupants and your guests shall strictly adhere to these Rules and Safety Precautions.

Wellness Area, Swimming Pool etc: General: At all times, you and your guests are to consider your own safety and the safety of others when using the wellness area. Use of the wellness area is at your and your guests’ own risk. You and your guests are to comply with the Rules and Security Precautions pertaining to the wellness area as communicated to you by the staff of HM and made available in the Property. Facilities are to be used for the designed purpose and in compliance with the instructions given by the staff of HM. Without prejudice to the generality of the above, the following things are strictly prohibited in the wellness area:

(i) running;
(ii) diving or jumping into the swimming pool or Jacuzzi;
(iii) drinking of any alcohol or using the wellness area when under the influence of alcohol or drugs;
(iv) leaving children unsupervised in the wellness area.

Children: The direct, visual and active supervision of children present in the wellness area by an adult is essential and under your sole responsibility. The swimming pool, Jacuzzi etc located in the Property do not comprise an alarm system, safety nets or other safety measures designed to prevent the risk of drowning. To ensure the safety of children, the following precautions must be taken, in particular:

(i) never leave young children alone near the swimming pool or Jacuzzi;
(ii) never leave a child alone in the water, even if they know to swim, or in a Hamman, steam room, sauna etc. They must always be under the supervision of an adult capable of saving them in the event of an accident;
(iii) never leave toys or other items floating on the water; they may encourage children to approach the water; and
(iv) always fit inflatable armbands of floating costumes on young children.

Please note the swimming pools in HM properties may be shallower than 1.4m and there are no lifeguards on duty at any of the HM properties and as a private facility, the safety equipment may be less than you are used to. Sometimes cleaning of the swimming pools and hot tubs will be necessary, we will try do this at appropriate times in order to minimise disruption, but in some cases this may be unavoidable.

Excessive use of hot tubs or Jacuzzis can cause skin irritations which HM cannot be responsible for.

If you fail to comply with Rules and Security Precautions set out in these Booking Documents, communicated to you by the staff of HM and/or made available in the Property, the staff of HM shall be entitled to prohibit the use of the wellness area for the duration of your stay.

15. SECURITY

The occupants must occupy the Property conscientiously and avoid any carelessness or negligence. In particular, he must not leave the Property unlocked without supervision to avoid any intrusion. In general, occupants must use the house and the furnishing therein as they should normally be used.

Please note that not all Properties have safety deposit boxes. If required please inform HM at time of booking so that it can be provided in time. There is a charge for this service.

If there is an alarm in the Property, please ensure that it is switched on whenever you leave the Property and at night before going to bed. Please note that the failure to do so could impact whether or not the property’s insurance will cover any losses in case of burglary.

16. ANIMALS

No animals are allowed in the Properties without prior written consent of HM. It should also be noted that in a number of our properties animals are prohibited altogether. An increased damage deposit of and one off cleaning charge will be required as part of this consent. If during the stay, damage is caused by the animal we reserve the right to ban the animal from the property. If you are found to have an animal in the Property without prior consent in writing from HM, the staff of HM will have the right to evict all occupants from the property without refund.

17. SMOKING

Smoking is strictly prohibited in all Properties. HM and the Owner reserve the right to remove any group breaking this condition from the property without refund. In the event that smoking has occurred within the property an additional cleaning charge of CHF 500 will be payable to HM immediately.

18. PROPERTY CAPACITY AND VISITORS

Each property has a maximum capacity which is outlined on the website and in the Booking Form. No Property can exceed the maximum capacity unless agreed in writing prior to arrival.

Only persons confirmed on the booking form may occupy and use the facilities of the Property unless agreed in writing prior to arrival. There are to be no parties or any additional people invited to eat or stay overnight without the prior written consent of HM. In the event that permission is given reserves the right to charge extra for the services provided.
Should the number of guests exceed the maximum capacity of the chalet HM reserves the right to refuse you entry to the property or terminate your occupancy of the chalet with no monies refunded.

19. REMOVAL OF ASHES FROM THE FIRE

Due to the inherent fire hazards it is strictly forbidden for any HM guests to remove ashes from the fire place. This task will be undertaken by staff of the Owner or HM only.

20. KEYS

On arrival at the property you will be issued with a number of keys for the property. If the same number of keys is not returned to the staff at the end of your stay a charge to replace these keys or to change the locks will be payable to HM/the Owner. This may be deducted from the Security Deposit.

21. SKIING

It is the responsibility of you and your group to judge the suitability of the terrain you ski. If you or any member of you party ski on terrain on the recommendation of or accompanied by a representative of HM we will not be liable for any injuries, howsoever caused.

22. RESORT VEHICLES

Any transport offered in HM vehicles during your stay is accepted at your own risk. We will not transport children under the age of 12 unless accompanied by an adult or guardian from the party.

23. BEHAVIOUR

If in the opinion of HM, the Owner, or any other person in authority, you or a member of your group behaves in a manner, which causes or is likely to cause a danger, excessive disturbance (i.e. to neighbours), damage to the Property, or acts in breach of any provision of the Booking Documents, your booking may be terminated immediately and you shall be asked to leave the Property. In this event, you shall not receive any refund and you shall be fully liable for any expense incurred as a result of your behaviour or the behaviour of the persons in your group.

No outdoor footwear is to be worn inside the property. Any damage caused to the floors as a result of wearing outdoor footwear or shoes with heals will be charged to you.

24. THIRD PARTY SERVICES

HM may arrange services from third party suppliers; including ski instruction, ski passes, airport transfers, childcare, babysitting and any other third party services.

Any booking HM arrange for you with a third party will be subject to that party’s terms and conditions of business.
You will be liable to pay the costs of any third party service. All costs must be settled prior to end of your booking. HM will not be responsible for any outstanding costs due to the supplier and reserves the right to deduct any owed costs from the security deposit plus the cost of any taxes and credit card fees due.

We do endeavour to ensure that all of our partners provide their Services to the highest possible standards.

25. COMPLAINTS AND PROBLEMS

HM shall make every effort to ensure that you have a trouble free stay at the Property. HM shall do its best to sort out problems as soon as reasonably possible once it has been informed of them. If you have reason to be dissatisfied with the Property or the service of a supplier, please contact HM and the relevant services supplier during your stay.

26. YOUR RESPONSBILITES

You will indemnify HM for all losses and/or damage arising from any act or default on your part or the part of any member of your party. You will ensure that you have in your possession all necessary and valid travel documents.
You accept that you ski and enjoy other winter sports at your own risk within the restrictions imposed by the resort or other authorities. We are not responsible for your actions and these restrictions.
You will be financially responsible for any losses at the property or damages to the property due to theft if you, your guests or your employees leave the property unsecured.

27. INSURANCE

It is the condition of every booking that each member of your party is covered by personal holiday insurance and that the policy covers you adequately for winter sports, third party risks and costs incurred from damage to property or adjacent properties during your stay caused by you or any member of your party, your employees or visitors to the property. You are responsible for your third party liability and medical repatriation insurances. HM is not a travel agent, does not offer such insurances and shall not be held liable for the absence of such insurances.

28. LIABILITY

Your contract for the rental of the Property is with the Owner and for the delivery of services with HM as an agent for the staff of the Owner, its own staff and as an agent for independent service providers. To the extent that HM is only an agent it shall have no liability whatsoever for any loss, damage or injury suffered by you. The Owner, HM, to the extent that it is providing services to you with its own staff, and any independent service providers will not be liable towards you, the Occupants or your guests for:

(i) events that are not directly caused by their negligence;
(ii) losses incurred due to your negligence or that of one of the Occupants or your guests (e.g. not keeping valuables in the safe, not switching on the alarm, failure to comply with security measures recommended etc.); or
(iii) accidents or injuries caused by you or one of your guest’s negligence or lack of caution.

You will indemnify HM and/or the Owner for all losses and/or damage arising from any act or default on your part or the part of any member of your party.

You accept that you ski and enjoy other winter sports at your own risk within the restrictions imposed by the resort or other authorities. We are not responsible for your actions and these restrictions. It is the responsibility of you and your group to judge the suitability of the terrain you ski. If you or any member of you party ski on terrain on the recommendation of or accompanied by a representative of HM, we will not be liable for any injuries, howsoever caused.

29. PASSPORT AND VISA REQUIREMENTS

It is your responsibility to comply with the local laws relating to visas and authorisations for the country in which the Property is situated.

Please contact your local office for foreign travel and passports to enquire about passport, visa and health requirements for the country in which the Property is situated.

30. DATA PROTECTION

Please note that the personal information of all Occupants (name, address, age, telephone number, email) shall be conserved in a confidential manner by HM for further reservations and to keep the Occupants informed of special offers (if requested).

31. CONFIDENTIALITY

The terms of this booking form are confidential and shall not be disclosed to 3rd parties. We will respect the confidentiality of occupants and visitors to the chalet. For any special circumstances involving sensitive identities, you should make this explicit at time of booking.

32. BREACH OF AGREEMENT

If after the conclusion of this agreement, you do not make the required payments or you violate any other provision of the Booking Documents, the Owner and/ or HM reserve their right to immediately terminate this agreement and refuse you access to the Property. In this event, no refund or compensation shall be due to you from either the Owner or HM. The latter reserve their rights for any damages or loss of profit caused to them directly or indirectly from your breach of this agreement.

33. ENTIRE AGREEMENT

The Booking Documents, the list of rules and safety precautions of the Property and all applicable laws, constitute the entire understanding and agreement between you and the Owner for the short-term rental of the Property and between you, HM, the Owner and any independent service providers for the services. HM, and the owner reserves the right to alter these terms and conditions from time to time and will notify you of any changes as soon as reasonably possible. The amended terms and conditions will apply to any booking that commences after the date of such notification.

34. APPLICABLE LAW AND DISPUTE RESOLUTION

These terms and conditions are to be construed, and any dispute between the parties determined, under the laws of Switzerland.

All disputes arising out of or in connection with this Booking Document shall be submitted to mediation in accordance with the Mediation Rules of the Swiss Chamber of Commercial Mediation.

If no settlement can be reached by mediation, the dispute shall be finally settled by the courts of the place where the Property is situated.

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