Première Neige - Terms and Conditions

Please read the following terms and conditions.

1. Payments and Confirmation of your Winter Holiday

To make a booking, you must complete and sign a booking form and send it to us along with the appropriate payment. You will then be notified by email of the balance owing which is due 10 weeks before your arrival. For bookings made within 10 weeks of arrival, the full amount of your holiday is payable to confirm your booking. The client signing the booking form shall be liable for full payment for all those clients to whom the booking form applies and for any other person subsequently added to the booking. Payments can be made by UK or French cheques payable to “Premiere Neige Ltd” or BACS transfers or by credit card. Payments made by credit card are charged through Premiere Neige’s French branch so that any transactions will be charged in Euros with a 1.5% bank charge. The rate used will be that shown by www.x-rates.com website on the date of the transaction and we cannot be held responsible for additional charges made by your credit card company. A contract between Premiere Neige and a client will only exist once Premiere Neige has confirmed the booking via email and after the client’s initial payment has been cleared. Crèche bookings are invoiced through Premiere Service, a subsidiary company specialising in childcare and in-resort services and must be paid in full at the time of reservation.

2. Deposits for your Winter Holiday

For bookings made more than 10 weeks before your arrival, a deposit of £100 per person is required on self-catered holidays (minimum £300/week) and a deposit of £200pp is required for catered holidays to confirm your booking. The deposit of the holiday is payable at the time of booking and is not refunded under any circumstances save for paragraph 5.

Payments taken for items that are not sold as part of a package by Premiere Neige Limited are not covered under the Topp Policy.

A damage deposit is required on arrival in resort for your chalet or apartment. It shall not be cashed unless the property is damaged or items are missing at the final inspection.

3. Alteration of a Holiday by the Client

Amendments or alterations to a booking must be made in writing to Premiere Neige or the relevant agent, from the person who signed the booking form originally. You will be advised of any changes in costs that might occur as a result.

4. Alteration of a Holiday by Premiere Neige

Should any significant alteration to any holiday for which a booking has been made become necessary, the client shall be informed promptly. The client shall be offered the choice of accepting the alteration, or a full refund of moneys paid, as long as the client has not yet arrived in resort.

5. Cancellation of a Holiday by Premiere Neige

If through circumstances beyond our control, Premiere Neige is forced to cancel your booking, the client may elect for a full refund; accept a holiday in equivalent or superior accommodation from us if such accommodation is available; or accept a holiday in accommodation of a lower standard to that booked together with a refund of the difference in price from us if such accommodation is available.

Circumstances beyond Premiere Neige’s control do not include events amounting to “force majeure”. Force majeure means unusual and unforeseen events such as war, threat of war, riot, terrorism, natural disasters, fire, technical problems or accidents with airports, ports or transport, inclement weather or governmental action. This is also applicable to the cancellation of Ski Safaris or transfers where the roads have been damaged, closed or deemed unsafe by local authorities; or vehicles unavailable or unsafe. Premiere Neige shall have no responsibility or legal liability to compensate the client for loss of opportunity to take up the holiday.

6. Cancellation of a Holiday by the Client

A cancellation by a client will only be confirmed once it has been received in writing by Premiere Neige. Clients are advised to send cancellations by recorded delivery to Caroline Bond c/o Premiere Neige Ltd at the address overleaf.

In the case of a cancellation by the client, Premiere Neige shall be entitled to retain as much of the deposit or other payment as is necessary to cover reasonable costs and losses by withdrawal. These figures only take into account expenditure to which the client is contracted, and not optional activities or in-resort services. Premiere Neige takes all reasonable steps to keep these costs to a minimum, and determines them using the following sliding scale. More than 10 weeks before arrival: deposit; more than 6 weeks before arrival: 50% of total holiday cost; more than 3 weeks before arrival 85% of holiday cost.

If cancellation is made and received more than 10 weeks before arrival, the deposit will be forfeited. If cancellation is made after full payment has been made and more than 6 weeks before arrival, a refund of 50% will be made; if it is more than 3 weeks before arrival, a refund of 15% will be made. No refunds can be made for any cancellations made and received less than 3 weeks (21 days) prior to arrival. We recommend that you ensure that your insurance policy covers you against irrecoverable cancellation costs.

If the balance of a holiday is not paid by the due date, Premiere Neige reserves the right to treat this as a cancellation and retain the booking deposit.

7. Personal Injury

Premiere Neige accepts responsibility for negligence of its employees causing direct physical injury to clients only to the extent that it is obliged to do so by law. Premiere Neige cannot be held responsible for any other mishap to yourself or to your property and in particular for the consequences of the effects of strikes, wars, acts of terrorism, riots, robbery, sickness, quarantine, government intervention or other such happenings. We strongly advise that you take out appropriate insurance at the time of booking.

8. Liability of The Client

All clients undertake to behave with propriety and in such a manner as to cause no damage, distress, danger or annoyance to other clients, property and/or any third party. The contract of any client in breach of this clause shall be terminated immediately and Premiere Neige shall have no further contractual obligations. We reserve the right to recover from the client the cost of any repairs or replacements following any unreasonable damage caused by the client. Credit card details will be required on check-in for this purpose and to cover the cost of any services booked during the clients' stay In circumstances reasonably deemed by Premiere Neige to be extreme, including significant damage, significant antisocial behaviour or illegal activities; Premiere Neige reserves the right to cancel the holiday forthwith and eject the client from our properties without compensation.

9. Liability of Premiere Neige

Premiere Neige accepts no responsibility for the actions of any of its clients and shall not be held liable for any claims made against them (or as a result of their actions) either by other clients or third parties. Where you do not suffer personal injury or death, Premiere Neige’s liability is limited to the invoiced holiday costs and in no circumstances extends to additional costs incurred in the taking of the holiday such as travel costs, ski hire or ski school/guides.

10. Total Payment Protection (topp) Policy cover

In compliance with the UK Package Travel, Package Holidays and Package Tours Regulations 1992 and the Civil Aviation (Air Travel Organiser’s Licensing) Regulations 1995 an insurance policy has been arranged with Travel & General Insurance Company plc to protect customers’ prepayments paid in respect of:

flight inclusive packages commencing and returning to the UK
non-flight inclusive packages commencing and returning to the UK
the ground handling aspects of packages where the customer is responsible for arranging travel to the destination
accommodation only holidays
inbound business to the UK

offered in this brochure/literature/document/on this website (subject to the terms of the insurance policy), for:

a refund of such prepayments if customers have not yet travelled, or
making arrangements to enable the holiday to continue if customers have already travelled, or
repatriation of customers to the UK

in the unlikely event of our financial failure.

11. Insurance

It is a condition of booking that all clients have appropriate insurance at the time of booking. This insurance must cover all activities chosen during their stay with Premiere Neige and cover public liability, property damage to the chalet and its contents and cancellation of the holiday.

12. Services provided by Third Parties

Bookings for extra services, such as taxis, excursions and ski lessons, made on your behalf by Premiere Neige are subject to the terms and conditions laid down by the provider of the service and additional terms which may be laid down by Premiere Neige. Premiere Neige does not warrant the standard or performance of any extra services. You take full responsibility for satisfying yourself as to the quality and the provider’s ability to execute the services in advance and will address any grievance about the extra services by approaching the respective provider(s) directly.

13. Jurisdiction

These terms and conditions and the contract to which they apply shall be governed by Scots law and shall be subject to the non-exclusive jurisdiction of the Scottish courts.

If difficulty arises during your holiday you should advise a resort manager of the Premiere Neige staff who will endeavour to resolve the difficulty. Should this not be possible, complaints should be addressed to Fiona Harvey, Premiere Neige Ltd, PO Box 23200, 19 East London Street, Edinburgh EH7 4ZD not later than 28 days from the end of your holiday. No liability can be accepted for any complaint not advised timeously in writing to Premiere Neige Ltd.

14 Use of Premiere Neige Wi-Fi

14.1 Our Obligations

In accommodation where WIFI is available, we will make all reasonable endeavours to ensure that this free Service available 24 hours a day; however we will not be liable if for any reason the Service is not available at any time or for any period. Broadband coverage in the Alps can be, and often is unreliable. Access to the Service may be suspended at any time. If you require any assistance in relation to the Service, you should contact our Concierge on FR: +33 (0) 4 79 06 30 55

14.2 Your Obligations

You will keep confidential any access codes or passwords provided to you in order to access the Service, and will not disclose them to any other person for any reason. You will be responsible for any loss that arises from you losing, misusing or otherwise disclosing any such access codes or passwords. If you lose any such access codes or passwords, you should contact concierge on FR: +33(0) 4 79 06 30 55 immediately.

14.3 Fair Usage

The Service is intended to allow you to access the internet in order to use, amongst other things, the worldwide web, e-mail, Skype, messaging services and chatrooms. You undertake to us that your behaviour while using the Service will be lawful, honest and proper. Without prejudice to any other provision of this agreement, we may terminate your use of the Service at any time without notice if we become aware of any behaviour that has a negative impact on our equipment or network or the use by other customers of our equipment or network or the internet in general, or which damages, or has the potential to damage, our reputation or standing.

14.4 Additional Exclusions

Without prejudice to the generality of paragraph 14.3 above, you may not:

14.4.1

use the Service for any illegal purpose;

14.4.2

access or attempt to access the Service provided to any other customer;

14.4.3

use the Service in such a manner as to host a web or other server, send or facilitate the sending of bulk e-mail or collect third party personal data without appropriate consent;

14.4.4

resell, or attempt to resell, the Service to any third party;

14.4.5

use the phone line to make telephone calls;

14.4.6

access or attempt to access the internet via connecting directly to the phone line – connection should only be made via the router provided.

14.5 Breach of the Agreement

We shall investigate any suspected breach of the agreement by you, and reserve the right to take such action as we, in our sole discretion deem appropriate, including suspension or withdrawal of the Service with immediate effect and without notice to you.

14.6 Disclaimer

You acknowledge that your use of the Service is at your own risk. The Service is provided on an "as-available" basis, and to the fullest extent permitted by law, we hereby exclude all and any warranties or conditions of any kind, whether express or implied, in respect of the Service and any content or data obtained or downloaded from it. Without prejudice to the foregoing generality:

14.6.1.

we do not warrant that the Service will be uninterrupted, timely, secure or error-free at all times or will meet your requirements; and

14.6.2.

we are not responsible for the security, integrity, accuracy or completeness of any information that you transmit or receive while using the Service.

14.6.3

The disclaimer under this paragraph 4 is without prejudice to your statutory and other rights as a consumer.

14.7 Liability

Nothing in this agreement shall exclude or limit your or our liability for death or personal injury.

14.7.1

Subject to paragraph 14.1, we shall not be liable to you in contract, tort or otherwise arising in connection with this agreement for any economic losses (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or reputation, any special, indirect or consequential losses or any destruction or loss of data.

14.7.2

If any part of the Service is not available to you through no fault on our part or where the failure, suspension or withdrawal of the Service is beyond our reasonable control, we shall not be obliged to pay any compensation to you.

14.7.3

You will indemnify us against all and any losses or claims arising from any breach of the agreement by you, and against any claims or legal proceedings arising from your use of the Service which are brought or threatened against us by another person.

14.8 General

14.8.1

We reserve the right to amend this agreement at any time.

14.8.2

You acknowledge and agree that all intellectual property rights (including, but not limited to copyrights (including rights in software), trade marks, database rights, patents and inventions) in and relating to the Service are owned by us and our licensors or contractors. Nothing in this agreement operates to transfer any such intellectual property rights to you.

14.8.3

We reserve the right to assign or sub-contract any of our rights and obligations under this agreement without notice to you.

14.8.4

If any provision of this agreement is found to be unenforceable by a court of competent jurisdiction, the other provisions will nevertheless remain in full force and effect.

14.8.5