BOOKING CONDITIONS
INTRODUCTION
These are the legal booking terms and conditions (“Terms”) which apply to your booking with VERBIER EXCLUSIVE LIMITED a company registered in England, with company number 07018564, and with a registered address of 5 The Old Smokery, Far Peak, Northleach, Gloucestershire, GL54 3JL (“Verbier Exclusive”).
These Terms incorporate:
our Privacy Policy which governs how we may process your personal data,
our Terms of Use if you use our Website, and
any booking confirmation email sent to you and any booking conditions set out in that email.
Please read these terms carefully and make sure that you understand them before making a booking with Verbier Exclusive.
If you are unsure of anything with respect to your booking or if you require further information or have any queries, please contact our head office: Verbier Exclusive Limited, 5 The Old Smokery, Far Peak, Northleach, Gloucestershire, GL54 3JL. Tel: +44 (0) 1608 674011 or Email: info@verbierexclusive.com
The terms ‘us’, ‘our’ or ‘we’ refers to Verbier Exclusive and the terms ‘you’, ‘your’ or ‘Guest(s)’ refers to the first named person on the booking and all and any persons on whose behalf a booking is made or any person who is added to a booking or who is transferred to a booking.
In addition to these Terms, if you purchase additional services through us such as babysitting services, in-house massage and beauty treatment services, airport transfers, ski equipment hire, private ski instruction and ski school bookings, Heliskiing, luggage delivery, or any other services stated on our website or provided by our concierge services, specific and additional terms and conditions may apply to those services. Those terms are shown at the time of booking and in your booking confirmation(s) for those services. To find out more please visit our Additional Services page.
If a particular term in these Terms is invalid or inconsistent with any applicable law, the applicable law will apply, but the other terms will remain valid.
1. BOOKING WITH VERBIER EXCLUSIVE
2.1 Our experience
Verbier Exclusive’s aim is to provide all our Guests an outstanding experience in Verbier, Switzerland. We have extensive knowledge of the area and key contacts which enable us to always make every effort possible to satisfy all your requirements. Please discuss all individual requests with our head office (details as above).
2.2 Making a booking
Once you have decided on your dates, we will hold a provisional booking for you for up to a maximum of 72 hours. Please note: If you do not confirm the booking within this time, your reservation may lapse, and the property may be offered to other parties.
All bookings must be made by someone over the age of 18.
Bookings can be made by, phoning our booking team, by emailing our booking team, or booking through an agent. We reserve the right to refuse bookings via agents if such agents are not authorised agents of Verbier Exclusive.
By making a booking or by paying a deposit or the full booking fee, you, the first named Guest on the booking, agree and confirm for yourself and as agent for any other members of the group booking that:
you have read these Terms, and you agree to be bound by them, and you confirm that you have the expressed authority from all other Guests on this booking to bind all other Guests to these Terms;
you hereby consent to our use of your personal data in accordance with our Privacy Policy and you confirm that you are authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
you accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking; and
if you are not intent on participating in the booking for any reason, you will provide us with the email and phone number of the lead Guest so that we may contact them directly.
2.3 Group Bookings
For group bookings the lead Guest will be responsible for the group booking and accepts these Terms as an agent on behalf of all the other passengers listed in the group booking. The lead Guest shall be responsible for receiving and relaying all communication and correspondence (including changes, amendments and cancellations) from us and our suppliers concerning the group booking to all group Guests.
By making a group booking the lead Guest agrees and acknowledges that they have the consent of each Guest on the group booking to disclose their personal data and passport details including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements); to use and receive any refund and where applicable any compensation due and payable under the group booking in accordance with these Terms.
2.4 Payment and confirmation of Contract
You acknowledge that it is your responsibility to ensure that all information which you furnish us with is accurate and complete, and you confirm that any information which we (or any of our suppliers) provide to you is delivered to all other Guests of your party.
In order to make a booking with us, you must pay the relevant deposit as specified at the time of booking. No booking will come into existence until:
we receive your deposit (40% of the total unless otherwise stated), or full payment in cleared funds; and
we confirm your booking and issue you with a receipt.
We reserve the right to return your deposit and decline to issue a booking confirmation in our absolute discretion. Verbier Exclusive will correspond only with the lead Guest under these Terms, unless otherwise agreed.
For the avoidance of doubt, receipt of your deposit shall be confirmation of you having read and accepted these Terms (“Acceptance”), and following Acceptance, you shall be liable for payment in full for the booking, on behalf of any and all Guests in your party. Until we have received your deposit, your reservation will be treated as an expression of interest only, and shall be subject to expiry as set out above.
Any outstanding balance of full booking fee (including any additional costs) are due at the latest by 12 weeks before you travel. For bookings made within 12 weeks of departure, the booking is confirmed once verbal confirmation is given over the telephone and full payment for the holiday must be made immediately no later than 3 business days (72 hours) from confirmation. If you fail to make payments within this time, we reserve the right to cancel your booking. This will be treated as a cancellation by you and you will have to pay the cancellation charges set out below.
Note that a security pre-authorisation will be required, in addition to any charges and fees.
2.5 Special Instructions / Additional Services
Verbier Exclusive will only communicate and take instruction from the lead Guest regarding any special and/or additional booking requirements the party requests.
Additional extras which can be organised include (supplementary charges apply):
Airport transfers
Lift Passes
Private ski instruction or ski school bookings
Ski equipment hire
Heliskiing
Babysitters or nannies
In-house massages or beauty treatments
Heliskiing and private ski guides
Luggage delivery
If you have any other requirements, please do ask and we will do our utmost to accommodate your request.
2.7 Medical Conditions / Disability / Dietary Requirements
If you have any special request, you should advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier (where applicable), we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Unless and until specifically confirmed, all special requests are subject to availability.
The arrangements we offer may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. On request, we can advise you as to whether your proposed accommodation arrangements are generally suitable for someone with reduced mobility.
Should you suffer from any medical condition, disability, significant reduction in mobility or significant allergy which may affect your accommodation booking (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking.
We will advise our staff and suppliers of any allergy information you provide us with. However, you must take appropriate precautions to protect yourself whilst on holiday. Without limitation, it is your responsibility to ensure that any food you are intending to consume does not include anything to which you are allergic at the time you order or purchase this.
3. TRAVEL INFORMATION
3.1 Traveling in Switzerland
Switzerland is not a member of the EU, and their currency is Swiss Francs (CHF)
For further information regarding traveling to Switzerland please refer to the FCO website http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/europe/switzerland
For information regarding applicable visa requirements for Guests not holding a British passport please contact the Swiss embassy here
Please note any health guides issued with respect to your travel requirement such as travelhealthpro.org.uk/country/216/Switzerland. It is your responsibility to ensure that you have received your required vaccinations and health precautions.
3.2 Your Chalet and General Travel Information
Please note that:
The chalet will be ready from 16.00 on the day of your arrival. If you wish to arrive before this time, please advise the Verbier Exclusive office so that we can make suitable arrangements.
Check out time on the day of departure is 10.00. If you are leaving later or skiing on your last day, we will happily store your luggage in the chalet until departure.
Upon arrival in our property please take the time to familiarise yourself with the layout, taking specific attention to the location of fire exits.
If traveling with children please also ensure you familiarise yourself and your children (as appropriate) with the location of property entrances/exits, stairs and balconies to ensure the utmost safety for all.
No outdoor shoes are to be worn inside the property; please ensure you travel with appropriate indoor footwear.
Children under 12 years must be supervised by an adult at all times.
No smoking is allowed in the property under any circumstance. Smoking is permitted on terraces and balconies where ashtrays are provided.
Verbier Exclusive regrets that dogs and pets are not permitted to stay in any Verbier Exclusive chalet.
Arrangements for babysitting can be made but please note that this is an additional service and ideally needs to be arranged in advance.
Please check if any travel restrictions apply to your journey.
British citizens currently require a passport which is less that 10 years old on the date of entry with validity for at least 3 months after the date of departure. Please check your passport at least 1 month prior to departure.
3.3 Advertising Materials
While we will endeavor to ensure that any marketing collateral and website circulated by us or our agents or service providers will be accurate, complete and up to date, we reserve the right to update prices and chalet descriptions from time to time. Photos and imagery are for illustrative purposes only and errors and mistakes may occur. As such you should confirm any details of your desired chalet or service at the time of booking.
4. SECURITY PRE-AUTHORISATION AND GUEST RESPONSIBILITIES
4.1 Security Pre-Authorisation
Verbier Exclusive requires a security pre-authorisation, which shall be blocked off a credit card one week prior to your booking’s commencement date. The security pre-authorisation varies from property to property. In certain circumstances a deposit may be accepted by way of bank transfer. Guests are asked to treat the property and all of its fixtures and fittings with care and respect. Verbier Exclusive are entitled to recover the cost of any damage caused by any member of your group. The security pre-authorisation is fully refundable within 7 days after your departure from the chalet, less any repair/replacement costs as a result of damage caused by anybody in your party. If costs exceed the security pre-authorisation you will be liable for any outstanding balance and as such you must ensure that suitable insurance cover is taken out by you prior to the holiday.
4.2 Unacceptable Behaviour
Behaviour, by any member of your group or the group in general, deemed unacceptable by Verbier Exclusive may result in the immediate termination of your holiday, whereby you shall be asked to leave the chalet immediately, and neither you nor any of the group shall have the right to a refund for the balance of the term of your holiday or any costs, liabilities, or expenses incurred by you as a result of the termination.
4.3 Payment for Chargeable Services
You hereby agree to guarantee payment for any chargeable services requested by any member of your group both before and during your holiday. You will be presented with a summary of any such charges at the end of your stay and will be required to make full payment before departure or it will be deducted from the security pre-authorisation.
5. INSURANCES
5.1 Condition of Booking – Insurances
It is a condition of these Terms that you have the necessary insurance cover(s), including travel insurance to cover the cost (including any booking fees) of your holiday, in place prior to starting your holiday with us. Medical treatment overseas and the cost of repatriation in the event of an emergency can be very expensive and it is therefore vital that you and your party are adequately insured.
5.2 Minimum Insurances
Verbier Exclusive is not and shall not be liable or responsible to you for any cost or liability that you or anyone in your party may incur as a result of failing to take out appropriate insurance, in particular for falling ill or for any Alpine pursuits including but not limited to: skiing; snowboarding; tobogganing; hiking; snow shoeing; dog sledging; parapenting; ice skating; ice climbing; mountaineering; ski touring; cross country skiing; canyoning; cycling; e-biking; via ferrata; rafting; paddle boarding (together “Alpine Pursuits”).
In addition, and subject to clause 10, Verbier Exclusive shall not be liable to compensate you or any member of your group for any loss of damages suffered which arises from circumstance such as but not limited to: any illness, ski lifts failing to operate; unused ski passes; ski rentals; or adverse weather conditions resulting in the closure or part closure of the any ski area. You are required to take out appropriate insurance to cover these eventualities, including any Alpine Pursuits, before travelling.
5.3 Property Loss or Damage
Subject to clause 10, Verbier Exclusive will not accept liability for loss or damage to personal property or any damages to the chalet caused by Guests. Please ensure your travel insurance includes cover for such loss and/or damages.
It is recommended that you seek travel insurance to cover such eventualities occurring in the future as set out below in clause 8. In the circumstances of a Force Majeure Event, Verbier Exclusive shall not be liable to refund you your booking fee paid to us.
6. CANCELLATION BY YOU
A cancellation by you will only be effective when prior notification has been received in writing by Verbier Exclusive. We reserve the right to levy a cancellation charge. For any cancellation, at a minimum we shall retain your booking deposit paid to us in addition to any forfeiture rate that may apply. Within 12 weeks of departure the following rates of forfeit shall apply, unless otherwise stated:
Less than 12 weeks 60% of total booking fee
Less than 9 weeks 80% of total booking fee
Less than 6 weeks 100% of total booking fee
If no written notice of cancellation is received and the Guest does not travel, cancellations will be deemed to have been received on the day of departure. Verbier Exclusive reserves the right to resell any part of the canceled holiday, and this shall in no way alter their right to levy cancellation charges.
7. CANCELLATION BY VERBIER EXCLUSIVE
7.1 Decline or Cancellation of a Booking
Verbier Exclusive reserves the right to decline a booking and in such instance will refund any deposit received.
Verbier Exclusive accepts no responsibility for any loss, damage, delay or additional costs incurred due to adverse weather conditions.
In exceptional circumstances, Verbier Exclusive reserves the right to cancel your holiday for the dates you have reserved. This is exceedingly unlikely, but should this occur, unless it is a Force Majeure event as listed below, you will be refunded in full.
7.2 Force Majeure
“Force Majeure event” means any event or circumstance not within Verbier Exclusive’s reasonable control including, without limitation any, some or all of the following:
acts of God, flood, drought, earthquake or other natural disaster such as avalanches, storms or forest fires;
epidemic or pandemic;
terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations;
nuclear, chemical or biological contamination or sonic boom;
any law or any action taken by a government or public authority, including without limitation imposing an export or import restriction, quota or prohibition, or failing to grant a necessary licence or consent;
collapse of buildings, fire, explosion or accident;
any labour or trade dispute, strikes, industrial action or lockouts;
non-performance by suppliers or subcontractors; or
interruption or failure of utility service.
Should Verbier Exclusive be prevented, hindered or delayed in or from performing any of its obligations under these Terms by a Force Majeure event, Verbier Exclusive shall not be in breach of these Terms or otherwise liable for any such failure in the performance of its obligations.
Should Verbier Exclusive be forced to cancel or change your holiday due to a Force Majeure event you will be expected to claim on your insurance for a full refund of all monies you have paid.
8. DATA PROTECTION
Verbier Exclusive takes responsibility for the suitable protection of your personal data provided to us.
We control the ways and the purposes for which your personal data is processed by us and we are the “controller” for the purposes of the data protection laws that apply to us, including the Data Protection Act 2018 and EU Regulation 2016/679 (General Data Protection Regulation or GDPR).
We process your personal data in accordance with our Privacy Policy. For more information on the personal data that we collect about you, how we protect it, how and why we process it, who we disclose it to and what your data protection rights are, see our Privacy Policy.
Please note that by accepting these Terms, you consent to us using you and any other Guests on the booking’s contact details to keep you informed by email about our products, services and content. You may withdraw your consent at any time.
Dependent on any additional services you require, relevant information will be passed on a confidential manner with your permission. Any applicable information required by law or public authorities will also be passed on in this manner.
9. LIABILITY
9.1 We do not exclude or limit in any way our liability to you where it would be unlawful to do so, as such nothing in these Terms excludes or limits our liability:
a) death or personal injury caused by our negligence;
b) fraud or fraudulent misrepresentation; and/or
c) any liability which cannot legally be limited.
9.2 We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following:
a) the act(s) and/or omission(s) of the person(s) affected; or
b) the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements; or
c) ‘force majeure’ as defined in clause 8.2 above.
9.3 All Guests shall indemnify us against all losses and/or damages arising from any act, omission, or default on your part or on the part of any member of your party.
9.4 Verbier Exclusive shall be responsible for loss or damage you suffer that is a foreseeable result of our direct breach of these Terms. Verbier Exclusive shall not be liable for unforeseeable, indirect or consequential loss. For example, loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process. In general, losses or damages are indirect or consequential if such losses or damages are not the natural result of the breach in the usual course of things.
9.5 All Guests agree that Alpine Pursuits (defined in clause 6.2 above) are hazardous and dangerous activities and that whether Guests are on their own, with a qualified instructor or a member of Verbier Exclusive staff, or otherwise, Guests are voluntarily exposing themselves to risk of accident, damage, death, loss and/or personal injury by skiing and in so doing participate strictly at their own risk. Subject to the aforementioned paragraphs, all Guests agree that they will not hold Verbier Exclusive responsible for any loss, or personal injury to a Guest (including death or disability) or damage to a Guest’s or a third party’s property caused as a result of a Guest’s decision to engage in Alpine Pursuits (defined in clause 6.2 above).
9.6 Any and all Guests use any hot tub, swimming pool, plunge pool, sauna and steam room facilities at their own risk and Verbier Exclusive can accept no responsibility for any accidents/injuries sustained. Guests with any heart or circulatory conditions, on any medication and pregnant women are advised to seek medical advice prior to use.
9.7 All Guests undertake to behave in such a manner as in no way to cause damage, distress, danger or excessive annoyance to other guests, property and/or any third party. Any Guest found in breach of this clause shall have their booking terminated immediately and Verbier Exclusive shall have no further contractual obligations. All damages and breakages will be charged to the Guest and must be paid before vacating the premises or if a security pre-authorisation is held, the amount will be deducted from the final refund of the security pre-authorisation.
9.8 Verbier Exclusive will not accept liability for loss or damage to personal property. In this event, you would be expected to make a claim under your travel insurance policy.
9.9 Whilst Verbier Exclusive is not liable for any disturbance, noise or activities caused by any third party in the vicinity of our property we will do our upmost to limit this upon notification.
10. GENERAL
10.1 Variation
No variation of these Terms shall be effective unless it is agreed in writing by the lead Guest and Verbier Exclusive.
10.2 Waiver
No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
10.3 Rights and remedies
The rights and remedies provided under these Terms are in addition to, and not exclusive of, any rights or remedies provided by law.
10.4 Severance
If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms. If any provision or part-provision of these Terms is deemed deleted under this clause the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.
10.5 Entire agreement
These Terms constitute the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.
10.6 Law and Jurisdiction
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.
Each party irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation.
10.7 Third Party Rights
These Terms does not give rise to any rights to third parties under the Contracts (Rights of Third Parties) Act 1999.