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General terms and conditions – Le Hors Piste

Article 1. Scope
These general terms and conditions apply to all offers from, and requests for reservation and agreements with sarl Le Hors Piste established in Oz-en-Oisans, France and/or Le Hors Piste BV, established in Nieuwegein, the Netherlands.
In addition to these general terms and conditions Le Hors Piste also applies Special Terms and Conditions for Group travels. For groups of 20 individuals or more, the special terms and conditions for group travels apply in addition to these general terms and conditions.  The general terms and conditions and terms and conditions for group travels are filed with the Chamber of Commerce in Utrecht, the Netherlands. Upon request a free copy of these terms and conditions will be sent to you by mail free of charge and/or can be downloaded from the website www.lehorspiste.com.

Article 2. Definitions
In these terms and conditions, the terms below will have the following meaning: 
Le Hors Piste: sarl Le Hors Piste established in Oz-en-Oisans, France and Le Hors Piste BV, established in Nieuwegein, the Netherlands;

tenant: the person hiring the lodging from Le Hors Piste. The tenant should be a natural person aged 18 years or older or a corporate body legally qualifying as such;

client: the tenant who is also purchasing additional services/products from Le Hors Piste;

lodging:  the hotel room or chalet Le Hors Piste is putting up for rent;
additional services: for example tourist services; additional services are specifically mentioned in the agreement with Le Hors Piste;

additional products: for example meals; additional products are specifically mentioned in the agreement with Le Hors Piste;

request for reservation: a request submitted to Le Hors Piste for the reservation of a lodging and any additional 

services/products. The request can be made by telephone, e-mail, ordinary mail or via the internet;

reservation: the lodging and any other services/products related to the reservation made on request and on behalf of the tenant or client;

agreement: the agreement will be concluded upon the confirmation of the reservation by Le Hors Piste; in this confirmation Le Hors Piste details the agreement between Le Hors Piste and the tenant or client regarding the reservation of the lodging and any additional services/products;

invoice: the invoice comprises the rent, i.e. the charges to be paid by the tenant or client for the reserved lodging and any additional services;

refusal: message from Le Hors Piste stating that the request for reservation cannot be complied with.

Article 3. Reservation and conclusion of the agreement

3.1 Any form of reaction to an offer from Le Hors Piste or any reservation request made with Le Hors Piste will be considered to be an offer by the tenant or client to enter into an agreement with Le Hors Piste. In doing this, the tenant or client are considered to have taken notice of these general terms and conditions and to have accepted them.

3.2 After receiving a request for reservation the Hors Piste will take the request in consideration. Le Hors Piste reserves the right to refuse a request without reasons given.

3.3 Subject to availability of the lodging and additional services/products, Le Hors Piste will transmit a confirmation and send an invoice within ten days after receipt of the request for reservation. In doing so, the agreement is materialised and the acceptance of these general terms and conditions is reaffirmed by the tenant or client. The confirmation and invoice date is also the date on which the tenants' or clients' obligation to pay takes effect.

3.4 Upon receipt of the confirmation and invoice the tenant or client should verify the correctness of these documents. Any inaccuracies should be notified in writing within ten days after the confirmation and invoice date.

3.5 If within ten working days after sending the request for reservation you have not received a notification of refusal or confirmation and invoice, you should immediately contact Le Hors Piste, telephone number +33 (0)476 79 42 40. In case of a dispute, any appeal on grounds of non reception of the refusal or confirmation and invoice will no longer be possible after the expiration of this 10 day period.

3.6 Within ten days after the conclusion of the agreement the latter can be cancelled free of charge, provided that this ten day period or a part of it doesn't fall within a period of 42 days before arrival at the reserved lodging. In case it does fall within this period, the provisions of article 5.2 and 6.4 will take effect immediately.  

Article 4. Prices, reservation fees and tourist tax

4.1 Le Hors Piste reserves the right to modify the prices on the website and in the brochures. The prices stated in the agreement and on the invoice are binding.
4.2 In your request for reservation you should mention any price discounts and/or special offers, as appropriate. Once Le Hors Piste has sent the confirmation and invoice you can no longer profit from price discounts and/or special offers.
4.3 The price lists state which services and products are included in the lodging for the relevant period. The prices quoted are always exclusive of reservation fees and local charges, including but not limited to tourist tax.
4.4 The amount of local charges is fixed by the local authorities. The local charges to be paid by the tenant are calculated on the basis of the maximum number of persons staying in the lodging for at least one night.

Article 5. Payment

51. Payment is due in euros. Within fourteen days after receipt of the invoice the tenant or client shall pay 20% of the total amount for the rented lodging. Le Hors Piste must have received the remainder six weeks before arrival at the lodging. The amount for any additional products and/or services must be paid by the client within 14 days after receipt of the invoice.
5.2 In case of a request for reservation within six weeks before arrival, the total amount for the lodging and any additional products and/or services must be paid as a lump sum by the tenant or client.
5.3 In case no payment or incomplete payment is made within the relevant periods, the tenant or client will be in default without serving notice. In that case Le Hors Piste can immediately and legally annul the agreement. The tenant or client is responsible for all damages ensuing from this for Le Hors Piste.
5.4 In case of annulment by Le Hors Piste the tenant or client is compelled to pay a annulment indemnity. This indemnity is equal to the cancellation costs mentioned in article 6.4. This doesn't prevent Le Hors Piste from charging the actual costs and damages to the tenant or client. 
5.5 Regardless of any annulment of the agreement by Le Hors Piste and regardless of the fact that the tenant or client remains in default or doesn't  pay the amount due, all legal and non-legal expenses made by Le Hors Piste in relation to the recovery will be at the expense of the tenant or client.

Article 6. Cancellation


6.1 Any cancellation should be notified in writing by registered mail, fax or e-mail. The date of receipt of the notification by Le Hors Piste will be considered to be the cancellation date. In all cases, except the stipulations of article 3.6, for each cancelled reservation the reservation and cancellation fees mentioned in article 6.4 are due.

6.2 In case the tenant or client or any person on whose behalf the agreement is entered into are unable to come, they may request Le Hors Piste to have them replaced by another person. Such request should be addressed to Le Hors Piste at least 14 days before arrival at the lodging. Within the fourteen day period the request to Le Hors Piste can also be made by telephone.

6.3 In case Le Hors Piste complies with the request as mentioned in article 6.2 above, it will confirm this in writing to the tenant or client or their substitute. In the absence of such written confirmation no claim can be made on behalf of or by any person replacing the initially mentioned persons. In case of any substitution of the tenant or client agreed upon in writing by Le Hors Piste, the person substituting another person assumes all obligations of the tenant or client.

6.4 Cancellation fees:
• In case of cancellation until the 42nd day (exclusive) before the day of arrival: the amount of the down payment, i.e. 20% of the cost of the trip.
• In case of cancellation from the 42nd day (inclusive) until the 28th day (exclusive) before the day of departure: 30% of the cost of the trip.
• In case of cancellation from the 28th day (inclusive) until the 14th day (exclusive) before the day of departure: 50% of the cost of the trip.
• In case of cancellation from the 14th day (inclusive) until the 2nd day (exclusive) before the day of departure: 75% of the cost of the trip.
• In case of cancellation within 2 days before the day of arrival, on the day of arrival or later: 100% of the cost of the trip.

Article 7. Modification of the agreement

7.1 After the conclusion of the agreement (including the expiration of the ten day time limit applicable under article 3) the tenant or client can no longer make any modifications to this agreement.

7.2 In case the tenant or client submits a written request for modification after the conclusion of the agreement (including the expiration of the ten day time limit) Le Hors Piste can decide at its discretion if and to what extent it will comply with such a request.

7.3 In case Le Hors Piste complies with the request for modification, it will charge 25 euros for each modification. These costs will not be charged in the unique case the modification request is aimed at the prolongation of any period or at a stay in a more expensive period or in a more expensive lodging.

7.4 In case a request for modification concerns the shortening of a stay or a stay during a cheaper period or in a cheaper lodging, Le Hors Piste may charge cancellation fees.

Article 8. Arrival and departure

8.1 On arrival the confirmation shall be submitted to Le Hors Piste.

8.2 On arrival the tenant or client shall report at the reception of Le Hors Piste, after which Le Hors Piste will complete the check-in procedure in presence of the tenant.

8.3 The lodging will be available on the day of arrival from 17.00 hours. After the tenant or client has reported at the reception and the confirmation/invoice has been returned to Le Hors Piste, the check-in procedure has been completed and the tenant or client has paid a deposit, the tenant will receive the key to the lodging.

8.4 Unless otherwise provided in writing the lodging shall be left in a clean state before 09.00 hours on the day of departure. In case of chalet rental the tenant or client shall, one day before the day of departure, make an appointment for the check-out procedure and chalet inspection. In case the tenant or client makes inappropriate use of the lodging or its furniture or leaves it in an inappropriate state any additional (cleaning) costs will be charged to them.

8.5 Any outstanding amounts (including but not limited to bills from the restaurant, reception or bar) have to be fully paid before leaving the lodging. In case of non-compliance with this obligation Le Hors Piste will charge the outstanding amount(s) afterwards, increased by a mark-up of 25 euros for administration costs.  

Article 9. Rules (of conduct)

9.1 Le Hors Piste reserves the right to modify the lay-out and opening hours of the (central) facilities.

9.2 Le Hors Piste reserves the right to conduct maintenance work, without the right for the tenant or client to any compensation.

9.3 In order to make the stay for all guests as pleasant as possible everyone, including the tenant or client and any person on whose behalf the agreement has been concluded as well as any visitor, shall comply with the generally applicable rules (of conduct), as well as with any additional rules (of conduct) which will be established and published by Le Hors Piste as and when appropriate.

9.4 The rules (of conduct) apply in and around all buildings forming part of the Le Hors Piste premises as well as on all roads and paths in Oz-en-Oisans / Oz-Station. In case of nuisance by noise and/or inappropriate conduct (public drunkenness or urination, vandalism, fighting, etc.) the entire tour group, i.e. the tenant or client and all persons on behalf of whom the agreement has been concluded, of which the perpetrator(s) is or are member(s) will be called to account and held responsible. In such case Le Hors Piste will act in three phases: At the first incident, an official warning will be given and confirmed in writing to the tenant or client. At the second incident as a minimum the entire deposit will be withheld. At the third incident the agreement will be annulled and all rights to lodging and any additional products and/or services will be cancelled, as well as any claims to repayment of the rent or part of it. This is without prejudice to the costs that can be charged by Le Hors Piste for the actual costs and damages resulting from the nuisance by noise and/or inappropriate conduct.  The authorities of Oz-en-Oisans are informed of these rules (of conduct) and, if necessary, will support their enforcement; furthermore they are entitled to implement their own measures, for the consequences of which Le Hors Piste cannot accept responsibility. 

Article 10. Pet animals

10.1 Pet animals are not allowed in the hotel.

10.2 Pet animals are only allowed in certain chalets and provided that the presence of pets is expressly agreed upon before arrival at the chalet. Therefore the presence of any pet animals should be stated in the request for reservation. Pet animals are only allowed if there is an appropriate chalet available.

10.3 The pet owner must hold a declaration of health delivered by a veterinarian; such declaration shall not be older than 14 days before the date of arrival at the lodging. The animal must wear a flea collar in all cases. Outside the chalet dogs must be kept on a leash. Indoors and outdoors of the chalet all excreta should be cleaned up.

10.4 Considering the fact that the stay of pet animals in the lodging gives rise to additional maintenance, Le Hors Piste will charge fees as stated on the price lists and as agreed. For any unreported pet animal brought along by the tenant or client or by a person on behalf of whom the agreement was also concluded, a minimum of 150 euros per pet animal per week will be charged to the tenant or client afterwards. The foregoing is without prejudice to any charges made for deterioration, additional cleaning, etc. arising out of the presence of a pet animal.

Article 11. Force majeure

Force majeure occurs when the application of this agreement, wholly or in part, is temporarily or permanently impossible because of circumstances beyond the control of Le Hors Piste, including threat of war, strikes, blockades, fire, flooding, extreme weather conditions and other disruptions or events beyond the control of Le Hors Piste.

Article 12. Liability and special desires

12.1 The tenant or client is liable for all obligations arising from this agreement.

12.2 The tenant or client and the persons for whom the agreement is also concluded are jointly and severally liable for any damage Le Hors Piste might suffer as a result of the stay of the tenant or client and the persons for whom the agreement is also concluded, irrespective of whether this damage was caused by their own acts or omissions or by those of third persons they caused to be present at the lodging or its premises, or by an animal and/or effects in their possession.

12.3 Le Hors Piste does not accept liability for: damage and injury, irrespective of their origin, to persons as well as loss, theft, damage of luggage and belongings, including money, of any kind during or as a result of the stay in our lodging. Neither does Le Hors Piste accept any liability for the breaking down or disarming of electrical equipment or the failure or shutting down of any device.

12.4 Le Hors Piste is not responsible for locating lost and/or abandoned objects. When directed to search for lost and/or abandoned objects Le Hors Piste will charge 25 euros administration costs as well as shipping costs, if any. When the object(s) are found Le Hors Piste will ship them as soon as the administration and shipping costs have been paid. Even in case the object(s) are not found, the administration costs remain property of Le Hors Piste. When returning any lost and found objects, Le Hors Piste assumes no liability for loss, theft and/or damage. The tenant or client and the persons for whom the agreement is also concluded, have made their reservation on the condition that any loss, theft and/or deterioration of luggage, even after it has been found and returned by Le Hors Piste, is at their own risk.

12.5 The tenant or client and the persons for whom the agreement is also concluded agree the reservation is made on the condition that Le Hors Piste can only  be held liable for compensation for damage and loss of enjoyment combined to a maximum of 100% of the cost of the journey.

12.6 Le Hors Piste will endeavour so far as possible to gratify any special wishes submitted in advance. Any special wishes should be submitted in writing. N.B.: this is only a preference and therefore no guarantees can be given. Wishes never give cause to the establishment of any rights.  

Article 13. Complaints

13.1 Any complaints should be reported immediately to Le Hors Piste, thus giving Le Hors Piste the opportunity to remediate the complaint.

13.2 In case the complaint remediation is not satisfactory, the tenant or client can, within a period of one month after departure from the lodging, file a complaint in writing with Le Hors Piste.

Article 14. Privacy

14.1 The information communicated by the tenant or client will be used for reservation processing by Le Hors Piste. The communicated information will be stored in a customer database, which Le Hors Piste will use for marketing, data validation and maintenance purposes. Le Hors Piste carefully selects the companies charged with distributing information, brochures, etc. and with market research. These companies only receive the information needed in the performance of their task. 

14.2 The tenant or client is considered to have received permission from the other persons for whom the agreement is concluded to communicate their personal details. 

14.3 In case the tenant or client or any persons accompanying them or persons they caused to be present at the lodging or its premises are accidentally photographed and the picture is to be represented in a Le Hors Piste publication, their consent for using the photo is assumed, even in case they can be recognised from the picture.

Article 15. Disclaimer

15.1 Although Le Hors Piste has designed its website with all due care, it cannot guarantee the continuous completeness and accuracy of the website content. Le Hors Piste excludes any liability whatsoever resulting from errors or omissions in the information contained in this website. 

15.2 In case of misunderstanding or uncertainty with regard to the translated version of these terms and conditions, only the intentional meaning of the original Dutch version will apply.

15.3 These terms and conditions are exclusively governed by Dutch law. Any dispute arising from these terms and conditions shall only be submitted to the authorised court in Utrecht, the Netherlands.

Special terms and conditions for group travels – Le Hors Piste

Article 1. Scope

These special terms and conditions for group travels apply to all offers made by and reservations and agreements with sarl Le Hors Piste, established in Oz-en-Oisans, France, and/or Le Hors Piste BV, established in Nieuwegein, the Netherlands. They apply to groups of at least 20 members and are additional to the general terms and conditions.

Just like the general terms and conditions, these special terms and conditions are filed with the Chamber of Commerce in Utrecht. Upon request a free copy of these special terms and conditions will be sent to you by mail free of charge and/or can be downloaded from the website www.lehorspiste.com.

Article 2. Reservation procedure and conclusion of an Agreement

2.1 After submission of a request to Le Hors Piste for reservation of an accommodation and any additional products and/or services for a group of 20 persons or more, Le Hors Piste will check if it can comply with such request. If compliance is possible, Le Hors Piste will send the applicant a quotation. 

2.2 In case the applicant accepts the quotation and provided he/she is entitled to enter into the agreement, he or she shall return a signed copy of it to Le Hors Piste. At this point an agreement is concluded between the applicant, hereafter called the tenant or client, and Le Hors Piste.

2.3 By undersigning this quotation the tenant or client confirms having received and read the general terms and conditions of Le Hors Piste as well as these special terms and conditions for group travels. He or she further confirms to have the group members taking knowledge of the general and special terms and conditions as well as the rules (of conduct).

2.4 The client is responsible and liable vis-à-vis Le Hors Piste for any deficiencies in the implementation of the agreement, be it on his/her own account or on account of one of the participants of the group travel.

Article 3. Preferences and special requests

3.1 The client can only claim a fixed accommodation layout if this has been previously agreed upon in writing by Le Hors Piste.

3.2 Le Hors Piste will, so far as possible, endeavour to comply with any special requests. However, unless Le Hors Piste confirms in writing to be able to comply with the request, no rights can be derived form such undertaking.

Article 4. Additional services and products

4.1 Any additional products and/or services, such as the rental of towels and/or household linen, cleaning, hiring of a hall, etc. and the reservation of activities give rise to chargeable expenses, to be paid in advance. 

4.2 The costs for additional products and/or services will be calculated on the basis of the number of participants. In case of cancellation and/or modification related to the purchase of additional products and/or services, irrespective of the cause, the costs as mentioned in article 5 will be charged. This is without prejudice to any costs that may be charged to Le Hors Piste by a third party, responsible for the provision of additional products and/or services. The tenant or client is bound to pay these costs.

Article 5. Cancellation and modification

5.1 The client shall communicate the final number of group travel participants to Le Hors Piste no later than eight weeks before the arrival date. In case of cancellation or modification, the following will apply:
 
5.2 As soon as the agreement is concluded and in accordance with article 5.1 of the general terms and conditions 20% of the total amount for the accommodation and the total amount for the additional services and products as stated on the invoice, is due. 

5.2.1 In case the said amount has not been paid and the agreement is cancelled in the period between the time it was concluded and eight weeks before the arrival date or in case the number of participants is significantly reduced (significantly means: a deviation of 15% of the agreed number), the client is bound to pay 40% of the total amount for the accommodation, as well as the total amount of the additional services and products. This is without prejudice to payment of higher amounts pursuant to any modifications. 

5.2.2 In the period from eight weeks until four weeks before the day of arrival, in case of cancellation and/or significant reduction of the number of participants, 60% of the total amount for the accommodation is due, as well as the total amount of any additional services and products. This is without prejudice to payment of higher amounts pursuant to any modifications. 

5.2.3 In the period from four weeks until one week before arrival, in case of cancellation and/or significant reduction of the number of participants, 80% of the total amount for the accommodation is due (as well as the total amount of any additional services and products). This also is without prejudice to payment of higher amounts pursuant to any modification.

5.2.4 In the period from one week until the day of arrival, in case of cancellation and/or significant reduction of the number of participants, 100% of the total amount for the accommodation is due (as well as the total amount of any additional services and products). This also is without prejudice to payment of higher amounts pursuant to any modification. 

5.2.5 In case of a group travel comprising over 100 persons, the said percentages are 50%, 75%, 90% and 100%, respectively. 

5.3 In case the client doesn't comply with any of the special terms and conditions, the provisions of articles 5.3, 5.4 and 5.5 of the general terms and conditions will fully apply.
In that case, le Hors Piste reserves the right to exploit the accommodation in another manner.


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