allChalets - Ski Accommodation - Terms & Conditions
1. Acceptance of Terms
1.1. By using or accessing allChalets.com (referred to herein as the "website"), you acknowledge that you agree to and are subject to the following terms and conditions (the "terms") as well as our Privacy Policy. If you do not fully agree to these Terms, you are not authorised to access or otherwise use the website. You should read through all the Terms carefully. The Terms constitute a legally binding agreement between you and AllChalets.
1.2. You are not authorised to use this website unless you are able to enter into legally binding contracts. Further, in some cases, we and a user may enter into a separate written agreement or contract providing additional terms and conditions of such user's use of this website and incorporating these Terms by reference.
2. Information about us
2.1. Our website is operated by All Chalets Ltd, trading as allChalets.com (“allChalets", "we", "us", "our"). We are registered in England and Wales under company number 9246065, with registered address at 27 Old Gloucester St, WC1N 3AX, London, UK.
2.2. Our website is a place where guests, holidaymaker and renters (“Renters") can view advertisements for and information about holiday properties offered for rent (“Properties", "Property") by other third parties, including property owners, managers, leasees, travel agents and tour operators (collectively referred to as “Owners"). We may also offer online booking services or other tools and facilities to allow users to communicate with each other and to enter into rental agreements or other transactions.
2.3. Our website acts only as a venue for users to interact, and AllChalets is not, and does not become, party to any contractual relationship between the Renter and the Owner, and does not mediate between the Renter and the Owner in the event of any dispute arising between them.
3. Accuracy of information
3.1. AllChalets provides a service for Owners to display their rental accommodation on this website and put the Renter directly in contact with the owners of these properties. We urge all users to be responsible about their use of this website and any transaction entered into as a result of either listing a Property or renting a Property. We do not own or manage any of the Properties listed on this website as a result we are not involved in, and do not take any responsibility for, booking arrangements or any property management issues.
3.2. All Property information displayed on this website is provided in good faith, however because the information provided is maintained directly by the Owners, AllChalets do not warrant that the information provided is accurate.
3.3. The contents of this Website do not constitute advice and should not be relied upon in making or refraining from making, any decision.
3.4. Owners may be required to provide proof of ownership of the property they are advertising before an advert is accepted. The Owner agrees to indemnify AllChalets against all claims or costs arising out of any misleading information in the advertisement.
3.5. AllChalets will take every care to reproduce faithfully all details, text and photographs provided to us by Owners. However, we will not be held liable for any loss arising out of any error or omission on our part. We reserve the right to specify the design and layout of advertisements, and (at our discretion) make modifications to submitted text or photographs, should we consider any to be necessary. We will not be held liable for any loss arising out of such modifications.
4. General
4.1. You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the website in a way that may impair the performance, corrupt the content or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information.
4.2. You agree to be fully responsible for any claim, expense, liability, losses or costs, including legal fees, incurred by us arising from any infringement of the terms and conditions set out in this agreement.
4.3. The use of this site is only for lawful purposes, and by using the site you agree not to
4.3.1. Post any unlawful, abusive, defamatory, obscene or indecent information or images.
4.3.2. Post or transmit any material, data or images of any kind that violates or infringes upon the rights of any other persons or any material, data or images that is protected via trademarks or any proprietary right, without receiving permission from the owner or relevant owner.
4.4. AllChalets makes no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.
4.5. AllChalets may change, suspend or discontinue any element of the website at any time, including the layout and the availability of any website features, services or content without any prior notice or liability.
4.6. AllChalets may on occasion undertake upgrades of the website in order to facilitate technological or legislative changes. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. We will, where possible, aim to ensure that maintenance of the website that causes any such restriction is undertaken at a time when most Guest/Renters usage is least affected.
5. Rights and Obligations of the Owner
5.1. Owners can agree with AllChalets to place on the website an advertisement for a specific Property (each, a “Listing"). Owners can choose to advertise a Property on the site either by Annual Subscription listing type or by Pay-per-Booking listing type.
5.2. Owners with multiple properties or owners who are property managers, travel agents or tour operators may enter into alternative contracts with allChalets whereby allChalets acts as an agent on their behalf. Such an arrangement is subject to a separate agency contract between the Owner and All Chalets Ltd. In the absence of a separate agency contract the standard terms and conditions shall apply.
5.3. By using or accessing the website or allChalets platforms or systems in the capacity of an Owner, you acknowledge that you agree to and are subject to the terms and conditions as well as our Privacy Policy. If you do not fully agree with the terms, you are not authorised to access or otherwise use the website.
5.4. By using this website, the owner warrants and confirms that they are legally entitled to do so and legally have full power and authority to enter into a contract with any person(s) or entity wishing to make a booking of the property for rental purposes (subject always to your right to refuse particular bookings). Contracts for the rental of the property are entered into directly between the owner and the person(s) or entity wishing to make a booking without any involvement from AllChalets.
5.5. If the Owner is a company, partnership or other entity, a person who uses this website, and/or agrees to the terms, on behalf of that Owner represents that he/she has the authority to bind the entity to these terms.
5.6. The Owner agrees not to add contact details (including but not restricted to email address and/or telephone numbers) to the content of their advert. Any owner found to have included contact details in the content of their advertisement may have their account restricted or removed. No refund of any fees shall be provided in such an event
5.7. allChalets reserves the right to decline to place any Listing that appears, in AllChalets' discretion, to be capable of infringing any provision of these terms.
5.8. Owners who violate the terms may have their access and use of the website suspended and their Listings removed from the website, at AllChalets' discretion. Listing fees are non-refundable if the Owner is deemed to have violated the terms.
5.9. Listings Types
5.9.1. Annual Subscription Listing
5.9.1.1. The Owner can purchase an Annual Subscription Listing by means of the website's online order form and pay AllChalets the fees for the relevant Listing. The price of an Annual Subscription is specified on the list of current rates on the website.
5.9.1.2. The standard term for an Annual Subscription Listing is one year from the date of the payment. If an Owner has multiple properties, we will align the subscription expiry date for all properties to be on the same date as the first property expiry date. In the case of an Owner with multiple properties who subsequently adds an additional property to their account then the Annual Subscription fee for the additional property may be pro rata adjusted so that the expiry date for all properties occurs on the same date. In this case the pro rata amount and the expiry date will be listed on the online order form.
5.9.1.3. Payments for Annual Subscriptions are made online using a debit or credit card. If this method is not suitable please contact us to discuss alternative payment methods.
5.9.1.4. Listing Fees are non-refundable in the event that the Owner terminates the Agreement or wishes to remove a Listing before the end of the term of subscription.
5.9.1.5. If the owner fails to pay their annual subscription fee or the annual renewal fee when due, then their account will be switched to the Pay-Per-Booking listing type and all fees due under the Pay-Per-Booking listing type shall be due on any future bookings.
5.9.1.6. Owners with Annual Subscription listings may at their discretion make use of the allChalets secure online payment system to allow their guests to pay for their booking. In this case the Owner agrees to pay a payment processing fee on each confirmed booking processed through the allChalets online payment service. The payment processing fee is displayed on each quotation that the Owner issues through the allChalets booking system.
5.9.1.7. Owners with Annual Subscription listings shall pay commission on any Managed Bookings that allChalets secures for them. The commission rate shall be at the rate of 10% of the booking value. Managed Bookings are bookings were allChalets deals with the customers enquiry and booking process. In the case of Managed Bookings allChalets we always contact the owner to confirm availablity and/or price prior to taking any firm booking. In the case of Annual Subscription Listings direct enquiries on the owners properties are sent directly to the owner and do not incur commission fees.
5.9.2. Pay-Per-Booking Listings
5.9.2.1. Owners can choose to list their properties under a pay-per-booking subscription type. This allows them to advertise each Listing without any upfront fee, but in exchange they will be charged a commission equal to a percentage of the rental amount paid by the Guest/Renter for each confirmed booking. The applicable commission rate is specified on the owners dashboard. allChalets reserves the right to change the applicable commission but shall provide the Owner with 30 days' notification before the new commission is applied. The new commission rate will be deemed accepted if the Owner does not remove his Listing by the time the new Commission is applied.
5.9.2.2. The calculation of the commission will include applicable payment processing fees related to online payment. The amount of the commission shall be displayed on the quote confirmation that the Owner receives.
5.9.2.3. Online booking and online payments are mandatory for all pay-per-booking Listings. The Owner further commits to manage communications, enquiries and booking payments through AllChalets' platform and tools. Use of external tools and/or payments outside allChalets' system are strictly forbidden.
5.9.2.4. The Owner commits to provide only accurate and up to date information in each Listing (including the description, rates and cancellation policy), and shall not impose different conditions on the Renter than those set out in the listing.
5.9.2.5. The Owner shall choose a cancellation policy from the ones listed by AllChalets. The selected cancellation policy may be changed by the Owner at any time and shall be applicable to any future quotes issued by the owner. No commission shall be charged on the cancellation of bookings where the applicable policy allows full refunds. In the case where a cancellation policy also for the retention of an amount from the Renter then the full allChalets commission shall be charged.
5.9.2.6. Bookings cancelled by the owner shall not be subject to commission however we reserve the right to change an administration fee if the owner cancels more than one booking within a 6-month period.
5.9.2.7. All bookings generated as a result of an enquiry or introduction from allChalets shall be liable to pay the applicable commission regardless of how the booking and payments are processed. Where a booking is completed outside the allChalets system the applicable commission is still due. The applicable commission shall be invoiced to the owner and will be due for payment on the arrival date of the booking.
5.9.2.8. In the case where the owner cannot provide the accommodation or service as originally described, then the owner is obliged to provide a suitable alternative for the holiday maker. In the event that the owner cannot find a suitable alternative then allChalets will attempt to source an alternative property. The owner will reimburse allChalets for any costs related to sourcing said alternative property.
5.9.2.9. In the case of bookings cancelled by the owner, the owner agrees to indemnify and reimburse allChalets for any and all costs incurred as a result of the cancelation.
5.9.2.10. allChalets retains a copy of all enquiries and communications processed on it's system and may contact enquirers or guests to confirm if they have completed a booking directly with the owner outside of the allChalets system.
5.10. Converting between listing types;
5.10.1 Conversion of a Listing from an Annual subscription listing to a pay-per-booking one can be processed at any time. Refunds are not provided for unused period of an annual subscription.
5.10.2 Conversion from pay-per-booking to Annual subscription can be processed once a year at the renewal date of the account. The renewal date corresponds to the account opening date. When converting from pay-per-booking to Annual subscription any existing confirmed bookings will continue to pay the commission due when they were confirmed. allChalets reserves the right to remove or disallow the Annual subscription listing type at an time.
5.11. Listings published on a pay-per-booking basis will be displayed on the website indefinitely, however we reserve the right to remove or refuse to publish any Listing at any time at our sole discretion. The Owner can deactivate or remove their Listings by contacting customer service. Existing confirmed bookings must be honoured by the owner.
5.12. AllChalets may conduct identity checks and ask for proof to establish the existence of a Property and/or an Owner and ownership. If requested to do so, the Owner agrees promptly (and in any event within any period requested by AllChalets) to supply to AllChalets such proof of identity or of a Property's existence as AllChalets requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these terms.
5.13. The Owner authorises AllChalets to forward the Owner's contact details, including telephone number, to Travellers in connection with a Property booking. AllChalets may where necessary (including to prevent fraudulent behaviour of a third party) give an Owner`s phone number to a Traveller. The Owner accepts the site's Privacy Policy and Cookie Policy and consents to the processing of data as outlined in those policies.
5.14. The Owner shall at all times submit accurate and truthful information about his/her personal identity, payment data, Property details and other communications using our systems.
5.15. The Owner warrants that all of the information provided to AllChalets is accurate and up-to-date, including, but not limited to any and all representations about any Property, its amenities, location, price, and its availability for a specific date or range of dates. The Owner will only list Properties which the Owner is entitled to rent to Guest/Renters, and each Listing must relate to an individual and uniquely identified Property.
5.16. The Owner undertakes to ensure that the information on the Listing is kept accurate and up-to-date for the entire time the Listing remains on the website.
5.17. The Owner undertakes to ensure that the calendar for each Listing is keep accurate and up-to-date to reflect the availability of the relevant Property as it is booked.
5.18. Owners are responsible for ensuring that their Listings do not infringe the law or the rights of any person or entity. Listings must not contain false information, personal insults, anything slanderous or defamatory, or anything that infringes copyright or data protection law.
5.19. Owners are required to keep their account login details secret and not to pass them on to third parties. Owners should use a password which is unique to the website. allChalets will never ask Owners to disclose their login data. If Owners are contacted by third parties and asked for login details, under no circumstances should they provide that data, but must immediately notify AllChalets of the situation by email to admin@allchalets.com . If any Owner believes that their account is being used by an unauthorised third party, they should immediately report the matter to AllChalets by email to admin@allchalets.com and also change their password.
5.20. No listing may be transferred to another party. In the event of a property sale or change in property management, AllChalets will provide guidance on options for creating a new listing.
5.21. The Owner shall be responsible for all charges relating to the Property and the Listings, and shall account to the relevant authorities for all applicable taxes (including, where relevant, VAT) on the payments they receive.
5.22. Where requested the owner shall provide the Renter with a valid invoice for the full rental amount.
6. allChalets Bookings and Secure Payment System
6.1. Rental payments processed through the allChalets shall be held on account for the Owner. The Owner may request withdrawal of any rental payment linked to a completed holiday 24 hours after the completion of that holiday.
6.2. allChalets aims to process any rental payment withdrawal request within 48hrs. The exact time period for the rental payment to arrive in the Owners bank account may depend on the Owners bank and on banking working days.
6.3 allChalets reserves the right to withhold payments if the holiday has not been completed according to the details outlining in the booking quote.
6.4. allChalets does not collect or manage damage deposits. It is the responsibility of the property owner to collect the damage deposit for each booking if required.
6.5. allChalets reserves the right to withhold payments if it has been notified of fraud or suspicious activity. Rental payments on last minute bookings may be subject to a 28 day withholding prior to comply with fraud prevention rules.
6.6 In the event of a successful chargeback from the Renters credit or debit card company, allChalets will request that the Owner refund the chargeback amount to allChalets. If the Owner fails to refund the chargeback amount allChalets reserves the right to take legal action against the Owner to recover the amount.
7. Advertising Prices
7.1. We reserve the right to change our prices at any time. Revised prices will be published on the website and will be effective for all new advertisements or renewals after the published date. If you have signed up for a trial advertising period, your advert will automatically expire at the end of the trial period unless you choose to renew it at the published rates in force at the time.
8. Modification
8.1. AllChalets reserve the right to change any part of this agreement without notice. We may revise these Terms and Conditions or the Booking Contract template at any time by amending the applicable web page or by publishing notices elsewhere on our site.
9. Limitation of Liability
9.1. AllChalets will under no circumstance be liable for indirect, special or consequential damages, including any loss of business, revenue, profits or data in relation to your use of the website.
10. Copyright
10.1. All intellectual property of AllChalets such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of AllChalets. By using the Website you agree to respect the intellectual property rights of AllChalets and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.
10.2. The Owner represents and warrants that he:
10.2.1. Owns the copyright in the photographic, data and textual material supplied by him to AllChalets (the Material) or
10.2.2. Has been authorised by the owner of the copyright of the Material to allow AllChalets permission to use the Material as contemplated below.
10.3. The Owner grants AllChalets a perpetual, royalty-free licence to use the Material for promotional purposes (including public relations material and marketing). The advertiser irrevocably and unconditionally indemnifies AllChalets immediately on demand against any cost, loss or liability (including legal costs), which AllChalets may incur by reason of any breach of copyright arising from its use of the Material. The owner understands that it may not reproduce photographic, data or textual material from any part of the AllChalets website without permission from the relevant copyright owner.
10.4. By accessing the website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial only.
11. Indemnity
11.1 You agree to indemnify and hold AllChalets and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against AllChalets alleging or arising out of or in connection from (a) any content or material the Owner submits or provides for inclusion on the website; (b) any use by the Owner of the website; and (c) any breach of these terms on the part of the Owner.
12. Marketing
12.1. AllChalets use various third party marketing and advertising channels to generate accommodation enquiries and to drive traffic towards our website and your property advertisement. You agree to allow your property details in whole or in part to be individually featured, or featured as part of a group, as long as your personal details are not disclosed to any third party. All marketing and advertising is aimed towards generating enquiries through our website.
12.2. Promotional discounts and coupons. Any promotional offers provided to ski clubs, student organizations, alumni organisations or other membership groups are limited as follows;
- The discount can be applied to a maximum booking value of 1,500 GBP or EUR per qualifying person.
- The booking payments must be completed via bank transfer
- The qualifying person must provide appropriate id or evidence verifying that they are a member of the club or group qualifying for the discounts
- The discount cannot be combined with any other promotion or discount.
13. Severance
13.1. If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
14. Contact Details
14.1. By creating an account on the Website, you agree to provide a valid email address to be used as primary form of contact and to inform and update AllChalets if this contact address changes. You also agree that AllChalets may contact you periodically by email with newsletters, details regarding new services, offers and updates relating to the Website and for matters relating to the administration of your properties.
15. Force Majeure
15.1. If there is any failure or delay in performance of our obligations resulting from events or circumstances not reasonably within our control, we will not be liable or have any responsibility of any kind for loss or damage incurred by you.
16. AllChalets' limited liability
16.1. In no event will AllChalets be liable for any lost profits or any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from the website, your use of the website and/or any transaction between users, even if AllChalets has been advised of the possibility of such damages. These limitations and exclusions apply without regard to whether the damages arise from breach of contract, negligence or any other cause of action. If you are dissatisfied with the website or AllChalets platform or systems, or you do not agree with any part of these terms, then your sole and exclusive remedy against AllChalets is to discontinue using the site. In all events, our liability, and the liability of All Chalets Ltd, to you or any third party in any circumstance arising out of or in connection with the website is limited to the greater of (a) the amount of fees you pay to us in the six months prior to the action giving rise to liability, and (b) £100.00 in the aggregate. Nothing in these terms shall exclude or restrict AllChalets' liability for death or personal injury resulting from its negligence; nor for AllChalets' fraud or fraudulent misrepresentation.
17. Jurisdiction & Governing Law
17.1. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts.
allChalets and www.allchalets.com are trading names of All Chalets Ltd registered in England and Wales with company number 9246065. Registered Address: 27 Old Gloucester St, WC1N 3AX, London
