Terms and Conditions

TERMS AND CONDITIONS

 

Morgan Jupe is the trading name of Morgan Jupe Limited, a company registered in England & Wales with Company Number: 08092056 and registered address at 82 Pencisely Road, Cardiff, CF5 1DQ (“Morgan Jupe”).

 

The website defined in the agreement is found on domain http://www.morganjupe.co.uk (“website”).

 

  1. AGREEMENT
    • These terms and conditions together with the booking form comprise the agreement between Morgan Jupe and all guests listed on the booking form, on whose behalf the group leader identified on the booking form (“group leader”) has signed. A legally binding contract for hire of the property identified on the booking form (“property”) by the group on the dates set out in the booking form (the “contract”) is made once Morgan Jupe has issued a confirmation in writing (the “booking”).
    • The group leader is responsible, on behalf of all members of the group, for all matters concerning the booking. He/she will be personally liable for any payments outstanding in relation to the booking.
    • The “group” refers to all persons booked to stay in the property listed on the booking form and also includes any subsequent changes of names to the original booking.
    • If, at any time, the group leader changes Morgan Jupe must be notified in writing by the original group leader and the change approved by Morgan Jupe prior to arrival at the property.
    • On making a booking, the group leader agrees on behalf of all listed members of the group that:
      • He/she is over 18 years of age;
      • He/she has read these terms and conditions and agrees to be bound by them;
      • He/she consents to the use of any disclosed personal information in accordance with applicable data protection legislation;
      • He/she has made all other persons within the group aware of the terms and conditions;
      • All information provided by the group leader is accurate to the best of his/her knowledge.

 

  1. BOOKING
    • To make a booking the group leader must complete the booking form which may be done electronically, on the website, or by downloading and completing a blank copy, which can be returned to Morgan Jupe by email.
    • The group leader shall pay the reservation deposit, which is usually 25% of the total price quoted by Morgan Jupe to the group leader unless otherwise stated on the website.
    • Once the booking form is received and the reservation deposit is paid, Morgan Jupe will issue a booking confirmation by email.
    • Upon receipt of the deposit and confirmation by Morgan Jupe as set out in section 2.3, the booking will be held provided that the balance is paid in accordance with these terms and conditions.
    • The balance is due 8 weeks prior to arrival together with the damage deposit (if applicable) as described in section 4.5 below.
    • Failure to pay the balance and damage deposit (if applicable) on or before the due date may result in cancellation of the booking and the deposit already paid will not be refundable.
    • For bookings made within 8 weeks of the arrival date the full amount will be payable immediately in order to secure the booking.

 

  1. PRICES
    • The prices quoted on the website for “catered winter holidays” include: accommodation, continental breakfast and afternoon tea every day; house wines, beers and soft drinks for consumption in the property; use of linen, towels and dressing gowns in the property, use of bathroom products in the property; evening meals, children’s meals and cooked breakfasts, served every day apart from on the chalet staff’s day off; a chauffeur service within Morzine, as described on the website (“catered winter holidays”). Currently, for 7 night bookings there is one staff day off, for short breaks there is no staff day off.
    • The prices quoted on the website for “self-catered holidays” include accommodation, taxes and utilities as set out in section 3.5 (“self-catered holidays”). Where stated, the prices will also include linen, towels and cleaning. Self-catered holidays do not include any catering or driving services unless otherwise agreed by Morgan Jupe.
    • Prices do not include any additional services such as flights, airport transfers, taxis or insurance.
    • Unless otherwise stated on the website, bookings for exclusive use of the property will remain the same price regardless of the size of the group (maximum group sizes apply and are as stated on the website).
    • The price includes all local taxes and utilities (subject to reasonable usage).
    • Morgan Jupe guarantees the price quoted at the time of booking but may at any time increase or decrease the price of any weeks that have not been booked.
  2. PAYMENT
    • Payment can be made by bank transfer (details as set out in the booking form), cheque or banker’s draft to Morgan Jupe Limited; credit and debit cards are accepted and processed through a World Pay secure terminal.
    • Credit card payments are subject to a 1.5% charge; debit card payments are not subject to an additional charge.
    • Morgan Jupe is not responsible for charges imposed on the group, by their bank(s) or credit card issuer(s), including any payment discrepancies caused by variations in exchange rates.

4.4     Late payments will be considered notification of cancellation of the booking and Morgan Jupe reserves the right to re-sell the property for the period set out in the booking form without notice being given to the group leader.

4.5     The group leader will be invoiced for any monies owing to Morgan Jupe for damage or loss incurred in respect of the property and its contents. At the discretion of Morgan Jupe, such invoice shall be paid in full before departure from the property or invoiced to the group leader following the group’s departure for payment within 14 days of the date of such invoice.  In relation to holiday rentals the group leader shall pay with the payment for the balance, a compulsory damage deposit in the amount stated on the website at the time of booking, which will be refunded less any deductions within 14 days of the group’s departure from the property. Morgan Jupe may in its sole discretion retain the damage deposit to cover any loss or damage reported by the group or discovered by Morgan Jupe on inspecting the property which was incurred during the group’s holiday rental period. Any damage costing over the damage deposit amount will be the liability of the group and group leader and will be invoiced in accordance with this section 4.5.

 

  1. CANCELLATION BY THE CLIENT
    • Subject to section 5.4, the booking may only be cancelled by written notification (email or post) from the group leader. Morgan Jupe accepts no responsibility for non-receipt of cancellation notifications.
    • Upon receipt of written notification of cancellation, Morgan Jupe will issue a confirmation of cancellation and the following refund policy will apply:
      • If the cancelled period is booked by a new client, at the same price, the total amount paid will be refunded, less the administration fee (see section 5.2.4) to the group leader;
      • If the cancelled period is booked by a new client at a discounted rate, the total amount due for the booking less the difference payable by such new client will be refunded and less the administration fee to the group leader;
      • If the cancelled period is not re-booked, then no refund of any payments in respect of the booking will be due;
      • The administration fee charged for cancellation is £80.
    • Cancellation due to events beyond control of the group, such as cancelled flights, will be subject to the same refund policy as above.
    • Non-payment of the balance and damage deposit (if applicable) by the date due (8 weeks prior to arrival date) will constitute cancellation of the booking.

 

  1. CANCELLATION BY MORGAN JUPE
    • Subject to section 6.2, Morgan Jupe reserves the right to modify or withdraw any booking due to circumstances arising, which are beyond their control. If the group does not accept such a cancellation or major modification to the booking, Morgan Jupe will refund in full all monies paid in respect of the booking.
    • Circumstances amounting to force majeure include: war or threat of war, political unrest, adverse weather, Acts of God, epidemics, riots or civil strife, industrial disputes, natural or technical disasters. Any cancellation of the booking due to a force majeure event will not be refundable.
    • The group leader agrees to ensure that all members of the group have taken out appropriate travel insurance to cover any loss incurred through cancellation of the booking.
    • Any cancellation of the booking does not constitute cancellation of other services provided by third parties such as ski hire, ski lessons etc. The group leader is responsible for cancellation of such services directly with the relevant third parties.

 

  1. LIMITATION OF LIABILITY
    • The group leader accepts that the property is not an official tourist structure or hotel and that it is a privately owned property. Therefore, the property does not have standards or categories recognised internationally. The property reflects, in its architecture and furnishings, the local traditions and personal taste of the owners. The group should avoid making comparisons with other properties or with standards of those in their home country.
    • Morgan Jupe accepts no liability whatsoever or howsoever arising, nor will pay compensation for:
      • Any event amounting to force majeure (as described in section 6.2.);
      • Any cancellation, loss, delay or costs connected with adverse weather conditions, avalanche, mud slips, snow conditions and the effect any of these may have on travel arrangements, property and activities;
      • Limitations imposed by resort authorities, ski-lift operators, ski-tuition companies, ski equipment hire operators;
      • Travel arrangements made by the group outside of the booking;
      • Any personal injury or death, however arising caused to any visitor or member of the group, except in cases directly resulting from the negligence of Morgan Jupe.
    • The booking price does not include travel insurance. It is the responsibility of the group leader to ensure that all members of the group have adequate travel and medical insurance, including winter sports or other specialist cover where necessary. Morgan Jupe reserves the right to request proof that adequate insurance is in place in advance of the group’s arrival at the property and failure to provide proof will entitle Morgan Jupe to regard the booking as cancelled.
    • Morgan Jupe accepts no responsibility for activities or services arranged by the group with any third parties.
    • Subject to section 7.2.5, Morgan Jupe will not be liable for any accidents that occur in the property.
    • Morgan Jupe shall not be held responsible for any temporary defect or stoppage in the supply of public services to the property such as water, electricity, gas, telephone, television or Internet, or in respect of any equipment, machinery, or appliances in the property or garden.

 

  1. ARRIVALS, DEPARTURES AND OCCUPANCY
    • The group has the right to occupy the property from 16.00 on the arrival date to 10.00 on the departure date set out in the booking form.
    • Morgan Jupe will make every effort to ensure the property is prepared for the group by 16.00 on the arrival date but in certain circumstances some cleaning and changeover work may continue past this time.
    • For self-drive guests there is limited parking available; Morgan Jupe accepts no responsibility for any vehicles parked at or near the property.
    • For self-drive guests, it is their own responsibility to ensure their vehicle is suitably equipped for travel including but not limited to suitable tyres, snow-chains and other European safety equipment. Morgan Jupe will not be liable for self-drive journeys, including any issues relating to the group’s vehicle(s).
    • The persons residing in the property must be those stated on the booking form (or otherwise notified in writing to Morgan Jupe and agreed) and which must not exceed the maximum number for the property as set out on the website.
    • This agreement is personal to the group and may not be assigned or transferred by either party.
    • Morgan Jupe reserves the right to seek financial compensation from the group leader for any costs incurred by the property not being vacated at the time required on the departure date or in the event of any other breach of this agreement by the group.

 

  1. BEHAVIOUR AND RESPONSIBILITY
    • Guests should behave in such a manner as to not affect or disrupt the enjoyment of other members of the group, the local residents, or have a negative effect on the reputation of Morgan Jupe. This includes excessive noise inside or in the grounds of or in close proximity to the property.
    • Only those persons listed on the booking form are permitted in the property. Morgan Jupe reserves the right to request that any unauthorised persons leave the property and its grounds immediately.
    • No third-party service providers (including but not limited to: private chefs, massage and beauty therapists, childcare specialists) are permitted within the property unless the client is given express written consent by Morgan Jupe.
    • All losses, damages, injuries or breakages (including to any items removed by the group from the property) however caused, accidental or deliberate, including the full cost of any repairs or replacements required to the property and its contents or any loss, damage or injury suffered by Morgan Jupe, the property owners or any employee or representatives thereof, will be charged to the group and must be paid for in in accordance with section 4.5. Each member of the group will be jointly and severally liable for such charges and the group leader will have primary responsibility to ensure they are paid.
    • The property must be kept locked at night and whenever unattended. Any group member not taking reasonable measures to secure the property on exiting will be liable for any property stolen or damaged as a result.
    • Children are made very welcome at the property; however the property is not specifically designed for children. Children are required to be supervised by an adult at all times whilst in the property.
    • The group is kindly requested to leave the property and the items therein in the same state of general order in which it was found, and with the various items of furniture left in the places in which they were situated on the arrival date.
    • The group must permit Morgan Jupe, the owners and the owners’ representatives reasonable access to the property whether to inspect, carry out essential repairs or for any other reasonable purpose.
    • Pets are not permitted at the property.
    • Smoking is strictly prohibited inside the property and within a one-metre perimeter of all doors and windows.
    • Outdoor shoes must not be worn inside the property at any time; Morgan Jupe recommends that group members bring slippers. The group will be liable for any damage to flooring caused by outdoor shoes being worn inside by any group member in accordance with section 9.4.
    • Morgan Jupe reserves the right to terminate the booking immediately and without compensation or further contractual obligation for any breach of these terms and conditions, including without limitation this section 9 and, without prejudice to its rights to make a claim against the group and / or group leader for such breach, to retain the damage deposit to cover in whole or part any loss or damage suffered by Morgan Jupe as a result of such breach.

 

  1. INSURANCE
    • All members of the group must ensure that they are covered by a comprehensive travel insurance policy that includes cancellation cover and full cover for the group’s personal belongings. For the avoidance of doubt, Morgan Jupe has no liability in respect of the same.
    • It is recommended that the group members have personal liability and accidental damage insurance to cover against accidental or negligent damage to the property, and protect against loss in the event of a claim for costs being made against the group (this is often included as part of a comprehensive travel insurance policy).
    • For self-drive guests, additional breakdown and motor insurance is recommended.
    • Morgan Jupe may ask to see a copy of the group’s travel insurance and may cancel the booking in accordance with section 7.3 if it does not consider such insurance to be adequate.

 

  1. COMPLAINTS
    • In the unlikely event that a group member is dissatisfied with any part of the service provided or presentation of the property they are requested to kindly notify Morgan Jupe immediately in order that an attempt can be made to rectify the problem.
    • If the group or group leader fails to notify Morgan Jupe of any problem or dissatisfaction as soon as is practically possible prior to departure from the property, it may affect the ability to investigate complaints and impact the way that any complaint is handled. It could also affect the group’s rights under the booking.

 

  1. PROPERTY DESCRIPTIONS AND PICTURES
    • All property descriptions, information and photographs displayed on the website have been approved and accepted by Morgan Jupe as an accurate representation of the property.
    • Descriptions and information on third-party websites, including those on which Morgan Jupe actively place adverts cannot be trusted as accurate representations of the property or service provided and Morgan Jupe will not be liable for any such representations or otherwise in relation to such websites. It is recommended that the group consults the Morgan Jupe website.
    • Great care is taken to provide accurate information on the property and general area in which it is located. However, there may be occasions when facilities or circumstances referred to as part of such information which are outside of Morgan Jupe’s control may not be available. In such circumstances, Morgan Jupe will endeavour to inform the group leader of any such changes in advance. However, any cancellation by the group as a result of such change will be subject to the provisions of section 5.

 

  1. PASSPORT AND VISA
    • It is the responsibility of the group leader to ensure that all members of the group have valid passport and visa documentation for the countries you will be visiting. It should be noted that Geneva airport is located in Switzerland, which is not a member of the EEC.
    • Please also be aware that the Portes du Soleil ski area crosses the borders of France and Switzerland. It is the group’s responsibility to ensure they have suitable documentation when required.

 

  1. LAW AND JURISDICTION
    • The contract between the parties and any matters arising from it will be governed by and construed in accordance with the exclusive law and jurisdiction of the courts of England and Wales.

 

  1. CONTRACT CLAUSES
    • Both parties agree that if any one of the clauses or part of a clause of this contract is held to be against the public interest or unlawful or in any way unenforceable, the remaining provisions of the contract shall remain in full force and effect and bind the group and Morgan Jupe.
    • The group leader certifies on behalf of the persons included in the group, by whom he/she has been authorised to make this booking, that he/she has read the booking form and these terms & conditions and that the booking is made subject to those conditions.