FULLY CATERED AND SERVICED CHALETS AND ESTATES

Please read the Premium Experiences Terms and Conditions (as well as Rental Agreement and Terms and Conditions provided to you at time of booking) carefully as they are legally binding and constitute the terms and conditions of your agreement with Premium Experiences

TERMS AND CONDITIONS

1. The Booking

These Terms and Conditions and the Rental Agreement, to be signed for each booking (the Rental Agreement), contain all the provisions of your booking with Premium Experiences. They apply equally to you, the Agency, Group Leader, to all guests staying in the property and visitors you invite to the property, including staff, friends and service providers (Occupants).

Your booking concerns a lodging in a furnished Property with services to be delivered by Premium Experiences and such other third party supplier(s) as may be requested.

All bookings are governed by a standard check-in time to the property on the day of arrival at 4pm and a checkout at 10am on the day of departure. Early arrivals and late departures will be accommodated where possible only if there is no back-to-back booking in the property on that day and must be agreed in writing prior to arrival.

Unless otherwise agreed and you do not comply with the check-out time, we reserve the right to withhold your security deposit and charge an amount to it equal to one days extra rental pro-rata.

2. Deposits and Confirmation

Any booking will be valid and confirmed only upon receipt of:

• (i) a properly completed and signed Rental Agreement (or a booking form of an authorized

  Agent of Premium Experiences). The signatory must be over 25 years of age and a resident at

  the chalet during the rental; AND

• (ii) if the Booking is made more than 60 Days prior to arrival, the deposit payment of 35%. OR
• (iii) if the Booking is made less than 60 days prior to arrival, payment of 100% of the booking price.

  Your receipt of the Rental Agreement constitutes our provisional offer to book the chalet. If we do not receive the duly completed and signed booking form within 24 hours, and relevant payment within seven working days of receipt of the booking contract, our provisional offer will expire and it may cancel your provisional booking. In this instance we may offer the chalet to a new party.

Premium Experiences reserves the right to cancel a booking until such time that the above conditions are met.

Receipt by Premium Experiences of the deposit payment confirms the booking and you hereby agree to these booking documents, which are legally binding.

When the signed Rental Agreement and payment has been received we will send a receipt of the booking payment and the contract then exists between you and Premium Experiences, and this contract in all circumstances is governed by these booking conditions.

In respect of all bookings, a security deposit is required by Premium Experiences against any breakage, missing items, damage or deterioration to the Property or any adjacent property (please see paragraph 5 below) (SECURITY AND SERVICES DEPOSIT) caused during the rental period.

3. Balance Payment

Full payment of the balance as shown on your Rental Agreement is due 60 days prior to your arrival. If the payment is not received at this point, we reserve the right to cancel your booking and levy cancellation charges as detailed below.

Should the balance be received after the date outlined on the booking form, the amount due shall be subject to an interest of 7% p.a.

4. Payment Methods

When due, deposit and balance payments can be made by: (a) bank/wire transfer, (b) Visa/Mastercard/American Express (c) Debit Card. Details will accompany your booking form. All Credit Card payments are subject to a 3% surcharge.

For all bookings the booking price is fixed in the currency of the country where the booking is taking place. For example; for all bookings in Canada the booking price is set in Canadian Dollar, for the United States the booking price is in USD, and for bookings in Europe the booking price is set in Euros.

5. Security and Service Deposit

In the case of all catered, self-catered and accommodation only bookings, you will be asked to pay a Security Deposit to cover any damage caused to the Property. You will be liable for any breakages, damage or deterioration to the Property, adjacent properties during your stay caused by you or any member of the party, your employees or visitors to the property. These costs will be deducted from the Security Deposit. If the damages are greater than that of the deposit, you will be responsible for these costs. We recommend that you ensure that your insurance policy covers accidental damage to the Property and its contents.

The Security Deposit amount is set for each property and detailed on the Rental Agreement that you will receive in the booking process

In addition; if your booking excludes the cost of food, drink and other services which we will incur the cost of on your behalf, then a Service Deposit will also be applied in addition to the security deposit. All additional costs will be charged at cost price plus applicable taxes unless otherwise agreed.

Premium Experiences reserves the right to use the Security & Service Deposits to pay for any unpaid invoices on behalf of the guests on departure from the property.

The Security Deposit, and Service Deposit (if required) is due 2 weeks prior to arrival and will be refundable at the latest 1 month after your departure, less any costs incurred during your stay or cost of damages.

You agree to accept full responsibility for the damages caused and the costs incurred unless otherwise agreed in writing. Repayment may be delayed if the costs of any repair have to be determined.

The Security Deposit may be taken as a credit card authorization. Should you wish to pay the security and services deposit by bank transfer rather than by credit card authorization Premium Experiences will not be held responsible for any fluctuation in exchange rate, and the amount returned will be returned in the currency according to where the booking is taking place.

6. Changes and Cancellation by the occupant

If you wish to make any changes to your confirmed booking, you must notify Premium Experiences in writing as soon as possible. Premium Experiences shall make every attempt to meet your request, but cannot guarantee compliance with such requests. Modifications to the Rental Agreement are only valid if they are made in writing, and if they are signed by you and us, or when we have inputted amendments into the Rental Agreement.

You hereby agree to indemnify Premium Experiences for any reasonable expenses incurred in making an amendment.

Should you wish to cancel your booking for whatever reason, this should also be made in writing and charges will be levied as follows:

• (i) if cancelled more than 60 days before the arrival date, the deposit payment will be forfeited (unless the deposit is paid by credit card in which case the deposit will be refunded in full if notice of cancellation is received within 24 hours of payment being taken);

  and

• (ii) if cancelled less than 60 days before the arrival date, the full booking price will be forfeited

  and 100% of the booking shall be due and payable to Premium Experiences unless we are

  able to resell the property in which case the difference will be refunded.

We strongly advise that every client take out suitable holiday insurance for the duration of their stay, including cancellation insurance to limit your cancellation risk.

7. Changes and Cancellation by Premium Experiences

In the unlikely event that any alteration is made by Premium Experiences, which is deemed to be significant (for example, a change of booking date), you have the right to cancel the holiday and receive a full refund of monies already paid.

Premium Experiences shall not be liable for any refund should we be forced to cancel or change your holiday due to circumstances amounting to Force Majeure. Such circumstances shall include, but are not limited to, war or threat of war, riot, civil strife, terrorism, industrial disruption, natural disasters, fire, technical problems, adverse weather, governmental action, government travel restrictions due to health reasons and similar events beyond our control.

Premium Experiences acts as an agent on behalf of the property owners, and accepts no liability on their behalf. In case of sale of property, fire, or similar such event, the Owner reserves the right to assign the agreement to the new property owner or substitute the agreement with another suitable property, with every attempt made to provide a property or properties of similar or better quality. If a suitable property cannot be found all monies paid to Premium Experiences by you will be refunded.

Premium Experiences shall use all reasonable endeavours to assist you in finding another Property or another Booking period to substitute the cancelled holiday.

Premium Experiences will be entitled to cancel your booking, with no refund or compensation if:

• You do not comply with the payment schedule (for example payment of the balance amount,

  Security Deposit, or Services Deposit if applicable)

• You the occupants, or your visitors break the terms and conditions of your Rental Agreement
• The group size exceeds the agreed number of guests on the Rental Agreement

You have given misleading or false information, e.g. identity of occupants, nature of the party, failure to mention critical facts. 8. Amendment of Booking Documents

Any and all modifications or amendments of the booking documents, also amendments with respect to ancillary points, are only valid if they are made in writing, and if they are signed by all parties.

Any handwritten amendments or additions to the Rental Agreement will only be valid if they are countersigned or initialled by Premium Experiences before the booking period.

9. Pricing
All prices published in Premium Experiences marketing materials and/or on our website are for guidance only. In exceptional circumstances changes and errors occasionally occur. We reserve the right to alter or correct errors in any quoted or published prices at any time prior to the booking being confirmed.

10. Property and Service Description

Premium Experiences endeavours to ensure all information on our marketing materials, and website regarding the property description, services offered and prices displayed are accurate. In some circumstances changes and errors occur and Premium Experiences reserves the right at any time to correct prices or inaccuracies in these circumstances.

The Properties are not hotels and as such are not generally classified by the tourist authorities or international rating agencies. All luxury properties may not contain the same facilities or standards if judged by objective criteria. Please be aware that Premium Experiences and many of its third party agents use a marketing name for certain properties in its portfolio.

11. Special Requests

If you have any special request for auxiliary services, you must inform Premium Experiences at the time of booking and clearly note it on your Rental Agreement. Premium Experiences shall use all reasonable endeavours to arrange such requests. Premium Experiences cannot guarantee the execution of every request and shall not be liable for the non-execution of special requests.

12. Use of Property

You shall use the Property only for the purpose for which it has been rented to you (personal lodging). It is forbidden to use the premises for any kind of commercial use during the rental (weddings, bachelor parties, photo shoots, seminars, large parties etc.) unless expressly agreed in writing by Premium Experiences or the Owner or to take and/or use photographs of the Property for any commercial purpose. You shall not sublet the Property in any circumstance whatsoever.

13. Rules and Safety Precautions

Safety: The Properties are private homes and not hotels. There are no legal notices for precaution as you may find in hotels. Premium Experiences and the Owner will not be liable for any accidents / injuries to you, the occupants or your guests while staying at the Property.

Children: Premium Experiences will endeavour to inform you of the suitability of the Property for children. However, please note that the Property may not have the same levels of safety measures that you may have in your home and the supervision of your children is your sole responsibility. In addition, our staff will not be held responsible for any children left unattended within the Property.

The Property may contain a list pertaining to rules and security precautions concerning the use of the Property or its facilities. Please read these rules and safety precautions carefully if they are provided since they are an integral part of this agreement. You, the other occupants and your guests shall strictly adhere to these rules and safety precautions. Wellness Area, Swimming Pool etc.

General: At all times, you and your guests are to consider your own safety and the safety of others when using the wellness area. Use of the wellness area is at your and your guests’ own risk. You and your guests are to comply with the rules and safety precautions pertaining to the wellness area as communicated to you by the staff of Premium Experiences and made available in the Property.

Facilities are to be used for the designed purpose and in compliance with the instructions given by the staff of Premium Experiences. Without prejudice to the generality of the above, the following things are strictly prohibited in the wellness area:

• (i) running;
• (ii) diving or jumping into the swimming pool or Jacuzzi;
• (iii) drinking of any alcohol or using the wellness area when under the influence of alcohol or drugs
• (iv) leaving children unsupervised in the wellness area.

  Children: The direct, visual and active supervision of children present in the wellness area by an adult is essential and under your sole responsibility. The swimming pool, Jacuzzi, steam room etc located in the Property do not comprise an alarm system, safety nets or other safety measures designed to prevent the risk of drowning. To ensure the safety of children, the following precautions must be taken, in particular:

• (i) never leave young children alone near the swimming pool or Jacuzzi;
• (ii) never leave a child alone in the water, even if they know to swim, or in a hammam, steam room, sauna etc. They must always be under the supervision of an adult capable of saving them in the event of an accident;
• (iii) never leave toys or other items floating on the water; they may encourage children to approach the water; and

(iv) always fit inflatable armbands of floating costumes on young children.

Please note the swimming pools in properties may be shallower than 1.4m and there are no lifeguards on duty at any of the Premium Experiences properties. As a private facility, the safety equipment may be less than you are used to. Sometimes cleaning of the swimming pools and hot tubs will be necessary, we will try do this at appropriate times in order to minimize disruption, but in some cases this may be unavoidable.

Excessive use of hot tubs or Jacuzzis can cause skin irritations, which Premium Experiences cannot be responsible for.

If you fail to comply with rules and safety precautions set out in these agreements, communicated to you by the staff of Premium Experiences and/or made available in the Property, the staff of Premium Experiences shall be entitled to prohibit the use of the wellness area for the duration of your stay.

14. Security

The occupants must occupy the Property conscientiously and avoid any carelessness or negligence. In particular, occupants must not leave the Property unlocked without supervision to avoid any intrusion. In general, occupants must use the house and the furnishing therein as they should normally be used.

Please note that not all Properties have safety deposit boxes. If required please inform Premium Experiences at time of booking so that it can be provided in time. There is a charge for this service.

If there is an alarm in the Property, please ensure that it is switched on whenever you leave the Property and at night before going to bed. Please note that the failure to do so could impact whether or not the property’s insurance will cover any losses in case of burglary.

15. Animals

No animals are allowed in the Properties without prior written consent of Premium Experiences. It should also be noted that in a number of our properties animals are prohibited altogether.

An increased damage deposit of and one off cleaning charge will be required as part of this consent. If during your stay, the animal causes damage we reserve the right to ban the animal from the property. If you are found to have an animal in the Property without prior consent in writing from Premium Experiences; the staff of Premium Experiences has the right to evict all occupants from the property without refund.

16. Smoking

Smoking is strictly prohibited in all Properties. Premium Experiences and the Owner reserve the right to remove any group breaking this condition from the property without refund.

In the event that smoking has occurred within the property an additional cleaning charge of $1000 CAN will be payable to Premium Experiences immediately.

17. Property Capacity and Visitors

Each property has a maximum capacity which is outlined on the website and in the Rental Agreement. No Property can exceed the maximum capacity at any given time unless agreed in writing prior to arrival.

Only persons confirmed on the Rental Agreement may occupy and use the facilities of the Property unless agreed in writing prior to arrival. There are to be no parties or any additional people invited to eat or stay overnight without the prior written consent of Premium Experiences. In the event that permission is given reserves the right to charge extra for the services provided.

Should the number of guests exceed the maximum capacity of the chalet Premium Experiences reserves the right to refuse you entry to the property or terminate your occupancy of the chalet with no monies refunded.

18. Removal of Ashes from the Fire

Due to the inherent fire hazards it is strictly forbidden for any guests of Premium Experiences to remove ashes from the fireplace. This task will be undertaken by staff of Premium Experiences or contracted housekeeping staff only.

19. Keys

On arrival at the property you will be issued with a number of keys for the property. If the same number of keys is not returned to the staff of Premium Experiences at the end of your stay a charge to replace these keys or to change the locks will be payable to Premium Experiences. This may be deducted from the Security Deposit.

20. Skiing and Activities

It is the responsibility of you and your group to judge the suitability of the terrain you ski. If you or any member of you party ski/snowboard on terrain on the recommendation of or accompanied by a representative of Premium Experiences or 3rd party instructor we will not be liable for any injuries, howsoever caused.

21. Resort Vehicles

Any transport offered in Premium Experiences vehicles during your stay is accepted at your own risk. We will not transport children under the age of 12 unless accompanied by an adult or guardian from the party.

22. Behaviour

If in the opinion of the management of Premium Experiences or the property owner we think that you or a member of your group behaves in a manner which is illegal, which causes or is likely to cause a danger, excessive disturbance (i.e. to neighbours), damage to the Property, or acts in breach of any provision of the booking terms and conditions, your rental may be terminated immediately and you shall be asked to leave. In this event, you shall not receive any refund and you shall be fully liable for any expenses incurred as a result your behaviour or the behaviour of the persons in your group.

No outdoor footwear is to be worn inside the property. Any damage caused to the floors as a result of wearing outdoor footwear or shoes with heals will be charged to you.

23. Third Party Services

Premium Experiences may arrange services from third party suppliers; including ski instruction, ski passes, airport transfers, childcare, babysitting and any other activities and third party services.

Any booking Premium Experiences arranges for you with a third party will be subject to that party’s terms and conditions of business.

You will be liable to pay the costs of any third party service. All costs must be settled prior to the end of your booking. Premium Experiences will not be responsible for any outstanding costs due to the supplier and reserves the right to deduct any owed costs from the Security Deposit plus the cost of any taxes and credit card fees due.

We do endeavour to ensure that all of our partners provide their services to the highest possible standards.

24. Complaints and Problems

Premium Experiences shall make every effort to ensure that you have a trouble free stay at the Property. Premium Experiences shall do its best to sort out problems as soon as reasonably possible once it has been informed of them. If you have reason to be dissatisfied with the Property or the service of a supplier, please contact Premium Experiences and the relevant services supplier during your stay.

25. Your Responsibilities

You will indemnify Premium Experiences for all losses and/or damage arising from any act or default on your part or the part of any member of your party. You will ensure that you have in your possession all necessary and valid travel documents.

You accept that you ski and enjoy other winter sports at your own risk within the restrictions imposed by the resort or other authorities. We are not responsible for your actions and these restrictions.

You will be financially responsible for any losses at the property or damages to the property due to theft if you, your guests or your employees leave the property unsecured.

26. Insurance

It is the condition of every booking that each member of your party is covered by personal holiday insurance, and that the policy covers you adequately for winter sports, third party risks and costs incurred from damage to property or adjacent properties during your stay caused by you or any member of your party, your employees or visitors to the property.

For any long term Rental Agreements, we may require that you hold a Tenancy Agreement with your insurance company to cover the loss or damage to any personal items during your stay at the Property.

27. Liability
Your contract for the rental of the Property is with the Owner and for the delivery of services with Premium Experiences as an agent for the staff of the Owner, its own staff and as an agent for independent service providers. To the extent that Premium Experiences is only an agent it shall have no liability whatsoever for any loss, damage or injury suffered by you. The Owner, Premium Experiences, to the extent that it is providing services to you with its own staff, and any independent service providers will not be liable towards you, the occupants or your guests for:

• (i) events that are not directly caused by their negligence;
• (ii) losses incurred due to your negligence or that of one of the occupants or your guests (e.g. not keeping valuables in the safe, not switching on the alarm, failure to comply with security measures recommended etc.); Or

(iii) accidents or injuries caused by you or one of your guest’s negligence or lack of caution. You will indemnify Premium Experiences /or the Owner for all losses and/or damage arising from any act or default on your part or the part of any member of your party.

You accept that you ski and enjoy other winter sports at your own risk within the restrictions imposed by the resort or other authorities. We are not responsible for your actions and these restrictions. It is the responsibility of you and your group to judge the suitability of the terrain you ski. If you or any member of you party ski on terrain on the recommendation of or accompanied by a representative of Premium Experiences, we will not be liable for any injuries, howsoever caused.

28. Passport and Visa Requirements

It is your responsibility to comply with the local laws relating to visas and authorisations for the country in which the Property is situated.

Please contact your local office for foreign travel and passports to enquire about passport, visa and health requirements for the country in which the Property is situated.

29. Data Protection

Please note that the personal information of all occupants (name, address, age, telephone number, email) shall be conserved in a confidential manner by Premium Experiences for further reservations and to keep the occupants informed of special offers (if requested).

30. Confidentiality

The terms of the Rental Agreement are confidential and shall not be disclosed to 3rd parties. We will respect the confidentiality of occupants and visitors to the chalet. For any special circumstances involving sensitive identities, you should make this explicit at time of booking.

31. Breach of Agreement
If after the conclusion of this agreement, you do not make the required payments or you violate any other provision of the booking documents, the Owner and/ or Premium Experiences reserve their right to immediately terminate this agreement and refuse you access to the Property. In this event, no refund or compensation shall be due to you from either the Owner or Premium Experiences. The latter reserve their rights for any damages or loss of profit caused to them directly or indirectly from your breach of this agreement.

32. Entire Agreement

The booking documents, the list of rules and safety precautions of the Property and all applicable laws, constitute the entire understanding and agreement between you and the Owner for the short- term rental of the Property and between you, Premium Experiences, the Owner and any independent service providers for the services.

Premium Experiences reserves the right to alter these terms and conditions from time to time and will notify you of any changes as soon as reasonably possible. The amended terms and conditions will apply to any booking that commences after the date of such notification.

33. Applicable Law and Dispute Resolution

These terms and conditions are to be construed, and any dispute between the parties determined, under the laws of British Columbia.