Mountain Action Holidays Ltd (the Company) is a Travel Agent which offers online bookings of Multi-Activity Holidays (the Package Holiday) in the name of and on behalf of third parties. Bookings are only available in relation to Package Holiday and do not include any flights. Accordingly, any contract is made between the person making the booking (the Guest) and the Company, representing the owner. A contract will be entered into on the issuance of a booking confirmation by the Company.
The Company works with various local management companies providing the Guest with a point of contact during their stay at the Package Holiday. Deposit: A deposit of 30% of the total amount is required to secure a booking. This applies to all bookings. The booking is secured once the Company successfully charges the nominated credit/debit card or receives the bank transfer. The remaining balance is due 12 weeks prior to arrival. For bookings taken within 12 weeks prior to the arrival date, full payment is required at the time of the booking. Final Payment: The full balance of the Package Holiday cost must be paid no later than 12 weeks before the arrival date. If the full balance is not paid on time, the Company will notify the Guest of this breach of contract and the Guest will have 5 working days to remedy. If the breach is still not remedied, the Company reserves the right to cancel the booking, and is entitled to retain the deposit as compensation. Payments by credit card will be processed through the merchant partner trading name & Company ‘Mountain Action Holidays Ltd’
If the Guest has to cancel the Package Holiday for any reason, immediate notification to the Company is required. The cancellation is effective from the date the Company receives written notification. The cancellation will be acknowledged by the Company in writing via email. The Company will endeavour to rebook the entire holiday period. If the Company is able to re‐book the Package Holiday for the entire holiday period, then the Guest will only forfeit the deposit payment. If the Package Holiday has already been paid in full, the Guest is entitled to a 70% refund subject to credit card charges and administrative costs on the Package Holiday cost (Package Holiday cost does not include the following: Service Charge, Damage Waiver and any additional extras/facilities). If the Company does not succeed in re‐booking the Package Holiday, cancellation charges are applicable as detailed below.
The cancellation fee will include the Package Holiday cost*, and will be subject to administration fees. The cancellation fee will depend upon the amount of time still to elapse before the holiday arrival date. 35 weeks or more No cancellation charge; 10 weeks or more Cancellation fee: 50 % of full Package Holiday cost; 8 ‐ 10 weeks Cancellation fee: 60 % of full Package Holiday cost; 6 ‐ 8 weeks Cancellation fee: 70 % of full Package Holiday cost 4 ‐ 6 weeks; Cancellation fee: 80 % of full Package Holiday cost; 2 ‐ 4 weeks Cancellation fee: 90 % of full Package Holiday cost 2 weeks & under Liable for full Package Holiday cost PLEASE NOTE: No refunds will be given for early departure. Depending on the reason for cancellation, you may be entitled to claim from your travel cancellation insurance. We strongly recommend that you take out Cancellation Insurance.
Occasionally, it may be necessary to make a material change to the holiday arrangements for reasons such as withdrawal of a property from the Company’s portfolio. In this event, the Company will endeavour to offer an Package Holiday of a comparable standard and price to the Guest. Should the only alternative property be of a higher price, the Company reserves the right to charge the difference. The Guest has the right to decline the alternative Package Holiday for whatever reason (e.g. price, unsuitability etc.) in which case the Company will refund the full amount paid, but no other compensation would be payable. The liability of the Company is limited to, and cannot exceed, the amount paid by the Guest.
The Guest undertakes to keep the Accommodation and all furniture, fixtures and fittings in the same state of repair and condition as at the start of the holiday and to leave the Accommodation clean and tidy. The number of persons using the Package Holiday at any time must not exceed the maximum number as stated on the website.
The Company reserves the right to request credit card details of all Guests paying by wire transfer to cover any costs for rectifying any damages caused by the deliberate, negligent or reckless act of the Guest to the property or structure. Should this damage come to light after the Guest has departed, the Company reserves the right to make a charge to the Guest’s credit/debit card, or send an invoice for the amount to the registered address. The Company will, however, make every effort to rectify any damage internally prior to contracting specialists to make the repairs, and therefore will make every effort to keep any costs incurring to the Guest at a minimum. At the time of booking, each Guest is given the opportunity to opt‐in for a ‘Warranty Damage Waiver’. The price of this waiver is determined by the value of the Accommodation. Taking up this damage waiver option will remove any liability of the Guest (except in the case of deliberate or reckless acts) for damage caused to the property or its contents, up to the value of €1,000. Above €1,000 claims will be made to recoup the extra charges incurred to repair any damage. Changing a Booking: If the Guest wishes to make a change to their arrival or departure date after the booking confirmation has been issued, this is only possible subject to availability. The modification request must be received in writing by the Company before a revised booking confirmation can be issued. The Guest will not be able to select alternative Accommodation as this would be regarded as a Cancellation (see Cancellation Terms). Access to Accommodation: The Company or its representative can access the Accommodation at any reasonable time during occupancy given early prior notification to the Guest. The Accommodation and its use are subject to the conditions and regulations of the respective local laws.
If a Guest has a disability or special need, the Company will try to assist in finding a suitable accommodation. Such requirements must be specified at the time of booking and confirmed by the Company. If the Guest suffers from allergic reactions please take note that although certain Accommodations are advertised as NOT allowing pets, the Company cannot guarantee that pets have never been in that Accommodation and cannot be held liable in such circumstances.
In the event of any problem or issue arising on agreed arrival date or during the holiday, the Guest should immediately bring this to the attention of the Company or its representative. Complaints regarding cleaning must be made before 9.00 a.m. on the day after arrival by mail including a minimum of 3 photos. The Company will not be required to issue a refund if the Guest vacates the property before the contact person and/or Company has had sufficient time to address the problem. The Company regrets that claims for compensation cannot be considered after the holiday has ended if there was no such prior notification.
Tourist Tax may be charged separately from the accommodation costs.
The Accommodation will be available from 4pm onwards on the agreed arrival date. Departure time is by 10am, in order to be able to prepare and maintain the Accommodation to a high standard for the next Guest.
The Property Management Company, their representatives and/or the Company reserve the right to refuse admission or entry to the Accommodation to all or any persons, and may require all or any persons to leave the Accommodation, without refund, whom they consider to be in a material breach of these conditions. This includes persons who cause a nuisance or damage to holiday accommodation or conduct themselves in an offensive or disorderly manner. In such an event the Company will not be liable for making any payment to the Guest and will retain the total sum paid by the Guest. Electricity/Gas/Oil are included in the booking unless otherwise specified. Fuel for fireplaces or wood burners is generally not provided.
The Company or its partners will retain lost property items at their office premises for only 28 days from the date of departure. If items are to be returned to Guests, the Guest will be charged postage and packaging, payment of which can be made by credit card. The Company and its partners do not accept responsibility for returning any items and do not return any food or drink.
Every effort has been made to ensure that information on all websites is correct at the time of publication or at the time of inspection of the Accommodation and all this information and statements made by representatives or employees of the Company are made in good faith and the Company cannot be held liable for minor changes.
In general, most Accommodations will have private or public parking available. However, Accommodations located in the centre of towns may be subject to chargeable parking. Obligation to register: In the regions where it is required by law to provide the local authorities with guest data, it is mandatory for the guests to fill in their data in the secure online registration form in the personal Guest page of the Company’s management system.
Any liability of the Company and its associates for any damage, expense or loss of any nature whatsoever, suffered by any person from any cause, is excluded as far as permitted by the law. The owner is the sole guarantor for the correct execution of the rent. The identity of the client can be disclosed at the request of the tenant.
The Company shall not be liable for changes, cancellations, or any other effect on the holiday, due to any event, which with all due care could not be foreseen or avoided.
If any provision is invalid or unenforceable, the remaining provisions shall remain in force and effect. Any invalid or unenforceable provision shall be replaced by a valid provision, the effect of which is the closest possible to the intended purpose and effect of the invalid or unenforceable provision.
All disputes arising out or in connection with this contract will be governed by UK Law. Place of jurisdiction is the domicile of the Company to the extent allowed by law.