Terms & Conditions
Usage Policy:
1. By using mountainxtra.com or any of the services that we provide you agree to be bound by these terms, which shall take effect immediately on your first use of mountainxtra.com. By instructing us to provide services for you in writing, via e-mail, over the phone or in person, or by using this website you the customer automatically agree all of the following terms and conditions in their entirety irrespective of the existence or not of a signed contract. If you do not agree to be bound by all of the following terms please do not access, use and/or contribute to mountainxtra.com.
mountainxtra.com owned by Mountain Xtra Limited may change these terms from time to time and so you should check these terms regularly. Your continued use of mountainxtra.com will be deemed acceptance of the updated or amended terms. If you do not agree to the changes, you should cease using this website. If there is any conflict between these terms and specific local terms appearing elsewhere on mountainxtra.com then the latter shall prevail. With regards to the supply of local property services mountain xtra may out source or work in partnership with max property management and or other local suppliers.
Advertisers / Uploading or Submitting Information
2. By placing an advert or uploading, or e-mailing us with the aim of us uploading on your behalf, any information what so ever you hereby agree to all terms on the is page including specifically the following conditions: (i) that you have the own the rights, licence,or have express permission to use and upload all pictures, photos or images that you provide, (ii) that all text including product, property or job descriptions are to the best of your knowledge completely and entirely true and that you are in no way falsely advertising or attempting to mislead our users with pictures or descriptions or additional or hidden pricing structures in any way. (iii) You understand that should it be uncovered that you are falsely advertising on this website mountainxtra.com is and shall not be any way held responsible in a court of law or with any regulatory bodies but instead you as the original advertiser or owner of the product, service or property are 100% liable for misleading or false information & our end users, or our / customers are entitled to take any legal action they see fit directly against you to recover costs, damages, or re-funds. (iv) If it is discovered and reported to us that above misuse of our services has taken place then the actions detailed in section 9b of these terms will also apply.
The law:
3. You agree to use mountainxtra.com only for lawful purposes, and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of mountainxtra.com . Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within mountainxtra.com.
Intellectual Property
4. All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on mountainxtra.com and all content (including all applications) located on the site shall remain vested in mountainxtra.com or its licensors (which includes other users). All pictures or images belong to mountainxtra.com or as far as we aware the licence to use or reproduce them have been purchased by mountainxtra.com's third party website design company or in the case of adverts, property adverts, free ads, the end user that uploaded the images has either owns or has been granted the rights to se the images. You may not copy, reproduce, republish, disassemble, de compile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use mountainxtra.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any mountainxtra.com content except for your own personal, non-commercial use. Any other use of mountainxtra.com content requires the prior written permission from the Mountain Xtra Ltd directors, legal staff or web design staff or agents.
4a. You understand and accept that mountainxtra.com is not responsible for the content of any partner, supplier or other websites linked to or from their website and you agree not to hold mountain xtra liable in cases of grievances.
Property Rentals & Resort Services:
5. If mountain xtra provide or book any products or services for you or on your behalf you agree to pay mountain xtra, the property owner or the property management company at the agreed time and by the agreed method. You may not always receive an invoice but should you ever receive an invoice from mountain xtra then you agree that you will pay each invoice in full no later than 28 days from invoice date (unless otherwise stated). If the invoice is not paid in full you understand and agree that an interest shall be applied at 8% p/c/m on all outstanding amounts. You agree to pay any overdue or outstanding amounts inclusive of interest.
6. You agree that if you or your guests remove, loose or damage property or items belonging to the property owner or property management company whilst staying in one of our listed properties that you will be liable for the full replacement costs of new items. You agree that in cases like this you are subject to the same payment terms detailed above.
7. Should you damage the property that you are staying in or any items in it you agree that the property owner or Mountain Xtra or property booking or management agent may deduct the cost of replacing the damaged or lost item out of your security / damage deposit. Or if the damage is discovered later or after the return of your deposit you agree to pay for the items lost or damaged and agree to the same payment terms as above. Cost may also be deducted if the property is not left in a clean and tidy state. You also agree that whilst you are staying in a property supplied by us that you will keep noise levels to minimum and be respectful of other residents nearby or in the same building. You understand and agree that if we receive complaints regarding noise levels or abusive behavior we may decide to deduct part or all of you security deposit and may refuse you any future bookings and in serious cases pass on your details to other holiday suppliers in the area.
8. You agree that these terms and conditions supersedes any previous agreement or contract that you may have on the same property.
9. In the highly unlikely event that you or any members of your group are verbally or physically abusive towards any person working for, or representing mountainxtra.com you understand that mountainxtra.com reserve the right to refuse to provide services to you and you may be asked to immediately discontinue use of the website or vacate the property that you are staying, in this case you will not be refunded any amounts already paid and your security deposit will not be returned. If you do not vacate a property when required you may be physically evicted and legal action may be taken against you.
Use of third party suppliers & advertisers including holiday properties:
10. Business between the website user and any advertisers or suppliers found on or via this Website, including the payment for, and delivery of, products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the specific advertiser or supplier. You agree not to hold us liable for any loss or damage of any kind incurred as a result of any such dealings.
10a. mountainxtra.com & the content and the services detailed and information regarding them are provided in good faith and you understand that images and descriptions are provided by third parties "as is" and "as available" and mountainxtra.com excludes all warranties of any kind on services, properties, holidays, products, descriptions, images and any content supplied by a third party including the exclusion of warranties of title, satisfactory quality, fitness for a particular purpose and non-infringement of proprietary or third party rights. we make no warranty that, (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be acceptable to you and (iv) the quality of any products, services, information or other material purchased or obtained by you through the service will meet your expectations.
10b. You agree that while dealing with mountainxtra.com should any of your required personal or contact details change for any reason including your mobile phone number at any point before or during your holiday you will inform us in writing at the first available opportunity.
Property Management & Chalet Services:
11. By using our services you agree that you wish for mountain xtra to enter and hold a set or sets of your keys for the property you wish managed or serviced. You agree that mountain xtra may use their own or sub contracted cleaning or maintenance staff and that cleaning is normally charged by the hour (unless when using full management services). Bed stripping and re-making and the travel time to and from your property will be included in the cleaning time and will be charged at the standard hourly rate. You must supply a working vacuum cleaner with spare bags and all appropriate and required cleaning products.
12. You agree to pay mountain xtra any amounts owed to them no later than 28 days of receiving their invoice .Should you not pay outstanding invoices within 28 days of receiving the invoice you agree that mountain xtra may be allowed to charge a monthly interest fee of 8% p/c/m on all outstanding amounts. You agree to pay any overdue or outstanding amounts inclusive of interest.
13. You can request an up to date copy of mountain xtra's prices and service rates at any time by e-mailing us at: info[at]mountainxtra.com and that we do make changes to not make changes to the prices of our property owners services without first informing all of our property owners. Also please note that for out of hours meet & greet's (between 9.30pm and 8am) there is an additional surcharge to our normal meet and greet rate which does apply even when the original booked meet and greet time was within our working hours, e.g. late arrivals due to flight delays and cancellations. Also be aware that our minimum call out fee can vary from 20 to 50 euros depending on the situation and time of year. Minimum call out fee's from trades professionals are likely to be significantly more. Although we will attempt to help most customers over the phone if your holiday guests demand that we visit your property to solve an issue that they are having (however small) we will still apply our minimum call out fee. It is your responsibility to re-claim these costs from your guest’s security deposits if you desire.
14. You agree that mountain xtra directors or employees or an individual or another company (specifically instructed) working directly for, or on behalf of mountain xtra may enter your property for the purpose of providing property management services.
15. Mountain xtra may on occasion or at very busy periods decide to outsource certain property management services if required, to a third party. Mountain Xtra also works along side and often in partnership with French registered company: M X Property Management. Should you ever receive an invoice from a third party who has provided services on behalf of mountain xtra or M X Property Management you agree to the same payment terms as above.
16. If you do not use mountain xtra's cleaning, meet & greet, laundry services or gardening services for more than 4 weeks per year then you will pay mountain xtra a flat rate charge for key holding services.
17. You must provide mountain xtra with full details of each and every holiday booking at least 4 weeks in advance of the booking date. Where this is not possible i.e. last minute bookings you agree to provide mountain xtra with full customer details at the earliest available opportunity. You agree that providing "full customer details" requires you to supply mountain xtra with the full name and home address of the group leader* for the party* that is staying, plus contact phone numbers and e-mail address (one phone number must be the mobile that they will be using whilst in France plus their arrival and departure flight details and expected resort arrival time & linen / bed making requirements. (*’Group leader’ / ‘party’, includes, holiday customers friends and family and anyone staying in the property where I will require the assistance or services of mountain xtra for any reason.) We have our own stringent personal information privacy policy we will at no time sell or give yours, or your customers information on to any third party company’s except when instructed to do so by you or your customers, i.e. for the purpose of booking transfers and or ski hire equipment. However from time to time we may contact you or your customers via e-mail to let you know about our or our suppliers or partners latest offers or information that we feel you might benefit from. If you wish for you or you customers to never receive any marketing e-mails from our selves please let us know via: info[at]mountainxtra.com and we will remove each e-mail address requested from our mailing list.
18. You are responsible for repairs that are required to the Property but you also give permission for mountain xtra to carry out any necessary repairs in the event of an emergency and will reimburse them in full for carrying out such repairs.
19. You indemnify mountain xtra & M X Property Management against any claims against them in respect of any costs and damages that are caused by your, or any of your agents or clients’ negligence or unlawful acts.
20. You agree that if you wish to terminate the use of mountain xtra’s services you must provide one month's written notice to mountain xtra. You also agree that any annual retainer, key holding fee or pre paid fees are non-returnable.
21. You agree that in the unlikely event that your guests or you remove, loose or damage mountain xtra property (e.g. laundry) that you will be liable for the full replacement costs of new items. You agree that in cases like this you are subject to the same payment terms detailed above.
22. Unless otherwise agreed you agree once a contract is signed with mountain xtra or M X Property Management that they are the sole property services supplier and that you will not use the services of any other property management company except in the case of advertising your property with a third party(s) with the intention of generating holiday bookings only.
23. You agree that these terms and conditions supersedes any previous agreement or contract that you may have with any third party with regards the supply of property management services & that mountain xtra can terminate this agreement at any time although under normal circumstances will provide 1 months written notice.
24. In the highly unlikely event that your customers or guests are verbally or physically abusive towards any person working for, or representing mountain xtra you understand that mountain xtra reserve the right to refuse to provide services to these customers.
25. You agree that should any of your required personal or contact details ever change for any reason including your mobile phone number you will inform mountain xtra in writing at the first available opportunity.
Website Misuse:
26. You may not use this website or the content to construct a database of any kind or store the mountainxtra.com (in its entirety or in any part) in databases for access by you or any third party, or distribute any database websites containing all or part of the website. Content, is protected by copyright and/or other proprietary rights. The content may include content owned and controlled by advertisers, suppliers or other third parties and licensed to us.
27. Anyone at any time attempting post rude, offensive or illegal material, text or images onto this website or if we feel in any way are attempting to misuse this site will be banned from using the mountainxtra.com permanently. You user account will be closed, your data will be taken off the website and all you details including your full name, address, e-mail, IP address etc will be reported to the police and or relevant authorities including your internet service provider, and you IP address will be permanently blocked.
28. You agree to contact us at info[at]mountainxtra.com as soon as you become aware of any unauthorized use of mountainxtra.com by anybody, or of any claim that this Website, or any of the Content, infringes any copyright or other rights of any other party. We may, in appropriate circumstances and at our discretion, remove or disable access to material on this mountainxtra.com that infringes on the rights of others.
29. We do not guarantee that this website is compatible with your computer hardware and software.
You expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from (a) the use or the inability to use the service, (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service (c) unauthorized access to or alteration of your transmissions or data, (d) statements or conduct of any third party on this website or the service, or (e) any other matter relating to this website or the service.
30. Every item of these terms and conditions is separate in it's own right and if any provision is, or becomes, invalid or contravenes any applicable regulations, the remaining provisions will not be affected.
All users:
31. Unless where specific signed contracts state otherwise, this agreement and terms and conditions shall be governed by and construed in accordance with the law of England and Wales. All parties irrevocably agree to submit to the exclusive jurisdiction of the Courts of England and Wales over any claim or matter arising under or in connection with this agreement or the legal relationships established by this agreement.