Terms

SARL Mountain Express Terms & Conditions (revised 8th October 2009)

1. Meaning of words. The “carrier” is SARL Mountain Express, siege social La Contamine, 73440 -St Jean de Belleville, France. The “client” is any person placing a booking with the carrier or any person or persons to be or being or having been transported by the carrier. The “party” is any number of people being transported by the carrier under one booking. A “Minor” is any person aged 16 years or under. “Transfer” means any journey to transport the client and or their luggage. “Booking” means any confirmed reservation made by the client with the carrier for any number of transfers as detailed in the transfer booking invoice or transfer booking ticket provided by the carrier. A “private” transfer is a booking placed by the client for one or more people for exclusive occupancy of the transfer vehicle provided by the carrier. A “Shared” transfer is a booking placed by the client for one or more people to be transported by the carrier with other clients who have placed a separate booking for a similar transfer with the carrier. A “No Show” is a situation where the client fails to meet the carrier at the designated collection point as specified in the transfer booking ticket within 90 minutes of the flight or train arrival time indicated on the transfer booking ticket (except in Moutiers) or within 30 minutes of the specified train or bus/coach arrival time or specified collection time indicated on the transfer booking ticket (including in Moutiers) without having made confirmed contact with the carrier and received agreement by the carrier to an alternative arrangement - i.e. a revised collection time or address and or revised price.

2. Any verbal or written quotation or transfer booking invoice provided by the carrier will include all taxes and tolls unless otherwise stated at the time of quoting.

3. Upon receiving the client’s acceptance of a transfer quotation verbally, by fax or by email, or upon receiving any payment by the client to the carrier relating to any transfer booking invoice the client is deemed to have entered a contract with the carrier under the terms and conditions of service of the carrier.

4. Upon receiving any transfer booking request by the client the carrier will provide a written transfer booking invoice by email or fax and it is the clients responsibility to ensure all details shown in the transfer booking invoice are correct.

5. Upon receipt of the appropriate payment or credit card details requested by the carrier to secure a booking the carrier will provide a transfer booking ticket by email or fax and it is the clients responsibility to ensure all details shown in the transfer booking ticket are correct. The emailed or faxed transfer booking ticket is the client’s travel ticket to be presented to the driver on demand prior to any service being provided.

6. The carrier reserves the right to amend the price of a booking at any time and provide the client with a revised transfer booking invoice or transfer booking ticket. The client has the right to decline any amendment made by the carrier and cancel the booking without penalty and any payment made will be refunded in full within 14 days.

7. Any amendment requested by the client to their booking will be subject to an amendment in price in accordance with the current published rates or terms and conditions of service of the carrier. If the client refuses to accept any change in price made by the carrier to accommodate any request by the client to amend their booking the booking will be deemed to be cancelled by the client and the cancellation charges detailed within the terms and conditions of the carrier will apply. The carrier reserves the right to waive any or all of these charges at it’s absolute discretion..

8. All clients and their luggage are transported subject to the terms and conditions of service of the carrier. In the event of a booking for two or more people the client who placed the booking is deemed to be acting as an authorised agent accepting these conditions on behalf of all other people in the party who are deemed to have accepted the terms and conditions of the carrier once a booking has been made on their behalf.

9. Payment for transportation must be made by the client as detailed in the transfer booking invoice and or transfer booking ticket provided by the carrier. Payment for any additional charges if applicable as detailed within the terms and conditions of the carrier, i.e. excess waiting time, diverted flight, valeting fee, vehicle damage costs, seat belt fines, etc must be made in cash Euros to the driver or in the event of the client refusing or being unable to pay such charges will be deducted from the credit or debit card supplied by the client to the carrier to secure the booking.

10. Cancellations & refunds. All cancellations made by the client before the date of transfer must be made by email or fax. Any cancellation made is not validated until a confirmation of the cancellation has been provided by the carrier. For cancellations more than 7 days prior to the 1st date of transfer;a 20.00 Euro administration fee is due (any payment received in excess of 20.00€ will be refunded or any payment due will be deducted from the credit or debit card supplied to secure the booking). For cancellations between 7 days and 24 hours prior to first date and scheduled time of transfer;25% of the cancelled transfer is due (any payment received in excess of this amount will be refunded or any payment due will be deducted from the credit or debit card supplied to secure the booking). For cancellations within 24 hours of scheduled time of transfer or in the event of a “No Show”;100% of the cancelled or missed transfer is due (any payment due will be deducted from the credit or debit card supplied to secure the booking). In certain circumstances the client may be able to claim this amount off any travel insurance contracted by them. The carrier reserves the right to waive any or all of these cancellation charges at it’s absolute discretion.

11. Waiting time, flight diversions & alternative transfers. The client is respectfully reminded that as a professional and licensed passenger transport provider (licence No. 2008/82/0000343 issued by the D.R.E. Rhone Alpes, Lyon) the carrier operates under the European regulations governing driving and working hours therefore the terms and conditions of the carrier most notably with regards to waiting time, flight diversions and alternative transfers may seem stringent at times but are necessary in order for the carrier to be able to comply with such regulations. Please remember it is not the carriers fault if your flight or train is late or diverted and the carrier will have incurred the same if not more expense (paying drivers overtime for waiting) in supplying a vehicle as would have been incurred if the transfer had gone ahead on schedule.

12. Flight/Train delays & waiting time. In the event of the client’s arrival at any airport, train or bus/coach station collection point as specified in the transfer booking ticket (except in Moutiers) being delayed for whatever reason the carrier will wait for up to 90 minutes from the scheduled flight, train or bus/coach arrival time indicated on the transfer booking ticket free of charge after which time the carrier will endeavour to continue to wait whenever possible and subject to other booking commitments unless otherwise agreed in a confirmed communication with the client. Waiting time will then be payable by the client at a rate of 7.50 euros per 15 minutes for all bookings for 8 passengers or less or 15.00 Euros per 15 minutes for all bookings for more than 8 passengers for any waiting time over and above the initial “free” 90 minutes. In the event of the client not being ready for collection by the carrier at any other collection point as specified in the transfer booking ticket (including in Moutiers) the carrier will wait for 30 minutes from the original scheduled train or bus/coach arrival time or specified collection time indicated on the transfer booking ticket after which time the carrier will endeavour to continue to wait whenever possible and subject to other booking commitments unless otherwise agreed in a confirmed communication with the client. Waiting time will be then payable by the client at a rate of 7.50 euros per 15 minutes for all bookings for 8 passengers or less or 15.00 Euros per 15 minutes for all bookings for more than 8 passengers for any waiting time over and above the initial “free” 30 minutes. If the carrier has waited for a client who then refuses to pay the additional waiting charges the transfer will be deemed to be cancelled and the cancellation charges detailed within the terms and conditions of service of the carrier will apply. In certain circumstances the client may be able to claim this amount back using any travel insurance contracted by them. The carrier reserves the right to waive any or all of these charges at it’s absolute discretion.

13. “No Show” & alternative transfer (in the event of excessive flight/train delay). If the client fails to make confirmed contact with the carrier to advise of any delays and the carrier chooses not to wait for more than 90 minutes from the original scheduled flight or train or bus/coach arrival time at any collection point as specified in the transfer booking ticket (except in Moutiers) or for more than 30 minutes for any other collection point as specified in the transfer booking ticket (including in Moutiers) the booking will be deemed to be a “No Show” and cancellation fees as detailed within the terms and conditions of service of the carrier will be applied at the absolute discretion of the carrier. If the client makes confirmed contact with the carrier to request the carrier to wait for the client the carrier will agree to wait for the client beyond the “free” period of waiting time whenever possible and subject to other booking commitments or offer an alternative transfer with the next available vehicle at an agreed price which may include any charges deemed appropriate by the carrier for the original aborted transfer to a maximum value of the original aborted transfer. If the client chooses to decline to accept the alternative transfer or pay any waiting time or additional charges due as specified within these terms and conditions of service the carrier reserves the right to cancel the booking and apply cancellation charges as detailed within the terms and conditions of service of the carrier. In certain circumstances the client may be able to claim this amount back using any travel insurance contracted by them.

14. Flight/Train diversions. If the client’s flight or train is diverted to an alternative airport, train or bus/coach station or the client requests to change the collection or destination address specified in the transfer booking ticket the carrier will endeavour whenever possible and subject to other booking commitments to provide the client with an alternative transfer to or from the new collection or destination address at the carriers published rate on the date of transfer for the alternative transfer plus 0.50 euros per kilometre from the original scheduled collection or destination point to the new collection or destination point using the fastest recommended route on www.viamichelin.com for the appropriate vehicle category plus any additional tolls incurred by the carrier over and above those tolls normally included in the price of the alternative transfer. If the client chooses to decline to accept the alternative transfer offered by the carrier or if the carrier is unable to provide an alternative transfer for whatever reason the booking is deemed to be cancelled by the client and the cancellation charges as detailed within the terms and conditions of service of the carrier will apply. The carrier reserves the right to waive these charges at it’s absolute discretion. In certain circumstances the client may be able to claim this amount back using any travel insurance contracted by by them.

15. Smoking or the consumption of alcohol or the use of illegal drugs within the transfer vehicle is not permitted at any time.

16. The carrier reserves the right to refuse to transport any client who is thought to be under the influence of alcohol or illegal drugs or who is considered by the carrier or driver acting on behalf of the carrier to pose a threat to the driver or other passengers.

17. If any client soils a vehicle provided by the carrier for their transfer, i.e. chewing gum on seats or drink stains or vomit the client will be required to pay a 50.00 euro valeting fee directly to the driver in cash euros.

18. If any client damages a vehicle supplied by the carrier for their transfer, i.e. scratches or dents caused by brushing or hitting the vehicle with luggage or skis, the client must pay for the damage to be repaired in full immediately upon request by the carrier. If the client refuses or is unable to pay for such damage, the carrier will commence legal action against the client to recover any repair costs and expenses incurred by the carrier as a result of damage caused by the client.

19. The carrier refuses to knowingly transport any client who is not wearing a seat belt or using the appropriate child or booster seat as governed by EU law. If any client fails to comply with any EU laws governing the use of seat belts or child or booster seats the client in question will be held responsible for paying any fines imposed upon the carrier or driver acting on behalf of the carrier immediately in cash Euros.

20. Any minor travelling as part of a party is deemed to be the responsibility of the client who placed the booking or is travelling with the minor and any valeting fees or costs and expenses incurred by the carrier for damage to or soiling of the vehicle supplied by the carrier to transport the party or fines incurred by the carrier or driver acting on behalf of the carrier as a result of any minor failing to wear a seatbelt or use the appropriate child or booster seat in accordance with EU law will be payable by the client who placed the booking or is travelling with the minor.

21. The carrier will endeavour to provide a transfer service to the client as detailed in the transfer booking ticket with the minimum delay reasonably possible however circumstances beyond the carrier’s control may not make this possible in which case the carrier cannot be held responsible or liable for any financial or material losses consequential or otherwise. Circumstances beyond the carriers control include but are not restricted to the following examples;

a. Any circumstance affecting the client’s or driver’s safety.

b. Any accident or incident causing unforeseen traffic delays.

c. Any road closure or restricted access of the intended route chosen by the carrier.

d. Any delays as a result of weather conditions.

e. Any un-foreseen traffic delays.

f. Any vehicle breakdown or puncture.

g. Any delay as a result of the carrier’s vehicle being detained by police, customs or any other government official.

h. Any delay howsoever caused by a third party to include but not be restricted to industrial action terrorism or vandalism.

22. If the carrier fails for any reason within it’s control to provide or complete a transfer the carrier will endeavour to source a replacement transfer for the client with a third party carrier subject to availability. Any excess charges over and above the price detailed in the transfer booking ticket provided by the carrier to the client would be payable by the client directly to the third party provider.

23. The carrier and any vehicle operated by the carrier is fully insured and licensed to carry passengers under French law however the client’s luggage and personal effects are carried entirely at their own risk and no responsibility can be accepted by the carrier for loss or damage. The client should therefore ensure they have contracted appropriate travel insurance to cover this if required.

24. In any circumstances the liability of the carrier shall be limited to the value of the booking as specified in the transfer booking invoice.

25. The carrier reserves the right to alter these terms and conditions at any time and the terms and conditions published by the carrier at www.mountainexpress.co.uk on the date of transfer govern any booking that exists on that date.

26. These terms and conditions shall not affect the client’s statutory rights under French law.

27. French law governs these terms and conditions.

Mountain Express SARL Terms & Conditions of Service