This sets out the terms and conditions of sale and operations of massage services by Three Valley Massage, either sold online via www.threevalleymassage.com, by telephone or by email (“these Terms and Conditions”). By making a Booking with Three Valley Massage, the Customer agrees to and acknowledges these Terms and Conditions on behalf of themselves and on behalf of each other Customer included in the Booking (each such term as defined below).
“Booking” means the request made by a Customer, whether made online via www.threevalleymassage.com, by telephone or by email, for a Treatment.
“Booking Confirmation” means the email confirmation sent by Three Valley Massage to the Customer confirming the Booking, once the relevant Booking has been agreed.
“Customer” means the Person that makes the Booking for themselves and/or for and on behalf of one or more other Persons or any Person that receives a Treatment from Three Valley Massage pursuant to a Booking.
“Declaration and Disclaimer Form” means the declaration and disclaimer form required to be completed and signed by each Customer prior to any Treatment being carried out by Three Valley Massage.
“Euro”, “EUR” or “€” means the single lawful currency unit of the member states of the European Communities from time to time.
“Geographical Area” means the resorts of Courchevel (1850), Courchevel Moriond (1650), Courchevel Village (1550), Le Praz, La Tania, Bozel, Le Plantin, Mottaret, Meribel, Meribel Musillon, Meribel Village, Le Raffort, Le Gittaz, Nantgerel, Le Chandon, Le Cruet, Les Allues and Brides Les Bains in the ski area of Les Trois Vallées in France.
“Person” means any individual, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality), as the context so requires.
“Treatment” is an appointment (or appointments if a package course of Treatments is booked) of specified duration booked with the aim of receiving the services of Three Valley Massage within the Geographical Area, however, any such services do not include nor do they refer to professional medical treatments, therapies or therapists.
For the avoidance of doubt, all references to “massage”, “masseuse”, “Treatment”, “treatment”, “therapy” or “therapist” do not refer to any form of professional medical treatments, therapies or therapists or to any medical procedure or to a medically qualified person, whether included and/or used in these Terms and Conditions or whether included and/or used on www.threevalleymassage.com or in any other communication produced or used by Three Valley Massage.
Unless a contrary indication appears, a reference to:
a provision of law is a reference to that provision as amended or re-enacted;
a time of day is a reference to Paris time; and
a working day is any day which is not a Saturday, a Sunday, a bank holiday or a public holiday in Paris.
2.1 Subject to clause 2.2, when a Person has made a Booking which is confirmed by Three Valley Massage, they will become a Customer of the Three Valley Massage.
2.2 Acceptance of a person as a Customer is in the absolute discretion of Three Valley Massage.
2.3 Three Valley Massage reserves the right to refuse providing a service or selling a product, to suspend for a specific period or to refuse the custom of any Customer whose conduct is or may, in the reasonable opinion of Three Valley Massage, be injurious to the character of Three Valley Massage or which amounts to a breach of these Terms and Conditions or where such expulsion is otherwise in the interests of the other Customers of Three Valley Massage.
2.4 Where a Booking is made for and on behalf of two or more Persons or where the Customer making the Booking is making a Booking for and on behalf of other Persons (rather than themselves), the Customer making the Booking shall be deemed to do so on the basis that such Customer acts as an agent for both or all Persons within the Party and acknowledges and accepts these Terms and Conditions for and on behalf of each member of the Party. For the avoidance of doubt, the Customer is deemed to acknowledge and accept these Terms and Conditions when accepting a quote for a Booking and/or when confirming a Booking, in each case for themselves and for all other Persons within the Party.
3. Bookings and Payments
3.1 Unless otherwise agreed with Three Valley Massage, all Treatments shall be carried out between the hours of 07:00 and 21:30.
3.2 Prices for Treatments are available either online at www.threevalleymassage.com or directly from Three Valley Massage and will be such prices as determined by Three Valley Massage from time to time.
3.3 A Customer may only book a Treatment by calling, emailing or texting Three Valley Massage. A Customer must book any Treatment in advance with at least 24 hours’ notice of the requested Treatment time (unless otherwise agreed by Three Valley Massage) either online, by email or by phone.
3.4 Once a Booking is agreed with Three Valley Massage, as soon as reasonably practicable after agreeing to a Booking (and in any event within 24 hours of agreeing to a Booking), Three Valley Massage shall send a Booking Confirmation to the Customer confirming the details of the Treatment, unless otherwise agreed between Three Valley Massage and the Customer.
3.5 Prior to receiving any Treatment from Three Valley Massage, each Customer must complete and sign the Declaration and Disclaimer Form. In the event that a Customer fails to or refuses to complete the Declaration and Disclaimer Form, Three Valley Massage shall be entitled to refuse to provide a Treatment to the Customer and the Customer shall be liable to pay the full amount of the Treatment unless otherwise agreed with Three Valley Massage.
3.6 Payments for Treatments in any amount are non-refundable unless otherwise stated in these Terms and Conditions. Payment is expected at the end of the Treatment unless otherwise agreed with Three Valley Massage.
3.7 Unless otherwise agreed by Three Valley Massage, all payments shall be made in Euros either in cash or by cheque from a French bank account, Bank Transfer. To the extent agreed by Three Valley Massage, payments by credit or debit card may also be made through a designated payment gateway such as iZettle (Mastercard, VISA, American Express, Union Bank, DISCOVER, Diners Club International, JCB).
3.8 It is the responsibility of the Customer to ensure that all information (including the contact email and mobile telephone number details and the address details of the location at which the Treatment will be carried out) provided to Three Valley Massage or contained in the Booking Confirmation or any emails regarding the Booking is correct. Three Valley Massage accepts no responsibility whatsoever for misinformation given by a Customer (whether regarding the Persons mentioned in the Booking and address details) and any failure in services resulting from Three Valley Massage having incorrect information shall be deemed to be the fault of the Customer. To the extent that the Customer fails to provide or provides incorrect details, Three Valley Massage reserves the right to re-schedule a Booking and charge the Customer for the costs in doing so.
3.9 Treatments are booked on a first-come first-served basis.
3.10 In the event that any Customer is not at the specified location for the Treatment booked at the specified time agreed with Three Valley Massage or requests the allocated masseuse to wait for any period of time after the specified time agreed for whatever reason, the allocated masseuse shall only be obliged to wait for a maximum of 30 minutes after which the allocated masseuse shall be entitled to depart and for the period of time during which the allocated masseuse is waiting for the Customer, Three Valley Massage shall be entitled to charge a waiting time fee of €1 per minute (or part thereof).
3.11 A Customer may also book a package course of Treatments whereby a Customer shall receive a 10% discount on the price of the Treatment booked as the fourth Treatment and each Treatment booked thereafter, provided that all Treatments are booked and paid for in full at the same time and a minimum of four Treatments of at least one hour in duration are booked. For the avoidance of doubt, the Customer does not need to be the same Person for each Treatment and a group of Persons may book the package course of Treatments provided that all Treatments are booked and paid for in full at the same time and the minimum booking requirements are satisfied. Each such Treatment booked under a package course of Treatments is subject to these Terms and Conditions.
4. Cancellations and Rescheduling
4.1 Any requests to reschedule or cancel a Treatment must be agreed in writing by Three Valley Massage and must be made with at least 24 hours’ notice of the booked time, and for any such requests to reschedule, Three Valley Massage shall use its reasonable endeavours to accommodate any such request, provided that Three Valley Massage shall not be obliged to accommodate any such request and further Three Valley Massage reserves the right to charge an amendment fee in order to accommodate any relevant administrative costs, charges or expenses incurred in connection with the relevant request.
4.2 For any cancellation or request to reschedule received without the requisite 24 hours’ written notice mention in clause 4.1 above, Customers will be required to make a full payment for cancellation or non-attendance for an appointment which shall be equal to the full price of the relevant Booking.
4.3 In the event that Three Valley Massage has agreed to accept a Booking with less than the requisite 24 hours’ notice (as required by clause 3.3 above), any cancellation of any such Booking must be made with at least 5 hours’ notice of the booked time. For the avoidance of doubt, in respect of any such cancellations of a Booking without the requisite 5 hours’ notice, the Customer shall be required to make a full payment equal to the full price of such Booking.
4.4 All cancellations and refunds shall be subject to any deductions required in respect of applicable bank or administrative costs or any other similar charges or costs, equalling not less than €30 or currency equivalent, unless otherwise agreed with Three Valley Massage.
4.5 Three Valley Massage shall use its reasonable endeavours to ensure that all Treatments are carried out at the time at which they are booked, provided that Three Valley Massage shall not incur any liability whatsoever in the event of any delay due to causes beyond its control which include but are not limited to:
(i) accidents causing delays or any action of a third party which causes delays;
(ii) vehicle breakdowns;
(iii) exceptional or severe weather conditions;
(iv) health issues relating to the Customer;
(v) industrial action by third parties;
(vi) problems caused by other Customers;
(vii) vandalism, terrorism and civil unrest;
(viii) any force majeure event (including any act of God or natural disaster).
4.6 Subject to clause 4.5 above, in the event that Three Valley Massage fails to deliver a Treatment specified in the Booking Confirmation as a result of circumstances within its reasonable control, Three Valley Massage shall offer a full refund or a suitable alternative for that Treatment which Three Valley Massage has failed to complete, provided that any refund or compensation offered shall not exceed the original costs for that Treatment which Three Valley Massage has failed to complete (as indicated in the Booking Confirmation).
5. Fitness and Health and Use of Services
5.1 Customers are required to complete a Declaration and Disclaimer Form and fully inform Three Valley Massage of any questions contained therein and voluntarily update this information at each subsequent visit, whether prompted to do so or not.
5.2 Customers must notify Three Valley Massage of any circumstances affecting their health which for which Treatment may be counter-indicated or for which the Customer has not sought their doctor’s prior written consent.
5.3 Three Valley Massage reserves the right to refuse treatment to any Customer if, in its absolute discretion, it considers that the health of the individual concerned may be endangered by the provision of the Treatment.
5.4 Three Valley Massage reserves the right to refuse treatment to any Customer if, in its absolute discretion, it considers that the Customer is in any way inebriated or intoxicated or demonstrates inappropriate behavior to the person carrying out the Treatment.
5.5 Children under the age of 16 may only receive a Treatment if accompanied by an adult throughout the Treatment and such adult must give permission for the Treatment to be performed and must co-sign the Declaration and Disclaimer Form.
5.6 Customers are requested to wear a form of underwear that is appropriate to receiving treatment.
6.1 For the avoidance of doubt, the Customer acknowledges and agrees that all references to “massage”, “masseuse”, “Treatment”, “treatment”, “therapy” or “therapist” do not refer to any form of professional medical treatments, therapies or therapists or to any medical procedure or to a medically qualified person, whether included and/or used in these Terms and Conditions or whether included and/or used on www.threevalleymassage.com or in any other communication produced or used by Three Valley Massage.
6.2 Three Valley Massage reserves the right to subcontract / out-source Bookings to other reputable Persons approved by Three Valley Massage to carry out a Treatment, in such case please be aware that there may be variations in the operating terms and conditions of that Person to the provisions of Person and in such circumstances such Person's own terms and conditions shall apply and any liability of Three Valley Massage shall be limited to Treatments provided by Three Valley Massage only.
6.3 Three Valley Massage shall only be liable for any reasonable and foreseeable consequential losses arising directly out of a breach in contract subject to a maximum amount of the cost of the Treatment that is the subject of the Booking, provided that nothing in these Terms and Conditions shall affect any Person’s statutory rights.
6.4 Three Valley Massage reserves the right to vary and revoke these Terms and Conditions from time to time which variation it may consider necessary or desirable for the regulation of the affairs of Three Valley Massage. If, at any time, any provision of these Terms and Conditions is or become illegal, invalid or unenforceable in any respect under any law of any jurisdiction, neither the legality, validity or enforceability of the remaining provisions nor the legality, validity or enforceability of such provision under the law of any other jurisdiction shall in any way be affected or impaired.
6.5 A person who is not a party to the Booking has no rights under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Booking.
6.6 These Terms and Conditions and any non-contractual obligations arising out of or in connection with them are governed by English law.
6.7 Any dispute arising out of or in connection with these Terms and Conditions (including a dispute relating to the existence or validity of these Terms and Conditions or any non-contractual obligation arising out of or in connection with these Terms and Conditions) (a “Dispute”), if not resolved by mutual agreement, shall be referred to a mediator.
6.8 If mediation is unsuccessful, then the courts of England have exclusive jurisdiction to settle any Dispute.