1. THE HOLIDAY CONTRACT
(a) Your holiday contract is made between Alpine Elements Ltd. (company number 4782131) of York Court, Alt Grove, London SW19 4DZ (“Alpine Elements” or “We/Us”) and all persons named on the booking form (“You”).
(b) The person who signs the booking form (or completes it online) does so as agent for all persons named on it and by signing, the signatory warrants that he has authority to sign on behalf of all persons named on the booking form and acknowledges that these terms and conditions apply to all such persons.
(c) When the signed booking form is sent to Alpine Elements whether directly or by a travel agent on your behalf this constitutes an offer to purchase the facilities and services specified on the booking form.
(d) No contract comes into effect until that offer is accepted by Alpine Elements which is only when the Confirmation Invoice is received by you. No Confirmation Invoice will be sent to you unless all necessary deposits have been paid and Alpine Elements is satisfied that all relevant persons are covered by appropriate activity insurance. You should note that it is agreed that no contract comes into effect until the Confirmation Invoice is received and in particular there is no contract following a telephone “booking”.
(e) The holiday contract is for the provision of the facilities and services itemized on the Confirmation Invoice, save where a facility or service is marked as a “Special Request/SR” in which case performance of that facility or service cannot be guaranteed although we will do our best to supply it.
(f) It is your responsibility to check that the details set out on the confirmation invoice are correct and to notify Alpine Elements as soon as is practicable in the event that the details are incorrect.
(g) This holiday contract does not include any facilities, services, activities or excursions that you book and pay for after receipt of the confirmation invoice (“additional activities”). These additional activities are provided by separate contracts but care should be taken to note at the time additional activities are booked who it is that is agreeing to provide you with such additional activities, This will not always be Alpine Elements.
2. PRICES AND DEPOSITS
(a) Prices we advertise are accurate at the date published, but we reserve the right to change prices from time to time. Prices can go up or down. We will be able to tell you or your travel agent the up-to-date price of your chosen travel arrangements and of any other services advertised by us before confirming your booking.
(b) We reserve the right to increase the price of your holiday after you have booked but no later than 30 days before the departure date. We will forward an amendment invoice reflecting any changes made.
(c) After a Confirmation Invoice has been sent to you, any increase to your holiday price will only be as the result of changes in our costs of supplying your holiday resulting from transportation charges, (fuel, airport charges, scheduled air fares and other transport charges which form part of our contract with the transport provider), currency fluctuations or government action. If the increase would be 2% or less of the holiday price shown on your Confirmation Invoice (excluding insurance premiums and any amendment charges), we will absorb the changes in our costs described above and will only pass on any increase above that level. If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of your holiday price (calculated as above), but we will refund in full amounts exceeding such 2%, after deducting an administration charge.
(d) Please note as set out in paragraph 1 above that no contract comes into effect until the Confirmation Invoice is received by you. This will not happen if you do not pay any required deposit. For weekly customers we require a deposit of £150 per person plus an insurance premium (if insurance is purchased through Alpine Elements). Bookings for extended holidays may have higher deposits the details of which will be notified at the time of booking.
(e) Unless the payment information on your Confirmation Invoice makes specific alternative provision (in which case it is that information which applies) payment of any balance due for cost of the holiday must be made at least 10 weeks before the holiday departure date. If the booking is made 10 or fewer weeks before the departure date then the holiday must be paid for in full at the time of booking. Customers paying deposits by credit or debit card will have any balance of the holiday price automatically debited at the appropriate time but Alpine Elements will give you 24 hours notice by email to remind you of this. Please note payment made online by credit or debit card incurs up to 2.5 % additional charge and an additional 1% if not paid paid online, we accept a maximum of 3 cards per party of 10 persons.
(f) Any failure to pay a required deposit or balance as required by these terms and conditions or as specified on your Confirmation Invoice will be treated as an automatic cancellation by you (on behalf of all persons named on the booking form) of the holiday contract.
(g) In the event of an automatic cancellation within (f) above any deposit paid is not refundable and you may be liable to pay some or all of the balance due on the price of the holiday.
(h) The person who signs the booking form is responsible for ensuring that the whole holiday price (including any deposits) is paid when required.
(a) It is a condition of your holiday contract that you have adequate insurance cover, and it is your responsibility to ensure that you and all the persons named on the booking form have adequate and specialist insurance to cover all the activities to be undertaken on the holiday whether as part of this contract or otherwise including insurance for injury, loss and damage you may cause as a result of your holiday activities.
(b) Please remember that ordinary travel insurance does not usually cover vigorous or potentially dangerous activities including (but not limited to) skiing, snow-boarding, mountain biking, sailing, windsurfing, cycling, watersports and other activities and sports.
(c) Alpine Elements is not an insurance specialist, consultant or broker and although we can help you to arrange insurance cover that has been recommended to us as being suitable for activities included in an Alpine Elements holiday it remains your responsibility to ensure that you have the appropriate cover and all the necessary policy documents.
(d) Where you have or intend to hire, borrow or use equipment during your holiday, it is a condition of this contract that you carry adequate insurance cover in the event that your use of equipment causes damage to the equipment, other persons or their property. Please see clause 11 for further details.
(e) Your contract of insurance is with the insurer not with Alpine Elements.
(f) Because of the active nature of Alpine Elements holidays we reserve the right to refuse any customer access to any activity in respect of which we are not satisfied there is proper insurance cover.
4. CHANGES /CANCELLATIONS BY US
(a) Our holidays are planned far in advance therefore it is sometimes necessary or prudent for us to make changes either before or after the holiday contract is made and we reserve the right to do so. Occasionally it is necessary or prudent for us to make major changes and even to cancel the holiday.
(b) Unless any changes made are major changes or the holiday is cancelled you agree that you are not entitled to compensation.
(c) A major change is one made before departure that involves downgrading your accommodation for a significant proportion the holiday; the withdrawal of a significant proportion of the facilities or services included as part of your holiday or a significant change of departure airport or flight times in excess of 24 hours.
(d) Where a cancellation or major change is notified to you, you have the right to withdraw from the contract and receive a refund of all sums paid by you in respect of the holiday, or alternatively you may take any substitute holiday we are able to offer you of at least equivalent standard. If a holiday of equivalent standard cannot be offered to you, you are entitled to accept a holiday of a lower standard plus the difference in price between the original holiday and that offered as an alternative.
(e) In addition where the holiday is subject to major changes by us or is cancelled you will be entitled to the following compensation which you agree reflects a reasonable assessment of the inconvenience and any expenses the major change or cancellation will cause you.
Change /Cancellation Period Compensation pp
More than 70 days pre-departure £Nil
69-42 days £30
Less than 14 days £70
(f) Even where there is a cancellation or major change by us you are not entitled to compensation where this is the result of unusual or unforeseeable circumstances beyond our control the consequences of which could not have been avoided even if all due care had been exercised or where the holiday has been cancelled because the number of persons agreeing to take it is fewer than any advertised minimum number required to take the holiday.
(g) There are no circumstances (including our negligence) in which we are liable for any consequential losses whatsoever such as (but not limited to) losses of holiday entitlement, loss of earnings, or the cost of onward flights or other transport or activity arrangements.
(h) Occasionally we are let down by transport providers (such as but not limited to airlines). When this happens we might have to make urgent alternative flight, airport transfer or other transport arrangements for you. When this happens we reserve the right to charge you (up to £10 per person) for the additional cost of such alternative arrangements.
5. CHANGES OR CANCELLATION BY YOU
(a) Subject to the special rules for extras in clause (g) below, if you cancel your holiday the following sums remain due to us. This is because we will have made arrangements for you and incurred expenses as a result. Whilst we may be able to se-sell your holiday you recognize that we would have been able to sell any subsequent purchaser a holiday irrespective of your cancellation in addition to your holiday.
Cancellation Period Balance due to us
More than 120 days pre-departure Loss of deposits
119 – 70 days 30% of holiday cost or the loss of the deposit, whichever is the greater sum
69 – 42 days 50% of holiday cost or the loss of deposit, whichever is the greater sum.
41 – 14 days 80% of holiday cost
Less than 14 days The full holiday cost (including extras)
(b) Any cancellation must be notified to us in writing at the address stated in clause 1 above and the date of cancellation will be deemed to be 2 days after the date of the post mark on your letter of cancellation. Telephone cancellations are not accepted.
(c) You may request that changes be made to your holiday at any time. We will try our best to accommodate such requests but cannot guarantee that we will be able to do so. Requests for changes should be made in writing by the person who signed the booking form.
(d) If we are not able to accommodate a request for changes the holiday contract remains in place unless and until cancelled by you.
(e) If we are able to accommodate the requested changes we will notify you by sending you an amended Confirmation Invoice and the holiday will be priced as of the date of the amended Confirmation Invoice which will be substituted for that referred to in clause 1 above. However, cancellation charges are to be calculated from the date of the original Confirmation Invoice.
(f) The changing of names or other details on booking forms and contracts causes inconvenience and often gives rise to additional charges being incurred by us (e.g. in the changing of ticketing and accommodation details). In the event that a change is requested by you and we are able to accommodate that change it is agreed that an administrative charge of £30 per change is reasonable.
(g) Special rules apply to the cancellation of extras such as pre-paid equipment hire, ski lessons & lift passes. Any cancellation of extras within 14 days of departure is subject to a 100% charge . Cancellation between 14 & 28 days pre-departure is subject to a 30% charge. Refunds are not available in respect of extras that are booked but not used.
6. OUR LIABILITY
(a) Subject to clause 9 below we accept liability (including liability for injury, illness and death) only for the proper performance of your holiday contract.
(b) Proper performance of your holiday contract means that the facilities and services itemized on your confirmation invoice are provided with reasonable skill and care.
(c) The standard of reasonable skill and care is the standard applicable in the place where the holiday takes place and where you are not able to show that the standard of facilities or services falls below the level required by local regulations, custom and practice you accept that there has been no failure to comply with that local standard.
(d) Standards of accommodation, facilities and safety in general are invariably different and often lower abroad than they are in the UK. It is the standard prevailing at the place where the holiday takes place that is the measure of reasonable care for an Alpine Elements holiday.
(e) We are responsible for making sure that each part of the holiday you book with us which is itemised in the confirmation invoice is provided to a reasonable standard and as was advertised by us (or as changed and accepted by you). If any part of the holiday itemised in the confirmation invoice is not provided as described and this spoils your holiday, we will pay you appropriate compensation (subject to paragraphs 6(f), 6(g) and 6(h) of the terms and conditions).
(f) We have no liability in respect of anything that happens (including injury, illness or death unless in these instances the cause is the direct negligence of Alpine Elements or its employees) outside the scope of this holiday contract and in particular there is no liability under this contract for accidents or complaints arising out of the performance of excursions or activities that do not form part of the pre-arranged holiday you book in the UK before your departure. We are not liable for the standards of public services provided by or for municipal, state or other government authorities in the place where the holiday takes place.
(g) Even where liability might otherwise arise it is accepted that there is none where the cause of the injury, illness, death or other loss and/or damage is the result of any customer’s own fault; the fault of some person unconnected with the provision of the facilities and services within the scope of this contract or arises due to unusual and unforeseeable circumstances beyond our control the consequences of which could not have been avoided even if reasonable care had been exercised or an event which we or our suppliers or subcontractors could not have foreseen or forestalled even with the exercise of reasonable care.
(h) Unless caused by our direct negligence we do not accept liability for any loss or damage to any sports or other equipment of any kind including (but not limited to) skis, snowboards and bicycles. Care of all equipment (including anti-theft and anti-vandalism precautions) is your responsibility.
(i) Equipment to hire, use or borrow is subject always to availability. Equipment can become unavailable at short notice due to breakages, maintenance requirements and fluctuation in demand. It is not possible for us to guarantee the availability of specific equipment for hire in advance of your arrival in resort.
7. LIMITATION OF LIABILITY
(a) Except where personal injury or death results, the maximum limit of our liability for failing to properly perform your holiday contract (including negligent and deliberate failures on the part of ourselves, our servants, agents, suppliers and subcontractors) is twice the total base holiday cost as set out on the confirmation invoice (i.e. the cost excluding any ski-passes, insurance and other extras).
(b) In the event that any claim arises to which an international transport convention applies (such as but not limited to the Montreal Convention in respect of travel by air and the Athens Convention in respect of travel by sea) the amount of compensation payable by us is limited in all circumstances to the limits permitted to the relevant carriers under such transport conventions.
(c) When you travel by air or by sea, your journey may be subject to international transport conventions such as (but not limited to) those mentioned above. You agree that the transport company's own 'Conditions of Carriage' will apply to you on any relevant journey. When arranging this transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of these terms and conditions form part of your contract with us as well as with the transport company. You can ask us or the travel agent booking your holiday to provide you with a copy of any of the conditions applicable to your journey. We will tell you the identity of your air carrier when you book with us and if it is not known at that time or subsequently changes we will inform you as soon as possible and no later than at check-in for your flight (or boarding if it is a connecting flight without check-in).
(d) As tour operators we are not responsible for compensation payments under the Denied Boarding Compensation Regulations.
(e) Flight timings are set by airlines and are also subject to local air traffic control and government restrictions. Flights and all other transport arrangements are subject to weather conditions, maintenance of the means of transport, local security arrangements and other factors including the ability of passengers to check-in on time. All times are therefore estimates and we and our suppliers do not guarantee that any transport will depart or arrive as scheduled. We do not have any liability to you for any delay which may arise as a result of schedule alterations.
(f) In certain circumstances you may have the right to receive subsistence, accommodation costs or compensation from the airline in the event that your flight is delayed or cancelled or you are denied boarding. As tour operators we are not responsible to you for any of these payments. Details of your rights are publicised at airports within the EU and are also available directly from the airlines affected.
8. BEHAVIOUR - DAMAGE
You agree on your own behalf and on behalf of all persons named on the booking form that:
(a) Every such person will at all times and for all purposes relevant to your holiday arrangements act with reasonable care and refrain from all forms of anti-social behaviour.
(b) You will indemnify and keep indemnified Alpine Elements against all claims, liabilities, loss, damage, expense, interest and costs whether direct or indirect that Alpine Elements may suffer or incur as a result of entering into his holiday contract with you or as a result of you occupying the holiday accommodation, including (but not limited to) any damage to the accommodation, its fixtures & fittings & contents.
(c) You are responsible for the behaviour of all children under the age of 18 named on your booking form. In the event that we, or any of our suppliers believes that a child in your party is acting in a manner which could upset, annoy, disturb or put at risk any other passenger, customer, supplier or member of staff, we may, in our complete discretion terminate your holiday in accordance with clause 8(d), alternatively, impose terms or limits on members of your party from participating in activities or use of facilities, whether provided by us, our suppliers or third parties.
(d) In the event of us having reasonable cause to believe that there has been any anti-social behaviour on the part of any person named on the confirmation invoice we have the unfettered right to terminate all further performance of this contract, including your right to remain in any accommodation and to return flights and we shall have no liability whatsoever to pay compensation or make any refunds or make alternative accommodation or transport arrangements.
(e) You agree that any accommodation provided pursuant to this contract is only for the use and enjoyment of the persons named on the confirmation invoice. You may not allow any other person to stay there.
(f) Alpine Elements and the owners and managers of the accommodation in which you stay have the right to enter any holiday accommodation at such times and for such purposes (including but not limited to inspection, cleaning & repairs) as may be reasonable in the circumstances
9. AGENCY AND NON-PACKAGE ARRANGEMENTS
(a) If you book arrangements, excursions or activities that are not itemized in your Confirmation Invoice those arrangements, excursions and activities (“additional activities”) do not form part of this contract.
(b) Any contract you make for additional activities is a separate contract made between you and the other party to that contract (the additional activities contract).
(c) Alpine Elements as agent may be able to help you make arrangements for additional activities either before or after your departure or you may discover information about them whilst staying in accommodation or enjoying services or facilities forming part of this contract. However, in these circumstances Alpine Elements is not (unless the contrary expressly appears from the contract for the provision of additional activities) the other party to the additional activities contract and is not liable for any services or facilities provided pursuant to the additional activities contract neither does Alpine Elements accept any responsibility for the contents of any information given about such additional activities or the quality or sufficiency of any services or facilities delivered or offered as part of an additional activities contract.
(d) A contract for additional activities (other than where Alpine Elements is the other party thereto) will be governed by the law of the place where the contract is made and be subject to the jurisdiction of the courts of the place where the additional activities are undertaken.
(e) In the event that Alpine Elements is the other party to the additional activities contract these terms and conditions shall apply to the additional activities in the same way as they apply to the contract for the provision of the facilities and services itemized in the confirmation invoice.
(a) In the unlikely event that you have a complaint about the facilities and services forming part of this contract you must tell us soon as possible whilst you are still on holiday & complete a customer service form so that we may assess your complaint and take such action to address it as is justifiable in all the circumstances. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
(b) In addition you must put any complaint in writing as soon as you return home and in any event so that it reaches us within 28 days of your return so that we might be in a position to make reasonable enquiries about it.
(c) Because it is difficult for us to investigate complaints after the passage of time you agree that in all cases (except only those involving personal injury or death) where a complaint is not received in writing at the address in clause 1 within 28 days beginning on the day of your return to the UK, Alpine Elements shall not be liable to pay any compensation in respect of such complaint.
(d) As a Member of ABTA (membership number Y3374), we are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme does not apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
11. TAKE CONTROL
It is your responsibility not ours:
(a) to check that tickets, vouchers and travelers match and that every person on the booking form has appropriate travel documentation (including valid passports & visas), photo-identification and insurance so that each person on the booking form is entitled to enter the country where the holiday is to take place;
(b) to check that the details on the Confirmation Invoice (including any extras such as ski lift passes & ski lessons) reflect what you wanted to book;
(c) to ensure that everyone is at the right airport in time to check-in and that transfer transport used from airport to accommodation and back will arrive in sufficient time;
(d) to look after your own baggage & equipment & ensure that you are carrying no more than the permitted allowance;
(e) to take care of the accommodation in which you stay and any equipment you hire or borrow during your holiday and in particular to take reasonable care to avoid being the cause of any accident during the course of your holiday activities;
(f) to ensure that any equipment you use whether hired, borrowed or your own (irrespective of whether it is supplied as part of this contract) is suitable and sufficient for your purposes. In hiring, lending or allowing you to use equipment we and our suppliers do not take any responsibility to assess your experience, ability or suitability to use the equipment or to advise you whether the equipment is suitable or appropriate for you or your needs. It is also your responsibility to ensure that equipment is in good condition & working order and to report any concerns you have about any malfunction or fault immediately to the supplier;
(g) you are responsible for any damage to or theft or loss of any equipment hired or borrowed during your holiday as well as damage you cause to other persons or their property or equipment and you will indemnify Alpine Elements against all claims, liabilities, loss, damage, expense, interest and costs whether direct or indirect that Alpine Elements may suffer or incur as a result of you or any person on the booking form causing injury, loss or damage to other persons or property.
(h) It is a condition of hiring, borrowing or use of any equipment during your holiday that you carry adequate insurance cover against the risk that as a result of your use of equipment you cause damage either to the equipment or to other persons and/or their property. Please see Clause 3 for further details regarding insurance.
(i) to provide us with your detailed and accurate contact information so that we can keep you informed about your holiday plans;
(j) to make your room allocation requests or preferences clear to reduce the risk of errors;
(k) to provide clear and detailed information to us if any child undertaking any of our holiday activities suffers form any allergy , illness or disability;
(l) to recognize that many holiday activities are vigorous & adventurous and/or involve some incidental risk of injury & it is your responsibility to ensure that you have the required level of fitness and skill to participate in such activities. In particular if you are traveling with children they remain your responsibility and you should exercise care in deciding whether your children are capable or undertaking the activities that are selected for or by them. Our local staff and suppliers are not teachers or child minders and are not to be considered in loco parentis;
(m) to inform any guide, supervisor , representative or instructor immediately in the event that you consider any activity to be unsafe or inappropriate for yourself or any other person participating.
(n) to behave responsibly when participating in sailing and other watersports activities. Whilst support boats are often available for teaching, training and general assistance for participants in watersports and sailing, they are not a rescue or emergency service and are not always crewed by qualified instructors or rescuers. We and our suppliers are not responsible to provide emergency or rescue services to you whilst participating in sailing or watersports.
(o) to provide our suppliers with accurate information regarding your sailing qualifications and experience during your initial assessment and to raise any concerns or questions you may have regarding the usage of the yacht at your training sessions.
12. LAW AND JURISDICTION
(a) This contract is governed by the law of England and Wales.
(b) The Courts of England and Wales shall have exclusive jurisdiction in respect of all claims and disputes or whatever nature arising out of the provision of the contract facilities and services and the interpretation of this contract.
(c) Clause (b) above shall not apply in the case of customers who are domiciled in Scotland and Northern Ireland who may elect to bring proceedings in the courts of the country of their own domicile.
13. YOUR FINANCIAL PROTECTION
We provide full protection for our package holidays.
(a) For flight-based holidays, this is through our Air Travel Organiser’s Licence number 6435. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
(b) When you buy a package holiday that does not include a flight, protection is provided by way of a bond held by ABTA (number Y3374). For further information, please see www.abta.com.
Alpine Elements Ltd. includes the brand names Alpine Elements and Ocean Elements.