Terms and Conditions
1. THE
(a) Your holiday
contract is made between
(b) The person who
signs the booking form (or completes it on-line) 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
(d) No contract
comes into effect until that offer is accepted by
(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
(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
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
(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
(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.
3. INSURANCE
(a) 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,
climbing, mountain biking and other activities and sports.
(c)
(d) Your contract
of insurance is with the insurer not with
(e) Because of the
active nature of
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
41-14 days: £50
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
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
(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
(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.
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.
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
(c) 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.
(d) 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.
(e)
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)
(d) A contract for
additional activities (other than where
(e) In the event
that
10.
COMPLAINTS
(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.
(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,
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 and 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
(h) to provide us with your detailed and accurate contact
information so that we can keep you informed about your holiday plans;
(i) to make your room allocation requests or preferences clear
to reduce the risk of errors;
(j) to provide clear and detailed information to us if any child
undertaking any of our holiday activities suffers form any allergy , illness or
disability;
(k) 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;
(l) 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.
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.