The following booking conditions, along with your confirmation invoice, together with the general information contained on our website form the basis of your contract with iGOSKI Limited which includes the trading names Alpine Elements and Ocean Elements (company number 06665654) of 7 bell Yard, London, WC2A 2JR (“iGOSKI” or “we” ”us” or “our”.) Please read them carefully as they set out our respective rights and obligations. In these booking conditions references to "you" and "your" means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires. “Holiday”, “booking” and “arrangements” means such holiday arrangements as we make for you. References to “departure” are to the start date of the arrangements we have contracted to provide.
Please note: We act as a principal in the sale of single-component bookings (i.e. water sports, active packs, transfers or catered or self-catered accommodation only bookings). The single component holiday arrangements we offer and make for you do not constitute a “package” and accordingly, the Package Travel and Linked Travel Arrangements Regulations 2018 do not apply to them. We can also offer assistance in booking additional services, such as lift passes and equipment hire. Where we do this we are acting as agent for the suppliers of these services and your contract for those arrangements will be with them and their booking conditions will apply.
1. MAKING YOUR BOOKING
(a) The first named person on the booking ("party leader") must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all members who are under 18 when the booking is made. By making a booking the party leader confirms that he/she is so authorised and that all party members agree to be bound by these booking conditions. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made.
(b) Subject to the availability of your chosen arrangements, we will confirm your booking by issuing a confirmation invoice.
(c) The confirmation invoice will be sent to the party leader. Please check this carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation, acknowledgement or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within 24 hours of you receiving it. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
(d) Where you make an accommodation booking during the winter season we will contact you up to 48-hours later to see if you need any assistance booking additional services such as lift passes and equipment hire. For any additional services you book through us your contract will be with the supplier of those services and not with us irrespective of whether the details of those services appear on your accommodation invoice.
(e) If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to firstname.lastname@example.org
(f) If you have a medical condition or a member of your party is a person of reduced mobility, please let us know before making a booking so we can ensure that the booking is suitable for you. See clause 6.
2. PRICES, PAYMENTS AND DEPOSITS
(a) In order to confirm your chosen arrangements, you will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you, this date will be shown on the confirmation invoice. Reminders are not sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time we are entitled to assume that you wish to cancel your booking in which case the cancellation charges set out in clause 7 will become payable.
(b) We reserve the right to increase or decrease the prices of unsold arrangements at any time. We also reserve the right to increase or decrease and correct errors in advertised prices at any time before your arrangements are confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. The prices for the arrangements we make were calculated on the basis of the exchange rates of £1 to €1.15. Where 8 weeks before your departure the exchange rates are such that the cost of your arrangements has increased we will charge a surcharge in accordance with clause 2(c) – 2 (e).
(c) Once the price of your chosen arrangements have been confirmed at the time of booking, we will only increase or decrease the price in the following circumstances. Price increases after booking will be passed on by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this clause, if our costs increase as a direct consequence of a change in (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources or (ii) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of your chosen arrangements including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or (iii) the exchange rates relevant to the arrangements.
(d) You will also be entitled to a price reduction where there is a decrease in our costs as a result of a decrease in the costs referred to in this paragraph which occurs between confirmation of your booking and the start of your holiday.
(e) You will be charged for any increase in our costs. If any surcharge is greater than 10% of the total cost, clause 16 will apply on the basis the surcharge is a significant change. You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not less than 20 days before departure. Where a reduction is applicable, we are entitled to deduct our administrative expenses from the refund. Any surcharge must be paid with the balance of the cost or within 14 days of the issue date printed on the invoice, whichever is the later.
(f) Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your arrangements due to contractual and other protection in place.
3. YOUR CONTRACT
(a) A binding contract between us comes into existence when we issue our confirmation invoice to the party leader. No confirmation invoice will be sent to you unless all necessary deposits have been paid.
(b) We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below.
(c) We both also agree that any claim (and whether or not involving any personal injury) must be dealt with by the courts of England and Wales only unless, in the case of court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
(d) Where you book additional services a binding contract with the supplier of those services comes into existence when an invoice is issued to the party leader. Your contract(s) with the supplier of those services will be subject to the law referred to in their booking conditions. Any dispute, claim or other matter which arises between you and any supplier must also be dealt with in accordance with those booking conditions.
The information contained on our website or in any promotional materials is believed to be correct to the best of our knowledge at the time of publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check.
(a) It is a condition of our acceptance of your booking that you obtain adequate and specialist insurance cover for all persons named on the booking to cover all the activities to be undertaken on the holiday whether as part of this contract or otherwise. This insurance must include cover for (i) cancellation or curtailment of your holiday as a result of circumstances outside your control (including accident or illness and inability to travel for other reasons), (ii) personal accident, (iii) personal liability, (iv) medical expenses and repatriation in the event of medical need. Please note, it is your sole responsibility to ensure that the travel insurance purchased is suitable for your particular needs, including without limitation, in respect of any pre-existing medical condition (which must be disclosed to the insurer prior to purchasing the policy.)
(b) Please be aware that any advice against non-essential international travel (including as a result of the coronavirus pandemic) issued by the UK Foreign, Commonwealth and Development Office (or equivalent authorities outside the UK for citizens of those countries) may have an impact on your travel insurance. You must check the policy terms prior to purchasing your insurance.
(c) Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
6. SPECIAL REQUESTS AND MEDICAL CONDITIONS / DISABILITIES / REDUCED MOBILITY / ALLERGIES / SPECIAL DIETARY REQUIREMENTS
(a) If you have any special request, you should advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) if it is important to you. Any special request which we have accepted will be specifically confirmed as accepted on your confirmation invoice.
(b) Our arrangements may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
(c) Should you suffer from any medical condition, disability, significant reduction in mobility or significant allergy which may affect your trip (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability, reduced mobility or significant allergy which may affect your trip develops after your booking has been confirmed.
(d) We will advise our staff and suppliers or any allergy information you provide us with. However, you must take appropriate precautions to protect yourself whilst away. Without limitation, it is your responsibility to ensure that any food you are intending to consume dos not include anything to which you are allergic at the time you order or purchase this.
7. CHANGES OR CANCELLATION BY YOU
(a) If you wish to change any part of your confirmed arrangements, you must inform us in writing as soon as possible. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person together with any costs or charges incurred or imposed by any of our suppliers. We will send you an amended confirmation invoice confirming any agreed changes. We cannot ordinarily make any changes within 84 days of departure and changes (except to names) will usually incur full cancellation charges. A change of dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the cost of your arrangements where, for example, the basis on which the price of the original arrangements were calculated has changed.
(b) Please note that any booking discount you may have received at the time the original booking was made, may be altered or reduced whenever changes are made.
(c) You may transfer your booking or your place on the booking to someone else (introduced by you) without payment of our cancellation charges providing the request for the transfer is made in writing not less than 7 days before departure. The person(s) to whom you wish to make the transfer must also satisfy all conditions which form part of your contract with us. Requests for transfer must be accompanied by the name and other applicable details of the replacement person(s). Where a transfer to a person of your choice can be made, all costs and charges incurred or imposed by any of our suppliers, together with an amendment fee of £50, must be paid before the transfer can be effected.
(d) As certain arrangements cannot be changed after a reservation has been made, name changes, other alterations and cancellation affecting these services are likely to incur a 100% cancellation charge and the applicable cost of rebooking the service. The rebooking will always be subject to availability.
(e) You may cancel your confirmed booking at any time before departure. You may also transfer your booking as referred to above. If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing by post or email. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We recommend that you use recorded delivery. We will ask you to pay cancellation charges on the scale shown below based on your original booking departure date. In calculating these cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable. Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and any amendment charges (which are not refundable in the event of cancellation).
|Time we receive your notice to cancel before departure||Cancellation charge*|
|More than 84 days||Loss of deposit|
|84 to 64 days||30% of total cost|
|63-50 days||50% of total cost|
|49-29 days||70% of total cost|
|28-15 days||90% of total cost|
|Less than 14 days||The full cost of your arrangements (including extras)|
Note 1: *please note that certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above, regardless of when the trip is cancelled.
Note 2: If any member of the booking cancels and you cannot fill that person’s place, you may have to pay additional supplements for your accommodation. For example, you may have to pay single or under-occupancy supplements.
(f) Special rules usually apply to the cancellation of additional services such as prepaid equipment hire, ski lessons and lift passes. Refunds are subject to the booking conditions of the supplier of such services. Refunds are not generally available in respect of extras that are booked but not used, or which are partially used. The table below details typical charges in the event that you wish to change any of these arrangements.
|Time we receive your notice to amend the extra before departure||Charge for change|
|More than 28 days||Free of charge|
|28-8 days||50% of the item cost|
|7 days or fewer||100% cost of the item|
8. BEHAVIOUR AND DAMAGE
(a) We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to any property, we are entitled, without prior notice, to terminate the booking of the person(s) concerned. In this situation, the person(s) concerned will be required to cease all use of the services including leaving any accommodation. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses, costs or loss incurred as a result of the termination.
(b) You and/or your party agree that any accommodation provided as part of your arrangements 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, doing so will be in breach of your contract and will allow us or our suppliers to terminate your accommodation arrangements.
(c) We may require a damage deposit as a precaution against any damage sustained to any property during your stay. The level of damage deposit will be advised when booking. This can be paid in cash or held against your credit card. In the event of any damage, we would only debit an amount equal to the damage or repairs required, with your consultation after a full inspection. Payment of the deposit may be organised on the first day of your holiday, upon your arrival or in some circumstances before arrival on holiday.
(d) You and/or your party will also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses over and above any security deposit (reasonably estimated if not precisely known) must be paid directly to the supplier (or us) prior to departure. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
9. EXCURSIONS AND ADDITIONAL ACTIVITIES
(a) We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We usually have no involvement in any such activities or excursions which are not operated, supervised, controlled or endorsed in any way by us. They are usually provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clause 17(a) of our booking conditions will not apply to them. We do not, however, exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
(b) We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to in our brochure, on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book arrangements with us, we will pass on this information at the time of booking.
10. PASSPORT, VISA AND IMMIGRATION REQUIREMENTS AND HEALTH FORMALITIES
(a) It is your responsibility to meet all applicable entry and other requirements of your destination country (ies) as well as those applicable on your return home. You must ensure that all your travel documents (physical and electronic), including your passport, visas / visa waivers, evidence of covid-19 vaccination and/or negative test, evidence of any other health related requirement and currency are in order, meet all applicable requirements and are valid for travel. All costs incurred in meeting all requirements applicable must be paid by you. If you attempt to travel without fully complying with all requirements, you are likely to be refused boarding on your flight or other transport or entry into your destination country. We cannot accept any liability and cancellation charges will apply (as set out in clause 7) if you are refused entry onto any transport or into any country, or decide not to travel, due to failure (or inability) on your part to obtain and carry all required documentation or to otherwise comply with all applicable requirements (including health/covid-19 related ones).
(b) You must check entry and other official requirements for all countries to or through which you are travelling as well as any requirements applicable on your return to your home country, at the time of booking, and in good time before, and close to departure. Requirements may change and travel restrictions may be imposed (which could be at no or very short notice prior to departure) as a result of the covid-19 situation. You must also keep up to date with this information while you are away.
(c) A UK passport would usually take approximately 3 to 6 weeks to obtain but may take longer. If any member of your party (who is a UK citizen) is 16 or over and hasn't got or previously held a UK passport, even more time needs to be allowed as the UK Passport Service has to confirm your identity before issuing your first passport. If any person on the booking is not a UK citizen or holds a non UK passport, you must check the applicable passport and visa requirements with the embassy or consulate of the country(ies) to or through which you are intending to travel. Please ensure that you check the latest position on applying for or renewing a passport at the earliest opportunity.
(d) Please note, where you are booking well in advance of departure or at a time when requirements are changing, or can be expected to change (for example, as a result of the covid-19 situation), we may not be in a position to provide you with the relevant information at the time of booking. It is your responsibility to ensure you obtain details of and comply with all recommended and required vaccinations, health precautions and other health related measures (including those which are introduced to deal with covid-19) in good time before departure. You must also keep up to date with the latest information in respect of covid-19. Details are available from your GP surgery, local travel clinic and the National Travel Health Network and Centre http://travelhealthpro.org.uk/. Vaccination and other health requirements/recommendations are subject to change at any time for any destination, including at short or no notice. Please therefore check with a doctor or clinic or other reliable source of information not less than 6 weeks prior to departure and also closer to departure to ensure that you are aware of and can meet the necessary requirements and have the latest information.
(e) Existing issued EHIC (European Health Insurance Cards) remain valid until they expire even though the UK has left the EU. When your EHIC expires, or if you have not had an EHIC, you can apply for a GHIC (Global Health Insurance Card) providing you are eligible for one. A GHIC provides the same cover as an EHIC. Certain individuals may also be able to apply for a UK issued EHIC after 31 December 2020. EHIC and GHIC are free to apply for. However, both EHIC and GHIC provide only limited access to healthcare whilst you are outside the UK which also varies from country to country. They also provide no cover in the event that you require medical repatriation to the UK. Neither an EHIC nor a GHIC offer comparable protection to travel insurance and are not a substitute for travel insurance. Accordingly, you must purchase appropriate travel insurance. For more information, visit https://www.nhs.uk/using-the-nhs/healthcare-abroad/apply-for-a-free-uk-global-health-insurance-card-ghic/
(f) Please be aware that there may be enhanced screening/monitoring at exit and entry points both in the UK and overseas. In order to gain entry to your overseas destination(s) and/or return to the UK, you may be required to provide proof of the required number of covid-19 vaccinations (which may include any recommended booster(s)) and/or a negative covid-19 test result prior to being allowed to board your flight or other transport or enter the country. It is your responsibility to ensure that your covid-19 vaccination status and documentation meets the applicable local requirements of your destination country(ies) including, without limitation, in respect of the number of vaccination doses you have received, the time interval between and since the last of these and the means by which this is to be proved. Vaccination requirements vary in different parts of the world including in respect of children. Where required, covid-19 tests must be taken within a short time (which may be within 24 hours) of travel. There are strict requirements in respect of the tests and test providers which can be used and the information which must be provided for these purposes. If you are unable to travel due to a positive covid-19 test pre-departure, we will endeavour to assist in postponing or re-arranging your trip but the usual cancellation or amendment charges will be applicable.
(g) In the event that you have not been vaccinated against covid-19, either at all or in compliance with the applicable requirements, you may be unable to enter your destination country(ies) or to access certain services (which may include, for example, cruises and indoor facilities such as restaurants and museums) and may encounter other difficulties. You will not be entitled to cancel (without payment of cancellation charges) or receive any refund and we will not have any responsibility for any costs or expenses you suffer as a result in any such situation.
(h) In certain situations and when arriving from certain countries, you may be required to self-isolate or quarantine for a set period on arrival. There may also be other entry requirements such as completion of an on-line form pre-departure, proof of travel insurance including covid-19 cover and downloading a local contact tracing app. Your previous travel history outside your home country may also impact on your ability to gain entry to your destination country.
(i) It is the responsibility of the person who makes the booking to ensure that all persons travelling are in possession of all necessary travel and health documents before departure. If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly.
11. FOREIGN OFFICE ADVICE
The UK Foreign Commonwealth and Development Office publishes regularly updated travel information which is relevant to your holiday on its website www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are strongly recommended to consult before booking as well as close to and in good time before departure. Up to date UK border control measures are available at www.gov.uk/uk-border-control.
(a) In the unlikely event that you have reason to complain or may have a basis for making a claim in respect of any aspect of your arrangements, you must tell us soon as possible whilst you are still on holiday and 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) It is difficult for us to investigate complaints after the passage of time and therefore, you agree that in all cases (except only those involving personal injury or death) where a complaint is not received in writing within 28 days as outlined in 12 (b) we shall not be liable to pay any compensation in respect of such complaint.
13. FORCE MAJEURE
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, force majeure. In these booking conditions, force majeure means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, adverse weather conditions, fire, flood, an outbreak of a serious illness at your holiday destination, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity.
14. CONDITIONS OF SUPPLIERS
Many of the services which make up your arrangements are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable international conventions or EU regulations. Copies of any relevant parts of these terms and conditions are available on request from us or the supplier concerned. Copies of the relevant parts of these terms and conditions and of the international conventions / EU regulations are available on request from ourselves or the supplier concerned.
15. TAKE CONTROL
It is your responsibility not ours to:
(a) check that tickets, vouchers and travellers match and that every person on the booking form has appropriate travel documentation (including valid passports and 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) it is your responsibility to ensure compliance with all health related and other entry requirements for your trip and to enable you to access the booked services. This includes (where applicable) being double vaccinated against Covid-19 and having evidence of this in an approved format. Please note that some countries will not allow entry for leisure purposes to unvaccinated tourists and/or will not allow entry into some public spaces without proof of vaccination status;
(c) check that the details on the confirmation invoice (including room types and any extras such as lift pass and lessons) reflect what you wanted to book;
(d) 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;
(e) look after your own baggage and equipment and ensure that you are carrying no more than the permitted allowance;
(f) take care of the accommodation in which you stay and any equipment you hire or borrow during your trip and in particular to take reasonable care to avoid being the cause of any accident during the course of any activities;
(g) ensure that any equipment you use whether hired, borrowed or your own (irrespective of whether it is provided by us or our suppliers) 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 and working order and to report any concerns you have about any malfunction or fault immediately;
(h) be responsible for any damage to or theft or loss of any equipment hired or borrowed during your trip as well as damage you cause to other persons or their property or equipment and you will indemnify us against all claims, liabilities, loss, damage, expense, interest and costs whether direct or indirect that we 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;
(i) 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. You should note that it is a condition of hiring, borrowing or use of any equipment during your trip;
(j) provide us with your detailed and accurate contact information so that we can keep you informed about your arrangements;
(j) make your room allocation requests or preferences clear to reduce the risk of errors;
(k) provide clear and detailed information to us if any person undertaking any activities suffers from any allergy , illness or disability;
(l) recognise that many activities are vigorous and adventurous and/or involve some incidental risk of injury and 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 childminders and are not to be considered in loco parentis;
(m) 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) 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) 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. Please note that it is your responsibility to ensure that you have the correct qualifications and evidence of those qualifications with you on holiday. You will not be able to charter a yacht without these. If you do not have the correct certificates, documentation or experience you may be required to hire a local skipper at your own cost. You should note that skippers are not always available unless booked in advance.
16. BOOKING CHANGES /CANCELLATIONS BY US
(a) We start planning the arrangements we offer many months in advance. Occasionally, we have to make changes to and correct errors in advertising and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
(b) Please bear in mind that Covid-19, Brexit and the measures and other action being taken by governments, public authorities and businesses to manage their effects is likely to have an impact on holiday arrangements for a considerable period of time.
(c) We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures / action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure.
(d) Any impact which such measures / action has on your arrangements will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.
(e) In the event that your arrangements cannot proceed because your single component booking is not available for any reason (except as set out below in this clause) and we are unable to provide a reasonable alternative, we will refund the payments you have made to us for your booking. We will not be responsible for any other expenses including without limitation, the cost of flights or any other form of transport.
(f) If in the 14 calendar days prior to the start of your arrangements your booking cannot proceed, because as a result of Covid-19 the authorities of the country to where you are travelling impose regional or national restrictions which result in the closure of the resort, or essential facilities, or necessitate the closure of your accommodation, you will be entitled to a credit note for 100% of the booking cost to be used with us, within 12 months of the original booking departure date
(g) If in the 14-days prior to the start of your arrangements your booking cannot proceed, because we cannot provide the contracted services due to restrictions imposed on us by the authorities of the country to where you are travelling as a result of Covid-19 or Brexit, you will be entitled to cancel with a credit note for 100% of the booking cost to be used within 12 months of the original booking departure date
(h) Please note, a refund will only be provided where we are unable to provide your contracted accommodation in the circumstances referred to above. Without limitation you will not be entitled to a refund and cancellation charges are likely to apply where you are unable to travel on holiday for any reason.
(i) Very rarely, we may be forced by force majeure to change or terminate your arrangements after they have commenced but before their scheduled end. This is very unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
(i) Occasionally, it may be necessary to cancel a confirmed booking because the minimum number of bookings necessary for us to operate the booking has not been achieved and we notify you of cancellation for this reason. Where we have to cancel your booking in this instance, we will refund all monies you have paid to us but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred as a result. We will of course endeavour to offer you alternative arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 7 will apply.
(j) Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel abroad rather than our ability to perform or provide the contracted arrangements. This may be the case, for example, where measures applied by the UK or any other government or public authorities (such as locally applicable restrictions) mean you are unable to leave your home/local area and/or travel to or gain entry into the country(ies) where your holiday is due to take place. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign, Commonwealth and Development Office) does not automatically mean we are prevented from performing your arrangements but may instead affect your ability to travel. Any obligation to quarantine or self-isolate on your return to your country of residence does not affect our ability to provide your arrangements and will not entitle you to cancel without paying our usual cancellation charges.
17. OUR LIABILITY
(a) We do not own, operate or control most of the services included in the arrangements which we arrange for you. These services are usually contracted by us with independent suppliers who are themselves responsible for the performance of their own services. We undertake to use our reasonable skill and care in the provision of any services which are provided by our employees in the course of their employment. For all services which are provided by any person or entity other than our employees, we undertake to use our reasonable skill and care in the selection of those suppliers, we will be responsible for booking the service, paying for it and passing on any essential information. Providing we have done this we are not responsible for their acts and omissions or for the actual performance of those services.
(b) We operate a booking service for additional services. We are not recommending or endorsing a particular provider and we can offer you alternative provider information if required. Where we facilitate the purchase of additional services such as ski hire, ski lift passes, or ski lessons we are not liable for the acts and defaults of the third parties who provide those services, including, without limitation, transfer companies, ski hire providers or ski lift providers. Therefore, providing we have selected the agent or supplier with reasonable skill and care, we will have no liability to you for anything that happens during the provision of such arrangements or any acts or omissions of the agent or supplier or others.
(c) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
- the act(s) and/or omission(s) of the person(s) affected; or
- the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements; or
- 'force majeure’ as defined in clause 13 above
(d) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where we have not agreed to provide these as part of our contract and any activities which we arrange for you during your trip. Regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(e) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £250.00 per person affected. Any payment is subject to your producing appropriate proof of the contents and value of the luggage or personal possessions concerned and demonstrating that you have taken proper care of your property. For all other claims which do not involve death or personal injury, we limit the maximum amount we will have to pay you in the event that we are found liable to you on any basis to twice the cost paid by the person(s) affected.
We are a member of ABTA which means you have the benefit of ABTA’s assistance and Code of Conduct. The travel arrangements you buy from us are not covered by ABTA’s scheme of financial protection.
ABTA and ABTA Members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
For further information about ABTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, contact ABTA, 30 Park Street, London SE1 9EQ. Tel: 020 3117 0500 or www.abta.com
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