The following conditions, together with the information set out in the ‘Pre-departure Important Information’ document, the relevant brochure and the website, will form part of your contract with Ski Safari Limited (trading as Ski Safari or Freedom Treks), 8th Floor Becket House, 36 Old Jewry, London, EC2R 8DD, registered in England under company number 3196000. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated.
In these booking conditions, “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. “We”, “us” and “our” means Ski Safari Limited.
Booking your holiday: To secure your booking you should complete the booking form, which will be sent to you when your plans are finalised. The first named person on the booking will be the “party leader”. The 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 party members who are under 18 when the booking is made. By making a booking the party leader confirms that he/she is so authorised. 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.
To request a booking you must pay a deposit (or make full payment if booking within 10 weeks of departure). The amount of the deposit will be as follows:
- for Ski Safari holidays to Europe/Scandinavia: £200.00 per person
- for Ski Safari holidays to Canada, USA, Japan and Korea: £250.00 per person
- for Freedom Treks bookings: £100.00 per person or another amount specified at the time of booking.
The deposit we require may be higher if special terms apply, for example, a special offer flight which requires immediate payment of the full flight cost or during peak times where we require a higher deposit to secure your accommodation. We refer to this as a “special booking” in these conditions. We will notify you at the time of booking if this applies along with the amount of deposit that is required to secure the booking. Please note that if you subsequently cancel, you will incur the cancellation charges set out in the amendments, transfers and cancellation clause. We strongly recommend that you obtain insurance to cover the event of cancellation prior to departure.
The balance must be received at our offices 10 weeks before the departure date. 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 this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in the amendments, transfers and cancellation clause depending on the date we reasonably treat your booking as cancelled. If you do make payment late but before your booking is treated as cancelled by us you must pay us a late payment charge of £10.00 per day from the first day after the due date unless we agree otherwise with you in writing.
If, after we have confirmed your booking and you have paid your deposit but before your balance has been paid, you ask us to pay a supplier for a service earlier than we would normally expect to pay that supplier, for example paying an airline early in order that your flights may be ticketed, we will ask you for full payment for that service. The additional amount paid will be treated as part of your deposit and accordingly it will not be refunded in the event that you subsequently cancel.
For all payments made by credit card, there is a fee applied of 1.6% of the total cost of your payment. For all payments made by debit card, there is a fee applied of 0.5% of the total cost of your payment. If you cancel your holiday subsequently, the applied fee is not refundable in any circumstances. No fees are charged by us for payments made by bank transfer to our account from UK bank accounts.
Subject to the availability of your chosen arrangements, we will confirm your holiday by issuing a confirmation invoice. This invoice will be sent to the party leader. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation 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 (for which we are responsible) in any document within ten days of our sending it out (five days for tickets). 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.
Your contract: A binding contract between us comes into existence when we despatch our confirmation invoice to the party leader. 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). We both also agree that any claim (and whether or not involving any personal injury) must be dealt with under the ABTA arbitration scheme (if the scheme is available for the claim in question and you wish to use it – see the Arbitration clause below) or 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).
Consumer protection: We hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 4488). 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 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.
*The flights and flight- inclusive holidays we arrange are ATOL protected providing they are made available in the UK. For further information visit the ATOL website at www.atol.org.uk.
We are a member of ABTA with membership number Y3035. 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 high standards of service to you by ABTA’s Code of Conduct. For further information about ABTA, the Code of Conduct and the dispute resolution 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.
If your holiday does not include flights, ABTA will financially protect your holiday by ensuring you receive a refund or, if your arrangements include return travel to the UK (other than flights), you are returned to the UK in the event that your holiday cannot be provided as a result of our insolvency. Please go to www.abta.com for a copy of the guide to ABTA’s scheme of Financial Protection.
Prices and payment: No surcharges will be applied within 30 days of departure. The price of your travel arrangements is subject to surcharges for increases in transportation costs such as fuel charges, the cost of dues and taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, government action such as increases in VAT or any other government imposed increases, and currency in relation to adverse exchange rates. Even in this case we will absorb or retain an amount equivalent to 2% of the holiday price excluding amendment charges. Only amounts in excess of 2% will be surcharged or reimbursed and if this means paying more than 10% of the holiday price you will be entitled to cancel your holiday with a full refund of all money paid to us except for any amendment charges. Should you decide to cancel because of this you must exercise your right to do so within 14 days of the date of the invoice. If you do not tell us that you wish to cancel within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. Where a surcharge or refund is payable, there will be an administration fee of £1 per person. Please note that travel arrangements for your holiday are not always purchased in local currency and some apparent changes have no impact on the price of your travel.
Some airlines may apply a surcharge after a booking has been confirmed. This surcharge can be avoided by paying the full cost of the flight as soon as the airline or their agent notifies the Company of the surcharge. In this event, we will where possible give you the option to increase your deposit to avoid the surcharge or alternatively apply the surcharge in accordance with this clause.
Transport delays: Inbound and outbound flight times are provided by airlines and are subject to change for a variety of reasons. Flight timings are therefore estimates only and cannot be guaranteed. In the event of a delay, airlines generally provide such refreshments, meals and accommodation as they deem appropriate. In addition, you may be entitled to claim under the flight delay section of your travel insurance policy.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules you may complain to the Civil Aviation Authority on 020 7453 6888 or by e-mail to [email protected] or see www.caa.co.uk – Referring Your Complaint to the CAA.
Flights: In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm.
We are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of clause “Amendments, transfers or cancellation, by us” will apply. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our brochure, if any, on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
Brochure information/weather: We make every effort to ensure that the information contained in our brochure and on our website is as accurate as possible, and whilst correct at the time of publication, it may be subject to alteration. Please note that there is not a common classification system to grade hotels and resorts. We have graded hotels and resorts on our website and in our brochure on the basis of our knowledge and experience. If we receive prior notification of alterations to any accommodation, services or facilities we will inform you as soon as reasonably possible. It should be noted that destination information is for guidance purposes only and that the photographs printed in the brochure and on the website are used to give an impression of the accommodation and services offered.
We cannot guarantee that the weather conditions will be suitable for sporting or other outdoor activities. The Company shall not be held responsible for any loss, delay or costs whatsoever connected with adverse or weather conditions which are inappropriate for your intended activities.
At the time of publication of our brochure and website we do not have the exact details of the airline operator, aircraft type and destination airports applicable to your particular holiday, although this information will be available prior to you making your booking and will be discussed as part of your itinerary planning.
We reserve the right to change any of the prices, services or other particulars contained in our brochure and on our website at any time before we enter into a contract with you. If there is any change, we will notify you before we enter into a contract with you. Should any of these details change after making your booking you will be advised of the changes. Should you decide to subsequently cancel the booking, you may do so in accordance with the amendments or cancellation clause below.
Amendments, transfers or cancellation:
(A) By you.
If you wish to change the details of your booking, let us know in writing as soon as possible and we will do our best to accommodate you. Any change is subject to availability and any airline minimum night stay requirements. If we can accept the change there will be an amendment fee of £25.00 per person plus any supplier fees, such as airline costs, that may be applicable, or £10 per person for a ski extras amendment.
You should note in particular that airlines in particular may treat a change to a booking as a cancellation and new booking and therefore charge a 100% cancellation fee. This, for example, may apply to a flight booked with an incorrect name that does not match a passenger’s passport. Airlines are very strict in this instance and do not allow name changes to be made. If an incorrect name is given at the time of booking by you, 100% cancellation charges apply in respect of your flight cost, plus £25.00 amendment fee and a new flight will need to be purchased by you (which may be at an increased rate) to permit travel.
In a group booking where preferential group rates are obtained with certain airline carriers, if members of the group cancel and reduce numbers to below the requisite number for a group after the deposit is paid, the balance due for the cancelled seats will be payable. There may also be additional charges for other components of your holiday. You will incur the cancellation charges as set out in this clause for general bookings and we reserve the right to recalculate the balance of the holiday accordingly.
You may change your booking up to 30 days prior to departure by transferring it to another person if you are unavoidably prevented from travelling, and the transferee meets the conditions which may apply to the holiday and agrees to the terms of the booking agreement. The transferor (you) and the transferee will be jointly and severally liable for the terms of this contract. This right of transfer is subject to the payment of an administration fee of £25.00 per person together with all additional charges of whatever sort imposed by the suppliers providing the component parts of the holiday. Please note that flight bookings are not transferable. A flight booked in the name of the transferor would have to be cancelled and a new seat booked in the name of the transferee. This is subject to availability at the time of the transfer and, given that flight costs may have increased since the original booking, additional charges may apply. Ski Extras are non-transferable.
If you or a member of your party are forced to cancel arrangements which have been confirmed, we require notification in writing from the party leader. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. Cancellation charges will be calculated as set out below.
For all bookings, except those departing 15 December 2016 – 01 January 2017 (see below)
|Days prior to departure date when notification letter is received||Cancellation charge|
|From booking to 70 days prior to departure||Deposit forfeit (£200.00 / £25.0.. / £100 per person or increased deposit for special bookings)|
|69-45 days prior to departure||50% of total holiday cost (or deposit plus 50% of remaining holiday cost for special bookings)|
|44-35 days prior to departure||75% of total holiday cost (or deposit plus 75% of remaining holiday cost for special bookings)|
|34-21 days prior to departure||90% of total holiday cost (or deposit plus 90% of remaining holiday cost for special bookings)|
|20 days to departure or after||100% of total holiday cost|
For bookings departing 15 December 2016 - 01 January 2017
|Days prior to departure date when notification letter is received||Cancellation charge|
|From booking to 70 days prior to departure||Deposit forfeit (£200.00 / £250.00 / £100 per person or increased deposit for special bookings)|
|69-45 days prior to departure||75% of holiday cost (or deposit plus 75% of remaining holiday cost for special bookings)|
|44-21 days prior to departure||90% of holiday cost (or deposit plus 90% of remaining holiday cost for special bookings)|
|20 days to departure or after||100% of total holiday cost|
Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
(B) By the Company.
(i) The Company reserves the right to make changes to your holiday arrangements after we have confirmed your booking and if we do so, we will use our best endeavours to inform you before departure. We will not cancel your holiday after the balance due date except for reasons of force majeure or failure by you to pay the final balance. Please note, our holidays require a minimum number of participants to enable us to operate them. If the minimum number of bookings required for a particular holiday have not been received, we are entitled to cancel it. We will notify you of cancellation for this reason no later than 14 days prior to departure.
(ii) Any change we make to your holiday will be either major or minor. A major change is one which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major effect on your holiday. Major changes are likely to include a change of UK departure airport (not including between airports in London), a change of flight time by more than 12 hours, a change of resort or a change to a lower category of accommodation. Any other change, for example a change in airline or car rental company, change from a direct to indirect flight, change of accommodation to that of an equivalent or higher standard, will be classed as a minor change. If there is a minor change, we will do our best to notify you of this, but we are not under any obligation to do so or to pay you compensation.
If there is a major change, we will advise you as soon as is reasonably possible. You will then have the choice of:
(a) (for major changes) accepting the changed arrangements or
(b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. If this holiday is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other then available holidays. You must pay the applicable price of any such holiday. This will mean your paying more if it is more expensive or receiving a refund if it is cheaper or
(c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
(iii) If we have to make a major change or cancel we will as a minimum, where compensation is appropriate, pay you the compensation payments set out in the table below depending on the circumstances and when the major change or cancellation is notified to you subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where (1) we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or (2) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where a change is a minor one.
|Period before departure a significant change or cancellation is notified to you or your travel agent||Compensation per person|
|84 days or more||0|
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 any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
Your responsibilities: It is your responsibility to obtain all documents (e.g. passport, visa, driving licence) required for your holiday, to ensure that these are in proper order and to take them with you. The Company will not be liable if you fail to do so and you will be responsible for meeting any additional costs incurred as a result of such failure. You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all prebooked components of your holiday. The Company cannot accept responsibility if you miss flights as a result of late check-ins and no credit or refund will be given if you fail to take up any component of your holiday. No credit or refund will be given for lost, mislaid or destroyed travel documents.
Passports, Visa and Health requirements: Passport and visa requirements and health requirements and formalities for the destinations featured, and which are current at the time of going to press, are set out in information that we will provide to you at the time of booking but it is your responsibility to make the necessary applications and to comply with any regulations governing entry to your chosen country. If you do not obtain a visa, where this is required, or your passport or any other travel documentation is not in order and you are unable to travel as a result, you will be liable to pay the cancellation charges set out above. Furthermore, we will not accept any responsibility or refund any money in cases where you are unable to travel because of an invalid or mislaid visa or passport. Non British citizens should check with their embassy or consulate to obtain details of the relevant requirements.
The Foreign and Commonwealth Travel Advice Office issues travel advice, which is regularly updated, and which relates to political, economic and other circumstances prevailing in countries throughout the world. If you want any such advice, you should contact them. Their telephone number is 020 7008 1500, and details are also available online at www.fco.gov.uk. We will continue to operate holidays to a destination until the FCO issues advice to the contrary.
Sources of information about health requirements include the Travel Health pages of the NHS website at www.nhs.uk/Livewell/TravelHealth. We recommend that you book an appointment with your GP, practice nurse or travel health clinic to discuss the health and vaccination requirements for your destination.
Client Behaviour: The Company reserves the right in our absolute discretion to terminate your holiday if your behaviour is likely, in our opinion or that of our employees or suppliers, to cause distress, damage, annoyance or danger to our employees or to any third party, or their property. If you are prevented from travelling on an aeroplane because in the opinion of any person in authority at the airport you appear for whatever reason unfit to travel, we have no further responsibility for your journey or your holiday, including any return flight. We will impose full cancellation charges and will not give any refunds. Furthermore, we will be under no obligation whatsoever to pay you compensation or cover any costs you may incur as a result of having to make alternative arrangements.
Insurance: As a condition of booking your travel arrangements with us, you are required to have suitable travel insurance at the time of booking to cover events including, but not limited to, pre-departure cancellation and valid for the entire duration of your trip. Please disclose any relevant information including pre-existing injury or condition to the insurer at the time of purchase of your policy. The Company cannot be held responsible or liable in any way for customers who fail to take out adequate travel insurance. Please note that insurance provided by credit card companies and banks often has limited cover. Please check at the time of booking that the cover provided by such a policy complies with this condition.
(i) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(ii) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), 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 any member(s) of their party or
- the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
- 'force majeure' as defined above.
(iii) 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 your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. Please also see clause “Excursions”. In addition, 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.
(iv) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and applicable standards of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in paragraph (i) above. We do not make any representation or commitment that all services will comply with applicable local laws and standards and failure to comply does not automatically mean we have not exercised reasonable skill and care.
(v) As set out in these booking conditions, we limit the maximum amount we may have to pay you for any claims you may make against us.
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 £500.00 per person affected unless a lower limitation applies to your claim under this clause or paragraph (vi) below. You must ensure you have appropriate travel insurance to protect your personal belongings. 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, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under paragraph (vi) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(vi) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to below. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or regulation which applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea (as amended by the 2002 protocol where applicable) and COTIF, the Convention on International Travel by Rail). Where a carrier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and regulations are available from us on request.
(vii) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses including self employed loss of earnings.
Safety standards: Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
Conditions of suppliers: As between you and the suppliers of the transport, accommodation and other components making up your holiday, the conditions of the supplier will apply. These conditions may be subject to International Conventions which limit and/or restrict the supplier's liability. Transport timings are provided by the carrier concerned and are subject to such matters as weather conditions, maintenance requirements, the ability of passengers to check-in on time and, in the case of flights, to air traffic control restrictions. Accordingly the times of flights and other forms of transport are estimates only and cannot be guaranteed. The Company is not liable for any delay and cannot itself make any special arrangements in the event of a delay.
Excursions: 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 have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are 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 Our Responsibilities (i) 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.
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 a holiday with us, we will pass on this information at the time of booking.
Ski extras: Ski extras are any one or combination of lift tickets, rental equipment, ski school and in-resort activities. You must be a UK/EIRE resident to book ski extras with us. Ski extras cannot be ordered less than 3 working days before your departure on holiday. All services are subject to availability at the time they are booked. Ski extras are for use only by yourself, your family or members of your group. Ski extras vouchers are non-transferable. Special offers will only be applied to your order if the correct information has been given and all qualifying conditions have been met. You must present your vouchers in resort in order to receive the services ordered. Failure to present a valid voucher will result in the service not being provided. Only valid ski extras vouchers can be exchanged for ski extras. A ski extras order confirmation received once your order has been processed online cannot be exchanged for ski extras in the resorts. Vouchers can only be exchanged for services exactly as specified on the voucher. Any additional service or upgrade taken must be paid direct to the supplier at the time the voucher is redeemed. Any charge made by a supplier to the Company for additional services or upgrades not paid direct will be charged to your card. It is your responsibility to ensure that you have adequate travel insurance in place to cover the cost of your ski extras in the event that you have to cancel or curtail your holiday. Certain products, such as some season passes, are 100% non-refundable, and this is clearly indicated where relevant.
Ski extras only bookings: This clause applies to ski extras only which are not booked together with any accommodation or transport at www.skisafariextras.com or booked by telephone. These booking conditions apply in their entirety to ski extras only bookings with the exception of “Booking your holiday” and “Amendments, transfers and cancellations (A) By you”. If you book ski extras only, a binding contract will come into force when we send you your voucher(s) by email. The contract is made in accordance with English Law and is subject to the jurisdiction of the Courts of England and Wales. If you are resident in Scotland or Northern Ireland, the Courts of Scotland or Northern Ireland can deal with any disputes. Full payment is required at the time your order is made. If you make payment with a credit card, a non-refundable fee of 2% will be applied. If you are booking ski extras online, you have fourteen working days from the date of your order to cancel and receive a full refund (less the 2% credit card fee). Cancellations must be confirmed to the Company in writing by email, fax or letter. After fourteen days, a cancellation charge of between 20% and 100% of the total order cost will apply, depending on the cancellation policy of our supplier. Certain products, such as some season passes, are 100% non-refundable, and this is clearly indicated where relevant.
Injury, off-piste skiing and avalanche: There is a risk of injury attached to winter sports, including skiing and snowboarding, and to cycling. The risk can be minimised by making sure that you are fit to ski/cycle before you travel and ensuring that you ski/cycle in a controlled fashion. If you wish to ski off-piste, outside ski area boundaries and/or in the backcountry, you do so at your own risk (please also see insurance section above). Resorts do make every effort to ensure that the risk of avalanche on pisted ski areas is kept to a minimum but this risk, being a force of nature, can never be completely alleviated. The risk of avalanche is greatly accentuated if you ski off-piste and you should always seek expert opinion that morning of the day’s avalanche risk and carry the necessary avalanche equipment with you. If you suffer from any pre-existing injuries that may affect your ability to ski/cycle, please consult your doctor before you travel. If you are taking ski or snowboard tuition whilst in resort, please inform the ski school of any pre-existing injuries that may affect your ability to ski or snowboard.
Medical conditions: If you or any member of your party has any medical condition or disability which may affect your holiday or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), 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 change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition disability develops after booking, cancel when we become aware of these details.
Special requests: If you have any special requests, you should inform us of such requests in writing at the time of booking. We will advise the relevant supplier of any such requests but we cannot guarantee that they will be met. Furthermore, we have no liability to you if such requests are not met. Examples of such special requests include, but are not limited to, airline meals, specific room bedding, room types with benefits that are not paid for, special offer accommodation upgrades, honeymoon benefits, late check-out, baggage storage, special transportation arrangements.
Data protection: We will provide your personal information, as well as any personal information you provide in relation to the persons whose travel arrangements have been requested by you, to suppliers and carriers that might be located outside the UK and/or EU, to enable the operation of the services requested by you. If you make special requests, which include, but are not limited to, special dietary, religious, or disability related requirements which constitute sensitive information, the relevant data will also be passed to the relevant suppliers and carriers to enable provision of the services requested by you.
If you have a complaint: If you have a complaint whilst on holiday you must tell the hotelier or other supplier who will try and resolve the matter on the spot. If they are unable to sort out the problem, contact the Company who will endeavour to do so on your behalf. Unless they or the Company have been given the opportunity to rectify the problem at the time it is not reasonable to expect the Company to accept liability for any problem after you return home. If the complaint cannot be resolved there and then you should inform the Company in writing within 90 days of the completion of your holiday. Failure to follow this procedure may reduce or extinguish any rights you may have to make a claim against either us or the relevant supplier.
We are a Member of ABTA. When you book with an ABTA Member you can expect high service standards, fair terms of trading and accurate information. ABTA’s strict joining criteria for Members, code of conduct, customer helpline and approved ADR scheme to resolve complaints are all there to give you confidence and peace of mind when booking your travel arrangements. For more information see www.abta.com.
Disputes arising out of, or in connection with your booking which cannot be amicably settled may be referred to ABTA’s Alternative Dispute Resolution Scheme. The scheme provides for a simple and inexpensive method of resolving disputes and, where appropriate, arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the ABTA website www.abta.com. The arbitration scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation 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 application for arbitration and other required documents must be received by ABTA within 18 months of your return from the holiday. Outside this time limit arbitration under the scheme may still be available if we agree, although the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to this. Where we act as agent, please bear in mind that your contract is with the supplier of the arrangements concerned. Unless the supplier is also a member of ABTA, only disputes relating to our actions as agent can be dealt with by the arbitration scheme or mediation procedure and not complaints about the arrangements themselves or the acts / omissions of the supplier.
All information contained in the document correct as at 20 October 2016.