Section A: Package Holidays and Accommodation only bookings
A.1: We sell two different types of Package Holiday where we are the organiser of the Package Holiday:
1. "Single Contract Package" – this is where we have created a Package Holiday and we sell this to you under a single contract, where we are the principal in the contract with you. This is the case for all Package Holidays which do not include Ski Extras i.e. Package Holidays which include only flights and accommodation (with or without transfers).
2. "Multi-Contract Package" – this is where we have created a Package Holiday and we sell the component services to you under two or more contracts. This is the case for all Package Holidays which include Ski Extras. For Multi-Contract Packages, your contract for the provision of all components other than the Ski Extras (i.e. the flights, accommodation and any transfers) is with us as principal. For the Ski Extra component(s) of your Package Holiday, we will arrange for you to enter into separate contracts with each relevant Ski Extra Supplier and it will be the relevant Ski Extra Supplier which will be the principal to the contract with you for that component. The Ski Extra Supplier’s terms and conditions (copy available on request) will apply to your contract in addition to the relevant sections of these booking conditions.
If your booking includes flights arranged by us, we will confirm to you which type of Package you have booked by issuing you with an ATOL Certificate which will state that it is either for a Single Contract Package or a Multi-Contract Package. If your booking does not include flights, please check your booking confirmation for these details.
Section A of the booking conditions applies to both types of Package Holidays. Section A also applies to Accommodation only bookings unless otherwise stated.
A contract will only come into existence when we issue a booking confirmation in respect of the confirmed Holiday. Prior to doing so, we or your travel agent may send you an acknowledgement of your booking request. Any such acknowledgement simply indicates that we are dealing with your booking request and is not a confirmation of it.
Some travel and accommodation arrangements are only available on a request basis. Where this is the case, you will be advised at the time you make your enquiry and details of the arrangements “on request” will be shown on any provisional documentation we issue. Any arrangements that we advise you are “on request” are not confirmed or guaranteed and are also subject to change (including price) until we receive confirmation of the arrangements from our supplier(s) and are able to issue the relevant booking confirmation.
Please check the booking confirmation and ATOL Certificate together with all other documents we or your travel agent send you as soon as you receive them. Contact us or your travel agent immediately if any information which appears on any documentation appears to be incorrect or incomplete, as it may not be possible to make changes later. We regret we cannot accept any responsibility if we are not notified of any inaccuracy in any document within ten days of our sending it out. Whilst we will do our best to rectify any inaccuracy notified outside this time limit, you will be responsible for any costs and expenses involved in doing so except where we are responsible for the inaccuracy and there is good reason why you did not contact us within the above time limit.
The person who makes the booking (lead name) must be at least 18 at the time of booking.
The lead name is responsible for payment of the total booking price, including any insurance premiums and subsequent cancellation or amendment charges that may be payable. He or she also agrees to provide accurate and full information to the remainder of the party in relation to the booking, including any changes thereto. By requesting confirmation of the booking, the lead name confirms that all members of the party, including the parent or guardian of any party member who is under 18 at the time of booking, agree to be bound by these booking conditions, the terms and conditions of any Ski Extras Supplier (where applicable) and all other information in the relevant brochure and on our websites (as applicable) and he/she is authorised to make the booking on this basis.
A.2: Price changes after booking
We reserve the right to increase or decrease and correct errors in advertised prices at any time before your Holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. Please be aware that the coronavirus and the measures and other action being taken by governments, public authorities and businesses to manage its effects (including the implementation of social distancing) together with the economic impact of the pandemic is creating a great deal of uncertainty in relation to the cost of the services which form part of our Holiday arrangements.
We reserve the right to increase or decrease the price of your Holiday booking after we have issued our booking confirmation in accordance with this Section A2 For Package Holidays, we reserve the right to increase or decrease the price of your booking (other than for any Ski Extras) in order to pass on to you changes in our costs which arise 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; (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 the Holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or (iii) the exchange rates relevant to the booking. For Accommodation only bookings, we reserve the right to pass on any increase in our costs resulting from any factors or circumstances outside our control such as adverse changes in the applicable exchange rate or the imposition of new or increased tourist taxes.
For Package Holiday bookings, we will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your Holiday arrangements, which excludes insurance premiums and any amendment charges. You will be charged for any increase in our costs over and above that.
We will only be able to change the price in this way if we notify you of any price increase at least 20 days before departure, together with a calculation of and justification for this change.
If the price of your booking is increased by more than 8% (10% for Accommodation only) of its total price and you are not prepared to pay the additional amount, Section A6 will apply on the basis the surcharge is a significant change. Any surcharge which you have agreed to pay must be paid with the balance of the Holiday cost or within 14 days of the issue date printed on the surcharge invoice, whichever is the latter.
For Package Holiday bookings (other than any Ski Extras), you will be entitled to a price reduction corresponding to any decrease in the costs described above which occurs after you have booked but before departure, although we will be entitled to deduct our administrative expenses from any refund. You will be entitled to ask for proof of any deducted expenses. However, please note that travel arrangements are not always purchased in local currency and may be booked by us many months in advance of departure. In the circumstances, some apparent changes may have no impact on the price of your travel due to contractual and other arrangements that are already in place at the time of booking.
Your financial protection
A.3: Flight inclusive packages
We provide full financial protection for our flight-inclusive Package Holidays and ATOL protected flight only sales by way of our Air Travel Organiser's Licence number 10794 issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone +44 (0)333 103 6350, email email@example.com.
When you buy an ATOL protected flight or flight inclusive Package Holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the Travel Agent (or your credit card issuer where applicable). You also agree that any such claims may be reassigned to another body if that other body has paid sums you have claimed under the ATOL scheme.
In the event of our insolvency we, or any appointed insolvency practitioner, may disclose your personal information to the CAA, and/or ABTA so that they can assess the status of your booking and advise you on the appropriate course of action under any scheme of financial protection. The CAA’s General Privacy Notice is at https://www.caa.co.uk/Our-work/About-us/General-privacy-notice/ ABTA’s Privacy Notice is at https://www.abta.com/privacy-notice.
A.4: Flight exclusive packages
When you buy a Holiday that does not include a flight, protection is provided by way of a bond held by ABTA – The Travel Association, 30 Park Street, London SE1 9EQ, www.abta.co.uk., tel: 020 76372444
This means ABTA will ensure you receive a refund or, if already abroad, you are returned to the point where your contracted arrangements with us commenced in the event that your Holiday cannot be provided as a result of our insolvency. You agree to accept that in the event of our insolvency ABTA may arrange for the services you have bought to continue, or for a suitable alternative to be provided at the same cost as your original booking. You also agree to accept that in circumstances where the travel service supplier provides the services you have bought, you agree to pay any outstanding sum under your contract with us to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA’s Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid. Please go to www.abta.com for more information on the financial protection provided by ABTA.
A.5: Payments to and communication with Travel Agents
In relation to ATOL protected flight-inclusive Package Holidays, money accepted by an authorised travel agent of ours from you is held by the travel agent on behalf and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the travel agent’s obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by our travel agent, or which is subsequently accepted from you by the travel agent, is and continues to be held by the travel agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us. When you buy a Holiday not including a flight, all monies you pay at the time of booking to any authorised travel agent of ours through whom you make your booking will be held by him on your behalf until we issue a booking confirmation to the travel agent. After a booking has been confirmed, all payments made to that authorised travel agent will be held by the agent on our behalf from receipt PROVIDING they are only paid to the agent immediately prior to the applicable balance due date (as shown on your booking confirmation). Payments must only be made to the travel agent in sufficient time for them to be paid to us by balance due date and not earlier even if your travel agent asks you to do so.
Any authorised travel agent of ours through whom you make a booking will relay information from you to us and vice versa. For the purposes of compliance with time limits or limitation periods as set out or referred to in these booking conditions, receipt by such an authorised travel agent of messages, requests or complaints intended for us will be treated as receipt by us. However, we are not responsible for any advice given to you by your travel agent that did not originate from us.
A.6. Changes made by us before departure
(1) Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this Section A.6. Most changes will be insignificant and we have the right to make these. Where an insignificant change is made before departure, we will notify you in writing. No compensation is payable for insignificant changes. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted in accordance with these booking conditions. Where we have to do so, Sections A.6 (3) and A.6 (4) will apply.
(2) All alterations which are not significant in accordance with Section A.6 (1) will be treated as insignificant changes. A change of flight departure time from the UK or overseas airport of less than 12 hours, airline, departure airport between London airports (Gatwick, Heathrow, Luton, Stanstead or London City), type of aircraft (if advised), destination airport or accommodation to another of a similar standard, with similar facilities, in a comparable location and of the same rating (our own or the official local rating) will also all be treated as insignificant changes. Please bear in mind that coronavirus and the measures and other action being taken by governments, public authorities and businesses to manage its effects (including implementation of social distancing) is likely to have an impact on holiday arrangements for a considerable period of time. We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures/action may be introduced, re-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. Any impact which such measures/action has on your Holiday 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.
(3) In the event we have to significantly alter any of the main characteristics of your confirmed Holiday arrangements or accepted special requirements, we will provide you with the following information in writing as soon as possible: (i) the proposed alteration and any impact this has on the price; (ii) in the event that you do not wish to accept the alteration, details of any alternative holiday arrangements we are able to offer (including the applicable price); (iii) your entitlement to cancel your booking and receive a full refund if you do not want to accept the alteration or any alternative holiday arrangements offered; and (iv) the period within which you must inform us of your decision and what will happen if you don’t do so. Where any alteration or alternative arrangements we are able to offer (which you accept) result in a package of lower quality or cost, you will be entitled to an appropriate price reduction.
(4) If you choose to cancel your booking in accordance with Section A.6 (3), we will refund all payments you have made to us within such period of the date the cancellation takes effect (which will usually be the date we send you a cancellation invoice) as any applicable legislation requires. If we don’t hear from you with your decision within the period specified in Section A.6 (3)(iv) (having provided you with the above-mentioned information for a second time), we will cancel your booking and refund all payments made to us within the applicable period of the effective date of cancellation (see above). No compensation will be payable or other liability accepted where a change results from Unavoidable and Extraordinary Circumstances (see Section C.6) or is not significant.
(5) Unless the significant change is as a result of Unavoidable and Extraordinary Circumstances (see Section C.6), we will pay you compensation as shown in the table below where appropriate. If you accept the significant change or take a different holiday offered for sale by us, you will receive compensation as per Option 1 in the table below. If you reject the significant change and cancel your booking, you will receive compensation as per Option 2. The amounts in the table are by way of guideline only and may in appropriate circumstances be increased.
Independent or additional travel arrangements (such as domestic or internal flights, airport parking etc. that you book separately to your Holiday) do not form part of our contract with you. Should we need to make any changes to your Holiday, we will not be liable for any effect such changes may have on your own travel or other arrangements including without limitation, for any amendment or cancellation charges or re-booking costs which you incur as a result. You must ensure you book arrangements which can be changed or cancelled at no or minimal cost until close to departure.
Compensation payments relating to a child place for which you have paid a child price are half the amounts shown below (up to a maximum of half the child price paid). There are no compensation payments payable to those travelling on ‘free child places’, ‘free group places’ or infants.
|Period of notice of a significant change we give you or your travel agent before departure||Compensation for each full fare paying passenger||Compensation for each full fare paying passenger|
|option 1||option 2|
A.7. Cancellation by us
(1) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (i) we are prevented from performing your contracted Holiday arrangements as a result of Unavoidable and Extraordinary Circumstances and we exercise our right to cancel as a result and notify you or your travel agent of this as soon as reasonably possible or (ii) (where applicable) we have to cancel because the minimum number of bookings necessary for us to operate your Holiday has not been achieved and we notify you or your travel agent of cancellation for this reason as referred to in Section A.7 (5). We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case Section A.11 will apply.
(2) Where we have to cancel your booking in the circumstances referred to in Section A.7 (1), we will refund all monies you have paid to us within such period of the effective date of termination (which is usually the date we issue a cancellation invoice) as any applicable legislation requires. We 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 (including without limitation, in respect of independent or additional travel or other arrangements booked in connection with your Holiday which you are unable to use). We will of course endeavour to offer you alternative holiday arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled.
(3) You may be entitled to compensation as a result of our cancellation of your Holiday in accordance with Section A.12 below except where we cancel as a result of either of the reasons set out in Section A.7 (1).
(4) Without limitation, you will not be entitled to any refund, compensation or reimbursement of expenses and cancellation charges are likely to apply where Unavoidable and Extraordinary Circumstances affect your ability to travel on your Holiday. This may be the case, for example, where restrictions applied by the UK or any overseas government or public authorities mean you are unable to leave the UK and/or travel to or gain entry into the country(ies) where your Holiday is due to take place or are required to self-isolate or quarantine on arrival in destination or return to the UK. The issue of advice or recommendations against non-essential travel by public authorities (such as the UK Foreign Office) generally or to any country, area or region does not automatically mean our performance of your Holiday arrangements is prevented or significantly affected as a result. You must ensure the travel insurance you purchase provides you with suitable cover in respect of these situations and make a claim on this if the need arises.
(5) We regret that some Holidays shown on our website or in our brochures can only be operated if there is sufficient demand resulting in a sufficient number of people booking such Holidays each week during the season. If there is insufficient number of confirmed bookings for any week(s) to enable us to operate Holidays which require a minimum number, we have the right to cancel the Holidays in question. Failure to achieve the applicable minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason not later than 56 days before departure. If we have to do so, we will tell you or your travel agent as soon as reasonably possible. In this situation, Section A.7 (2) will apply. Where possible, we will offer you the option of the same Holiday departing on a different date.
(6) Very rarely, it may be necessary as a result of Unavoidable and Extraordinary Circumstances to curtail or terminate your Holiday after departure but prior to its scheduled end which we reserve the right to do. Where your Package Holiday includes return flights, we will offer you an alternative, earlier flight where we are able to do so at no additional cost to you. If your Holiday does not include return flights, you will be responsible for making/changing your own arrangements. In the event of the curtailment of your Holiday so that you leave your accommodation early, we will provide you with a refund of such part of your accommodation cost as relates to the unused period. We will not provide any other refunds and will not be responsible for meeting any costs or expenses you may incur as a result of the curtailment of your Holiday.
A.8. Our responsibility for the performance of the holiday
We do not ourselves own, operate or provide most of the services, facilities or travel arrangements which make up your Holiday. Some of these are provided by independent third party suppliers whom we contract to provide these services, facilities or travel arrangements. Subject to Section A.12, we promise to make sure that the Package Holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you (which does not include Ski Extras) are made, performed or provided with reasonable skill and care. This means, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted Package Holiday arrangements (other than Ski Extras) 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 Package Holiday arrangements (other than Ski Extras). 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).
For Ski Extras, our legal duty is to exercise reasonable skill and care in arranging for you to enter into a contract with the relevant Ski Extra Supplier.
For Accommodation only bookings, we undertake to use our reasonable skill and care in the selection of our chalets and hotels. These chalets and hotels are not owned or operated by us but by independent third parties. Providing we have selected the accommodation with reasonable skill and care, we are not responsible for the actual accommodation, for the performance of any accommodation related or other services or for the acts or defaults of the accommodation owners, operators or managers or any supplier, employee, agent, contractor or other third party who provides any services. This exclusion does not apply to our own employees providing they were at the relevant time acting within the course of their employment.
You must tell us immediately of any failure to perform or improper performance of your Holiday arrangements (“Failure”) in accordance with Section C. 7.
If a significant proportion of the contracted services included in your Package Holiday cannot be provided as agreed in the contract, we will endeavour to offer, at no extra cost to you, suitable alternative arrangements for the continuation of the Holiday. The alternative arrangements shall where reasonably possible, be of equivalent or higher quality to those specified in your booking. Where the arrangements offered are of a lower quality, you will be entitled to an appropriate price reduction as referred to in Section A.12 below. You may only reject the alternative arrangements we offer to you if they are not reasonably comparable to those agreed in the contract or if the price reduction offered is inadequate. If you do reject the alternative arrangements, or if we are not able to offer any, then you may, where appropriate, be entitled to a price reduction and/or compensation in accordance with Section A.12 below.
If a Failure substantially affects the performance of the Package Holiday, and we have failed to remedy it within a reasonable period of time, you may decide to continue with your Holiday or to terminate it which you may do without paying cancellation charges. If you decide to terminate in these circumstances, then if your Package Holiday includes transport to your holiday destination, we will arrange for you to return to your outward point of departure by equivalent transport without undue delay (where reasonably possible) at no extra cost to you. You may, where appropriate, be entitled to a price reduction and/or compensation in accordance with Section A.12 below.
Where your Package Holiday arrangements include return travel and we are unable to return you as agreed due to Unavoidable and Extraordinary Circumstances, we will meet the cost of necessary accommodation (if possible of an equivalent category), which is incurred as a result for a period not exceeding three nights per person. This limitation will not apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, as well as persons in need of specific medical assistance, provided that we had been notified of their particular needs at least 48 hours before departure. This commitment does not however apply where we are unable to return you as agreed because of your personal circumstances such as, for example, where you are unable to travel due to illness or injury.
A.9. Prompt assistance in resort
Where requested, we will provide you with appropriate assistance without undue delay if you are in difficulty, in particular by providing appropriate information on health services, local authorities and consular assistance; and by helping you make distance communications and find alternative travel arrangements. Typically, we do not charge for this assistance, although we do reserve the right to charge a reasonable fee for it (not exceeding the costs we actually incur) if the difficulty has been caused intentionally by you or through your negligence.
A.10: Changes you request before travel
If you want to change the arrangements you have booked in any way, we will try to help you, although we cannot guarantee that we will always be able to do this as changes are subject to availability at the time and to our terms and conditions and those of our suppliers.
For any changes that can be made which involve an additional cost, we will charge the price that applies on the day the change is made. Remember any change to your departure date, airport, transport, destination, accommodation or length of the holiday has to apply to all members of your booking.
The lead name must give to your travel agent or to us directly, confirmation of your request to make the change. We will apply charges from the date we receive the instruction from you or your travel agent.
The following tables set out the charges we apply for changes you make to bookings. In addition, we are entitled to charge you any fees that suppliers (including Ski Extras Suppliers) may charge us for making any change. All amendment charges must be paid by you prior to the amendment being finalised.
|Costs shown are per change per person*||Notice given more than 84 days before departure||Notice given 84 days or less before departure|
|Flight (e.g. time change within same day, UK airport change)||£50 per person||Cancellation charges will be applied - see 'Cancellation by you'|
|Date of travel (see note 1)||£50 per person||Cancellation charges will be applied - see 'Cancellation by you'|
|Accommodation||£50 per person||Cancellation charges will be applied - see 'Cancellation by you'|
|Passenger name||£50 per name change||£50 per name change|
*The maximum amendment fee we will charge for changes made by you in one request is £400 per booking. This does not apply where cancellation charges are payable as shown.
Note 1: It is not possible to transfer your booking to a departure date more than 12 months after your original travel date without incurring cancellation charges and we can only transfer to a product or season that is currently on sale.
Note 2: At our discretion, particularly where Unavoidable and Extraordinary circumstances exist, we may agree to waive any amendment charges when you transfer your booking. If the new transferred booking is subsequently cancelled then you will be liable for the originally waived amendment charges in addition to the cancellation charges set out in A.11.
You may transfer your Holiday to another person (introduced by you) who satisfies all applicable conditions without payment of our cancellation charges, subject to you and the replacement person(s) accepting that you will both be liable, jointly and individually, for full payment of any balance due to be paid and any fees, charges or other costs arising from the transfer. We shall notify you of these costs upon receipt of your request to transfer. You will need to give us a minimum of 7 days’ notice before departure and the request must be accompanied by the name and other applicable details of the replacement person(s).
Please note that the majority of our flight and transfer providers do not typically allow changes to be made to tickets after bookings have been confirmed.
Changes such as name changes (including initial changes), destination and date changes can be treated by our suppliers as a cancellation and rebooking, regardless of the period of notice given to us. If the supplier treats the change as a cancellation and rebooking we will pass on to you the cost imposed by the supplier, which could be up to 100% of the ticket price. Also, note that transport providers may refuse to issue replacement tickets for lost or stolen tickets and new tickets may have to be purchased by you. The cost of the new ticket may be greater than the cost of the original ticket.
Any booking discount you may have received at the time the original booking was made may be altered or reduced whenever changes are made.
The table below details charges that we levy in the event that you wish to change any “Extra Services” that you have booked such as Ski Extras, excursions, private tuition or any other additional activities/services.
|Time we receive your notice to amend item before departure*||Charge for change|
|More than 28 days||Free of charge|
|28-8 days||50% of item cost|
|7 days or fewer||100% of item cost|
* No refunds are applicable on the items that are not used once in resort.
If you change any ‘Extra Services’ supplied by 3rd parties (such as airport parking or excursions), we will pass on any costs imposed by the provider of the service in making the change. This may be up to 100% of the cost of the service which is being changes and/or the applicable cancellation charges and cost of making a new booking.
A.11: Cancellation by you
You may cancel your booking at any time prior to departure by giving written notice to us or the travel agent through whom you made your booking. Any such notice of cancellation must be given by the lead name. You may also transfer your booking as referred to in Section A.10.
Any notice addressed to us should be sent to the correspondence address as stated on the invoice. It may also be sent by email (firstname.lastname@example.org) or given to the travel agent. We will apply charges from the date the written cancellation notice is received by us or your travel agent.
As we are likely to have incurred costs in relation to a cancelled booking (including, without limitation, charges which are imposed on us by the suppliers), you will be charged a cancellation fee per person which reflects the losses and costs which we incur in cancelling the booking as follows. 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:
|Time we or your travel agent receive your notice to cancel before departure||Cancellation charges (excluding any Ski Extras)|
|More than 84 days||Loss of deposit|
|84-64 days||30% of the total cost of the holiday (or loss of deposit if greater)|
|63-50 days||50% of the total cost of the holiday|
|49-29 days||70% of the total cost of the holiday|
|28-15 days||90% of the total cost of the holiday|
|14 days or fewer||100% of the total cost of the holiday|
Where any deposit is payable by instalments (see Section C), any references in the above table to “loss of deposit” shall mean loss of the Initial Deposit and the Deposit Balance (as defined in Section C). If the Deposit Balance has not been paid as at the date of cancellation, then the Deposit Balance shall be immediately payable and form part of the relevant cancellation charge.
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 for single or under-occupancy supplements. If you do cancel, you must still pay any insurance premiums and amendment charges which arose before the cancellation and any deposits paid for any pre-booked items or services.
If you cancel any Ski Extras or “Extra Services”’ (whether booked at the time of booking the basic holiday or subsequently) we will pass on any costs imposed by the provider of the service.
If you cancel any travel insurance you purchased through us, your premium will not be refunded, as cover under the policy will already have begun.
In addition to the cancellation rights set out above, you will be able to cancel your Package Holiday booking before departure without paying any cancellation charges in the event that Unavoidable and Extraordinary circumstances (as described in Section C.6 below) occur at the place of destination of your Package Holiday or its immediate vicinity and significantly affect our performance of the contracted Package Holiday arrangements or the carriage of passengers to that destination. Where applicable, you must notify us or your travel agent of your wish to cancel for this reason in writing. Providing we are in agreement that you are entitled to do so in accordance with this Section, we will send you a cancellation invoice to confirm the cancellation. Any refund then due will be paid within such period of this date as any applicable legislation requires. You will not be entitled to compensation or any of the rights set out in Section A.12 below.
A.12: Price reduction, compensation for damages and limits on our liability
(1) Please note, we are not responsible for any failure or for any injury, illness, death, loss (for example, loss of enjoyment or loss of possessions), damage, expense, cost or other sum or claim of any nature or description whatsoever which results from any of the following:-
(i) the act(s) and/or omission(s) of the person(s) affected; or
(ii) 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
(iii) Unavoidable and Extraordinary circumstances as defined in Section C. 6.
(2) We cannot accept responsibility for any services which do not form part of your Package Holiday or Accommodation only booking. 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 in our brochure or on our website and we have not agreed to arrange them as part of your Package Holiday or Accommodation only booking. Similarly, we do not accept liability for any excursion, other tours or activities you purchase during your Holiday – see Section A.12(10). 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 in Section A.8 and we do not have any greater or different liability to you in any circumstances.
(3) For Package Holidays, the promises we make to you about the services we have agreed to provide or arrange as part of your booking, and the laws and applicable standards of the country in which your claim occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which give rise to the claim 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 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 Section A.8. 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.
(4) Except as set out in Section A.12(5) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently. For all other claims which relate to a Package Holiday, if we are found liable to you on any basis, the maximum amount we will have to pay you is three times the total Holiday cost (excluding any 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 Section A.12(5). For claims which relate to an Accommodation only booking, our maximum liability will be limited to twice the total Holiday cost (excluding any insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your Holiday.
(5) Where any claim concerns or is based on any travel arrangements (including without limitation, 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 where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages/compensation will be payable) will be limited as if we were the carrier in question as referred to in this Section A.12(5). The most we will have to pay you for that 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 EU regulation which applies to the travel arrangements in question. Such conventions and regulations include the Warsaw Convention as amended or un-amended and the Montreal Convention 1999 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, EC Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 for international travel by sea (as amended by the 2002 protocol), the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will 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 EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry/cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.
(6) We cannot accept any liability for any damage, loss, expense or other sum(s) of any nature or description which (a) 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 (b) 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 or (c) relates to any business (including without limitation, loss of self-employed earnings).
(7) Where a flight ticket is downgraded or a flight cancelled or delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the EU Regulation 261 / 2004 (the Denied Boarding Regulations 2004), then you are encouraged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier’s actions and which fall within the scope of the Denied Boarding Regulations 2004. If for any reason, you do not claim against the carrier and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the carrier in relation to the claim that gives rise to that compensation payment.
(8) Please note that we expect you to assist us in recovering from any third party any sum which may compensate us for any sums we pay you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our legal liability to pay you compensation.
(9) We are entitled to deduct from any compensation payable to you, any sums that you may be paid by any of our suppliers that relate to the same event or circumstances giving rise to any liability on our part.
(10) Unless otherwise expressly advised by us in writing at or prior to the time of booking, activities, excursions and other tours that you may choose to book or pay for whilst you are away are not part of the Holiday provided by us. Such activities, excursions and tours are not operated, supervised, controlled or endorsed in any way by us. They are provided by local operators and other third parties who are entirely independent of us. For all such activities, excursions and other tours that you book, your contract will be with the operator or other provider of the activity, excursion or tour and not with us and will be subject to the operator/ provider’s applicable terms and conditions. We are not responsible for the provision or performance of the activity, excursion or tour or for anything that happens during the course of its provision or performance by the operator or other provider or for the acts or omissions of the operator/provider or any of its employees, agents, suppliers or contractors. This applies even where a Neilson representative accompanies the activity, tour or excursion or assists in making the booking. Any such assistance is provided solely in the capacity of booking agent for the operator or other provider.
A.13: Flight delays - Package Holidays
Delays sometimes occur. We work closely with the airlines and overseas offices to make sure any delay is as short as possible. When a delay occurs we will try to make sure refreshments or meals are provided when appropriate. We will not do this ourselves as such arrangements will normally be the responsibility of the relevant airline. If you have taken out our recommended travel insurance or a comparable policy you may have cover against delays.
A.14: Local charges and tourist taxes
Unless we have stated that a service or facility is included or free in our accommodation descriptions you may be asked to pay a charge locally. For example local tourist taxes, room services (i.e. minibar), health and beauty treatments, snacks and drinks etc.
Tourist taxes are payable by you when you check out of your holiday accommodation. Charges vary by destination and are subject to change.
Taxes for children are age-dependent. To find out the most up to date tourist taxes for your chosen holiday accommodation please contact us.