Neilson Booking Conditions
Please read the following booking conditions carefully as they set out the terms and conditions of the contract between you and Neilson Active Holidays Limited (Co No 02987304) whose registered office is at Locksview, Brighton Marina, Brighton, East Sussex, BN2 5HA and which company trades under the name of “Neilson” (in these booking conditions referred to as ‘we’, ‘us’ and ‘our’). References to “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires.
These booking conditions are correct as of 28 September 2023. We reserve the right to amend these booking conditions at any time prior to accepting your booking. Your booking will be subject to the booking conditions appearing on our website at www.neilson.co.uk as at the date when we accept your booking by issuing to you a booking confirmation and any relevant ATOL Certificate.
Most of the holidays that we sell are a “package" ("Package Holiday(s)") for the purposes of the Package Travel and Linked Travel Arrangements Regulations 2018 (the "PTR"). This will be the case where you buy two or more of the following components in a single booking process with us: flights, accommodation and tourist services such as "Ski Extra(s)" (i.e. one or more of the following arrangements - ski equipment, lift passes and ski school). Please note that transfers between your accommodation and the airport or railway station do not count as a component of a “package”.
We will be the "organiser" of all Package Holidays, although where your Package Holiday includes any Ski Extras, you will enter into a separate contract with the supplier(s) of the Ski Extra(s) (“Ski Extra Supplier(s)”). We will enter into a contract with you as principal for the provision of the flight and accommodation elements of your booking. However, for Ski Extras, we sell these solely as a sales agent for the Ski Extra Supplier with whom you will have a contract. This is the position whether or not you purchase any Ski Extras as part of a Package Holiday. Your contract with the Ski Extra Supplier will be subject to their terms and conditions in addition to any relevant sections of these booking conditions. Where there is any conflict between these booking conditions and the Ski Extra Supplier’s terms and conditions, the Ski Extra Supplier’s terms will apply and take precedence to the extent of the conflict. We do not enter into any contract with you as principal for any Ski Extras.
For some bookings, we may agree to provide accommodation only, on the basis that you will be responsible for arranging your own flights or other transportation. “Accommodation only” bookings are bookings of accommodation arrangements which are not a Package Holiday. This usually means a booking of a catered chalet or other form of accommodation without relevant tourist services being a contractual element of the accommodation booking. The PTR do not apply to Accommodation only bookings which do not therefore benefit from the same rights as Package Holidays. We will enter into a contract with you as principal for all Accommodation only bookings which will be subject to these booking conditions. Where different provisions apply to Package Holidays and Accommodation only bookings, this will be made clear in these booking conditions.
References in these booking conditions to “Holiday(s)” or “Holiday arrangements” mean a booking of a Package Holiday or Accommodation only unless otherwise specified. Only those services which we agree to arrange, perform or provide (as applicable) as part of our contract with you or, for any Ski Extras which form part of a Package Holiday, the Ski Extra Supplier agrees to perform or provide as part of its contract with you, form part of any Holiday. References to “departure” are to the start date of your Holiday.
Any reference to an EU regulation in these booking conditions should be taken to mean the UK legislation which replaces (or has replaced) that EU regulation and/or any EU regulation which continues to have effect in the UK as a result of being incorporated into UK law (in all cases referred to as 'retained EU law'). Changes to retained EU law are likely to be made over time. Reference to any EU regulation in these booking conditions is intended to refer to the relevant retained EU law at the applicable time.
These booking conditions have four sections:
Any Package Holiday which includes a flight will be covered by the financial protection requirements of the Civil Aviation Authority. For Accommodation only bookings, unless we advise otherwise at the time of booking, you will be provided with financial security by way of an insurance policy we have purchased. Further details are set out in Section A below under "Your financial protection".
We do not own, operate or otherwise provide most of the services, facilities, accommodation or travel arrangements which make up your Holiday. These are often provided by third parties who are independent of us and with whom we enter into contracts for their provision ("suppliers").
If you have a medical condition, disability or suffer from reduced mobility, please let us know before making a booking so we can ensure that the Holiday arrangements are suitable for you.
For information specific to your Holiday, see also Essential holiday information.
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 Sailing Holidays and 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 on our website 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. Covid-19 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 firstname.lastname@example.org.
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, 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
A.4: Flight exclusive packages
When you buy a Holiday that does not include a flight, protection is provided either by way of an insurance policy issued by Evolution Insurance Company Limited (5/5 Crutchett’s Ramp, Gibraltar, GX11 1AA).
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, Stansted 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. Covid-19 and the action being taken to manage its effects (including face masks/coverings and health passes / vaccination certificates) may have an impact on holiday arrangements for a considerable period of time. Measures may be re-introduced or changed with little or no prior notice. Greater flexibility may therefore 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 covid-19 related measures 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 D.6) or is not significant.
(5) Unless the significant change is as a result of Unavoidable and Extraordinary Circumstances (see Section D.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
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 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 20 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 D. 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'
|£50 per person
|Cancellation charges will be applied - see 'Cancellation by you'
|£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
|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 (email@example.com) 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
|30% of the total cost of the holiday (or loss of deposit if greater)
|50% of the total cost of the holiday
|70% of the total cost of the holiday
|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 D), 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 D). 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 D.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. Please note, certain situations arising from or in connection with the covid-19 pandemic may constitute unavoidable and extraordinary circumstances. However, this does not mean they will entitle you to cancel and receive a full refund as set out in this clause or in regulation 12(7) of the Package Travel and Linked Travel Arrangements Regulations 2018.
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 D. 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 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 applicable international convention(s) or EU regulation(s). Such conventions and regulations include the Warsaw Convention as amended or unamended, the Montreal Convention for the Unification of Certain Rules for International Carriage by Air 1999 and for airlines with an operating licence granted by an EU country, the Regulation (EC) No 889/2002 on air carrier liability in the event of accidents, the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 (as amended by the 2002 protocol), and Regulation (EC) No 392/2009 on the liability of carriers of passengers by sea in the event of accidents, the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Travel by Rail (COTIF) as amended and Regulation (EC) No 1371/2007 on rail passengers’ rights and obligations. You may also have rights under regulation (EU) no 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway or regulation (EC) no 1371/2007 on rail passengers’ rights and obligations. Where a carrier would not be obliged to make any payment to you under the applicable international convention(s) or EU regulation(s) (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 convention(s) and EU regulation(s) 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(s) or EU regulation(s).
(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 Regulation EC 261/2004(as amended by The Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment)(EU Exit) Regulations 2019 (‘UK Denied Boarding Regulations’), 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 UK Denied Boarding Regulations. 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: Flights – Package Holidays
Where your package holiday includes flights, we will 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 will advise 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.
The flight timings shown on our website and/or detailed on your booking confirmation 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 shown on your booking confirmation. You must check the “Your travel details” section of your booking confirmation very carefully immediately on receipt to ensure you have the correct flight times and other up to date travel information. It is possible that flight times may be changed and 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.
A.15: 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.
A number of additional terms and conditions apply when you book one of our Sailing holidays, which includes a Stay and Sail Holiday (referred to in these terms and conditions as a Sailing Holiday). References in these additional terms and conditions to the ‘yacht charter’ means that part of your agreement with us which relates to the sailing element of your Sailing Holiday as well as the specific yacht charter party agreement which is referred to in ‘Local Greek Legal Requirements’ below.
In order to take charge of your own yacht, your designated skipper must have one of the qualifications referred to in this clause and another member of your party must have enough experience to be able to take charge of the boat and complete a man overboard procedure. It is a requirement of every booking which includes a yacht charter that you provide accurate and complete information regarding your sailing qualifications. In the event that any information provided is materially inaccurate or incomplete, we have the right to terminate your yacht charter (in which case cancellation charges will apply and no refunds will be made) or insist that a member of staff sails on your yacht as skipper, the cost of which will be borne by you. Please note, we are not obliged to provide a skipper in this situation and may not have a member of staff available in any event in which case the yacht charter will be terminated. If you hold RYA (Royal Yachting Association) Yachtmaster, RYA Coastal Skipper or RYA Day Skipper qualifications, you must apply for a UK ICC (International Certificate of Competence) issued by the RYA and bring this with you on holiday in addition to your RYA certificate. All original certificates must be taken with you on the yacht. You will not be allowed to take charge of your yacht unless we are satisfied that at least two members of your party meet our qualification and experience requirements and have the original documentation with them to prove this. We are also entitled, in our reasonable discretion, to refuse to allow any party to take a yacht out where we have any material safety or competence concerns and to terminate their use of the yacht and the yacht charter at any time on this basis. We are also entitled to terminate the yacht charter in the event that there is a material breach of any of the requirements referred to in this section. Cancellation charges will apply as set out in Section A.11 and no refunds will be made where the yacht charter is terminated.
B.2 Age restrictions
It is a legal requirement that all yachts must have at least two adults over eighteen years of age aboard at all times whilst at sea and that all persons aboard whilst at sea must be named on the ship’s papers. We reserve the right to put any person ashore if they are not so named. Allowing any unauthorised person to travel on the yacht may also entitle us to terminate the yacht charter in which case cancellation charges will apply as set out in A.11.
B.3 Physical demands and risks
Sailing can be challenging and requires a reasonable level of physical and mental fitness and strength. You will be expected to be able to participate in all aspects of sailing a yacht and should be physically and mentally able to do so. If you have any medical condition, disability or reduced mobility which may affect your ability to fulfil these expectations whilst on holiday or have any special requirements as a result, please inform us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. You must also promptly advise us if any medical condition, disability or reduced mobility that may affect your holiday arrangements develops after your booking has been confirmed. Although the person concerned will be the best judge of their own medical condition(s), abilities and limitations, it is crucial that all relevant information is provided to us before a booking is made. In the event that you fail to do so, we will not have any liability if we are unable to accommodate your particular requirements or if the booked arrangements are not suitable.
You understand and acknowledge that sailing involves risk, danger and potential exposure to injury and even death. You also accept and acknowledge that risk and danger may be caused by other passengers or crew who may behave negligently or fail to follow the instructions they are given. You also accept and acknowledge that risk and danger may arise from foreseeable and unforeseeable causes, including weather and other acts of nature. By making your Sailing Holiday booking, you confirm you are willingly and voluntarily assuming full responsibility for any injury, loss or damage caused by you. See also Section D.10.
As with all our holidays, it is a condition of our contract that you obtain suitable travel insurance for the entirety of your time away, see Section D.11. With respect to Sailing Holidays, the policy must cover all sailing related activities you are likely to undertake including sailing in European waters. In the event that you do not have suitable travel insurance, you will be personally responsible for meeting all costs, expenses and liabilities which would normally be covered by insurance.
B.5 Yacht damage
The price of your Sailing Holiday includes a yacht damage waiver, security deposit and marine insurance. On return of the yacht to base, the Neilson Team will inspect it to ensure there is no apparent damage or loss. On inspection, if we reasonably determine that any damage or loss is likely to have been caused by deliberate acts, gross negligence or wilful misconduct of any member of your party, you will be responsible for that damage or loss (together with all related expenses, costs (including legal costs) and third party claims). Damage and loss which arises in these circumstances is excluded from the yacht damage waiver and security deposit and may not be covered by the our marine insurance.
B.6 Your Responsibilities
We expect all clients to have proper consideration for other people, themselves and any property with which they come into contact including the yachts. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to the yacht, other watercraft or other property (including as a result of excessive alcohol consumption), the Neilson Team are entitled, without prior notice, to terminate the holiday of the person(s) concerned. Where we reasonably consider it appropriate to do so, we are also entitled to terminate the yacht charter with immediate effect. In this situation, the person(s) concerned / entire party, as applicable, will be required to leave the yacht and we will not be under any obligation to provide any other services, including accommodation or onward / return travel arrangements. . No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
You are not permitted to smoke above or below decks on any of our yachts on our Sailing Holidays.
Whilst on your Sailing Holiday, you must take good care of your yacht and all equipment provided with it as you are responsible for this. You must also follow all instructions you are given before setting off and during your cruise including those of your skipper (where you have one) and the lead boat crew. You must also comply at all times with all rules and guidance including, for example, in respect of the disposal of waste of any nature.
You have the right to inspect the yacht and associated equipment and inventory upon boarding to ensure that all items are present and in good working condition. Following the Neilson Team boat briefing, you accept the yacht and thereafter, it is your full responsibility for the duration of the yacht charter. You will have no right to claim for any loss of time or enjoyment or for any expense which results from an accident or breakdown or failure of any part of the yacht which is caused by your acts or omissions, or from any defect(s) which is agreed and noted on the documentation during the on board briefing.
The cruising area is limited and you must only sail where instructed. The Neilson Team will inform you of any restrictions. They are also entitled to further confine the cruising area or place a competent crew (or crew member) on board if considered necessary for the safety the yacht and its occupants, in which case a daily charge will be made.
Please note, you are not permitted to sail/cruise on your yacht during the hours of darkness (which run from the start of sunset to sunrise).
Use of the yacht is for holiday pleasure purposes only. The yacht must not be used to transport any goods or carry any passengers who are not on the yacht charter booking made with Neilson. No pets are permitted on board unless otherwise agreed by us in writing.
At the end of your yacht charter, you must return the yacht at the time and to the place specified by us, in the same condition as the yacht was delivered to you, subject to normal wear and tear and any defects which are agreed and noted on the documentation during the pre-departure boat briefing. If you return the yacht late at the end your charter, or fail to return it to the specified place, you will be liable to pay a penalty charge and will be responsible for all recovery costs.
B.7 Local Greek Legal Requirements
Please note that for our yacht charters, we act as agent for our sister company, Neilson Hellas AE who own the yachts. In accordance with local Greek legal requirements, the skipper of your party will be required to sign a declaration of competence for the local authorities before your yacht will be allowed to leave port. This document is in Greek but an English translation can be supplied on request. You should satisfy yourself that you understand the content and nature of the declaration you are signing.
Upon arrival at our Greek yacht base, the designated skipper will be asked to sign a Greek yacht charter party agreement before you will be allowed to take possession of the yacht. The Greek charter party agreement will be between you, Neilson Active Holidays Limited (as agent of for Neilson Hellas AE) and our local entity, called OA Yacht Charters SA, for the charter of the yacht. This will include the details of all the crew aboard your yacht. No additional payment will be required from you under the Greek charter party agreement, or for the invoice it contains. The agreement and any related documentation needs to stay on the yacht for the duration of your yacht charter as port authorities may request to see them at any time.
To the extent there is a conflict between these booking conditions and the provisions of the Greek charter party agreement as they relate to you, these booking conditions will prevail to the extent of the conflict. B.8 Environmental responsibilities and damage It is your responsibility to respect and protect the natural environment and comply with all environmental regulations and codes of practice. This includes not causing (or doing anything which may cause) any damage to natural or artificial reefs. You must ensure you are aware of all applicable requirements including, for example, in respect of the disposal of waste and sailing in environmentally sensitive or protected marine areas. You will be solely responsible for any fees or fines applied to the yacht for any breach of environmental laws or environmental damage. We are entitled to seek payment of these from you when we are notified of them which may be after the end of your Holiday.
C.1: Contracts with Ski Extra suppliers
In relation to the sale of Ski Extras, we act as an agent for the relevant Ski Extra Supplier(s) in respect of the Ski Extras you book. When we make your booking, we will arrange for you to enter into separate contracts with each relevant Ski Extra Supplier named on your booking confirmation. This is the case even though all bookings of Ski Extras form part of your Holiday.
A contract for a Ski Extra will only come into existence between you and the Ski Extra Supplier when we issue you with a booking confirmation which includes the Ski Extra. Prior to doing so, we or your travel agent may send you an acknowledgement of your booking. Any such acknowledgement simply indicates that we are dealing with your booking request and is not a confirmation of it.
C.2: Changes and cancellations by you
The table below details the charges that we levy in the event that you wish to change your Ski Extra booking.
|Time we receive your notice to amend item before departure*
|Charge for the change.
|More than 28 days
|Free of charge
|50% of the item cost
|7 days or fewer
|100% of the item cost
* No refunds are applicable on any items that are not used once in resort. If you cancel your Ski Extra booking (whether booked at the time of booking the basic holiday or subsequently) we will pass on any costs imposed by the Ski Extra Supplier.
C.3: Changes and cancellations by the Ski Extras Supplier
We will inform you as soon as reasonably possible if a Ski Extra Supplier(s) needs to cancel or make a change to your confirmed Ski Extra booking.
If there is time before departure, we will, upon request from you, liaise with the Ski Extra Supplier and use reasonable efforts to seek (but cannot guarantee) to secure from the Ski Extra Supplier a suitable alternative.
We will have no liability to you in respect of any change or cancellation of a Ski Extra by the Ski Extra Supplier.
If you are directly notified by the Ski Extra Supplier of any change to or cancellation of any Ski Extra you have booked, it is your responsibility to act upon this and update us.
D.1: Payment terms
When you book your Holiday you will be advised, at the time of booking, what payment is required for your particular arrangements. You will be presented with 3 payment options: a deposit and balance arrangement (see D.1.1), a full balance payment (see D.1.2) or payment plan option (see D1.3). With either option you agree to pay us:
D.1.1 a deposit at the time of booking followed by the remaining balance when due if you elect not to choose the payment plan option. You will be advised of the current deposit payable at the time of booking. The remaining balance of the Holiday cost is due by the date specified on your booking confirmation which will usually be 12 weeks before your departure;
D.1.2 the full cost of the Holiday if you book 12 weeks or less before your departure (or such other period as may be advised at the time of booking);
D.1.3 a deposit at the time of booking followed by the remaining balance spread over monthly instalments debited from your credit or debit card up to 2 weeks prior to departure, as detailed on your booking confirmation. Please note that this option is not available for bookings made through an authorised travel agent; and
D.1.4 such other deposit or security payments as may be required by the supplier of the services for the arrangements in question and which are required at the time of booking. If you are purchasing a travel insurance policy through us, the premium for this will also be payable at time of booking.
The balance of the cost of your Holiday must be paid by the date specified on your booking confirmation. If you have booked through an authorised travel agent of ours, please ensure payment reaches the agent by the date they have advised so as to enable them to make payment to us. Please also see Section A.5.
Please note that we may treat your Holiday as cancelled by you if you do not make your final payment on or before the due date or do not keep up with the monthly payments in accordance with your payment plan set out in the booking confirmation. If we do this, we will keep your deposit. Whilst we are not obliged to do so, if we agree to extend the period for you to pay the final payment and you still fail to pay or cancel your booking, we will regard the contract between us as having been terminated by you and impose cancellation charges on you in accordance with the relevant ‘Cancellation by you’ provisions set out in Sections A.11 and C.2, as though the Holiday had been cancelled by you on the revised date for payment of the balance due.
D.2: Payment of deposit by instalments
From time to time and in certain circumstances, we may offer customers the opportunity to spread the payment of a deposit by offering a low deposit where customers can make an initial payment of part of the deposit upon booking (“Initial Deposit”) and pay the balance of the deposit (“Deposit Balance”) at a later date. You will be advised, at the time of booking, whether or not a low deposit option is available to you and if so, the date by which the Deposit Balance is payable. Please note that, although we may allow payment of a deposit by way of separate payments, by making a booking, you accept that you are liable to pay both the Initial (Low) Deposit and the Deposit Balance even if you choose to cancel your booking (otherwise than under the provisions of Section D.6). If you cancel your booking (otherwise than under the provisions of Sections A.6 or A.7) prior to payment of the Deposit Balance then, not only will we be entitled to retain the Initial Deposit already received but, in addition, the Deposit Balance will become immediately payable to us.
We reserve the right to cancel your Holiday if you fail to pay the Deposit Balance when due. In such circumstances, whilst we shall have no further liability to you, you will immediately be liable for payment to us of the Deposit Balance.
D.3: Method of payment
We accept the following payment cards; Maestro, Delta, Solo, Visa and Mastercard as well as payment by direct bank transfer using BACS or CHAPS.
Prevention of Fraud: We will ask you to provide your credit card or debit card billing address and cardholder details when you book. Please ensure that the details you give match those on your credit card billing statement. We reserve the right to cancel tickets after issue if payment is declined or incorrect cardholder details and billing information has been supplied to us. To help combat fraudulent activity, we reserve the right to carry out random checks, including checks of the electoral roll and may request you to send us proof of your address and a copy of the credit card and recent statement before issuing any tickets.
D.4: Best price guarantee
In common with all other operators in the travel industry, we operate a dynamic pricing policy whereby the price for a particular holiday can vary on a daily basis according to demand and availability. We guarantee that if the exact same package (departure date, flights, duration, rooms, passenger numbers) is advertised at a lower price on our website within 48hrs of booking your Holiday, we will adjust the price of your booking to match that lower price. Please note that this guarantee does not apply where prices are found via Travel Agents or on other third-party websites or offered in emails received from third parties or where prices are only available by using a voucher/other promotion not offered to the general public. In order to take advantage of this guarantee and adjust your booking accordingly, you must send us an e-mail to firstname.lastname@example.org within 96 hours of making your booking.
D.5: Partner membership discounts
Where applicable, discounts will be applied to the advertised basic holiday price. The discount does not apply to any optional extras or services added to the booking. The offer cannot be applied retrospectively and Neilson reserves the right to withdraw this offer or change the level of the discount at any time. You must have a valid membership applicable to the relevant partner which commenced at least one month before the date of booking to be entitled to the discount. The discount is valid for a maximum of four people per booking per membership number (family memberships count as one membership number). For bookings over four people, the discount will be applied to the four people with the lowest cost. You must quote your membership number at the time of quote/booking, and the membership holder must travel.
D.6: Unavoidable and Extraordinary Circumstances
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation, expenses, costs or losses 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 Unavoidable and Extraordinary Circumstances.
In these booking conditions, where we refer to "Unavoidable and Extraordinary Circumstances", this means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
Such situations are likely to include (whether actual or threatened) riot, civil strife, terrorist activity, industrial dispute, natural disaster, exceptional adverse weather conditions, fire, flood, an outbreak of serious illness at your holiday destination, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity. Unavoidable and Extraordinary Circumstances also include the covid-19 pandemic and its impact on travel. When we refer to the covid-19 pandemic in these booking conditions, we mean the pandemic resulting from the illness or disease caused by the novel coronavirus which is now called severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) and any mutations or variants of the same and/or any other coronavirus (and its mutations and variants) which is treated as part of the same pandemic and/or another pandemic however described.
D.7: Resolving Disputes
If anything is not to your satisfaction during your Holiday please immediately inform both us (via the details set out below) and the relevant supplier (e.g. your hotelier) who will endeavour to resolve your problem. It is important you advise us as well as the supplier so we can both help to put things right without delay. We believe it is better for everyone to resolve problems that arise during your Holiday promptly so that you can enjoy your Holiday. However, if your complaint is not resolved locally, please follow this up within 28 days of your return home by emailing or writing to us at the details set out below, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. If you have special needs which prevent you from writing to us then, where possible, we will accept details of your complaint over the telephone. The address to send complaints to is Guest Services, Locksview, Brighton Marina, Brighton, BN2 5HA. To speak to us personally please call 0333 014 3614. Alternatively, you can e-mail us using the relevant address below: email@example.com.
Please note failure to advise of problems whilst on holiday, as described above, deprives both us and the suppliers of the opportunity to investigate and rectify your complaint whilst in resort and this may affect your rights under this contract including reducing any compensation due, potentially to zero.
D.8: Health and fitness precautions, disabilities, medical conditions and reduced mobility
Most of the activities included within our Holidays and the Ski Extras you may book through us require a certain degree of physical fitness. It is your responsibility to ensure that you have the levels of fitness required for any particular activity that you choose to take part in. If you are in any doubt please consult your GP before departure. We, and those retained by us to supervise any activities, have an absolute right at any time (including after an activity has commenced) to prevent you from undertaking or continuing to participate in any particular activity if we reasonably believe that you do not possess the necessary levels of fitness. In such circumstances, no compensation, refunds or expenses will be payable.
Our Holidays may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed Holiday arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
You must provide us with full details of any existing medical or physical condition or factor (including unusual height or weight), disability or reduced mobility issue applicable to anyone on your booking which is likely to affect your Holiday arrangements or the booking process in any respect including your ability to take part in some or all of the activities forming part of your Holiday or Ski Extra activities as well as any accommodation requirements or difficulties that may be encountered in accessing buildings or facilities, at the time of booking. You must also promptly advise us if any medical condition, disability or reduced mobility which is likely to affect your Holiday deteriorates or develops after your booking has been confirmed. If in our reasonable opinion, your medical condition, disability or reduced mobility is such that we are unable to offer suitable Holiday arrangements and/or activities for you (after taking account of the assistance which can be provided by someone travelling with you), we may be unable to accept your booking or you may not be able to participate in certain activities. We will of course discuss the situation and your particular requirements with you and do our best to find a suitable solution if we can.
Please ensure that you obtain confirmation in writing that any disability/medical condition/mobility related special request will be complied with (where it is possible for us to give this) where this is essential for your Holiday arrangements. Any special request which we have accepted will be specifically confirmed as accepted on your booking confirmation.
If you do not give us all relevant details of any medical condition, disability or reduced mobility issue which is likely to affect your Holiday arrangements at the time of booking and/or promptly after its development or deterioration after booking, we must reserve the right to cancel your booking when we become aware of all relevant details if, in our reasonable opinion, the Holiday arrangements booked are not suitable for you (after taking account of the assistance which can be provided by someone travelling with you). If we cancel in these circumstances, cancellation charges as set out in Section A.11 will be payable by the person concerned.
D.9: Illness and accidents
Should you become ill or sustain an injury while on your Holiday, or during the course of using or participating in your Ski Extra, you must, in addition to promptly reporting your illness or accident to our representative, local agent or Duty Office, consult a local doctor during your Holiday. You should also consult your GP promptly upon your return to the UK. Should you then wish to make a claim against us in respect of that illness or injury, you must provide us with details of both the local overseas doctor and your GP, together with your written authority for us to obtain a medical report from both those doctors should we or our insurers consider it appropriate to do so.
D.10: Acceptance of risk
As with all sporting activities, the nature of the Holidays we provide, the Ski Extras and activities you may choose to participate in, involve a degree of personal risk. By making your booking, you recognise that many activities, such as biking, sailing, diving and water skiing are activities with a danger of personal injury or death. Due to rough terrain and uneven surfaces on land and the dangers associated with the sea and seabed, the natural environment can, at times, be hazardous. By entering a contract with us (or in the case of Ski Extras, by entering into a contract with the relevant Ski Extra Supplier(s)).
You accept these risks and responsibility for your own actions. Although we or our suppliers may provide instructions and tuition to you as part of the arrangements you book, which will assist in minimising these risks, your booking is accepted on the basis that you understand and accept the risks involved in physical activities. If at any time you feel uncomfortable or unprepared to take part in or carry on with any activity, any instructor should be advised immediately. You are under no obligation to take part in or complete any activity. In relation to Sailing Holidays see Section B.4.
We will endeavour to ensure that reasonable, practicable and proportionate precautions are taken during your Holiday to manage the risks associated with covid-19 to the extent that services are under our control and it is possible for us to do so. However, please bear in mind that these risks cannot be eliminated. It is your responsibility to take such steps as you consider to be appropriate to protect your health.
With regard to watersports & other activities, our team of experienced staff & those of our resort partners who supply various services to our clients, organize and limit the watersports & activities according to weather conditions and the Client’s ability and experience (and we reserve the right in our absolute discretion to refuse any Client’s request to use the equipment at times or during conditions where our staff consider the safety of the Client would be jeapordized). Our supervision does not exempt any Clients from their responsibility of inspecting their equipment before use and limiting their own risk of accident or injury whilst using the equipment. We therefore accept watersports & activities bookings on condition that each member of a Client’s party accepts responsibility for any injuries suffered unless these arise from our proven negligence. This condition equally applies to the use of safety equipment, such as buoyancy aids, which are worn at all times on/in the water and bike helmets which are to be worn on all bike rides. It is a condition of booking that all Clients wishing to participate in watersports are water confident and could swim 25m in a buoyancy aid.
D.11: Insurance and EHIC/GHIC
It is important and a condition of our accepting your booking that all persons travelling are covered by appropriate travel insurance. You must purchase travel insurance prior to or at the time you book your Holiday, so that you have cancellation protection, and not just prior to your departure on Holiday. Your travel insurance must include cover in the event that you have to cancel for a reason outside your control prior to departure, for any medical expenses you may incur whilst away (including repatriation in the case of medical need) and for the activities which you may participate in during your Holiday. In relation to Sailing Holidays please see Section B.4.
Given the Covid-19 pandemic, it is important that your policy provides sufficient protection for your party both before departing on holiday (in case you, a travelling companion or a close relative contract Covid-19 or are forced to self-isolate) as well as catering for many issues that may arise during your trip (medical expenses and repatriation). Please visit our holiday extras page for further details of our preferred travel insurance partner Campbell Irvine, with policies underwritten by Allianz who are a leading travel insurer, should you need an appropriate policy. We will not be liable for any claim, liability, loss or expense which we could reasonably expect to be covered by travel insurance.
Neilson Active Holidays is an Unregulated Introducer of Campbell Irvine Ltd who are authorised and regulated by the Financial Conduct Authority. This can be checked on the FCA's register by visiting the FCA's website at www.fca.org.uk or by contacting them on 0800 111 6787.
Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs (including, for example, any pre-existing medical condition). We are not in a position to check the suitability of travel insurance policies which is your sole responsibility.
Existing issued EHIC (European Health Insurance Cards) remain valid until they expire even though the UK has left the EU. When your EHIC expires, or if you haven’t had an EHIC, you can apply for a GHIC (Global Health Insurance Card) providing you are eligible for one. A GHIC provides the same cover as an EHIC. Certain individuals may also be able to apply for a UK issued EHIC after 31 December 2020. EHIC and GHIC are free to apply for. However, both EHIC and GHIC provide only limited access to healthcare whilst you are outside the UK which also varies from country to country. They also provide no cover in the event that you require medical repatriation to the UK. Neither an EHIC nor a GHIC offer comparable protection to travel insurance and are not a substitute for travel insurance. Accordingly, you must purchase appropriate travel insurance. For more information, visit https://www.nhs.uk/using-the-nhs/healthcare-abroad/apply-for-a-free-uk-global-health-insurance-card-ghic
D.12: Travel information
It is your responsibility to meet all applicable entry and other requirements of your destination country (ies) as well as those applicable on your return home. You must ensure that all your travel documents (physical and electronic), including your passport, visas / visa waivers, evidence of covid-19 vaccination and/or negative test, evidence of any other health related requirement and currency are in order, meet all applicable requirements and are valid for travel. All costs incurred in meeting all requirements applicable to your Holiday must be paid by you. If you attempt to travel without fully complying with all requirements, you are likely to be refused boarding on your flight or other transport or entry into your destination country. Please ensure that all your travel, passport, visa, health and insurance documents are in order and that you arrive in plenty of time for checking in at the airport. It may be necessary to reconfirm your flight with the airline prior to departure. We cannot accept any liability and cancellation charges will apply (as set out Section A.11) if you are refused entry onto any transport or into any country, or decide not to travel, due to failure (or inability) on your part to obtain and carry all required documentation or to otherwise comply with all applicable requirements (including health/covid-19 related ones). Please note that we can provide general information about the passport and visa requirements for your trip, but your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant embassies and/or consulates in good time prior to departure. Any information supplied by us on these or related matters (such as climate, when to travel, clothing, baggage, personal items etc.) is given as general guidance and in good faith but we do not accept liability for any decisions made or actions not taken on the basis of the information supplied.
For British passport holders travel to Europe requires that you have a minimum of 3 months validity on your passport at the date you are due to return to the UK. From 2022 onwards, the European Travel Information and Authorisation System (ETIAS) will be effective. In order to travel to or within the Schengen Zone (which is currently 26 EU member states), you will require an electronic travel authorisation unless you need a visa. An ETIAS travel authorisation is a visa waiver and, once granted, is valid for 3 years or until your passport expires. It can only be applied for online and a fee will be payable unless an exemption applies. An ETIAS travel authorisation will be required regardless of the length of your visit. If you are unable to travel on your Holiday because you have not obtained an ETIAS travel authorisation, cancellation charges will apply. For more information, see www.etiasvisa.com.
The passport, visa and health requirements at the time of booking can be viewed on the Foreign and Commonwealth Office website (www.gov.uk/foreign-travel-advice) which you must check at the time of booking as well as in good time and close to departure. Requirements are likely to change and travel restrictions may be imposed (which could be at no or very short notice close to departure) as a result of the covid-19 situation. You must also keep up to date with this information while you are away.
If any member of your party is not a British Citizen with a British passport, you must check passport and visa requirements with the embassy or consulate of the country(ies) you are travelling to or through. Please bear in mind that passport applications are currently taking significantly longer to process than usual in the UK and many countries as a result of the covid-19 pandemic. Please ensure you check the latest position on applying for or renewing a passport at the earliest opportunity.
Details of any compulsory health requirements applicable to your Holiday are shown on our website. Please note, where you are booking well in advance of departure or at a time when requirements are changing, or can be expected to change (for example, as a result of the covid-19 situation), we may not be in a position to provide you with the relevant information at the time of booking. It is your responsibility to ensure you obtain details of and comply with all recommended and required vaccinations, health precautions and other health related measures (including those which are introduced to deal with covid-19) in good time before departure. Details should be available from your GP surgery, local travel clinic and the National Travel Health Network and Centre. Information on health abroad is also available from the NHS.
Vaccination and other health requirements/recommendations are subject to change at any time for any destination, including at short or no notice. Please, therefore, check with a doctor or clinic or other reliable sources of information not less than 6 weeks prior to departure and also closer to departure to ensure that you are aware of and can meet the necessary requirements and have the latest applicable information.
Please be aware that there may be enhanced screening/monitoring at exit and entry points both in the UK and overseas. In order to gain entry to your overseas destination(s) and/or return to the UK, you may be required to provide proof of the required number of covid-19 vaccinations (which may include any recommended booster(s)) and/or a negative covid-19 test result prior to being allowed to board your flight or other transport or enter the country. It is your responsibility to ensure that your covid-19 vaccination status and documentation meets the applicable local requirements of your destination country(ies) including, without limitation, in respect of the number of vaccination doses you have received, the time interval between and since the last of these and the means by which this is to be proved. Vaccination requirements vary in different parts of the world including in respect of children. Where required, covid-19 tests must be taken within a short time (which may be within 24 hours) of travel. There are strict requirements in respect of the tests and test providers which can be used and the information which must be provided for these purposes. If you are unable to travel due to a positive covid-19 test pre-departure, we will endeavour to assist in postponing or re-arranging your trip but the usual cancellation or amendment charges will be applicable.
In the event that you have not been vaccinated against covid-19, either at all or in compliance with the applicable requirements, you may be unable to enter your destination country(ies) or to access certain services (which may include, for example, cruises and indoor facilities such as restaurants and museums) and may encounter other difficulties. You will not be entitled to cancel (without payment of cancellation charges) or receive any refund and we will not have any responsibility for any costs or expenses you suffer as a result in any such situation.
In certain situations and when arriving from certain countries, you may be required to self-isolate or quarantine for a set period on arrival. There may also be other entry requirements such as completion of an on-line form pre-departure, proof of travel insurance including covid-19 cover and downloading a local contact tracing app. Your previous travel history outside your home country may also impact on your ability to gain entry to your destination country.
It is the responsibility of the person who makes the booking to ensure that all persons travelling are in possession of all necessary travel and health documents before departure. If failure to have any necessary travel or other documents results in fines, surcharges, other financial penalty, costs or expenses being incurred by us, you will be responsible for reimbursing us accordingly.
If you have any queries with regard to documentation and insurance requirements you must raise them with us or your travel agent well in advance of travel commencing. In the event we are asked to re-issue tickets that have been lost, destroyed or stolen and we agree and are able to do so, any charges incurred as a result of this will be payable by you.
D.13: Special requests
If you have a special request, we will do our best to help, but we cannot guarantee it except as set out below. Please advise your travel agent or us (if booking direct) of your request at the time of booking and make sure that we are given as much detail as possible. If your special request is vital to your travel arrangements, it must be specifically agreed with us in writing before or at the time you book. We promise to comply with any special request to which we have specifically agreed and confirmed in writing. General confirmation that a special request has been noted or passed on to the supplier or the inclusion of a special request on any confirmation invoice/receipt/e-mail or on the acknowledgement of your booking or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed in writing all special requests are subject to availability. If any additional cost is applicable, it will either be invoiced to you prior to your departure or should be paid for locally. Please also see Section D.7.
We want all our customers to have an enjoyable, carefree holiday but you must remember that you are responsible for your actions and the effect they may have on others. If we, or another person in authority, reasonably believe:
(a) your actions could upset, annoy or disturb other customers, our suppliers or our own staff, or put them in any risk or danger, or damage property; or (b) you are unfit to travel or remain in your holiday accommodation (including as a result of having contracted or showing any symptoms which indicate you may have contracted Covid-19);
then we may end the Holiday arrangements and terminate our contract with the person(s) concerned. Ski Extra Suppliers may cancel any arrangements you have booked with them in these circumstances. The party member(s) concerned may be prevented from using your booked accommodation, transport and any other services and activities forming part of your booking. In such circumstances, we will not be liable for any refund, compensation or any other costs you or any member of your party may have to pay as a result. Alternatively, and in our absolute discretion, you may be permitted to continue with your Holiday but may have additional terms of carriage or restrictions imposed upon you. The Ski Extra Suppliers may also, in their discretion, choose to permit you to continue with any Ski Extras you may have booked but could also impose additional terms or restrictions in relation to those Ski Extras.
In addition to the above and the effect your actions may have on others, you must take responsibility for your own safety and those around you and for maintaining the condition of the accommodation you occupy. To the extent that the law permits, we are not responsible for any accidents which occur in or around swimming pools or other similar facilities due to your inappropriate or irresponsible behaviour or for any accidents which occur anywhere on properties arising from such behaviour.
We appreciate that you may well drink alcohol as part of your enjoyment of your Holiday. You must, however, do so responsibly and, to the extent that the law allows, we will have no liability (or our liability will be limited) to you for any injury, loss or damage you suffer as a result of your judgment being impaired wholly or partly by alcohol.
We will hold you and the members of your travelling party jointly and individually liable for any deliberate or reckless damage or loss to the accommodation, furniture, facilities or equipment located within your accommodation or to which you otherwise have access or which are used as part of any Ski Extra or other activities, together with any legal costs we or our Ski Extra Suppliers incur in pursuing or defending any claim which arises as a result. It is your duty to report any breakages, defects, loss or damage to an appropriate person immediately. In relation to Sailing Holidays see also Section B.4.
If your behaviour or the behaviour of any members of your travelling party causes any transport aircraft to be diverted we and/or the carrier will hold you and those members jointly and individually liable for all costs incurred as a result of that diversion. We cannot accept liability for the behaviour of others in your accommodation or on your flight, or for any facilities/services withdrawn as a result of your actions.
D.15: Travel documents
You can download your travel documents from your online My Neilson account area. From there you can keep up to date with your booking, manage your marketing preferences and make payments too.
D.16: Flight and other travel timings
Flight timings are provided by airlines and are subject to Air Traffic Control restrictions. All means of transportation are subject to weather conditions and the need for constant maintenance and the ability of passengers to check in on time. There is no guarantee that transport will depart at the times stated on any itinerary or tickets which you receive. All timings are estimates only, and we do not have any liability to you for any delay which may arise, or for any schedule alterations. Please bear in mind that measures taken by airlines, airports, public authorities and other third parties to deal with covid-19 are likely to have a significant effect on your travel arrangements including, without limitation, on the length of time it is likely to take to check-in luggage, pass through security and board your flight. Restrictions may also be applied to hand luggage within the aircraft cabin which may result in additional charges to place luggage in the hold being incurred.
D.17: Information and prices
We publish website information many months in advance and, as far as we know, all information is correct at the time of publication. However, things may still change after publication and we check regularly to see if we need to update or correct any information or prices. If there are any significant information changes or we find any mistakes, we will put details on our computer reservation system or website so you will receive the latest information when you make your booking.
Descriptions of accommodation, facilities, services and itineraries we provide are based on information obtained from our suppliers. Sometimes the facilities described, such as air conditioning, swimming pools or equipment for activities (for example, a particular dinghy, bike or windsurfer), will be withdrawn for reasons such as maintenance, bad weather or lack of demand from guests. Where our suppliers advise us about significant changes to descriptions or about the withdrawal of any significant facility, we will tell you as soon as possible. Some activities, for example, scuba diving, water sports or golf, where not directly provided by us, or facilities such as restaurants, may not be available at all times and are normally managed by independent local operators. We have no control over their availability or prices. Outside the peak season, it is common for facilities and services to be less widely available, both in your accommodation and holiday resort/destination generally. Some activities or facilities may not be available all year round. Any transfer times we quote for travel between airport and resort are approximate and, depending on circumstances, the journey time to your own chosen property may be longer.
Please note that in the case of Ski Extra Suppliers' changes and errors, as the agent, we reserve the right to amend advertised prices at any time before your booking is confirmed on behalf of the Ski Extra Suppliers. We also reserve the right to correct errors in both advertised prices and confirmed booking prices on behalf of the Ski Extra Suppliers.
D.18: Data protection
D.19: Conditions of carriage
When you travel by air, rail or by sea, your journey may be subject to certain international conventions such as the Warsaw Convention, Montreal Convention the Berne Convention or Athens convention. You agree that the transport company’s own conditions of carriage will apply to you on that journey. When arranging this transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of these terms and conditions form part of your contract with us as well as the transport company. You can ask us to provide you with a copy of any of the conditions applicable to your journey. These may limit or exclude liability, especially in respect of lost or delayed baggage.
D.20: Brexit and your booking with us
The UK left the EU on 31 December 2020. The EU–UK Trade and Cooperation Agreement applies from 1 January 2021 and provides the basis for the UK’s future relationship with the EU. This agreement only deals with travel to and within the EU to a limited extent and there are a good many issues that remain outstanding. We can also expect that changes will be made and developments will occur which will impact on our ability to operate holidays as well as the costs involved in doing so. Some of these changes and developments are likely to constitute Unavoidable and Extraordinary Circumstances (see Section D.5). If we have to change or cancel your Holiday where this is the case, our responsibilities will be more limited than they may otherwise be. For example, we will not be liable to pay compensation or meet any expenses or costs you incur as a result. For more information on changes and cancellation by us, please see Sections A.6 and A.7. The effect of Brexit may also result in our costs increasing and/or make it uneconomic for us to operate certain types of holidays or holidays to a particular destination. We will of course endeavour to advise you at the time of booking if we are at that stage aware of any Brexit related issues which will or are likely to affect your Holiday.
D.21: Law and jurisdiction
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 involving personal injury or not) must be brought in the Courts of England and Wales only unless you are a resident of 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).