Terms & Conditions
The following booking conditions, along with your confirmation invoice, together with the general information contained on our website form the basis of your contract with iGOSKI Limited which includes the trading names Alpine Elements and Ocean Elements (company number 06665654) of 7 Bell Yard, London, WC2A 2JR (“iGOSKI” or “we” ”us” or “our”.) Please read them carefully as they set out our respective rights and obligations. In these booking conditions references to "you" and "your" means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them, as the context requires. “Holiday”, “booking” and “arrangements” means such holiday arrangements as we make for you. References to “departure” are to the start date of the arrangements we have contracted to provide.
Please note: We act in the following capacities: as a package organiser in the sale of a package holiday or as a principal in the sale of single-component bookings (i.e. water sports, active packs, transfers or catered or self-catered accommodation only bookings). Our obligations to you may vary depending upon which arrangements you book with us:
(A) Section A contains the conditions which will apply to all bookings.
(B) Section B contains the conditions which will apply when you make a booking with us where we act as the package organiser.
(C) Section C contains the conditions which will apply where you make a single component booking with us, where we are acting as principal.
You will know in what capacity we are acting because we will tell you prior to your booking being completed and your confirmation invoice will confirm this.
1. MAKING YOUR BOOKING
(a) The first named person on the booking ("party leader") must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all members who are under 18 when the booking is made. By making a booking the party leader confirms that he/she is so authorised and that all party members agree to be bound by these booking conditions. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made.
(b) Subject to the availability of your chosen arrangements, we will confirm your holiday by issuing a confirmation invoice.
(c) The confirmation invoice will be sent to the party leader. Please check this carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation, acknowledgement or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within 24 hours of you receiving it. We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
(d) If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions (for example, to request an amendment) providing you do so to email@example.com
(e) If you have a medical condition or a member of your party is a person of reduced mobility, please let us know before making a booking so we can ensure that the booking is suitable for you. See clause 6.
2. PRICES, PAYMENTS AND DEPOSITS
(a) In order to confirm your chosen arrangements, you will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you, this date will be shown on the confirmation invoice. Reminders are not sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time we are entitled to assume that you wish to cancel your booking in which case the cancellation charges set out in clause 7 will become payable.
(b) We reserve the right to increase or decrease the prices of unsold arrangements at any time. We also reserve the right to increase or decrease and correct errors in advertised prices at any time before your arrangements are confirmed. Coronavirus and the measures taken by governments, public authorities and businesses to manage its effects (such as social distancing) is likely to have a significant effect on the price of holiday arrangements for a considerable period of time. Such measures may be introduced or changed with little or no prior notice. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
(c) Once the price of your chosen arrangements have been confirmed at the time of booking, we will only increase or decrease the price in the following circumstances. Price increases after booking will be passed on by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this clause, if our costs increase as a direct consequence of a change in (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources or (ii) the level of taxes or fees on the travel services included in the contract imposed by third parties not directly involved in the performance of the package including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports or (iii) the exchange rates relevant to the arrangements.
(d) You will also be entitled to a price reduction where there is a decrease in our costs as a result of a decrease in the costs referred to in this paragraph which occurs between confirmation of your booking and the start of your holiday.
(e) 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. If any surcharge is greater than 8% of the total holiday cost, clause 16 (for packages) or clause 23 (for single component bookings) will apply on the basis the surcharge is a significant change. You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not less than 20 days before departure. Where a reduction is applicable, we are entitled to deduct our administrative expenses from the refund. Any surcharge must be paid with the balance of the holiday cost or within 14 days of the issue date printed on the invoice, whichever is the later.
(f) Please note that arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your holiday due to contractual and other protection in place.
3. YOUR CONTACT
(a) A binding contract between us comes into existence when we issue our confirmation invoice to the party leader. No confirmation invoice will be sent to you unless all necessary deposits have been paid.
(b) We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below.
(c) We both also agree that any claim (and whether or not involving any personal injury) must be dealt with by the courts of England and Wales only unless, in the case of court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and claim governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply).
The information contained on our website or in any promotional materials is believed to be correct to the best of our knowledge at the time of publication. However, errors may occasionally occur and information may subsequently change. You must therefore ensure you check.
(a) It is a condition of our acceptance of your booking that you obtain adequate and specialist insurance cover for all persons named on the booking to cover all the activities to be undertaken on the holiday whether as part of this contract or otherwise. This insurance must include cover for (i) cancellation or curtailment of your holiday as a result of circumstances outside your control (including accident or illness and inability to travel for other reasons), (ii) personal accident, (iii) personal liability, (iv) medical expenses and repatriation in the event of medical need. Please note, it is your sole responsibility to ensure that the travel insurance purchased is suitable for your particular needs, including without limitation, in respect of any pre-existing medical condition (which must be disclosed to the insurer prior to purchasing the policy.)
(b) Please be aware that any advice against non-essential international travel (including as a result of the coronavirus pandemic) issued by the UK Foreign, Commonwealth and Development Office (or equivalent authorities outside the UK for citizens of those countries) may have an impact on your travel insurance. You must check the policy terms prior to purchasing your insurance.
(c) Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
6. SPECIAL REQUESTS
(a) If you have any special request, you should advise us at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) if it is important to you. Any special request which we have accepted will be specifically confirmed as accepted on your confirmation invoice.
(b) Our arrangements may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
(c) Should you suffer from any medical condition, disability or significant reduction in mobility which may affect your holiday (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed.
7. CHANGES OR CANCELLATION BY YOU
(a) If you wish to change any part of your confirmed arrangements, you must inform us in writing as soon as possible. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person together with any costs or charges incurred or imposed by any of our suppliers. We will send you an amended confirmation invoice confirming any agreed changes. We cannot ordinarily make any changes within 84 days of departure and changes (except to names) will usually incur full cancellation charges. A change of holiday dates will normally be treated as a cancellation of the original booking and rebooking in which case cancellation charges will apply. Changes may result in the recalculation of the holiday price where, for example, the basis on which the price of the original holiday was calculated has changed.
(b) Please note that any booking discount you may have received at the time the original booking was made, may be altered or reduced whenever changes are made.
(c) You may transfer your booking or your place on the booking to someone else (introduced by you) without payment of our cancellation charges providing the request for the transfer is made in writing not less than 7 days before departure. The person(s) to whom you wish to make the transfer must also satisfy all conditions which form part of your contract with us. Requests for transfer must be accompanied by the name and other applicable details of the replacement person(s). Where a transfer to a person of your choice can be made, all costs and charges incurred or imposed by any of our suppliers, together with an amendment fee of £50, must be paid before the transfer can be effected.
(d) As certain arrangements cannot be changed after a reservation has been made, name changes, other alterations and cancellation affecting these services are likely to incur a 100% cancellation charge and the applicable cost of rebooking the service. The rebooking will always be subject to flight availability and to the payment of the full cost of the new ticket.
(e) You may cancel your confirmed booking at any time before departure. You may also transfer your booking as referred to above. If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing by post or email. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We recommend that you use recorded delivery. We will ask you to pay cancellation charges on the scale shown below based on your original booking departure date. In calculating these cancellation charges, we have taken account of possible cost savings and the generation of income from other bookings which may be able to utilise cancelled services to the extent this is likely to be achievable. Cancellation charges are calculated on the basis of the total cost payable by the person(s) cancelling, excluding insurance premiums and any amendment charges (which are not refundable in the event of cancellation).
|Time we receive your notice to cancel before departure||Cancellation charge|
|More than 84 days||Loss of deposit|
|84 to 64 days||30% of total cost of holiday|
|63-50 days||50% of total cost of holiday|
|49-29 days||70% of total cost of holiday|
|28-15 days||90% of total cost of holiday|
|Less than 14 days||The full holiday cost (including extras)|
Note 1: *Please note that certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above, regardless of when the trip is cancelled.
Note 2: If any member of the booking cancels and you cannot fill that person’s place, you may have to pay additional supplements for your accommodation. For example, you may have to pay single or under-occupancy supplements.
(f) Special rules apply to the cancellation of extras such as prepaid equipment hire, ski lessons and lift passes. Refunds are not available in respect of extras that are booked but not used, or which are partially used. The table below details charges that will be levied in the event that you wish to change any of these arrangements such as a ski extra, excursions, private tuition or any other additional activities/services. If you cancel any extras we will pass on any costs imposed by the provider of the service.
|Time we receive your notice to cancel before departure||Charge for change|
|More than 28 day||Free of charge|
|28-8 days||50% of the item cost|
|7 days or fewer||100% cost of the item|
8. BEHAVIOUR AND DAMAGE
(a) We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you behave in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to any property, we are entitled, without prior notice, to terminate the booking of the person(s) concerned. In this situation, the person(s) concerned will be required to cease all use of the holiday services including leaving any accommodation. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses, costs or loss incurred as a result of the termination.
(b) You and/or your party agree that any accommodation provided as part of your arrangements is only for the use and enjoyment of the persons named on the confirmation invoice. You may not allow any other person to stay there, doing so will be in breach of your contract and will allow us or our suppliers to terminate your holiday accommodation.
(c) We may require a damage deposit as a precaution against any damage sustained to any property during your stay. The level of damage deposit will be advised when booking. This can be paid in cash or held against your credit card. In the event of any damage, we would only debit an amount equal to the damage or repairs required, with your consultation after a full inspection. Payment of the deposit may be organised on the first day of your holiday, upon your arrival or in some circumstances before arrival on holiday.
(d) You and/or your party will also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses over and above any security deposit (reasonably estimated if not precisely known) must be paid directly to the supplier (or us) prior to departure. If the actual cost of the loss or damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will also be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) as a result of your actions. You should ensure you have appropriate travel insurance to protect you if this situation arises.
9. EXCURSIONS AND ADDITIONAL ACTIVITIES
(a) We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We usually have no involvement in any such activities or excursions which are not operated, supervised, controlled or endorsed in any way by us. They are usually provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clauses 17(1) (in relation to package bookings) or 24(1) (in relation to single component bookings) of our booking conditions will not apply to them. We do not, however, exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
(b) We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to in our brochure, on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.
(c) Where any activity or excursion is provided by us section C will apply on the basis that any booking is a single component booking.
10. PASSPORT, VISA AND IMMIGRATION REQUIREMENTS AND HEALTH FORMALITIES
(a) The passport and visa requirements applicable to the holiday arrangements we offer are shown on our website. You must check entry and other official requirements for all countries to or through which you are travelling as well as any requirements applicable on your return to your home country, at the time of booking and in good time before and close to departure. Requirements are likely to change and travel restrictions may be imposed (which could be at no or very short notice prior to departure). You must also keep up to date with this information while you are away.
(b) A British passport would usually take approximately 3 to 6 weeks to obtain but it is currently (December 2020) taking much longer. If any member of your party (who is a British citizen) is 16 or over and hasn't got or previously held a British passport, even more time needs to be allowed as the UK Passport Service has to confirm your identity before issuing your first passport. If any person on the booking is not a British citizen or holds a non-British passport, you must check the applicable passport and visa requirements with the embassy or consulate of the country (ies) to or through which you are intending to travel. Please ensure that you check the latest position on applying for or renewing a passport at the earliest opportunity.
(c) Details of any compulsory health requirements applicable to your holiday are shown on our website. 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 coronavirus) in good time before departure. Details are available from your GP surgery, local travel clinic and the National Travel Health Network and Centre http://travelhealthpro.org.uk/. Information on health abroad is also available on www.nhs.uk/Live-well/healthy-body/before-you-travel. For holidays in the EU/EEA whilst they remain valid you should obtain an EHIC (European Health Insurance Card) prior to departure from www.ehic.org.uk. An EHIC is not a substitute for travel insurance. Vaccination and other health requirements/recommendations are subject to change at any time for any destination, including at short or no notice. Please therefore check with a doctor or clinic or other reliable source of information not less than 6 weeks prior to departure and also closer to departure to ensure that you are aware of and can meet the necessary requirements and have the latest information. Please be aware that there may be enhanced screening/monitoring at exit and entry points both in the UK and overseas. In certain situations and when arriving from certain countries, you may be required to self-isolate or quarantine for a set period on arrival.
(d) 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. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to obtain and carry all required documentation or to otherwise comply with all applicable requirements (including health/coronavirus related ones). 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 are unable to travel as a result of failure or inability to comply with any health related or other requirements, cancellation charges will apply as referred to in clause 7.
11. FOREIGN OFFICE ADVICE
The UK Foreign Commonwealth and Development Office publishes regularly updated travel information which is relevant to your holiday on its website www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are strongly recommended to consult before booking as well as close to and in good time before departure. Up to date UK border control measures are available at www.gov.uk/uk-border-control.
(a) In the unlikely event that you have reason to complain or may have a basis for making a claim in respect of any aspect of your arrangements, you must tell us soon as possible whilst you are still on holiday and complete a customer service form so that we may assess your complaint and take such action to address it as is justifiable in all the circumstances.
(b) In addition you must put any complaint in writing as soon as you return home and in any event so that it reaches us within 28 days of your return so that we might be in a position to make reasonable enquiries about it.
(c) It is difficult for us to investigate complaints after the passage of time and therefore, you agree that in all cases (except only those involving personal injury or death) where a complaint is not received in writing within 28 days as outlined in 12 (b) we shall not be liable to pay any compensation in respect of such complaint.
13. UNAVOIDABLE AND EXTRAORDINARY CIRCUMSTANCES
Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of, unavoidable and extraordinary circumstances. In these booking conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural disaster, adverse weather conditions, fire, flood, an outbreak of a serious illness at your holiday destination, closure, restriction or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity.
14. CONDITIONS OF SUPPLIERS
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable international conventions or EU regulations. Copies of any relevant parts of these terms and conditions are available on request from us or the supplier concerned. Copies of the relevant parts of these terms and conditions and of the international conventions / EU regulations are available on request from ourselves or the supplier concerned.
15. TAKE CONTROL
It is your responsibility not ours to:
(a) check that tickets, vouchers and travellers match and that every person on the booking form has appropriate travel documentation (including valid passports and visas), photo-identification and insurance so that each person on the booking form is entitled to enter the country where the holiday is to take place;
(b) check that the details on the confirmation invoice (including any extras such as ski lift passes and ski lessons) reflect what you wanted to book;
(c) ensure that everyone is at the right airport in time to check-in and that transfer transport used from airport to accommodation and back will arrive in sufficient time;
(d) look after your own baggage and equipment and ensure that you are carrying no more than the permitted allowance;
(e) take care of the accommodation in which you stay and any equipment you hire or borrow during your holiday and in particular to take reasonable care to avoid being the cause of any accident during the course of your holiday activities;
(f) ensure that any equipment you use whether hired, borrowed or your own (irrespective of whether it is provided by us or our suppliers) is suitable and sufficient for your purposes. In hiring, lending or allowing you to use equipment we and our suppliers do not take any responsibility to assess your experience, ability or suitability to use the equipment or to advise you whether the equipment is suitable or appropriate for you or your needs. It is also your responsibility to ensure that equipment is in good condition and working order and to report any concerns you have about any malfunction or fault immediately;
(g) be responsible for any damage to or theft or loss of any equipment hired or borrowed during your holiday as well as damage you cause to other persons or their property or equipment and you will indemnify us against all claims, liabilities, loss, damage, expense, interest and costs whether direct or indirect that we may suffer or incur as a result of you or any person on the booking form causing injury, loss or damage to other persons or property;
(h) carry adequate insurance cover against the risk that as a result of your use of equipment you cause damage either to the equipment or to other persons and/or their property. You should note that it is a condition of hiring, borrowing or use of any equipment during your holiday;
(i) provide us with your detailed and accurate contact information so that we can keep you informed about your holiday plans;
(j) make your room allocation requests or preferences clear to reduce the risk of errors;
(k) provide clear and detailed information to us if any person undertaking any of our holiday activities suffers from any allergy , illness or disability;
(l) recognise that many holiday activities are vigorous and adventurous and/or involve some incidental risk of injury and it is your responsibility to ensure that you have the required level of fitness and skill to participate in such activities. In particular if you are traveling with children they remain your responsibility and you should exercise care in deciding whether your children are capable or undertaking the activities that are selected for or by them. Our local staff and suppliers are not teachers or childminders and are not to be considered in loco parentis;
(m) inform any guide, supervisor , representative or instructor immediately in the event that you consider any activity to be unsafe or inappropriate for yourself or any other person participating;
(n) behave responsibly when participating in sailing and other watersports activities. Whilst support boats are often available for teaching, training and general assistance for participants in watersports and sailing, they are not a rescue or emergency service and are not always crewed by qualified instructors or rescuers. We and our suppliers are not responsible to provide emergency or rescue services to you whilst participating in sailing or watersports;
(o) provide our suppliers with accurate information regarding your sailing qualifications and experience during your initial assessment and to raise any concerns or questions you may have regarding the usage of the yacht at your training sessions. Please note that it is your responsibility to ensure that you have the correct qualifications and evidence of those qualifications with you on holiday. You will not be able to charter a yacht without these. If you do not have the correct certificates, documentation or experience you may be required to hire a local skipper at your own cost. You should note that skippers are not always available unless booked in advance.
SECTION B: PACKAGE HOLIDAY BOOKINGS
This section only applies to package holidays booked with us. Package holiday has the meaning in Regulation 2(5) of the Package Travel and Linked Travel Arrangements Regulations 2018. Please read this section in conjunction with Section A of these booking conditions.
You will know that you have booked a package with us because we will tell you this prior to booking and your confirmation invoice will confirm that it is a package.
The Package Travel and Linked Travel Arrangements Regulations 2018 will apply to your package holiday contract. For more information on your rights under these regulations please see the link https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents.
16. PACKAGE HOLIDAY CHANGES /CANCELLATIONS BY US
(a) Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this clause 16. 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 as referred to in clause 6. Where we have to do so, clauses 16(d) and 16(e) will apply.
(b) All alterations which are not significant in accordance with clause 16(a) will be treated as insignificant changes. A change of flight time 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 and with similar facilities will also all be treated as insignificant changes. . Please bear in mind that coronavirus and the measures and other action being taken by governments, public authorities and businesses to manage its effects (including implementation of mandatory social distancing, face masks/coverings, hand sanitisation and temperature checks) is likely to have an impact on holiday arrangements for a considerable period of time. We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures / action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure. Any impact which such measures / action has on your holiday will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.
(c) All group holidays require a minimum number of bookings to enable us to operate them and we reserve the right to cancel any such holiday where this minimum number is not achieved. You will be advised before your booking is accepted of the minimum number applicable to your holiday. Failure to achieve this 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.
(d) In the event we have to significantly alter any of the main characteristics of your confirmed 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.
(e) If you choose to cancel your booking in accordance with clause 16(d), we will refund all payments you have made to us within 14 days of the date the cancellation takes effect and terminates your contract (which is usually the date we send you a cancellation invoice following receipt of your written cancellation notification). If we don’t hear from you with your decision within the specified period (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 14 days 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 clause 13).
(f) Where your holiday is subject to a significant change or is cancelled by us, you will be entitled to the following compensation which you agree is a reasonable assessment of the inconvenience, loss and any expenses which a significant change or cancellation will likely cause you:
|Change/Cancellation period||Compensation (pp)|
|More than 70 days||£Nil|
|14 days or fewer||£70|
Note 1: Compensation payments relating to a child place for which you have paid a child price are half the amounts shown below (up to half the child price paid). There are no compensation payments payable to those travelling on ‘free child places’, ‘free group places’ or infants.
Note 2: Independent travel arrangements (e.g. internal flights, airport parking etc. that you arrange separately) 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 amendment or cancellation charges incurred by you in respect of any such independent travel arrangements.
(g) 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 (see clause 13) and we notify you 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 group holiday has not been achieved and we notify you of cancellation for this reason as referred to in clause 16(c). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the effective date of cancellation (see clause 16(e)) but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred as a result. We will of course endeavour to offer you alternative holiday arrangements where possible which you may choose to book (at the applicable price) in place of those cancelled. We also have the right to cancel if you fail to make payment in accordance with the terms of your contract in which case clause 7 will apply.
(h) Please note, a full refund entitlement only arises where we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances in accordance with clause 16(g) and we exercise our right to cancel as a result. Without limitation, you will not be entitled to a full refund and cancellation charges are likely to apply where such circumstances affect your ability to travel on your holiday rather than our ability to perform or provide the contracted arrangements. This may be the case, for example, where measures applied by the UK or any other government or public authorities (such as locally applicable restrictions) mean you are unable to leave your home/local area and/or travel to or gain entry into the country(ies) where your holiday is due to take place. The issue of advice or recommendations against travel by public authorities (such as the UK Foreign, Commonwealth and Development Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel. Any obligation to quarantine or self-isolate on your return to your country of residence does not affect our ability to provide your holiday and will not entitle you to cancel without paying our usual cancellation charges.
(i) In the event that unavoidable and extraordinary circumstances (see clause 13) occur in the place of destination of your holiday or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges and receive a full refund of all monies you have paid to us (except for any previously incurred cancellation or amendment charges). Where applicable, you must notify us 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 clause, we will send you a cancellation invoice to confirm the cancellation. Any refund then due will be paid in accordance with clause 16(e) above. We will notify you as soon as practicable should this situation occur. You will not be entitled to any compensation.
17. OUR LIABILITY IN RESPECT OF PACKAGE HOLIDAYS
(a) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient as a direct result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(b) We will not be responsible 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:-
- the act(s) and/or omission(s) of the person(s) affected; or
- the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
- unavoidable and extraordinary circumstances as defined in clause 14 above.
(c) We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us in our brochure or on our website and we have not agreed to arrange them as part of our contract and any excursion or activities you purchase during your holiday. Please also see clause 9. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(d) The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and applicable standards of the country in which your claim 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 clause 17(a). 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.
(e) Except as set out in clause 17(f) 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, 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 clause 17(f). This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(f) 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 clause 17(f). The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or EU regulation which applies to the travel arrangements in question. Such conventions and regulations include the Warsaw Convention as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 for international travel by sea (as amended by the 2002 protocol), the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.
(g) 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).
18. YOUR FINANCIAL PROTECTION
If we have sold you a package holiday we will provide financial protection.
We are not currently selling package holidays.
19. ASSISTANCE WHILST YOU ARE ON HOLIDAY
In the event you end up in difficulty (of any sort) during your holiday, we will provide you with appropriate assistance as soon as reasonably possible including by the provision of appropriate information on health services, local authorities and consular assistance and by assisting you to make distance communications and to find alternative travel arrangements as may be applicable. Where you are in difficulty as a result of your negligence, we may charge you a reasonable fee for this assistance which will not exceed the costs we actually incur.
20. DELAY AND DENIED BOARDING REGULATIONS
(a) In the event of any flight delay or cancellation at your UK or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). The ferry, tunnel or rail operator is similarly responsible in relation to any delayed or cancelled sea crossing or international rail departure. Except where otherwise stated in our brochure or on our website, we regret we cannot provide any assistance in such circumstances other than information and advice to the extent we are in a position to do so.
(b) We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Any airline concerned may however provide refreshments etc.
(c) If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules, you may use the CAA Passenger Advice and Complaints Service. See www.caa.co.uk/passengers/resolving-travel-problems for further details.
(a) In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban_en
(b) We are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
(c) If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of clause 16 will apply. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our brochure, on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
(d) Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must check your tickets 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 even after tickets have been despatched. We will contact you as soon as possible if this occurs.
(e) 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.
22. SAFETY STANDARDS
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
SECTION C – SINGLE COMPONENT BOOKINGS
This section applies to all single component bookings (i.e. water sports, active packs, transfers or catered or self-catered accommodation only bookings). Please read this section in conjunction with Section A of these booking conditions.
Please note, the single component holiday arrangements we offer and make for you do not constitute a “package” and accordingly, the Package Travel and Linked Travel Arrangements Regulations 2018 do not apply to them.
23. SINGLE COMPONENT BOOKING CHANGES /CANCELLATIONS BY US
(a) We start planning the arrangements we offer many months in advance. Occasionally, we have to make changes to and correct errors in advertising and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
(b) Please bear in mind that coronavirus and the measures and other action being taken by governments, public authorities and businesses to manage its effects (including implementation of social distancing) is likely to have an impact on holiday arrangements for a considerable period of time.
(c) We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures / action may be introduced or changed with little or no prior notice. Greater flexibility is therefore likely to be required for the foreseeable future which we would ask you to bear in mind at all times, both before and after departure.
(d) Any impact which such measures / action has on your arrangements will not constitute a significant alteration to your contracted arrangements and will not entitle you to cancel without payment of the applicable cancellation charges as a result.
(e) In the event that your arrangements cannot proceed because your single component booking is not available for any reason (except as set out below in this clause) and we are unable to provide a reasonable alternative, we will refund the payments you have made to us for your booking. We will not be responsible for any other expenses including without limitation, the cost of flights or any other form of transport.
(f) If in the 14 calendar days prior to the start of your arrangements your booking cannot proceed due to the following reasons linked to the coronavirus pandemic you will be entitled to a credit note for 100% of the booking cost to be used with us at any point up until the end of the 2021/2022 season. If you choose not to accept this credit note we will refund in cash 80% of the payments you have made to us for your booking. The remaining 20% will be retained by us to cover our operational costs in accepting your booking. The accepted coronavirus related reasons for cancellation are as follows:
• the authorities of the country to where you are travelling impose regional or national restrictions which result in the closure of their border to non-residents, closure of the resort or essential facilities or necessitate the closure of your accommodation.
(g) Please note, a refund will only be provided where we are unable to provide your contracted accommodation in the circumstances referred to above. Without limitation you will not be entitled to a refund and cancellation charges are likely to apply where you are unable to travel on holiday for any reason.
(h) Very rarely, we may be forced by unavoidable and extraordinary circumstances to change or terminate your arrangements after they have commenced but before their scheduled end. This is very unlikely but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
24. OUR LIABILITY IN RESPECT OF SINGLE COMPONENT BOOKINGS
(a) We do not own, operate or control most of the services included in the single component booking arrangements which we arrange for you. These services are usually contracted by us with independent suppliers who are themselves responsible for the performance of their own services. We undertake to use our reasonable skill and care in the provision of any services which are provided by our employees in the course of their employment. For all services which are provided by any person or entity other than our employees, we undertake to use our reasonable skill and care in the selection of those suppliers, we will be responsible for booking the service, paying for it and passing on any essential information. Providing we have done this we are not responsible for their acts and omissions or for the actual performance of those services.
(b) We will not be responsible for any injury, illness, death, loss (including loss of enjoyment or possessions), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
- the act(s) and/or omission(s) of the person(s) affected; or
- the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements; or
- 'unavoidable and extraordinary circumstances’ as defined in clause 13 above
(c) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which any supplier agrees to provide for you where we have not agreed to provide these as part of our contract and any activities which we arrange for you during your holiday. Regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(d) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £250.00 per person affected. Any payment is subject to your producing appropriate proof of the contents and value of the luggage or personal possessions concerned and demonstrating that you have taken proper care of your property. For all other claims which do not involve death or personal injury, we limit the maximum amount we will have to pay you in the event that we are found liable to you on any basis to twice the cost paid by the person(s) affected.