BOOKING CONDITIONS FOR EARLY BOOKING 2018-19 (bookings made up to 31/7/2018)
- non-flight packages;
- flight inclusive packages that commence outside of the EU, which are sold to customers outside of the EU *; and
- accommodation only bookings.
MAIN BOOKING CONDITIONS 2018-19 (bookings made from 1/8/2018 onwards)
The following Booking Conditions together with the General Information on this website form the basis of your contract with Le Ski Limited, Stirling House, 139 Netheroyd Hill Road, Huddersfield HD2 2LX t/as Le Ski. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them. In these Booking Conditions, ‘you’ and ‘your’ means all persons named on the booking (including anyone who is added or substituted at a later date). 'We', 'us' and 'our' means Le Ski.
1. Making your booking You are free to make a provisional booking with us at no charge by telephoning us on 01484 548996. We will hold your booking for three working days from the date of booking. If we do not receive your completed booking form (see below) and all appropriate payments (see clause 2 below) within this time, we may assume that you wish to cancel your provisional booking and it will no longer be held by us. To make a booking, the first named person on
the booking (‘the party leader’) must complete and sign our booking form. Alternatively he/she can book online via our website www.leski.com. The party leader must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By signing the booking form/submitting the online booking (as applicable) the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us and must be at least 18 when the booking is made. The payments referred to in clause 2 below must also be paid to us at the time of booking. Once we have received your booking and all appropriate payments, we will, subject to availability, confirm your holiday by issuing a confirmation invoice. This invoice will be sent to the party leader or your travel agent. If you have booked online we will send the confirmation invoice by email. If you have not booked online we will send it by post unless you have requested that we send it by email or you have made a late booking and we have advised you that we will send the confirmation invoice by email. The party leader is responsible for ensuring that all contact details, including postal and email addresses are correct and where email addresses have been given to us that these are checked regularly. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within ten days of our sending it out (five days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. The only exception to this requirement to meet costs is where the mistake in question was made by us and there is good reason why you did not tell us about it within these time limits. Please note: If the information given to us by you at the time of booking is subsequently found to be incorrect (for example child ages, past customer discounts) we will re-issue your holiday confirmation to show the correct details and any applicable increase in prices. You must pay any resulting increase in the holiday price. 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.
2. Payment In order to confirm your booking, a deposit of £200 per person (or full payment if booking within eight weeks of departure) must be paid at the time of booking (you must be insured – please see clause 7 on the subject of insurance). NB If you book online, deposits must be paid online by credit or debit card at the time of booking. The date the balance of the cost of your holiday is due will be shown on the confirmation invoice. Reminders are not sent. NB Balance payments can be paid online or offline regardless of how the booking was made. If you do not wish to pay your balance online please telephone us on 01484 548996 with your debit or credit card details or send us a cheque at the address shown above. If paying by cheque please send 2 cheques only – one for the total of the deposit(s) and one for the total of the balance(s) due in respect of each members of your party. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 6 depending on the date we reasonably treat your booking as cancelled. For flight inclusive bookings, all monies paid to one of our authorised travel agents for your holiday with us will be held on our behalf until they are paid to us or refunded to you.
3. Your contract A binding contract between us comes into existence when we dispatch our confirmation invoice to the party leader or your travel agent. This contract and all matters arising out of it are governed by English law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your holiday will 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 any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/ Northern Ireland as applicable (but if you do not so choose, English law will apply).
4. The cost of your holiday The prices shown in our brochure and on our website were calculated on 1st of August 2018 on the basis of then known costs and exchange rates of £1 to Euros 1.124. We reserve the right to make changes to 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. Once the price of your chosen holiday has been confirmed at the time of booking, then subject to the correction of errors, we will only increase or decrease the price in the following circumstances. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of any change in our transportation costs or in dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports or in the exchange rates which have been used to calculate the cost of your holiday. Even in the above cases, only if the amount of any increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges) will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause 8 ‘Changes and Cancellations by us’. You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to choose option (b) or (c) as set out in clause 8 below. If you do not tell us that you wish to choose either of these options within this period of time, we are entitled to assume that you do not wish to do so and will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later. 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. A refund will only be payable if the decrease in our costs exceeds 2% of the total cost of your holiday as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs. We promise not to levy a surcharge within 30 days of departure. No refund will be payable if our costs decrease within this period either. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
5. Changes by you Should you wish to make any changes to your confirmed holiday, you must notify us in writing including email) as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, a minimum amendment fee of £25 per person will be payable together with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. 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.
6. Cancellation by you Should you or any member of your party need to cancel your chosen holiday once it has been confirmed, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges. Insurance premiums and amendment charges are not refundable in the event of the person(s) to whom they apply cancelling. Period before departure within Cancellation which written notification of charge per cancellation is received by us person cancelling:
More than 56 days Deposit only
29 – 56 days 40%
15 – 28 days 65%
8 – 14 days 85%
0 – 7 days 100%
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and reinvoice you accordingly. If any member of your party is prevented from travelling, the person(s) concerned may transfer their place to someone else (introduced by you) providing we are notified not less than two weeks before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result together with an amendment fee of £50 must be paid before the transfer can be effected. For flight inclusive bookings, you must pay the charges levied by the airline concerned. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight.
7. Insurance You must have insurance which provides cover that is suitable and adequate for your specific requirements. We do not check insurance policies.
8. Changes and cancellation by us We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in brochure 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. Occasionally, we have to make a ‘significant change’. A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know as a tour operator, we can reasonably expect to have a major affect on your holiday. Significant changes are likely to include the following changes when made before departure; a change of accommodation to that of a lower standard for the whole or a major part of the time you are away, a change of accommodation area for the whole or a major part of the time you are away, a change of outward departure time of twelve or more hours and a change of UK departure point to one which is significantly more inconvenient for you. Where you have booked a travel inclusive holiday with us, we reserve the right to substitute an alternative method of travel in the event that the confirmed travel arrangements are cancelled as a result of force majeure (see clause 9) before departure from the UK. For example, if your flight is cancelled due to a volcanic ash cloud and a substantial delay in departure looks likely, we will where appropriate endeavour to arrange travel out to resort by coach. Where we are able to do so, the alternative travel arrangements will not constitute a significant change and accordingly, the options set out below will not be available. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options: (a) accepting the changed arrangements or (b) purchasing an alternative holiday from us, of a similar standard to that originally booked if available. We will offer you at least one alternative holiday of equivalent or higher standard for which you will not be asked to pay any more than the price of the original holiday. If this holiday is in fact cheaper than the original one, we will refund the price difference. If you do not wish to accept the holiday we specifically offer you, you may choose any of our other then available holidays. You must pay the applicable price of any such holiday. This will mean your paying more if it is more expensive or receiving a refund if it is cheaper. (c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us. Please note, the above options are not available where any change made is a minor one. If we have to make a significant change or cancel we will pay you reasonable compensation subject to the following exceptions. Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable
circumstances beyond our control, the consequences of which we could not have avoided even with all due care. No compensation will be payable and the above options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or if the change made is a minor one. A minor change is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your confirmed holiday. A change of flight time of less than 12 hours, airline (except as specified in clause 23 ‘Flights’), type of aircraft (if advised), destination airport or method of travel where the original confirmed travel arrangements are cancelled as a result of force majeure (see above) will all be treated as minor changes. Please also see clause 21 ‘Delay’ and 23 ‘Flights’. Very rarely, we may be forced by ‘force majeure’ (see clause 9) to change or terminate your holiday after departure but before the scheduled end of your time away. This is extremely 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.
9. Force majeure Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss or expense of any nature as a result of ‘force majeure’. In these Booking Conditions, ‘force majeure’ means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, volcanic ash, fire and all similar events outside our control.
10. Our liability to you Please note – the acceptance of liability set out in sub-clause 10 (1) below does not apply to any bookings you make for lift passes, ski equipment hire or ski school. Bookings for these services do not form any part of your contract with us. Please see sub-clause 10 (9) below for further information.
(1) We promise to make sure that all parts of the holiday we have agreed to arrange, perform or provide as applicable as part of our contract with you are arranged, performed or provided with reasonable skill and care. This means that subject to these booking conditions we will accept responsibility if for example you suffer death, or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the
failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: (a) the acts and/or omissions of the person(s) affected or any member(s) of their party or (b) the acts and/or omissions of a third party not connected with the provision of your holiday which we could not have predicted or avoided or (c) force majeure as defined in clause 9 above) (3) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. Please also see clause 15 ‘Excursions, activities brochure and website information’. 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. (4) 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 regulations of the country in which your claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, 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 regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, 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 regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question. (5) We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis is twice the price (excluding 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. You must ensure you have appropriate travel insurance to protect your personal belongings. Please also see clause 10(6) below. (6) Where any claim or part of a claim concerns or is based on any travel arrangements (including the process of getting on and off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotelier concerned would have to pay under the international convention which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended for international travel by air and/or for airlines with an operating licence granted by an EU country, the EU Regulation on Air Carrier Liability for national and international travel by air, the Athens convention for international travel by sea, the Berne Convention for international travel by rail). Please note: where a carrier or hotelier would not be obliged to make any payment to you under the applicable international convention or regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. (7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses. (8) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 11 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred. (9) Please note, in relation to any bookings we take and/or make on your behalf for lift passes and/or ski school and/or ski, boot or other skiing equipment hire, we act only as agent for the supplier of the services concerned. We accept no liability in relation to any contract you enter into for these services or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with them. For all arrangements, your contract will be with the supplier of the arrangements. However, in the event that we are found liable on any basis whatsoever our maximum liability to you if we are found to have been at fault in relation to any service we provide as agent for the supplier concerned (as opposed to any service provided by the supplier for whom we are not responsible) is limited to twice the cost of the booking in question. We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment.
11. Complaints and problems In the unlikely event that you have any reason to complain or experience any problems with your holiday whilst away, you must immediately inform our representative and the supplier of the service(s) in question. Any verbal notification must be put in writing and given to our representative and the supplier as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. If you remain dissatisfied, however, you must write to us within 28 days of your return to the UK giving your booking reference and full details of your complaint. Only the party leader should write to us. If you fail to follow this complaints procedure, your right to claim the compensation you may otherwise have been entitled to may be affected or even lost as a result.
12. Behaviour When you book with us, you accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct at the time to the accommodation owner or manager or other supplier. If you fail to do so, you will be responsible for meeting any claims subsequently made against us (together with our own and the other party’s full legal costs) as a result of your actions. 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 or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to property, we are entitled, without prior notice, to terminate the holiday of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation or other service. 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 or costs incurred as a result of the termination.
13. 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. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions (see clause 10 (4)). Copies of the relevant
parts of these terms and conditions are available on request from ourselves or the supplier concerned.
14. Special requests and medical problems If you have any special request, you must 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. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as ‘standard’ bookings subject to the above provisions on special request If you or any member of your party has any medical condition or disability which may affect your holiday or has any special requirements as a result of any medical condition or disability (including any which affect the booking process), please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any change in the condition or disability occurs. You must also promptly advise us if any medical condition or disability which may affect your holiday develops after your booking has been confirmed. [If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking or the condition/disability develops after booking, cancel when we become aware of these details].
15. Excursions, activities, brochure & website information
The information contained in our brochure is correct to the best of our knowledge at the time of the brochure going to print. Our brochure descriptions may refer to activities which are available in the area you are visiting. We have no involvement in any such activities which are neither run, supervised nor controlled in any way by us. They are provided by local operators who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/centres and/or assist you in booking such activities in any way. Accordingly, we cannot accept any liability in relation to such activities and the acceptance of liability contained in clause 10 (1) of our booking conditions will not apply to them. Please also see clause 10 (9).
16. Passports, visas and health requirements The passport and visa requirements applicable at the time of printing to British citizens for the holidays we offer are shown on the website www.direct.gov.uk. A full British passport presently takes approximately 4 weeks to obtain. If you or any member of your party is 16 or over and haven’t yet got a passport, our recommendation is that you should apply for one at least 6 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and will ask you to attend an interview in order to do this. Requirements may change and you must check the up to date position in good time before departure. Details of any compulsory health requirements applicable to British citizens for your holiday are shown [state where this information appears]. It is your responsibility to ensure you are aware of all recommended vaccinations and health precautions in good time before departure. Information on health is contained in leaflet T7 from the Department of Health via its website www.dh.gov.uk. For holidays in the EU/EEA you should obtain an EHIC (European Health Insurance Card) prior to departure from the Department of Health (see leaflet T7 and the website www.dh.gov.uk). Health requirements and recommendations may change and you must check the up to date position in good time before departure. It is the party leader’s responsibility to ensure that all members of the party 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 carry correct documentation. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
17. Ski hosting. Due to a dispute regarding ski hosting regulations in France, we are not able to operate our usual service with on piste guiding. Our Ski Hosts will be able to provide assistance with route planning whilst in resort. Please contact us for further information.
18. Childcare We reserve the right to exclude children from using our childcare in La Tania where their behaviour is considered inappropriate or detrimental to the safety and well being of other children or staff. Children who are ill cannot be cared for in case they infect other children. The decision to exclude a child from our childcare programme rests with our Childcare Manager.
19. Financial Protection When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with 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 re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. Many of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL certificate go to: www.atol.org.uk/ATOLcertificate.
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for Le Ski Ltd, and in the event of their insolvency, protection is provided for the following:
- non-flight packages;
- flight inclusive packages that commence outside of the EU, which are sold to customers outside of the EU *; and
- accommodation only bookings.
* Please note that flight inclusive packages that commence within the EU but outside of the UK will continue to be covered by ABTOT until the renewal of Le Ski's ATOL number 2307 in September 2018 in accordance with the transition period authorised by the Civil Aviation Authority.
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad. Please note that bookings made outside the EU are only protected by ABTOT when purchased directly with Le Ski Limited.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call our 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access the The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
20. Prices and brochure accuracy. Please note, the information and prices shown in this brochure may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of the brochure and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us or your travel agent at the time of booking. This brochure is our sole responsibility.
21. Delay. 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. We cannot accept liability for any delay which is due to any of the reasons set out in clause 10 (1) of these booking conditions (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time). In addition, we will not be liable for any delay unless it has a significant effect on your holiday arrangements.
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 be lower.
23. Flights In accordance with EU Directive (EC) No 2111/ 2005 Article 9, 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://europa.eu.int/comm/transport/air/safety/flywell_en.htm. In accordance with EU Regulations we are required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative the provisions of clause 9 ‘Changes and cancellation by us’ will apply. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our brochure, on our website and/or detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time. Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched – 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. If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation or any other payment from the airline under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004, 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.
24. Privacy statement In order to process your booking Le Ski need to collect certain personal details from you. These will include the names and contact details of party members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you. We need to pass on your personal details to the companies and organisations who need to know them so that your holiday can be provided (e.g. your airline, other supplier, credit/debit card company, bank and insurer). We will also store and use your personal details for future marketing purposes (for example, sending you a brochure or details of a promotion, including by email) if you opt in. All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs) will be kept and we will send email communications containing information and travel details as well as post travel questionnaires. Occasionally, we may share clients’ names and contact details with other companies or organisations who offer goods or services which we feel may interest you. We may need to disclose our customer database to a third party who acquires or attempts to acquire our company or our website service. If you do not want us to do any or all of these things, please let us know as soon as possible. Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out above unless you agree otherwise. We have appropriate security measures in place to protect this information.
25. Arbitration If you have a dispute with us which you are unable to resolve you may call upon the low cost ABTOT Arbitration Scheme (details on request). Claims which exceed £1500 per person or £7500 per booking form or claims which apply prinicipally or exclusively in respect of (or as a result of) illness or personal injury are not admissable for settlement under the scheme.
26. Administration Charges. All bookings made within 10 days of the departure date carry a late booking fee of £15 per person. Name changes within 8 weeks of departure can be made with a charge of £35. We are unable to cancel ski carriage once tickets have been issued.
27. Pre purchased Ski Passes. Ski pass prices are fixed at the time of purchase according to the current exchange rates. These rates and therefore the ski pass prices are subject to change. Ski pass purchases can be refunded in the event of a holiday cancellation but no refunds are available for any lift pass purchases, upgrades or amendments within 10 days of travel.
28. Loyalty discounts. These apply to full price holidays and are not applicable either on pre-season clinics or the end of season Telegraph Trip. Only holidays taken within the past 5 years are counted towards the Loyalty Discounts.
29. Empty bed charges (EBC). There is an extra charge for any under occupancy of bedrooms. This equates to 40% of the standard grid price for each empty bed in a room (please see the relevant chalet webpage). Please note there is a limit to how many EBCs are allowed in each chalet. We reserve the right to cancel/amend a booking if there are too many EBCs on it. Please contact 01484 548996 with any queries.
30. WiFi in chalets. We provide free WiFi in all our chalets wherever possible. Please note that broadband infrastructure in the mountains is not as developed and robust as it is in most parts of the UK. As a result we cannot guarantee the quality or speed of your chalet's interent connection. In addition some chalets may not have unlimited downloads. We ask that you consider other guests when downloading large music or video files as you may be limiting their usage.
31. Payments by card. We cannot accept payments made by business or corporate debit or credit card. Please call to check if you are in doubt. If an online or other payment is found to be made by one of these cards we reserve the right to refund the amount paid and request payment by alternative means.
Conditions of carriage of our airlines
Articles such as the following shall not be carried by passengers in their baggage: Firearms of any type including toys; knives or other implements, with more than three inch blades; Compressed gases (deeply refrigerated, flammable, non-flammable and poisonous, such as camping cylinders, tear gas, mace, CS gas; N.B. hair tongs/brushes using gas cylinders/butane gas may be carried in either checked baggage or hand luggage with the SAFETY COVER FITTED AND WITH A MAXIMUM OF ONE PER PASSENGER. Refills may not be taken on to the aircraft at all); Corrosives (such as acids, alkalis, mercury and wet cell batteries); Explosives, ammunitions, fireworks, flares, toy gun caps, non-safety matches and articles which are easily ignited; flammable liquids and solids (such as flammable aerosols, lighting or heating fuels, paints, thinners, fire-lighters, petrol); Oxidising materials (such as bleaching powder, peroxide); Poisons and infectious substances (such as insecticides, weed-killers and live virus materials); Radioactive Materials; Other restricted articles (such as magnetic material, offensive or irritating materials). Further information may be obtained from the CAA, Cabin Safety Co-Ordinator, Flight Operations Department, Aviation House, London Gatwick Airport South, West Sussex RH6 0YR.
CHECK YOUR TRAVEL DOCUMENTATION IS CORRECT BEFORE YOU TRAVEL
If the passenger's journey involves an ultimate destination or stop in a country other than the country of departure the Warsaw Convention or the Montreal Convention may be applicable and these Conventions govern and may limit the liability of carriers for death or bodily injury and in respect of loss of or damage to baggage. See also notices headed 'Advice to International Passengers on Limitation of Liability' and 'Notice of Baggage Liability Limitations'.
CONDITIONS OF CONTRACT
- As used in this contract: 'ticket' means this passenger ticket and baggage check or this itinerary/receipt if applicable, in the case of an electronic ticket, of which these conditions and the notices form part; 'carriage' is equivalent to 'transportation'; 'carrier' means all air carriers that carry or undertake to carry the passenger or his baggage hereunder or perform any other service incidental to such air carriage; 'electronic ticket' means the Itinerary/Receipt issued by or on behalf of Carrier, the Electronic Coupons and, if applicable, a boarding document; 'Warsaw Convention' means the Convention for the Unification of Certain Rules relating to International Carriage by Air signed at Warsaw, 12th October 1929, or that Convention as amended at The Hague, 28th September 1955, whichever may be applicable; 'Montreal Convention' means the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal, 28th May 1999.
- Carriage hereunder is subject to the rules and limitations relating to liability established by either the Warsaw Convention or the Montreal Convention unless such carriage is not 'International Carriage' as defined by that Convention.
- To the extent not in conflict with the foregoing carriage and other services performed by each carrier are subject to: (i) provisions contained in the ticket; (ii) applicable tariffs; (iii) carrier's conditions of carriage and related regulation which are made part hereof (and are available on application at the offices of carrier), except in transportation between a place in the United States or Canada and any place outside thereof to which tariffs in force in those countries apply.
- Carriage pursuant to this ticket is subject to the following: that (a) the flight(s) in respect of which this ticket is issued is/are in all respects subject to the provisions, obligations and conditions of such Charter Agreement between the carrier and such charterer relating to the flight(s); (b) the holder of the ticket or Itinerary/Receipt is duly qualified and entitled to be carried as a passenger upon the charter flight in question in accordance with all governmental and aviation authority regulations relating thereto and with any applicable provisions of such Charter Agreement; (c) all obligations of the charterer to the carrier in the terms of the Charter Agreement and otherwise and by the ticket or itinerary/receipt holder to the charterer having been duly implemented.
- Carrier's name may be abbreviated in the ticket, the full name and its abbreviation being set forth in carrier's tariffs, conditions of carriage, regulations or timetables; carrier's address shall be at the airport of departure shown opposite the first abbreviation of carrier's name in the ticket; the agreed stopping places are those places set forth in this ticket, or itinerary/receipt or any supplement to it, or as shown in carrier's timetable as scheduled stopping places on the passenger's route; carriage to be performed hereunder by several successive carriers is regarded as a single operation.
- An air carrier issuing a ticket for carriage over the lines of another air carrier does so only as its agent.
- Any exclusion or limitation of liability of carrier shall apply to and be for the benefit of agents, servants and representatives of carrier and any person whose aircraft is used by carrier for carriage and its agents, servants and representatives.
- Checked baggage will be delivered to bearer of the baggage check. In case of damage to baggage moving in international transportation complaint must be made in writing to carrier forthwith after discovery of damage and, at the latest, within seven days from receipt; in case of delay, complaint must be made within 21 days from the date the baggage was delivered. See tariffs or conditions of carriage regarding non-international transportation.
- Carrier undertakes to use its best efforts to carry the passenger and baggage with reasonable dispatch. Times shown in the Charter Agreement, this ticket or elsewhere are not guaranteed and form no part of this contract. Carrier may without notice substitute alternate carriers or aircraft, and may alter or omit stopping places shown on the ticket in case of necessity. Schedules are subject to change without notice. Carrier assumes no responsibility for making connections.
- Passengers shall comply with Government travel requirements, present exit, entry and other required documents and arrive at airport by time fixed by carrier or, if no time is fixed, early enough to complete departure procedures.
- No agent, servant or representative of carrier has authority to alter, modify or waive any provision of this contract.
- This ticket is valid only with inclusive tour arrangement or private charter. Certain governments forbid interchanging on charter flights, this means that you must travel both ways with the same party regardless of how many trips your group has booked. The carrier cannot entertain requests for changes on return flights or be held responsible for passengers either missing flights or wanting to return earlier than planned for any reason whatsoever.
REGULATION (EC) No. 889/2002 NOTICE
Limits of liability
The applicable limits of liability for your journey operated by our contracted air carriers, are as follows:
- There are no financial limits for death or bodily injury and the air carrier may make an advance payment to meet immediate economic needs of the person entitled to claim compensation;
- In the case of destruction, loss of, or damage or delay to baggage, 1,000 Special Drawing Rights (approximately EUR 1,230) and, if the value of your baggage is greater than this limit, you should inform the carrier at check-in or ensure that it is fully insured prior to travel;
- In the case of delay to your journey, 4,150 Special Drawing Rights (approximately EUR 5,100).
This notice conforms to the requirements of European Community Regulation (EC) No 889/2002