BOOKING CONDITIONS
The following Booking Conditions, together with our Privacy Policy any other written information we brought to your attention before we confirmed your booking form the basis of your contract with Le Ski Limited, Stirling House, 139 Netheroyd Hill Road, Huddersfield HD2 2LX trading as Le Ski. Please read them carefully as they set out our respective rights and obligations.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
he/she consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
he/she is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
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. References to departure are to the start date of the arrangements we have contracted to provide.
We sell package holidays and accommodation only holidays. You will know whether your booking is a package or accommodation only as the time of booking and your booking documentation will confirm whether you have booked a package or accommodation only.
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 provisional booking for three working days from the date of the provisional booking. If we do not receive your electronic approval of the booking with acceptance of these booking conditions (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 provide us with sufficient details to complete a booking form either by phone or online via our website www.leski.com. Once the booking form is complete it will be sent by email to the party leader who is required to approve the form and to read and accept these booking conditions. The payments referred to in clause 2 below must also be paid to us at the time of booking.
It is a condition of our accepting your booking that you are covered by appropriate and adequate personal travel insurance which should be in effect when you make the booking. See clause 8 on the subject of insurance. 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 by email. If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate.
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. 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.
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 mail@leski.com.
Any authorised travel agent of ours through whom you make a booking will relay information from you to us and vice versa. For the purposes of compliance with time limits or limitation periods as set out or referred to in these booking conditions, receipt by such an authorised travel agent of messages, requests or complaints intended for us will be treated as receipt by us. However, we are not responsible for any advice given to you by your travel agent that did not originate from us.
Any money paid to an authorised agent of ours in respect of a booking covered by our ATOL is held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from the consumer by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
2. Payment
In order to confirm your booking, a deposit of £250 per person (or full payment if booking within eight weeks of departure) must be paid at the time of booking. 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. 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 7 depending on the date we reasonably treat your booking as cancelled.
Except for flight inclusive bookings, all monies you pay to one of our authorised travel agents for your holiday with us will be held by the agent on your behalf until a contract between us comes into existence. After that point, your agent will hold the monies on our behalf until they are paid to us.
For bookings covered by our ATOL, all monies paid to any authorised travel agent of ours for your holiday with us will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the travel agent’s obligation to pay such monies to us in accordance with our trading terms unless we fail financially. In the unlikely event of our financial failure, all monies held by the travel agent at that time or subsequently paid by you to the travel agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the agent to pay such monies to us.
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. We both agree that English law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us (“claim”) except as set out below.
We both also agree that any claim (and whether or not involving any personal injury) must be dealt with 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).
4. The cost of your holiday
The prices shown on our website were calculated on 29th January 2024 on the basis of then known costs and exchange rates of £1 to Euros 1.174.
We endeavour to ensure that all the information and prices both on our website and in our marketing material are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking. We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays
Coronavirus and the measures taken by local and national governments, public authorities and businesses to manage its effects (such as social distancing) is likely to have a significant effect on the price of tour 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.
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 circumstances set out in this clause. 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:
the price of the carriage of passengers resulting from the cost of fuel or other power sources or
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
the exchange rates relevant to the holiday.
Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents) and any other transport providers.
You will also be entitled to a price reduction where there is a decrease in the cost of your holiday as a result of the circumstances referred to in this paragraph which occurs between confirmation of your booking and the start of your holiday.
If any surcharge levied under this clause is greater than 8% of the total holiday cost you will have the option of accepting a change to another holiday if we are able to offer one (if this is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
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.
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.
There will be no change made to the price of your confirmed holiday within 20 days of your departure (except for reasons of Force Majeure) nor will refunds under this clause be paid during this period.
5. Lift pass offer
A 6 day 3 valleys or Espace Killy lift pass will be given to anyone paying a deposit by 31 July 2024 and full balance by 1 October 2024 for any chalet holiday on 22 December 2024 and 5, 12, 19, 26 January 2025 provided that travel is by Le Ski flight from Gatwick or Manchester. Group discounts do not apply where a free lift pass has been given. No alternatives or refunds can be offered on free ski passes.
6. Changes by you
Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee of £50 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. . You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 7.
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.
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 per change, must be paid before the transfer can be effected.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 7 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
As certain arrangements (such as flights) 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.
7. Cancellation by you
You may cancel your confirmed booking at any time before departure. You may also transfer your booking as referred to in clause 6. If you want to cancel your booking after we have confirmed it, you must do so by email or by posting or hand delivering written notice of cancellation to us or your travel agent. Your notice of cancellation will only be effective when it is received in writing by us at our offices.
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, including the possible refund of Airline Passenger Duty, 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). Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase.
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
Period before departure in which you notify us | Cancellation Charge |
More than 56 days | Deposit only |
29 – 56 days | 40% of holiday cost |
15-28 days | 65% of holiday cost |
8-14 days | 85% of holiday cost |
Less than 7 days | 100% of holiday cost |
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 re-invoice you accordingly. Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us. Please note that insurance premiums and amendments charges are not refundable in any circumstances.
Important Note: 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.
Cancellation by You due to Unavoidable & Extraordinary Circumstances
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
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 9(5) or 9(6) below. We will notify you as soon as practicable should this situation occur. You will not be entitled to any compensation.
This clause 7 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
8. Insurance
It is a condition that you and all members of your party obtain suitable Wintersports Insurance, from a reputable provider. The policy must cover the period from the date of booking to the last day of your trip and may not have a clause allowing the insurer to cancel except in exceptional circumstances e.g. fraud and misrepresentation. The policy must at least include the following:
Emergency Medical Expenses including, amongst other costs; mountain rescue, ambulance charges and repatriation;
Pre-departure cancellation of your trip or post departure curtailment cutting short your trip as a result of circumstances beyond your control (including accident or illness and inability to travel for other reasons);
Personal Liability to include, amongst other liabilities; damage caused by your negligence and your party’s negligence to the property in which you are staying and may not include a clause which restricts actions being taken by a travelling companion other than family, and must include contractual liability of the party leader for the actions of his party;
Travel and transfer delays which must include amongst other costs; additional costs incurred in the event of a delay;
The policy must include the activities you are likely to do and in particular off piste skiing with or without a guide (it is possible to ski off piste inadvertently);
Note:- There are also other sections to a Wintersports Insurance policy such as Baggage, Legal Expenses, Personal Accident and so on.
If you choose to travel without adequate insurance cover as set out in this clause, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
9. Changes and cancellation by us
9.1 Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this clause 9. 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 or your travel agent 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 16. Where we have to do so, clauses 8(4) and 8(5) will apply.
9.2 All alterations which are not significant in accordance with clause 9 (1) will be treated as insignificant changes. Carriers such as airlines may be subject to change. Any such change will not be significant. A change of flight time of less than 12 hours, airline, departure airport between London airports (Gatwick, Heathrow, Luton, Stanstead or London City), type of aircraft (if advised), destination airport or accommodation to another of a similar standard 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 social distancing) is likely to have an impact on holiday arrangements for a considerable period of time. We may, for example, be unable to provide certain advertised services or facilities as a result. Such measures / action may be introduced 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.
9.3 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 56 days before departure.
9.4 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.
9.5 For package holiday bookings if you choose to cancel your booking in accordance with clause 9 (4), we will refund all payments you have made to us within 14 days of the date the cancellation takes effect (which will usually be the date we send you a cancellation invoice). 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 Force Majeure (see clause 10)
9.6 For accommodation only bookings if you choose to cancel your booking in accordance with clause 9 (4), we will refund all payments you have made to us as soon as reasonably possible after the date the cancellation takes effect (which will usually be the date we send you a cancellation invoice). 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 as soon as reasonably possible after the effective date of cancellation (see above). No compensation will be payable or other liability accepted where a change results from Force Majeure (see clause 10).
9.7 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 Force Majeure (see clause 10) 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 9 (3). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within the relevant time frame specified from effective date of termination (see clauses 9 (5) and 9 (6)) 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. 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 6 will apply.
9.8 Please note, a full refund entitlement arises where we are prevented from performing your contracted holiday arrangements as a result of Force Majeure in accordance with clause 9 (7) and we have no option but to cancel your holiday. It is unlikely that you will be entitled to a full refund and cancellation charges are likely to apply where there are circumstances affect your ability to travel on your holiday (unless such circumstances fall into the definition of Unavoidable and Extraordinary Circumstances set out at clause 7). This may be the case, for example, where restrictions applied by the UK mean you are unable to leave the UK. The issue of advice or recommendations against travel by public authorities (such as the Foreign Office) does not automatically mean we are prevented from performing your holiday arrangements but may instead affect your ability to travel.
10. 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, loss or expense of any nature as a result of, force majeure. In these booking conditions, a force majeure event 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 or threat of war, riot, civil strife, terrorist activity or actual threatened 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. Force majeure also includes the coronavirus pandemic and its ongoing impact such as travel restrictions and the measures and other action being taken by governments, public authorities and businesses to control and manage its effects (such as the implementation of social distancing).
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Force Majeure, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
11. Our liability to you
(1) We will accept responsibility for the package holiday arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package holiday you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) For accommodation only bookings we promise to provide the services contracted, those being the chalet accommodation and related services (for example catering and cleaning of the accommodation) with reasonable skill and care. 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, do or do not do if they were at the time acting within the course of their employment.
(3) We will not be responsible or pay you compensation 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 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 holiday and which were unforeseeable or unavoidable; or
Force Majeure as defined in clause 10 above.
(4) 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 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 17 ‘Excursions, activities and general area information’.
(5) Where we facilitate the purchase of additional services such as transfers, ski hire, ski lift passes, or childcare we are not liable for the acts and default of the third parties who provide those services, including, without limitation, transfer companies, ski hire providers or ski lift providers. Therefore, providing we have selected the agent or supplier with reasonable skill and care, we will have no liability to you for anything that happens during the provision of such arrangements or any acts or omissions of the agent or supplier or others.
(6) 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 standards of the country in which your claim or complaint occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim complied with local laws and standards 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 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 holiday maker 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 11 (1). 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.
(7) Except as set out in clause 11 (8) or as otherwise permitted by English law, we do not limit liability in respect of personal injury or death which we or our employees have caused intentionally or negligently.
(8) We limit the amount of compensation we may have to pay you if we are found liable under this clause 11:
(a) loss of and/or damage to any luggage or personal possessions and money: the maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death: the maximum amount we will have to pay you in respect of these claims is up to three times the price paid by or on behalf of the person(s) affected in total in respect of package travel arrangements and two times the price paid by or on behalf of the person(s) affected in total in respect of single service arrangements. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel:
The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
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.
(9) It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:
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;
relate to any business;
indirect or consequential loss of any kind.
(10) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
(11) Where we provide you with package travel arrangements and it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
12. Complaints and problems
In the unlikely event that you have any reason to complain or may have a basis for a claim in respect of any aspect of your holiday arrangements, you must immediately inform our local representative or agent (if we have one) and the supplier of the service(s) in question. The issue can then be promptly investigated and, where appropriate, steps taken to resolve the situation. Any verbal notification must be put in writing and given to our representative/agent and the supplier as soon as possible. If we do not have or you cannot contact our local representative or agent and/or the situation is not resolved to your satisfaction within a reasonable time, you must contact us in the UK 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 the simple procedure set out in this clause, we are unlikely to be in a position to properly investigate the matter and may have been deprived of the opportunity to remedy it during your holiday. Subject to clause 11 (5), your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
13. 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 principally or exclusively in respect of (or as a result of) illness or personal injury are not admissible for settlement under the scheme.
14. Behaviour and damage
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 (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other supplier or to us as soon as possible. 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.
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.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
15. 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 11 (6)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
16. Special requests and medical conditions / disabilities / reduced mobility
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. 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.
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. Our holidays may not be suitable for people with certain disabilities, medical conditions or significantly reduced mobility. Before you make your booking, we will advise you as to whether the proposed holiday arrangements are generally suitable for someone with reduced mobility. However, reduced mobility of course means different things to different individuals as we fully appreciate that individual capabilities, restrictions and requirements are likely to vary considerably. When we refer to reduced mobility, this means any material reduction in mobility whether this is permanent or temporary and whether caused by age or by physical or mental disability or impairment or other cause of disability.
Should you or any member of your party suffer from any medical condition, disability or significant reduction in mobility which may affect your holiday (including any which affect the booking process) or has 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 the condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed.
17. Excursions, activities & website information
We may provide you with information (before departure and/or when you are on holiday) about activities and excursions which are available in the area you are visiting. We have no involvement in any such activities or excursions which are not operated, supervised, controlled or endorsed in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions and the acceptance of liability contained in clauses 11 (1) or 11 (2) of our booking conditions will not apply to them. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the area you are visiting generally or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities or excursions referred to 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.
18. 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.
19. Passports, visas and health requirements
We can provide general information about the passport and visa requirements for your trip, but this is for guidance only and it remains your responsibility to check and fulfill the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports
Special conditions apply for travel to the USA, and all passengers must have individual machine readable passports. Please check https://uk.usembassy.gov. For European holidays you should obtain a completed and issued EHIC card prior to departure. For travel taking place on or after 1st January 2020, EHIC provisions have changed and so you should check https://www.gov.uk/visit-europe-1-january-2021 and https://www.gov.uk/guidance/uk-residents-visiting-the-eueea-and-switzerland-healthcare for updates affecting your travel. You may need to apply for a Global Health Insurance Card prior to departure instead. Up to date travel advice can be obtained from the Foreign, Commonwealth and Development Office, visit https://www.gov.uk/travelaware. You must obtain comprehensive health insurance cover if you are travelling to the European Union.
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling,
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
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 carry all required documentation or 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 in clause 7.
Please note: The impacts of Brexit may change your visa, ticket and health requirements. Third country nationals may require an airport transit visa when passing through EU Member States. There is the potential for disruption at borders when travelling between the UK and EU Member States and you should allow sufficient time for this when planning any onward travel. You should check any impacts of Brexit on your travel, in advance of your departure, to ensure that you fulfil the requirements post-Brexit, including any passport validly requirements. The UK Government passport checker can be found here https://www.gov.uk/check-a-passport-travel-europe.
20. Foreign Office advice
The UK Foreign Commonwealth and Development Office publishes regularly updated travel information on its website www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk which you are strongly recommended to consult before booking and in good time before departure. You are responsible for making yourself aware of Foreign, Commonwealth and Development Office (FCDO) advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly.
21. Financial security
We hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 2307). All flights and flight inclusive holidays we offer are financially protected by the ATOL scheme. When you buy an ATOL protected flight or flight inclusive package from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit, you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent or your credit card issuer where applicable. You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
The Civil Aviation Authority can be contacted at Gatwick Airport South, West Sussex, RH6 0YR, UK tel +44 (0)333 103 6350 email claims@caa.co.uk www.caa.co.uk
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 membership number 5143 and in the event of our insolvency, protection is provided for the following:
non-flight packages
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. Please note that bookings made outside the UK 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 ABTOT’s 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/uksi/2018/634/contents/made
You can find out more about ABTOT here
22. Flights
Please note the existence of a “United Kingdom safety list” which contains details of air carriers who are subject to an operating ban within the UK. The Community list is available for inspection at https://www.caa.co.uk/Commercial-industry/Airlines/Licensing/Requirements-and-guidance/Third-Country-Operator-Certificates/
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 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 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.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in these conditions.
A number of Governments are introducing new requirements for air carriers to provide personal information about all travellers on their aircraft to the Authorities before the aircraft leaves the UK. The data will be collected either at the airport when you check in or in some circumstances when, or after you make your booking. Accordingly, you are advised to allow extra time to check in for your flight. Where we collect this data, we will treat it in accordance with our privacy policy.
23. Delay and Denied Boarding Regulations
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
Under UK Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to 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 cannot accept liability for any delay which is due to any of the reasons set out in clause 10 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.
This brochure/website is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
24. 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.
25. Privacy statement
Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out in our full privacy statement which appears here
26. Administration Charges
Bookings made within 10 days of the departure date may carry a late booking fee of £15 per person. Name changes within 8 weeks of departure can be made with a charge of £50. 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 only and are not applicable on pre-season clinics. Only holidays within the past 5 seasons are counted towards the loyalty discount.
29. Empty bed charges (EBC)
There is an extra charge for any under occupancy of bedrooms. This equates to 50% of the standard grid price for each empty bed in a room (please 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 call 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 in most parts of the UK. As a result we cannot guarantee the quality or speed of your chalet's internet 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 have been made by one of these cards we reserve the right to refund the amount paid and request payment by alternative means.
32. Damage deposits
We have recently experienced an increase in the amount of damage done to our chalets. Whilst this is accidental it does cost us a lot to return our chalets to the required high standards and we have therefore introduced a damage deposit scheme for some groups. £100 per person may be taken as a deposit before travel. This will be returned straight after the holiday assuming no damage has been done.
DANGEROUS GOODS
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
NOTICE
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
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:
This notice conforms to the requirements of European Community Regulation (EC) No 889/2002