Terms & Conditions
- Information on our website is posted in good faith and is updated regularly. However, we cannot guarantee the completeness and accuracy of the information on it. Prices shown on the website are believed accurate but, in the event of any inaccuracy or discrepancy, the prices quoted by our online booking system, or our phone booking staff, will be taken to be the valid price for the holiday in question.
- Resort development, noise, attractions and activities, if we learn of building works close to your accommodation that may affect the enjoyment of your holiday, we will do our best to advise you prior to your departure. We would urge you to read the resort and hotel descriptions carefully to identify sources of noise which exist or might expect to exist, i.e. roads, bars, discos, etc.. However, it is impossible to predict noise created by individuals, machinery or traffic, i.e. temporary noise disturbances. We are informed that the activities referred to on the resort pages are available. However they are not organised by us and we cannot guarantee they will be available. Unless they are pre-booked through us as part of your package when you confirm your package holiday with us then they do not form part of your package. For any activity you book whilst on holiday your contract will be with the provider, not Untold Adventures. Certain hotels feature special features and attractions shown in property descriptions. These are accurate at the time of publication but are subject to change and cannot be guaranteed. We will advise you of any significant changes to the advertised attractions as soon as possible.
- Special needs and requests, if you have any special requests you must advise us at the time of booking and confirm them in writing or by email. Although we will endeavour to pass any reasonable requests on to the relevant service provider, no guarantees can be given that any request will be met. The inclusion of the special request on your written confirmation or any other documentation is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract. Conditional bookings cannot be accepted i.e.: any booking which is specified to be conditional on the fulfilment of a particular request. If you have a disability or medical condition requiring special travel, accommodation or dietary requirements you must let us know in advance. Please contact us before confirming your booking. Meeting your special needs cannot be guaranteed and your travel insurance should adequately cover any pre-existing medical conditions.
- Late Availability Holidays, as we act only as an agent for these types of holidays, on these holidays both your resort and accommodation will usually be allocated by the supplier (the tour operator, e.g. Crystal or Ingham’s Ski, First Choice etc.). If you have specific holiday requirements you should book from our programme in the normal way and not leave it to chance. These holidays may be subject to additional conditions to those shown in this brochure and you should check at the time of booking.
- Untold Adventures Ltd, the following Booking Conditions, along with the holiday information contained on our website, marketing material and or any brochures form the basis of your contract with Untold Adventures Ltd. They explain both your and our respective rights and obligations. 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 Untold Adventures Ltd. To avoid booking amendment charges (see cost of changes in our booking conditions), please remember to book all the additional items you require when you first confirm your holiday reservation. If you have any questions about your booking before you confirm, we recommend you call our reservations +441642 958863 (0333) 600 800 4.
5.1. Untold Adventures Ltd sells ski, sun or other holidays and tours in the following three ways.
5.2. Type 1. As a Travel Agent on behalf of the organiser, or Tour Operator. If you book a package holiday through UNTOLD ADVENTURES but that package has been supplied by a single third party supplier (“Third Party”), your contract for that package holiday will be with that third party. In the conditions set out below a booking of this type is known as a Type 1 booking. For Type (1) bookings, the terms and conditions of the Third Party will form the basis of your contract with the Third Party concerned and you will be sent a link to this organiser’s terms and conditions when we acknowledge details of the booking to you by email. You must read these carefully. We act as agent only for that Third Party and we have no liability in relation to that package or for the acts or omissions of the third party or any supplier(s) or other person(s) or party (ies) connected with that package.
5.3. Type 2- Dynamic packages and Travel Agent for other third party suppliers. If you book travel arrangements (such as transport and/or accommodation), through us but that arrangement has been supplied by a third party supplier or suppliers (“Third Party (ies)”), your contract for that arrangement will be with that (or those) third party (ies). In the conditions set out below a booking of this type is known as a Type 2 booking. Please note: For Type 2 bookings, the terms and conditions of the Third Party (ies) will form the basis of your contract with the Third Party concerned and you will be bound by them. It is important there for that when you recieve holiday confirmation that the Third Party (ies)’s terms and condition are looked at in detail by you so that you understand thier terms and any cancellation policies. You must read these carefully. We act as agent only for that (or those) Third Party (ies) and we have no liability in relation to that arrangement or for the acts or omissions of the third party (ies) or any supplier(s) or other person(s) or party (ies) connected with that arrangement. Third party terms and conditions are final, any dispute you may have are to be taken up with the third parties concerned and not Untold Adventures.
5.4. Type 3. Organised Tours or Programmes. Tours advertised, organised or run by Untold Adventures carry their own specific terms and conditions, these are detailed and can be found below.
- Making a booking with us for Type 1 and 2 holidays. Accuracy of Third party publications and Prices. As Untold Adventures Ltd act only as agents for third parties, we will have no responsibility for any errors in any documentation, including pricing errors except where those errors were made by ourselves
6.1. In order to make a booking the party leader must be at least 18 and must be authorised to make the booking on the basis of these Booking Conditions by all persons named on the booking. The party leader confirms that he/she is so authorised and that all party members agree to be bound by these Booking Conditions. The party leader is responsible for making all payments due to us.
6.2. Once we have received your instructions to confirm your holiday and all appropriate payments, and subject to availability, we will send you the following:
An acknowledgement by email that you’re booking has been received by us. This acknowledgement, (even if it includes a booking reference) simply confirms that we have passed your booking request onto the Third Party(ies) in question and is not a confirmation of your booking (unless otherwise expressly stated).
The confirmation or acknowledgement (as applicable) and all other documentation will be sent to the party leader. Please check this carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation, acknowledgement or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within 24 hours of you receiving it. Where you have made a Type 1 or Type 2 booking, we will have no responsibility for any errors in any documentation except where those errors were made by ourselves. Any acceptance of such responsibility will also be subject to the time limits set out in this clause for notifying us of any inaccuracy.
6.3. Your contract. Unless we expressly state otherwise at the time of booking, your contract comes into existence as set out in the terms and conditions of the Third Party (ies) with whom your contract is with.
6.4. The cost of your holiday. As we only act as agent for the Third Party (ies) concerned, we reserve the right to pass on to you in full all additional costs and charges of whatever nature imposed by the Third Party (ies) in accordance with its own terms and conditions. We reserve the right to correct errors in both advertised and confirmed prices. We will do so as soon as we become aware of the error. Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
6.5. Payment by you. In order to confirm your chosen holiday, a deposit (amount as is advised to you by your reservation agent) per person (or full payment if booking within 12 weeks of departure) must be paid at the time of booking. The balance of the holiday cost must be received by us not less than 12 weeks prior to departure. This date will be shown on the confirmation invoice. Reminders are not sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we acting as agent on behalf of the Third Party(ies) reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in the applicable organiser’s/supplier’s terms and conditions will be payable. Please note: Payment by credit card incurs a bank charge of 2.5% (we cannot currently accept payments by American Express). Online payment is securely handled by NatWest Merchant Services. We will provide you with a due date for balances to be paid, if balances are not paid by the due date then the original card used to secure the product or holiday will be debited for the balance no earlier than 24 hours after due date and no later than 48 hours after the due date, it is important that balances are paid on time to safeguard the holiday or product booked.
6.6. Changes by you. Should you wish to make any changes to your confirmed holiday, you must notify us in writing as soon as possible. (If you notify us by email you should receive an email within 24 hours; if you do not receive one, please contact us again.) Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests. We will levy a £10 administration fee in addition to the third party supplier’s fee. Please note: 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.
6.7. 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 – Untold Adventures Ltd, 113 Raines Court Middlesbrough, TS4 2AN and acknowledged. (If you notify us by email you should receive an email within 24 hours; if you do not receive one, please contact us again.) 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 booking fees, insurance premiums and amendment charges. Booking fees, insurance premiums and amendment charges are not refundable in the event of the person(s) to whom they apply cancelling, the applicable cancellation charge will be those set out in the booking conditions of the Third Party (ies) with whom your contract is with. In addition to the third party supplier’s cancellation charges, we will levy a £30.00 administration fee for each cancelled party member. 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. If any member of your party is prevented from travelling, the person(s) concerned may be able to transfer their place to someone else (introduced by you) providing we are given reasonable notice before departure and depending on the terms and conditions of any Third Party or Tour operator concerned. The terms of the supplier or operator are final in all circumstances, many operators provide products such as hotel rooms on a non cancellation basis, where this is the case the operators terms are final as both we and you are bound by them. Any cancellation which falls within products that are non cancelable will be charged at full cost to you on or after the due date of balance or payment required as for those products we would be charged the full cost which would be passed to you.
If any member of your party is prevented from travelling, the person(s) concerned may in certain circumsatnces be able to transfer their place to someone else (introduced by you) providing we are given reasonable notice before departure and depending on the terms and conditions of any Third Party or Tour operator concerned. This is at the discretion of the operator.
6.8. Cancellation and or changes by us. If there is a change to your booking we will pass on the new details to you together with any compensation that the Third Party (ies) may offer. As agent only for the Third Party (ies) we cannot accept any liability for any changes or cancellations made to these bookings. We cannot accept liability where a change or cancellation of one third party arrangement may affect your ability to join other third party arrangements you may have booked, irrespective of whether Untold Adventures Ltd have acted as the booking agent or not. For all bookings, flight timings may be changed by the airline; the timings shown on your holiday confirmation or acknowledgement are the latest planned timings. Your actual flight timings will be shown on your tickets, and you should check them as soon as you receive them. If the flight timings on your ticket have changed significantly, you may receive compensation.
6.9. Force Majeure, events beyond our control. 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) 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, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
6.10. Our Liability to you. In respect of any bookings we act only as an agent for the Third Party (ies) concerned. Your contract for your holiday is directly with the Third Party (ies) concerned. We accept no liability in relation to the holiday itself or for the acts or omissions of the Third Party (ies) concerned. The terms and conditions of the Third Party (ies) will apply to your contract (we will provide details of where to find their terms and conditions in our acknowledgement email sent to you at the time we take your booking.) 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 Third Party (ies) concerned (as opposed to any service provided by the Third Party (ies) for whom we are not responsible) is limited to the commission we earn or are due to earn in respect 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.
6.11. 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. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned. 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 Third Party 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 requests. If you or any member of your party has any medical problem or disability which may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If any Third Party 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, cancel when we or the Third Party (if applicable) become aware of these details.
6.12. Delay. As we act as agents only, we cannot accept any liability in the event of a delay at your homeward or outward point of departure.
6.13. Safety standards. Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
6.14. Flights. The flight timings given on booking are for general guidance only and are subject to change. The latest timings will be shown on your confirmation invoice. However, the actual flight times will be those shown on your tickets which will be despatched to you approximately two 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 despatched – we will contact you as soon as possible if this occurs.
We are not always in a position to confirm the airline, aircraft type and airport of destination which will be used in connection with any flight included in your arrangements. When this information is provided at the time of booking or subsequently, it is subject to change. Any such change will not entitle you to cancel or change to other arrangements without paying our normal charges and those of the Third Party concerned.
6.15. Financial security. You should refer to the Third Party’s (ies’) Booking Conditions and other information provided by the Third Party (ies) for details of how your booking is protected in the event of the Third Party’s insolvency.
- Complaints for type 1 and 2 bookings. As Untold Adventures Ltd only act as agent for the Third Party (ies) concerned and therefore cannot accept any liability for your holiday any assistance provided in resolving a complaint in relation to any such booking is provided on a goodwill basis and in our capacity as agent.
7.1. Arbitration. If you have made a booking your contract is with the Third Party (ies) concerned. It may in certain circumstances be possible for disputes arising out of or in connection with these contracts to be referred to arbitration under the scheme mentioned below. Arbitration may be referred, if you so wish, to a special scheme arranged by the Association of British Travel Agents and administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. Full details will be provided on request or can be obtained from the TTA website (http://www.traveltrust.co.uk/ ). This scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1000 on the amount the arbitrator can award per person in respect of this element. The application for arbitration and statement of claim must be received by the Chartered Institute of Arbitrators within 9 months of the date of return from the holiday.
- Terms and conditions for type 3 holidays and tours.
These terms of business are there for your protection and ours. They form part of or the entirety in some circumstances of the contract between Untold Adventures Ltd (US) (the company) (we) and you. We advise there for that you carefully read the terms and conditions and or print and retain a copy for you reference.
8.1. We suggest that prior to booking a course or Programme with Untold Adventures Ltd that you read the below terms and conditions. In order to book with us you must agree to our terms and conditions. The terms are an important part of the contract between us and you. The contract terms are and will only be determined should disputes arise in an English or Welsh Court irrespective of where the consumer resides or is domiciled. Should you have any questions we advise that you contact us.
8.2. The following conditions form part of every contract for ski and snowboard programmes advertised and or provided by Untold Adventures Ltd (Us). The company is registered in England and Wales, registration number 8938428, our registered office address is 2 Woodberry Grove, Finchley, London, N12 0DR.
8.3. Prices for the programmes provided by us shown on our website or any other publications are unless otherwise stated inclusive of relevant taxes, for example vat where applicable. However this is dependent on your country of residence. Our prices will be clarified at the point of booking and are subject to changes without notice.
To secure your booking each person travelling will complete a separate booking Form, these you will be sent when your plans are finalised, and you should return it to us with a non refundable deposit of £200.00 per person. The deposit we require may be higher if special terms apply, for example special offers on flights, accommodation etc, of which immediate payment is required, in these circumstances a higher deposit will be advised and requested and will under the circumstances be non refundable should you later cancel or amend the holiday or booking. We therefore advise at the time of booking that you ensure that adequate insurance is taken out to cover all eventualities.
9.1. The booking of your course or holiday is subject to mandatory insurance a copy of which will be required prior to departure or attendance on the course. We will not check the specific coverage of policies so it is in your interests to ensure that adequate cover for all activities is included. The cover should be for the full duration of the course. Should you fail to attain insurance cover for any reason what so ever you will be liable for the cancellation charges stated within these terms, and your booking will be cancelled by us and no refund will be provided.
9.2. If you book within 12 weeks of departure you must forward the full cost of your holiday with the Booking Form. Within 14 days we will send you our confirmation invoice by email which acts as our acceptance of your booking in accordance with the terms and conditions set out below. A binding contract will come into force between us and you at the time we send out our confirmation invoice, until then we shall have no liability to you whatsoever. The contract between us is made in accordance with English Law and is subject to the jurisdiction of the Courts of England and Wales only.
9.3. The non refundable deposit provided will be accepted as part payment of the final outstanding balance of the booking.
9.4. The final balance due must be received at our offices 12 weeks before the departure date. This payment date will be clearly stated on the confirmation invoice. A late payment charge of £10.00 per person per day may be applied after the due date unless we are contacted in advance and alternative arrangements are made.
9.5. If payment of the balance is not received in full, the Company reserves the right to cancel the holiday in accordance with the cancellation terms.
9.6. We do not send out reminder emails or letters to you in respect of due dates or balances, it is your responsibility to pay the outstanding balance in full a minimum of 12 weeks prior to departure. We advise that you diarise the payment date so that the appropriate arrangements can be made without missing any payment deadlines.
9.7. If, after you have confirmed your booking and paid your deposit but before your balance has been paid, you ask us to pay a supplier for a service earlier than we would normally expect to that supplier, for example paying an airline early in order that your flights may be ticketed, we will ask you for full payment for that service. The additional amount paid will be added to your deposit and will be non-refundable in the event that you subsequently cancel.
9.8. For all payments made by credit card, there is a fee applied of 2.5% of the total cost of your payment. If you cancel your holiday subsequently, the 2.5% fee is non-refundable in all circumstances.
- Surcharges – After a booking has been confirmed, unless you pay the full amount outstanding at the time of booking, your holiday or course remains subject to surcharges in certain circumstances, namely, variations in fuel costs, increases to published airfares, fees and taxes charged for services such as landing taxes, exchange rates for currency used to supply you holiday. Even in this case we will absorb or retain an amount equivalent to 2% of the holiday price excluding amendment charges.
10.1. Only amounts in excess of 2% will be surcharged or reimbursed and if this means paying more than 10% of the holiday price you will be entitled to cancel your holiday with a full refund of all money paid to the Company except for any amendment charges. Should you decide to cancel because of this you must exercise your right to do so within 14 days of the date of the invoice.
10.2. Where a surcharge or refund is payable, there will be an administration fee of £1 per person. Please note that travel arrangements for your holiday are not always purchased in local currency and some apparent changes have no impact on the price of your travel.
10.3. Some airlines may apply a surcharge after a booking has been confirmed. This surcharge can be avoided by paying the full cost of the flight as soon as the airline or their agent notifies the Company of the surcharge. In this event, the Company will give you the option to increase your non-refundable deposit to avoid the surcharge or to apply the surcharge in accordance with this clause.
- Flight and Transport Information.
At the time of publication of any brochure, marketing material and or website or Social media information we may not have the exact details of the airline operator if any, aircraft type and destination airports applicable to your particular holiday or booking, although this information will be available prior to you making your booking and will be discussed as part of your itinerary planning if relevant.
11.1. The Company reserves the right to change any of the prices, services or other particulars contained in our brochure , marketing material, offers and on our website at any time before we enter into a contract with you. Any offers printed or otherwise are an Invitation to treat only and do not form a contract whatsoever. Offers and or prices are subject to change without notification prior to any booking and must be accepted by both parties prior to any booking being made. If there is any change, we will notify you before we enter into a contract with you.
11.2. Should any of these details change after making your booking you will be advised of the changes. Should you decide to subsequently cancel the booking, you may do so in accordance with our amendments or cancellation terms.
11.3. Transport delays.
Inbound and outbound flight times are provided by airlines where applicable and are subject to change because of such matters as air traffic control restrictions, adverse weather conditions and technical problems. Flight timings are therefore estimates only and cannot be guaranteed. We shall not be held responsible for any loss, delay or costs whatsoever connected with flight delays whether booked by you or us as part of your booking.
11.4. In the event of a delay, airlines generally provide such refreshments, meals and accommodation as they deem appropriate. In addition, you may be entitled to claim under the flight delay section of your travel insurance policy. Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier’s actions.
11.5. Should you miss a flight or any transport by a third party supplier or operator(s) (working on behalf of themselves or another or for Untold Adventures) whether by your acts or omissions or the failure, act or omission or other factors of others and or third party suppliers, or such events such as Force Majeure, traffic delays or accidents, adverse weather conditions or breakdown (but not limited to these) then liability lies with that supplier , third party supplier or sub contractor only.
11.6. In these circumstances you should contact the Third party suppliers and your holiday insurance to recover costs and or to arrange any new flights, accommodation, expenses and loss of earnings or transport arrangements. Untold Adventures Ltd. will not be liable for any costs associated with missed flights and or transports whatsoever.
- Cancellation, Transfers and amendments. (See below for winter sports extras terms and conditions).
12.1 (A) by you. If you wish to change, amend or cancel the details of your booking, let us know in writing as soon as possible and we will do our best to accommodate you. Requests must be made in all cases in writing by letter or email. This must be from the lead booker signed by him or her or if incapacitated from another named on the booking or party, or authorised representative, this will be subject to identity verification for security purposes. Recorded delivery is strongly recommended.
12.2. The notification takes effect from when we receive the written notification and not when it is sent by you.
12.3. Any change is subject to availability and any airline minimum night stay requirements, any supplier’s terms, and or availability of services requested and cannot be guaranteed.
12.4. Depending on the conditions imposed by our suppliers, amendment request may be treated as cancellations, where a re booking may be required, in these circumstances you will be liable to the cancellation charges set out within our terms.
12.5. If we or our suppliers can accept the change there will be an amendment fee of £50.00 per person plus any supplier fees, such as airline costs, that may be applicable, or £10 per person for a winter sports extras amendment. Any costs for communication charges and billing etc. incurred by us will be charged to you.
12.6. You should note in particular that airlines in particular may treat a change to a booking as a cancellation and new booking and therefore charge a 100% cancellation fee. This, for example, may apply to a flight booked with an incorrect name that does not match a passenger’s passport. Airlines due to their terms and conditions, terrorism and other criminal threats are very strict in this instance and do not allow name changes to be made. If an incorrect name is given at the time of booking by you, 100% cancellation charges apply in respect of your flight cost, plus £50.00 amendment fee and a new flight will need to be purchased by you (which may be at an increased rate) to permit travel.
12.7. In a group booking where preferential group rates are obtained with certain airline carriers, if members of the group cancel and reduce numbers to below the requisite number for a group after the deposit is paid, the balance due for the Cancelled seats will be payable. There may also be additional charges for other components of your holiday. You will incur the cancellation charges as set out in this clause for general bookings and we reserve the right to recalculate the balance of the holiday accordingly.
12.8. You may change your booking up to 30 days prior to departure by transferring it to another person if you are unavoidably prevented from travelling. A medical or other certificate may be required in this instance the cost of which will be born by you. Furthermore you and the transferee must meet any conditions which may apply to the holiday and agree to the terms of the booking agreement.
12.9. The transferor and the transferee will be jointly and severally liable for the terms of this contract.
12.10. This right of transfer is subject to the payment of an administration fee of £50.00 per person together with all additional charges of whatever sort imposed by the suppliers providing the component parts of the Holiday. Please note that flight bookings are not transferable. A flight booked in the name of the transferor would have to be cancelled and a new seat booked in the name of the transferee. This is subject to availability at the time of the booking or request and at times may not be available. This is further subject at the time of request and booking of the transfer and, given that flight costs may have increased since the original booking, additional charges may apply. Ski extras are not refundable.
- Cancellation Charges.
13.1. Cancellation charges will be calculated as set out below.
13.2. For all bookings a written confirmation of cancellation will be required from you as set out above.
13.3. Cancellation charges apply from the date on which written confirmation from you is received by us and not on the date on which it was sent by you.
13.4. From date of booking to midday 12 o’clock GMT, 84 Days (12 weeks) prior to departure date or course pick up date. Loss of deposit for each party cancelling (£200.00 per person or the increased deposit for special bookings). Plus full cost of special request, payments, bookings, and season passes specialist activities and coaching etc.
13.5. From 1201 pm, (midday plus one minute), GMT, 84 days (12 weeks) to within 70 days of departure or course pick up date, times according to systems of Untold Adventures Ltd and not the customers timings. 80% of total booking cost.
13.6. 70 days to within 14 days of travel or course pick up time 90% of total booking cost.
13.7. 14 days and under of travel or course pick up time 100% of total holiday cost.
- (B) by the Company.
14.1. The Company reserves the right to make changes to your holiday arrangements after we have confirmed your booking, and if we do so, we will use our best endeavours to inform you before departure if applicable and make suitable alternative arrangements.
14.2. Any change we make to your holiday will be either major or minor. A major change includes a change of UK departure airport (not including between airports in London) if applicable and booked by us for you, a change of flight time by more than 12 hours, a change of resort or a change to a lower category of accommodation. Any other change, for example a change in airline or car Rental Company, will be classed as a minor change. If there is a minor change, we will do our best to notify you of this, but we are not under any obligation to do so or to pay you compensation.
14.3. If there is a major change Untold Adventures Ltd will of course make every effort to operate all programmes offered and as advertised, occasionally and regrettably it may become necessary to alter or modify a programme or holiday before it commences.
14.4. If we modify the programme significantly and the change undermines the programme substantially for which you and we have contracted we will notify you as soon as practicable, there may be a delay if we are operating in resort and or subject to a time difference.
14.5. If there is a major change, You will then have the choice of accepting the change, taking an alternative holiday (and where this is of a lower price, we will refund the difference, but where it is of a higher price, you must pay the difference), or withdrawing from the contract and accepting a full refund of all monies paid, excluding any amendment charges or pre booked flights or special requests or payments. (This is based on the assumption that the full balance has been paid).
14.6. Compensation will not be considered appropriate in cases where a major change has to be made as a result of force majeure or under booking (as defined below).
14.7. We reserve the right to cancel all or part of your holiday or programme. If we have to cancel your holiday you will have the choice of taking an alternative holiday where available with us, (and where this is of a lower price we will refund the difference, but where this is of a higher price, you must pay the difference) or withdrawing from the contract and accepting a full refund of all monies paid, excluding any amendment charges or pre paid flights or special requests or payments. In addition, on the assumption that the full balance has been paid and where such cancellation is not due to under booking or force majeure (as defined below), we may pay you compensation which is reasonable given the circumstances in question, however the compensation is at our complete discretion.
14.8. Under booking is the situation in which the minimum number of bookings required to run a holiday or part of a holiday or programme is not met.
14.9. Force majeure is unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers could foresee or avoid, examples of which are, but are not limited to war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions, level of water in rivers or other similar events beyond our control, such as adverse weather conditions leading to a lack of snow, poor snow conditions or resort closure due to lack of snow.
14.10. We will use reasonable endeavours to arrange an alternative course of a comparable standard.
14.11. In the event of a cancellation due to force majeure, we undertake to give an appropriate refund having regard to the circumstances, and total cost of holiday less flights and pre paid non refundable services or special extras.
14.12 In the unlikely event that we become unable to provide a significant proportion of the services you have booked after you depart, we will make alternative arrangements for you to continue your holiday at no extra charge, or, if this is impossible, or you do not accept these alternative arrangements for a good reason as defined and decided by our complete discretion, we will provide you with transport back to your point of arrival and or collection point for the course.
14.13 In addition, if appropriate, we will pay you compensation of an amount which is reasonable taking into account all the circumstances. This may not be considered appropriate, for example, in cases where a major change has to be made as a result of force majeure or under booking (as defined above). It will be considered and provided at our discretion based on factors such as price of the service or programme unavailable and not the whole cost of the holiday or course.
14.14. When you book a course or programme with us you are asked to submit details about you skiing or boarding abilities. These answers are used by us to book appropriate coaches and trainers and to best use their time, manage group sizes and place participants into relevant groups based on the abilities given to us. The answers you give should be accurate, as in the event that your skiing or boarding abilities proves to be significantly different to those stated (at the absolute determination of us) to us, or indeed if you fail to attend lessons and or programme activities and your abilities suffer as a result then we reserve the right to discuss the issues and problems with you.
14.15. Having discussed the issues with you we reserve the absolute right to exclude you from programmes or classes as to which others may or would or could be hindered by your abilities and to arrange for you if required, to attend local ski or board group lessons with local suppliers the full cost of which will be met by you and paid by you to local suppliers directly. No refunds will be given under these circumstances to you by us for any missed, cancelled or excluded parts of lessons or programmes.
- Third party suppliers on our programmes.
15.1. Any transport, transfers, accommodations, meals, entertainment, coaching, lessons, hire or any other activity or service which are or which are offered or provided by third parties, the third parties terms and conditions will apply.
15.2. Failure of such suppliers and or services and any resultant disputes, complaints or compensations sought will be between the suppliers and you. We are not to be held responsible for factors outside of our control, in these instances no refunds will be given by us and any application for refunds and or compensation must in all circumstances be directed to the third party suppliers directly.
15.3. Waivers – Due to inherent risks involved with some winter sports activities, at times you may be asked to sign a waiver or disclaimer absolving Untold Adventures Ltd and or other suppliers as to liability for injury or death, loss of possessions etc. Should you choose not to sign the we reserve the right to exclude you from participation in any or all future classes or parts there of, in this case no refunds will be given or compensations paid to you by us.
15.4. When you book as a single traveller on one of our courses unless you book a room for single occupancy which will attract further fees you understand that you will be sharing a twin room with another of the same sex. This in many cases will be someone you have not met before. The person will however be booked on the same course or programme as you. Separate beds will of course be provided. This is done in order to keep the cost to you as low as possible and by booking with us you understand that the accommodation is provided on this basis.
15.5. By booking with us you book on the understanding of these and all other conditions.
- Winter sports extras.
16.1. Our full booking conditions apply in their entirety to Winter sports extras orders with the exception of the ‘Booking your holiday’ and ‘Amendments, transfers or cancellation: (A) by you’ sections. The most relevant points to note are as follows, as they may have additional terms attached to them.
16.2. Winter sports extras are a singular or multiple/ combination booking of any one or combination of lift tickets, rental equipment, ski or board school, in-resort activities, transfers and car hire.
16.3. Where one Winter sports extras product has to be booked in combination with other Winter sports extras products, or packaged with accommodation, this is clearly stated and your order cannot be accepted unless you have complied with any such requirements.
16.4. All services ordered or requested by you to Untold Adventures Ltd are subject to availability at the time they are booked.
16.5. You the consumer agree that Winter sports extras cannot be ordered less than 3 working days before your departure on holiday.
16.6. Should you enquire and or book about any late offers Untold Adventures will make all reasonable steps to secure your requests, however should requests be unavailable you will be told of these which will allow you the consumer to make a reasoned and informed choice as to book or not.
16.7. When you place an order with us, you are making an offer to buy Winter sports extras services through us. We will send you an email to confirm that we have received your order. Once your order has been checked and where accepted, it will normally be fulfilled within 72 hours, at which time we will email you again to confirm that we accept your order.
16.8. Winter sports extras vouchers bearing your order will be emailed to you normally within 72 hours.
16.9. A binding contract will come into force when we send you your vouchers by email. You should carefully check the contents of the vouchers for the services requested. If we have made a mistake we will amend the vouchers free of charge as long as you point out the error within 3 days when the email was sent by us. The first day is the day and time on which we sent you the email and expires 3 days from that date and time sent. After this time an admin fee of £10 per voucher will be charged for altering any details.
16.10. Full payment is required at the time your order is placed. Please see below for details of your right to cancel your order and receive a refund.
16.11. In the unlikely event that we cannot accept your order, we will advise you of this and we will refund your money. You will not receive an email with Winter sports extras vouchers attached and there will be no contract between us.
16.12. You the consumer agree that the Winter sports extras you are purchasing are for use only by yourself, your family or members of your group.
16.13. Winter sports extras vouchers are non-transferable to any other parties.
16.14. Should the vouchers be transferred to another then we and or the winter sports extras supplier reserve the right to withdraw the service immediately, should this occur then no refund will be provided to you by any supplier or us.
16.15. You accept that special offers will only be applied to your order if the correct information has been given and all qualifying conditions have been met.
16.16. You must present your Winter sports extras vouchers in resort in order to receive the services ordered.
16.17. Failure to present a valid voucher will result in the service not being provided. Failure to provide the voucher will not lead the customer or consumer to be eligible to any refund whether by Untold Adventures Ltd or other suppliers.
16.18. The vouchers are an important part of your booking and holiday so should be kept safe and secure in order to be used when required. Should vouchers be lost then time permitting Untold adventures will resend via email only copies of any vouchers, however, a £10 admin charge will be raised for that service for each voucher resent to you.
16.19. Documents produced and printed from our website or email correspondence from Untold Adventures Ltd cannot be exchanged for Winter sports extras in the resorts. Only valid Winter sports extras vouchers received by email or by post can be exchanged for Winter sports extras.
16.20. Vouchers can only be exchanged for the exact services specified on the voucher.
16.21. Any additional service or upgrade taken must be paid direct to the supplier at the time the voucher is redeemed. Any charge made by a supplier to Untold Adventures Ltd for additional services or upgrades not paid direct will be charged to your credit or debit card used to secure your holiday.
16.22. It is your responsibility to ensure that you have adequate travel insurance in place to cover the cost of your Winter sports extras in the event that you have to cancel or curtail your holiday.
16.23. We will be happy to provide a cancellation invoice should your insurers require one in order to process a claim, however cancellation must be notified to us in writing by the lead name on the booking form or in the event that the lead booker is hospitalised then Untold Adventures Ltd may accept cancellation from another named party on the booking or authorised representative subject to identification checks.
16.24. Failure to show up for accommodation, flights or services without prior notification, prior to the first part of your holiday as specified on the booking will result in an invoice not being provided to you and any outstanding payments if any will be taken by us and not refunded.
16.25. Amendment by you – the amendment clause in the Booking Conditions applies with the exception that the amendment fee for a Winter sports extras only booking is £10 per person, per voucher.
- Cancellation by you – if you are only booking Winter sports extras with Untold Adventures Ltd with no other holiday element, you have seven working days from the date of your order to cancel and receive a refund.
16.27. Cancellations must be confirmed to Untold Adventures Ltd in writing by email, or letter. After seven days, a cancellation charge of between 33% and 100% of the total order cost will apply, depending on the cancellation policy of our supplier.
16.28. If you are booking Winter sports extras with another holiday element, the cancellation term(s) in our booking conditions applies. Certain products, such as some season passes and performance or development coaching, flights and special requests are 100% non-refundable and this is clearly indicated where relevant.
17.1. Untold Adventures Ltd will be under no liability whatsoever if you suffer loss, death or personal injury where there has been no fault on the part of us or our employees, agents or suppliers and the loss, death or personal injury suffered is attributable to your own acts or omissions or to the acts or omissions of a third party not involved in providing the services which make up your course, or to unusual or unforeseeable circumstances or events which could not have been anticipated or avoided by us or its employees, agents or suppliers even with the exercise of all due care.
17.2. Our liability to compensate you and the amount of such compensation is subject to the following limitations:
17.3. In the case of damage other than death, illness or personal injury, compensation is restricted to a reasonable amount having regard to such factors as, interalia, the course cost and the extent to which the enjoyment of your course can be said to have been affected.
17.4. In all cases, liability and compensation are limited in accordance with the provisions of all international conventions which concern transportation and accommodation.
17.5. If you suffer death, injury or illness during your course arising out of an activity which does not form part of the inclusive arrangements booked with us , we will offer assistance where appropriate and at our sole discretion. This assistance must be requested within7 days of your misadventure and will be at our complete discretion limited to general advice and/or assistance. Any costs, legal or otherwise paid by us on your behalf will be limited to £1000 maximum. These costs will be recoverable from you immediately upon payout of your insurance or any judgement.
18.1. You are responsible for informing us of all medical conditions and or allergies that may affect your holiday. We may ask for a medical certificate prior to travel the cost of which will be met by you.
18.2. Should you book a trip or holiday without first gaining a medical clearance certificate for pre existing conditions and have to subsequently cancel or with draw from part or all of your holiday we accept no responsibility what so ever and no refunds under these circumstances will be provided.
- Criminal records and behaviour.
19.1. Should you have a criminal conviction or a pending criminal prosecution you must inform us and or gain the necessary clearance from the destination country consulate prior to booking. All expenses will be met by you.
19.2. Should you book with us and subsequently need to withdraw or cancel part or all of the holiday due to convictions or pending convictions, visas or lack of due to the same then we will not be held responsible and no refunds what so ever will be made by us.
19.3. If you have criminal convictions or pending prosecutions we reserve the right to request further information from you and or to cancel your holiday. If these convictions pending or otherwise were not notified to us prior to booking our cancellation charges will apply in their entirety.
- Flights and Transport.
20.1. You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your holiday. The Company cannot accept responsibility if you miss flights, transport or departures as a result of late check-ins, failures to turn up and or delays, and no credit or refunds will be given if you fail to take up any component of your holiday. No credit or refunds will be given for lost, mislaid or destroyed travel documents.
- Passports and Visa.
21.1. Visas and Passports. A visa is not necessary for British Citizens who are in good health, have no criminal convictions and hold a full 10 year British Citizen’s Passport travelling on holiday to Canada. The passport must be valid for at least 1 day beyond the date of departure from Canada. However, as Requirements may vary, it is advisable to check with the embassy at the time of booking http://www.canada.org.uk/. British Overseas citizens who are re-admissible to the UK, citizens of British dependant territories and citizens of Ireland do not require a visa to enter Canada. All other nationalities should check visa requirements with the Immigration Department at the Canadian High Commission, 38 Grosvenor Street, London, W1 4AA.If you are travelling with minors, you must carry proper identification for each child such as a birth certificate, passport, citizenship card, permanent resident card. If you are divorced or separated, you should carry with you copies of the legal custody agreements for your children. If you are travelling with minors and you are not the parent/legal guardian, you should have written permission from the parent/legal guardian authorising the trip. We recommend you check the requirements with the Canadian embassy at the time of booking.
21.2. – USA
All travellers to the USA qualified under the Visa Waiver Programme are required to obtain electronic travel authorization prior to boarding an airline to enter the United States. Travellers who do not receive travel authorization prior to their departure maybe denied boarding, experience delays or be denied permission to the United States. Applications may be submitted at any time prior to travel, but not less than 72 hours prior to departure. This can be done by completing the online form at https://esta.cbp.dhs.gov more details and FAQs can be found at: http://london.usembassy.gov/faq-vwp.html & the Visa wizard can be found at: http://london.usembassy.gov/root/visa-wizard/pages/index.html. All visitors to the United States must have a machine-readable passport which has two lines of letters, numbers and chevrons (‘>>>>’) printed at the bottom of the personal information page. Visitors using older style passports must either apply for a new one or apply for a USA visa. Passports issued in the UK between 26 Oct 2005 and 26 Oct 2006 must be ‘e-passports’ (with integrated computer chip that holds all biographic information) or must, at least, include a digital photographs. Without either of these, UK travellers must also obtain a UK visa. Children must have their own machine-readable passport. British Citizen passport holders, travelling on valid EU or national passports for tourism 90 days or less, may be eligible to travel visa-free under the Visa Waiver Programme. Detailed information on visa-free travel is available on the Embassy’s website: http://london.usembassy.gov/ or from the Visa Information Service. Travellers with a criminal record: the Rehabilitation of Offenders Act does not apply to U.S. visa law.
21.3. Those afflicted with certain serious communicable diseases, narcotics addicts or abusers, drug traffickers, and anyone who has been deported from or denied admission into the United States must apply for a visa before travelling. The British passport must be valid for at least 90 days from the date of entry into the United States. If not, the holder will be admitted only until the date on which the passport expires. The passport, visa and health requirements applicable to British citizens for the holidays we offer are available at http://www.fco.gov.uk/. We will always endeavour to advise of current passport, visa and health requirements but it is your responsibility to check for your own specific needs. Information on health is contained in the Department of Health leaflet T6 (Health Advice for Travellers) available from your local Department of Health office and most Post Offices. For European holidays you should obtain a Form E111 (details in leaflet T6 referred to above) prior to departure.
21.4. It is your responsibility to ensure that you 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 to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. Your responsibilities: It is your responsibility to obtain all documents (e.g. passport, visa, driving licence and insurance) required for your holiday, to ensure that these are in proper order and to take them with you. The Company will not be liable if you fail to do so and you will be responsible for meeting any additional costs incurred as a result of such failure.
21.5. – Bulgaria & Romania
Holders of British passports arriving on charter flights (and scheduled on an Inghams holiday) do not require visas, but passports must be valid for at least 6 months after the day of travel. Holders of non-British passports should enquire at the Consular Department of either Bulgarian or Romanian Embassy BEFORE booking. All children entering Bulgaria must have their own passport. Children on parents’ passports will only be allowed entry if the passport also contains the child’s photographs.
- Vaccinations. We recommend that you obtain the Department of Health leaflet “Protect Your Health Abroad”.
- Travel Advice. For up-to-date information about your country destination, check the Foreign & Commonwealth Office website at www.fco.gov.uk/travel or call the FCO Travel Advice Line on 0845 850 2829 0845 850 2829.
24.1. 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.
24.2. 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.
24.3. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
- Hotel grades, facilities, marketing, information, weather.
25.1. The Company makes every effort to ensure that the information contained in our marketing literature and on our website is as accurate as possible, and whilst correct at the time of publication, it may be subject to alteration.
25.2. Please note that there is not a common classification system in North America to grade hotels and resorts. We have graded hotels and resorts on our website and in our marketing on the basis of our knowledge and experience. If the Company receives prior notification of alterations to any accommodation, services or facilities we will inform you as soon as reasonably possible.
25.3. It should be noted that destination information is for guidance purposes only and that the photographs printed in the brochure and on the website are used to give an impression of the accommodation and services offered.
25.4. The Company cannot guarantee that the weather conditions will be suitable for sporting or other outdoor activities. The Company shall not be held responsible for any loss, delay, closures of resorts or their facilities or costs whatsoever connected with adverse weather conditions.
- Consumer protection.
26.1. The air holidays and flights in any relevant marketing publication and on our website are ATOL Protected, this can be in a number of ways, provided by our membership of the TTA under their group ATOL, ATOL Angel or other like arrangement and of course any airline that we use for flights will be of course be ATOL protected, this ensures complete protection for the consumer
26.2. When you pay you will be supplied with an ATOL certificate. Please ask for it and check that everything you booked (flights, accommodation and other services) is listed on it. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. Please note that ATOL protection does not cover the event of airline insolvency. For further information, visit the ATOL website at http://www.atol.org.uk/.
26.3. The price of our air holiday packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution, we pay to the CAA. This charge may or may not be included in our advertised prices.
26.4. For holidays that do not include flights, you are protected by our TTA membership which holds your money in a trust scheme In the unlikely event of our insolvency, you the consumer would acquire the benefit of this trust scheme or bond, and it would ensure that payments made by you for your holiday arrangements would be refunded. If you are already away on holiday, arrangements will be made to ensure you can continue with your holiday or you will be refunded for any holiday you have been unable to complete.
26.5. The Company is a member of the TTA with membership number (to be inserted). The TTA and TTA members help holidaymakers to get the most from their travel and assist them when things do not go according to plan. We are obliged to maintain high standards of service to you by the TTA’s Code of Conduct. For further information about the TTA, the Code of Conduct and the arbitration scheme available to you if you have a complaint, please refer to the TTA web site http://www.traveltrust.co.uk/.
26.6. 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.
27.1. As a condition of booking your travel arrangements with us, you are required to have suitable travel insurance at the time of booking to cover events including, but not limited to, pre-departure cancellation, missed departures of any kind such as breakdowns, accidents, traffic delays and adverse weather conditions that inhibit or are a contributory factor to airport or other transport failures by Untold Adventures Ltd. or third party suppliers, where you are delayed and or miss flights or any other onward travel arrangements.
27.2.Any missed transport arrangements for whatever reason should be covered by an insurance policy.
27.3. By booking with us you accept this condition in its entirety and understand that no claim or liability will be placed or held against Untold Adventures Ltd and no compensation or funding for onward travel under any circumstances will be paid or met by us.
27.4. Any insurance police should be valid for the entire duration of your trip and for travel to and from departure and arrival points.
27.5. If you intend to ski off-piste, heli-ski, cat-ski, free-ride or undertake other activities not covered by a general winter sports insurance policy, please ensure that you obtain additional cover for these. Please disclose any relevant information including pre-existing injury or condition to the insurer at the time of purchase of your policy.
27.6. The Company cannot be held responsible or liable in any way for customers who fail to take out adequate travel insurance.
27.7. Please note that insurance provided by credit card companies and banks often has limited cover. Please check at the time of booking that the cover provided by such a policy complies with this condition.
28.1. If you have a complaint: If you have a complaint whilst on holiday you must tell the hotelier or other supplier who will try and resolve the matter on the spot. If they are unable to sort out the problem, contact the Company who will endeavour to do so, on your behalf.
28.2. Unless they or the Company have been given the opportunity to rectify the problem at the time it is not reasonable to expect the Company to accept liability for any problem after you return home.
28.3. If the complaint cannot be resolved there and then you should inform the Company in writing within 14 days of the completion of your holiday. Failure to follow this procedure may reduce or extinguish any rights you may have to make a claim against either us or the relevant supplier.
28.4. We are a member of the TTA, please refer to the TTA website http://www.traveltrust.co.uk/ or contact them for further information and or advice in respect of complaints and or compensations available if any.
- Risk of Injury and Death.
29.1. Injury, off-piste skiing and avalanche. There is a risk of injury attached to winter sports, including skiing and snowboarding whether cat, heli or otherwise.
29.2. The risk can be minimised by making sure that you are fit to ski before you travel and ensuring that you ski in a controlled fashion. If you wish to ski off-piste, outside ski area boundaries and/or in the backcountry, you do so at your own risk (please also see insurance section above).
29.3. Resorts do make every effort to ensure that the risk of avalanche on pisted ski areas is kept to a minimum but this risk, being a force of nature, can never be completely alleviated.
29.4. The risk of avalanche is greatly accentuated if you ski off-piste and you should always seek expert opinion that morning of the day’s avalanche risk and carry the necessary avalanche equipment with you.
29.5. If you suffer from any pre-existing injuries that may affect your ability to ski or snowboard, please consult your doctor before you travel.
29.6. If you are taking ski or snowboard tuition whilst in resort, please inform the ski school of any pre-existing injuries that may affect your ability to ski or snowboard.
- Special requests:
30.1. If you have any special requests, you should inform us of such requests in writing at the time of booking. We will advise the relevant supplier of any such requests but we cannot guarantee that they will be met. Furthermore, we have no liability to you if such requests are not met.
30.2. Examples of such special requests include, but are not limited to, airline meals, room-types with benefits that are not paid for, special offer accommodation upgrades, honeymoon benefits, late check-out, baggage storage, special transportation arrangements.
30.3. Pipeline monies: If we use a travel agent for your booking, any monies paid to the travel agent are held by the travel agent on your behalf.
- Data protection.
31.1 We will provide your personal information, as well as any personal information you provide in relation to the persons whose travel arrangements have been requested by you, to suppliers and carriers that might be located outside the UK and/or EU, to enable the operation of the services requested by you. If you make special requests, which include, but are not limited to, special dietary, religious, or disability related requirements which constitute sensitive information, the relevant data will also be passed to the relevant suppliers and carriers to enable provision of the services requested by you. Please see our Privacy, Data Protection and other policies for full details.
32.2. Our local representatives may, at your request, make arrangements for excursions locally on your behalf. However, please note that if they do, the contract for the provision of the excursion will be between you and the supplier of the excursion and not between you and us. Therefore, when you purchase an excursion locally, whether or not through our representative, your contract is with the local company and we have no liability whatsoever for anything which may go wrong on the excursion.
- Our responsibilities.
33.1. Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them and to do so with reasonable skill and care. You must show that reasonable skill and care has not been used if you wish to make any claim. Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would be expected to be found in the UK. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply (such as, for example, those of the Civil Aviation Authority), or, if there are no applicable local regulations, if they are reasonable when compared to the local standards and customs.
33.2. For claims which do not involve death or personal injury, we accept, and will only have, liability, subject to paragraphs (4) and (5) below, should we or our suppliers fail to satisfy the obligations detailed in paragraph (1) above. If we have liability, we will, subject to paragraphs (5) and (6) below pay you compensation of an amount which could be reasonably and properly expected, taking into account all the relevant circumstances. Any sums received by you from suppliers such as from airlines due to the Denied Boarding Regulations 2004 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline’s actions) will be deducted from any sum paid to you as compensation by us.
33.3. For claims which involve death or personal injury as a result of an activity forming part of your holiday, we accept, and will only have, liability subject to paragraphs (4) and (5) below should we or our suppliers fail to satisfy the obligations detailed in paragraph (1) above. If we have liability, we will, subject to paragraphs (5) and (6) below, pay you reasonable compensation.
33.4. We have liability in accordance with paragraphs (2) and (3) above and subject to paragraphs (5) and (6) below except where the cause of the failure to provide, or failure in, your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, because it is either attributable to you, or attributable to someone unconnected with your holiday and or is due to force majeure or by unforeseeable or unavoidable circumstances, for example but not limited to breakdown of vehicles, traffic delays and jams, adverse weather conditions and avalanche, road closures, ill health or is due to unusual or unforeseeable circumstances beyond our control and or force majeure , the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled, for example but not limited to breakdown of vehicles, traffic delays and jams, adverse weather conditions, road closures, ill health, force majeure, adverse weather conditions and avalanche etc.
33.5. If any international convention applies to or governs any of the services or facilities included in your holiday arranged or provided by us, or provided by any of our suppliers, and you make a claim against us of any nature arising
out of death, injury, loss or damage suffered during or as a result of the provision of those services or facilities, our liability to pay you compensation and/or the amount (if any) of compensation payable to you by us will be limited in accordance with and/or in an identical manner to that provided for by the international convention concerned (in each case including in respect of the conditions of liability, the time for bringing any claim and the type and amount of any damages that can be awarded). International Conventions which may apply include: in respect of international air travel, the Warsaw Convention 1929 (including as amended by the Hague Protocol of 1955 and by any of the additional Montreal Protocol of 1975) or the Montreal Convention 1999; in respect of rail travel, the Berne Convention 1961; in respect of carriage by sea, the Athens Convention 1974; in respect of carriage by road, the Geneva Convention 1973; and, in respect of hotels, the Paris Convention 1962. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday.
33.6. Where a flight ticket is downgraded or a flight cancelled, delayed, or boarding is denied by any carrier in circumstances which would entitle you to compensation under the Denied Boarding Regulations 2004, then you are obliged to claim the appropriate sums pursuant to those Regulations from the carrier. Any sums received by you in this respect constitute the full amount of your entitlement to compensation for all matters flowing from the carrier’s actions. If, for any reason, you do not claim against the carrier and make a claim for compensation from us, we will not consider your claim until such time as you have made a complete assignment to us of any rights you have against the carrier.
33.7. If you choose to issue court proceedings in respect of a claim against us, you must do so within 2 years of your return from holiday or within 2 years of first discovering the matters giving rise to the claim, if this is later. If you do not, then our liability to you will be limited in all cases to a sum of £100.
37.8.You must, if we are adjudged to have, or if we accept, liability for a claim that you make, assign to us any rights that you may have against any of our servants, agents or suppliers which is in any way responsible for the failure of your holiday or any death or personal injury you may suffer. You must also co-operate with us in any claim we choose to bring against any third party which we, in our discretion, deem to be so responsible.
37.9. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday. Airlines and other suppliers: As between you and the suppliers of the transport, accommodation and other components making up your holiday, the conditions of the supplier will apply. These conditions may be subject to International Conventions which limit and/or restrict the supplier’s liability. Transport timings are provided by the carrier concerned and are subject to such matters as weather conditions, maintenance requirements, the ability of passengers to check-in on time and, in the case of flights, to air traffic control restrictions. Accordingly the times of flights and other forms of transport are estimates only and cannot be guaranteed. The Company is not liable for any delay and cannot itself make any special arrangements in the event of a delay.
Last reviewed: 16 June 2014