The following conditions, together with the information set out in the ‘Pre-departure Important Information’ document, the relevant brochure and the website, will form part of your contract with Ski Safari Limited (trading as Ski Safari or Freedom Treks), 8th Floor Becket House, 36 Old Jewry, London, EC2R 8DD, registered in England under company number 3196000. Please read them carefully as they set out our respective rights and obligations. By asking us to confirm your booking, we are entitled to assume that you have had the opportunity to read and have read these booking conditions and agree to them.
Except where otherwise stated, these booking conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these booking conditions to “holiday”, “booking”, “contract”, “package”, “tour” or “arrangements” mean such holiday arrangements unless otherwise stated.
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) or any of them, as the context requires. “We”, “us” and “our” means Ski Safari Limited. References to “departure” are to the start date of the arrangements we have contracted to provide.
Booking your holiday: To secure your booking you should complete the booking form, which will be sent to you when your plans are finalised. The first named person on the booking will be the “party leader”. The party leader must be authorised to make the booking on the basis of these booking conditions by all persons named on the booking and by their parent or guardian for all party members who are under 18 when the booking is made. By making a booking the party leader confirms that he/she is so authorised. The party leader is responsible for making all payments due to us. The party leader must be at least 18 when the booking is made.
To request a booking you must pay a deposit or make full payment if booking within 10 weeks of departure. The amount of the deposit will be as follows:
- for Ski Safari holidays to Europe/Scandinavia: £200.00 per person
- for Ski Safari holidays to Canada, USA, Japan and Korea: £250.00 per person
- for Freedom Treks bookings: an amount as specified at the time of booking.
The deposit we require may be higher if special terms apply, for example, a special offer flight that requires immediate payment of the full flight cost or during peak times where we require a higher deposit to secure your accommodation. We refer to this as a “special booking” in these conditions. We will notify you at the time of booking if this applies along with the amount of deposit that is required to secure the booking. Please note that if you subsequently cancel, you will incur the cancellation charges set out in clause A of the “Amendments, transfers or cancellation” section. We strongly recommend that you obtain insurance to cover the event of cancellation prior to departure. Any deposit is only refundable in specific circumstances such as where we have to cancel your holiday in accordance with the “Amendments, transfers or cancellation” section of these terms and conditions.
The balance must be received at our offices 10 weeks before the departure date. This date will be shown on the confirmation invoice that will be sent to the party leader. Reminders are not sent. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In 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 set out in clause A of the “Amendments, transfers or cancellation” clause depending on the date we reasonably treat your booking as cancelled. If you do make payment late but before your booking is treated as cancelled by us you must pay us a late payment charge of £10.00 per day from the first day after the due date unless we agree otherwise with you in writing.
If, after we have confirmed your booking and you have 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 pay 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 treated as part of your deposit and accordingly it will not be refunded in the event that you subsequently cancel.
The best way to pay is by secure bank transfer using the details given below. Please give the party leader’s surname or your booking number as the reference. If you’ve travelled with us before and previously paid by transfer we should already be set up as a beneficiary. Please note that any fees charged for a transfer must be paid by you - our bank makes no charge to receive the funds.
- For holidays with Ski Safari – account number 70200190, sort code 20-65-82 in the name of Ski Safari Ltd.
- For holidays with Freedom Treks – account number 93018504, sort code 20-65-82 in the name of Freedom Treks.
You can pay by card by calling us. Please note that we do not accept Amex cards. We do not accept payment by cheque or cash.
Subject to the availability of your chosen arrangements, we will confirm your holiday by issuing a confirmation invoice. This invoice will be sent to the party leader. 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 (for which we are responsible) in any document within ten days of our sending it out (five days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so.
Your contract: A binding contract between us comes into existence when we issue 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 under the ABTA arbitration scheme (if the scheme is available for the claim in question and you wish to use it – see the “ABTA arbitration” clause below) or 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).
Financial security, ATOL and ABTA membership: We hold an Air Travel Organiser's Licence issued by the Civil Aviation Authority (ATOL number 4488). When you buy an ATOL protected flight or flight-inclusive holiday* from us, you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with 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, e-mail email@example.com, www.caa.co.uk.
*The flights and flight-inclusive holidays we arrange are ATOL protected providing they are made available in the UK. For further information visit the ATOL website at www.caa.co.uk/atol-protection/.
We are a member of ABTA with membership number Y3035. If your holiday does not include flights, ABTA will financially protect your holiday by ensuring you receive a refund of the monies you have paid to us or, where you are already on holiday and your arrangements include return travel to the UK (other than flights), you are returned to the UK, in the event that your holiday cannot be provided as a result of our insolvency. Please go to www.abta.com for a copy of the guide to ABTA’s scheme of Financial Protection.
ABTA and ABTA 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 ABTA’s Code of Conduct.
In the event of our insolvency we, or any appointed insolvency practitioner, may disclose your personal information to the CAA and/or ABTA so that they can assess the status of your booking and advise you on the appropriate course of action under any scheme of financial protection. The CAA’s General Privacy Notice is at www.caa.co.uk/Our-work/About-us/General-privacy-notice/. ABTA’s Privacy Notice is at www.abta.com/privacy-notice.
You agree to accept that in the event of our insolvency ABTA may arrange for the services you have bought to continue, or for a suitable alternative to be provided at the same cost as your original booking. You also agree to accept that in circumstances where the travel service supplier provides the services you have bought, you agree to pay any outstanding sum under your contract with us to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA’s Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid.
For further information about ABTA, financial protection, the code of conduct and the arbitration scheme (see the “ABTA arbitration” clause below), contact ABTA, 30 Park Street, London SE1 9EQ. Tel: 020 3117 0500 or www.abta.com. You can access the The Package Travel and Linked Travel Arrangements Regulations 2018 at www.legislation.gov.uk/ukdsi/2018/9780111168479/contents.
Prices and payment: Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.
We reserve the right to increase or decrease and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.
Once the price of your chosen holiday has been confirmed at the time of booking, we will only increase or decrease the price in the following circumstances. Price increases will be passed on by way of a surcharge. A surcharge will be payable, subject to the conditions set out in this clause, if our costs increase as a direct consequence of a change in (i) the price of the carriage of passengers resulting from the cost of fuel or other power sources or (ii) the cost of dues and taxes or fees chargeable on the travel services included in the contract imposed by third parties not directly involved in the performance of the package for services such as landing taxes or embarkation or disembarkation fees at ports and airports, government action such as increases in VAT or any other government imposed increases or (iii) the exchange rates relevant to the package.
You will also be entitled to a price reduction where there is a decrease in our costs as a result of a decrease in the costs referred to in this clause which occurs between confirmation of your booking and the start of your holiday.
We will absorb, and you will not be charged for any increase equivalent to 2% of the holiday price, which excludes insurance premiums and any amendment charges. Only amounts in excess of 2% will be surcharged or reimbursed. If any surcharge is greater than 8% of the total holiday cost, clause B (iv) of the “Amendments, transfers or cancellation” by the Company clause will apply, on the basis that the surcharge is a significant change. You will be notified of any price increase or reduction applied in accordance with this clause together with the justification for and calculation of this not less than 20 days before departure. Where a reduction is applicable, we are entitled to deduct our administrative expenses incurred from the refund. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.
Please note that 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.
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, we will where possible give you the option to increase your deposit to avoid the surcharge or alternatively apply the surcharge in accordance with this clause.
Transport delays and Denied Boarding Regulations: Inbound and outbound flight times are provided by airlines and are subject to change for a variety of reasons. Flight timings are therefore estimates only and cannot be guaranteed. In the event of a flight delay or cancellation at your UK or overseas point of departure, the airline is responsible for providing such assistance as is legally required by the Denied Boarding Regulations (see below). The ferry, tunnel or rail operator is similarly responsible in relation to any delayed or cancelled sea crossing or international rail departure. Except where otherwise stated in our brochure or on our website, we regret that we cannot provide any assistance in such circumstances other than information and advice to the extent we are in a position to do so.
We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Any airline concerned may however provide such refreshments, meals and accommodation as they deem appropriate. We cannot accept liability for any delay which is due to any of the reasons set out in paragraph (ii) of the “Our liability to you” clause below, (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time). In addition, we will not be liable for any delay unless it has a significant effect on your holiday arrangements. However, you may be entitled to claim under the flight delay section of your travel insurance policy.
If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline, depending on the circumstances, the airline may be required to pay you compensation, refund the cost of your flight and/or provide you with accommodation and/or refreshments under EC Regulation No 261/2004 - the Denied Boarding Regulations 2004. Where applicable, you must pursue the airline for the compensation or other payment due to you. All sums you receive or are entitled to receive from the airline concerned by virtue of these Regulations represent the full amount of your entitlement to compensation or any other payment arising from such cancellation, delay, downgrading or denied boarding. This includes any disappointment, distress, inconvenience or effect on any other arrangements. The fact a delay may entitle you to cancel your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight. We have no liability to make any payment to you in relation to the Denied Boarding Regulations or in respect of any flight cancellation or delay, downgrading of any flight ticket or denial of any boarding as the full amount of your entitlement to any compensation or other payment (as dealt with above) is covered by the airline’s obligations under the Denied Boarding Regulations. If, for any reason, we make any payment to you or a third party which the airline is responsible for in accordance with the Denied Boarding Regulations, you must, when requested, assign to us the rights you have or had to claim the payment in question from the airline. If your airline does not comply with these rules you may complain to the Civil Aviation Authority on 020 7453 6888 or by email to firstname.lastname@example.org or use the CAA Passenger Advice and Complaints Service at www.caa.co.uk/passengers/resolving-travel-problems/ for further details.
Flights: In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers who are subject to an operating ban within the EU. The Community list is available for inspection at ec.europa.eu/transport/modes/air/safety/air-ban_en.
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 “Amendments, transfers or cancellation, by us” will apply. We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our brochure, if any, 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 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.
Any change in the identity of the carrier, flight timings, and/or aircraft type (if advised) will not entitle you to cancel or change other arrangements without paying our normal charges except where specified in these conditions.
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. We cannot accept responsibility if you miss flights as a result of late check-ins and no credit or refund will be given if you fail to take up any component of your holiday.
Brochure and website information/weather: We make every effort to ensure that the information contained in our brochure, on our website and in our other advertising material is as accurate as possible. It is believed to be correct to the best of our knowledge at the time of printing or publication. However, errors may occasionally occur and it may be therefore subject to alteration. You must therefore ensure you check all details of your chosen holiday (including the price) with us or your travel agent at the time of booking.
Please note that there is not a common classification system to grade hotels and resorts. We have graded hotels and resorts on our website and in our brochure on the basis of our knowledge and experience. If we receive prior notification of alterations to any accommodation, services or facilities we will inform you as soon as reasonably possible. 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.
We 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 or costs whatsoever connected with adverse or weather conditions which are inappropriate for your intended activities.
At the time of publication of our brochure and website we do not have the exact details of the airline operator, aircraft type and destination airports applicable to your particular holiday, although this information will be available prior to you making your booking and will be discussed as part of your itinerary planning.
Amendments, transfers or cancellation:
(A) By you.
(i) If you wish to change the details of your booking, let us know in writing as soon as possible and we will do our best to accommodate you. Any change is subject to availability and any airline minimum night stay requirements. If we can accept the change, there will be an amendment fee of £25.00 per person plus any supplier fees, such as airline costs, that may be applicable, or £10 per person for a ski extras amendment. 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.
(ii) 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, an amendment fee of £25 and the applicable cost of rebooking the service.
(iii) 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.
(iv) 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 seven 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 £25.00 per person, must be paid before the transfer can be effected. Ski Extras are non-transferable.
(v) You may cancel your confirmed booking at any time before departure. 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. As we incur costs from the time we confirm your booking, the following cancellation charges on the scale shown below will be payable, 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).
For all bookings, except those departing 12 December 2020 – 10 January 2021 (see below)
|Days prior to departure date when notification letter is received||Cancellation charge|
|From booking to 70 days prior to departure||Deposit forfeit (increased deposit for special bookings)|
|69-45 days prior to departure||50% of total holiday cost (or deposit plus 50% of remaining holiday cost for special bookings)|
|44-35 days prior to departure||75% of total holiday cost (or deposit plus 75% of remaining holiday cost for special bookings)|
|34-21 days prior to departure||90% of total holiday cost (or deposit plus 90% of remaining holiday cost for special bookings)|
|20 days to departure or after||100% of total holiday cost|
For bookings departing 12 December 2020 – 10 January 2021
|Days prior to departure date when notification letter is received||Cancellation charge|
|From booking to 70 days prior to departure||Deposit forfeit (increased deposit for special bookings)|
|69-45 days prior to departure||75% of holiday cost (or deposit plus 75% of remaining holiday cost for special bookings)|
|44-21 days prior to departure||90% of holiday cost (or deposit plus 90% of remaining holiday cost for special bookings)|
|20 days to departure or after||100% of total holiday cost|
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) from your travel insurer. 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.
(B) By the Company.
(i) Changes to confirmed bookings sometimes have to be made and we reserve the right to do so in accordance with this clause B. Most changes will be insignificant and we have the right to make these. Where an insignificant change is made before departure, we will notify you in writing. No compensation is payable for insignificant changes. Occasionally, before departure, we may be constrained by circumstances beyond our control to make a significant alteration to any of the main characteristics of the travel services which form part of your confirmed booking or to any special requirements which we have accepted as referred to in the “Special requests and medical conditions / disabilities / reduced mobility” clause below. Where we have to do so, clauses B (iv) and B (v) will apply.
(ii) All alterations which are not significant in accordance with clause B (i) 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, Stansted or London City), type of aircraft (if advised), destination airport or accommodation to another of a similar standard and with similar facilities will also all be treated as insignificant changes.
(iii) All group holidays require a minimum number of bookings to enable us to operate them and we reserve the right to cancel any such holiday where this minimum number is not achieved. You will be advised before your booking is accepted of the minimum number applicable to your holiday. Failure to achieve this minimum number does not, however, oblige us to cancel. We will notify you of cancellation for this reason not later than 20 days before departure.
(iv) 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: (a) the proposed alteration and any impact this has on the price; (b) 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); (c) 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 (d) the period within which you must inform us of your decision and what will happen if you don’t do so.
(v) If you choose to cancel your booking in accordance with clause B (iv), we will refund all payments you have made to us within 14 days of the date we receive your written cancellation. 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 our doing so. No compensation will be payable or other liability accepted where a change results from unavoidable and extraordinary circumstances (see the “Unavoidable and extraordinary circumstances” clause below).
(vi) Occasionally, it may be necessary to cancel a confirmed booking. We have the right to terminate your contract in the event (a) we are prevented from performing your contracted holiday arrangements as a result of unavoidable and extraordinary circumstances (see the “Unavoidable and extraordinary circumstances” clause below) and we notify you of this as soon as reasonably possible or (b) (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 B (iii). Where we have to cancel your booking in these circumstances, we will refund all monies you have paid to us within 14 days of the date we inform you of the cancellation 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 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 A (v) will apply.
(vii) In the event that unavoidable and extraordinary circumstances (see the “Unavoidable and extraordinary circumstances” clause below) occur in the place of destination of your holiday or its immediate vicinity and significantly affect the performance of the contracted arrangements or the carriage of passengers to that destination, you will be entitled to cancel prior to departure without payment of cancellation charges and receive a full refund of all monies you have paid to us (except for any amendment charges). We will notify you as soon as practicable should this situation occur. You will not be entitled to any additional compensation.
If you choose to cancel your booking in accordance with clause B (iv), or we cancel your holiday in accordance with clause B (iii), or you accept a significant change to your holiday arrangements, we will as a minimum, where compensation is appropriate, pay you the compensation payments set out in the table below depending on the circumstances and time you are notified of the cancellation.
|Period before departure a significant change or cancellation is notified to you or your travel agent||Compensation per person|
|84 days or more||0|
Unavoidable and extraordinary circumstances: Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by, or you otherwise suffer any damage, loss or expense of any nature as a result of unavoidable and extraordinary circumstances. In these booking conditions, unavoidable and extraordinary circumstances means a situation which is beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include actual or threatened war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, flood, pandemics/epidemics, closure, restriction, or congestion of airports, other transport hubs or airspace, flight restrictions imposed by any regulatory authority or other third party and volcanic activity. Unavoidable and extraordinary circumstances will also include the UK Foreign Office advising against all travel or all but essential travel to any country, region or destination.
Brexit implications: Certain travel arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include unavailability of certain flight routes, access to airports and changes to visa requirements for British citizens travelling to, within or through the EU. We will advise 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 beyond our control, we would treat any such event in accordance with the “Unavoidable and extraordinary circumstances” clause above. Whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
Passports, Visa and Health requirements and Foreign Office advice: Passport and visa requirements and health requirements and formalities for the destinations featured, and which are current at the time of going to press, are set out in information that we will provide to you at the time of booking but it is your responsibility to make the necessary applications and to comply with any regulations governing entry to your chosen country. Requirements may change and you must check the up to date position in good time before departure. The standard service for obtaining a British passport presently takes up to 6 weeks. If any member of your party is 16 or over and hasn't got or previously held a passport, you should apply for one at least 6 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and may ask you to attend an interview in order to do this. If any person on the booking is not a British citizen or holds a non British passport, you must check the applicable passport and visa requirements with the embassy or consulate of the country(ies) to or through which you are intending to travel.
Details of any compulsory health requirements applicable to your holiday are set out in information that we will provide to you at the time of booking. It is your responsibility to ensure you are aware of all recommended vaccination and health precautions in good time before departure. Details are available from your GP surgery, local travel clinic and the National Travel Health Network and Centre travelhealthpro.org.uk/. Information on health abroad is also available on travelhealthpro.org.uk/countries. For holidays in the EU/EEA while the UK remains a member of the EU, you should obtain an EHIC (European Health Insurance Card) prior to departure from www.nhs.uk/using-the-nhs/healthcare-abroad/apply-for-a-free-ehic-european-health-insurance-card/. An EHIC is not a substitute for travel insurance. Vaccination and other health requirements/recommendations are subject to change at any time for any destination. Please therefore check with a doctor or clinic not less than 6 weeks prior to departure to ensure that you have met the necessary requirements and have the applicable information.
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. 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.
The UK Foreign and Commonwealth Office (FCO) issues travel advice, which is regularly updated and which relates to political, economic and other circumstances prevailing in countries throughout the world. You are strongly advised to check this advice before you book and again before you travel. Their telephone number is 020 7008 1500 and details are also available online at www.gov.uk/foreign-travel-advice and travelaware.campaign.gov.uk. We will continue to operate holidays to a destination until the FCO issues advice to the contrary.
Client behaviour and damage: When you book with us, you accept responsibility for any damage or loss you cause. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be made direct 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 behave 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 cease all use of the holiday services including leaving any accommodation. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses, costs or loss incurred as a result of the termination.
Insurance: 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 and valid for the entire duration of your trip. Please let us know the policy details for each member of your group prior to departure, including the policy number, the name of the insurer and their 24 hour contact number. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs. We do not check insurance policies. We will not be liable if you have no insurance or your insurance is not adequate.
Our liability to you:
(i) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
(ii) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment or loss of possessions), damage, expense, cost or other sum or claim of any nature or description whatsoever which results from any of the following: -
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party 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
- unavoidable and extraordinary circumstances as defined in the “Unavoidable and extraordinary circumstances” clause above.
(iii) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised by us in our brochure or on our website and we have not agreed to arrange them as part of our contract and any excursion you purchase in resort. Please also see the “Excursions, activities and general area information” clause. In addition, regardless of any wording used by us on our website, in any advertising material or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
(iv) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and applicable standards of the country in which your claim 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 give rise to the claim or complaint were provided in compliance with the applicable local laws and standards, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holidaymaker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in paragraph (i) above. 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.
(v) Except as set out in paragraph (vi) or as otherwise permitted by English law, we do not limit the amount of damages you are entitled to claim in respect of personal injury or death which we or our employees have caused intentionally or negligently.
Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £500.00 per person affected unless a lower limitation applies to your claim under this clause or paragraph (vi) below. You must ensure you have appropriate travel insurance to protect your personal belongings. Any payment is subject to your producing appropriate proof of the contents and value of the luggage or personal possessions concerned and demonstrating that you have taken proper care of your property.
For all other claims, if we are found liable to you on any basis the maximum amount we will have to pay you is three times the total holiday cost (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under paragraph (vi) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(vi) Where any claim concerns or is based on any travel arrangements (including without limitation, the process of getting on and/or off the transport concerned) provided by any air, sea or rail carrier to which any international convention or EU regulation applies where we have arranged that travel as part of our contract, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which damages / compensation will be payable) will be limited as if we were the carrier in question as referred to in this paragraph (vi). The most we will have to pay you for that claim if we are found liable to you on any basis is the most the carrier concerned would have to pay you under the international convention or EU regulation which applies to the travel arrangements in question. Such conventions and regulations include the Warsaw Convention as amended or unamended and the Montreal Convention 1999 for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC Regulation 392/2009 on the liability of carriers of passengers by sea in the event of accidents and the Athens Convention relating to the carriage of passengers and their luggage by sea 1974 for international travel by sea (as amended by the 2002 protocol), the Convention on Limitation of Liability for Maritime Claims as amended by the 1996 protocol and the Convention of 1980 concerning International Carriage by Rail (COTIF) as amended. Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the stipulated time limits), we, similarly, are not obliged to make a payment to you for that claim. When making any payment, we will deduct any money which you have received or are entitled to receive from the carrier for the claim in question. Copies of the applicable international conventions and EU regulations are available from us on request. Please note that strict time limits apply for notifying loss, damage or delay of luggage to the airline or ferry / cruise operator. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or EU regulation.
(vii) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description which (a) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers or (c) relates to any business (including without limitation, loss of self employed earnings).
Covid-19: Limitation of liability
We both acknowledge the ongoing COVID-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities, both in the UK and whilst on holiday.
Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:
(i) If you, or anyone in your booking party, test positive for Covid-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and have to self-isolate for a period of time. If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We will offer you the following options where possible and subject to availability:
(a) Postponing your holiday to a later date. We will notify you of any impact on the price the postponement may have (please note that you may have to pay full cancellation charges on some elements of your holiday, such as the flight, as well any increase in cost imposed by other suppliers);
(b) If not everyone on the booking is affected, you will have the right to transfer your place on the holiday to another person nominated by you, subject always to the requirements of paragraph (iv) of the “Amendments, transfers or cancellations (A) By you” clause above;
(c) Cancelling your holiday, in which case we will impose our standard cancellation charges as at the date of cancellation by you. You may be able to claim these costs back from your travel insurance.
If this happens whilst you are on your holiday, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs for you.
(ii) You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday.
You also acknowledge that the suppliers providing your holiday, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19, and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of the holiday and all measures will be taken with the purpose of securing your safety and those around you.
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.
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 or EU regulations (see paragraph (vi) of the “Our liability to you” clause). Copies of the relevant parts of these terms and conditions and of the international conventions / EU regulations are available on request from ourselves or the supplier concerned.
Excursions, activities and general area 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 run, supervised, endorsed or controlled 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 paragraph (i) of the “Our liability to you” clause 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 in our brochure, on our website and in our other advertising material which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to area information and/or such outside activities or excursions which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.
Ski extras: Ski extras are any one or combination of season passes, lift tickets, rental equipment, ski school and in-resort activities. You must be a UK/EIRE resident to book ski extras with us. Ski extras cannot be ordered less than three working days before your departure on holiday. All services are subject to availability at the time they are booked. Ski extras are for use only by yourself, your family or members of your group. Ski extras vouchers are non-transferable. Special offers will only be applied to your order if the correct information has been given and all qualifying conditions have been met. You must present your vouchers in resort in order to receive the services ordered. Failure to present a valid voucher will result in the service not being provided. Only valid ski extras vouchers can be exchanged for ski extras. A ski extras order confirmation received once your order has been processed online cannot be exchanged for ski extras in the resorts. Vouchers can only be exchanged for services exactly as specified on the voucher. 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 the Company for additional services or upgrades not paid direct will be charged to your card. It is your responsibility to ensure that you have adequate travel insurance in place to cover the cost of your ski extras in the event that you have to cancel or curtail your holiday. Certain products, such as season passes, are 100% non-refundable, and this is clearly indicated where relevant.
Ski extras only bookings: This clause applies to ski extras only bookings, which are not booked together with any accommodation or transport at www.skisafari.com or booked by telephone. These booking conditions apply in their entirety to ski extras only bookings with the exception of “Booking your holiday” and “Amendments, transfers or cancellations (A) By you”. If you book ski extras only, a binding contract will come into force when we send you your voucher(s) by email. The contract is made in accordance with English Law and is subject to the jurisdiction of the Courts of England and Wales. If you are resident in Scotland or Northern Ireland, the Courts of Scotland or Northern Ireland can deal with any disputes. Full payment is required at the time your order is made. All season passes are 100% non-refundable and non-transferable once ordered. For other ski extras, a cancellation charge of between 20% and 100% of the total order cost and depend on the cancellation policy of our supplier. If you are booking ski extras with another holiday element as part of a package with Ski Safari, the full cancellation term in our booking conditions above applies. Cancellations must be confirmed to us in writing by email, fax or letter. It is your responsibility to ensure that you have adequate travel insurance in place to cover the cost of your ski extras in the event that you have to cancel or curtail your holiday.
Using Vail Resorts Epic Credit - your acceptance of this Credit is subject to the terms and conditions for the 2019/2020 Pass Holder Credit available at www.epicpass.com/info/2019-2020-pass-holder-credit.aspx . Those terms and conditions include a release by you of any claims for other or additional refunds, credits or compensation related to the 2019/2020 resort closures.
Injury, off-piste skiing and avalanche: There is a risk of injury attached to winter sports, including skiing and snowboarding, and to cycling. The risk can be minimised by making sure that you are fit to ski/cycle before you travel and ensuring that you ski/cycle 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). 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. 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. If you suffer from any pre-existing injuries that may affect your ability to ski/cycle, please consult your doctor before you travel. 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 and medical conditions / disabilities / reduced mobility: If you have any special requests, you should inform us of such requests in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability. For your own protection, you should obtain confirmation in writing that a special request will be complied with (where it is possible to give this) if it is important to you. Any special request which we have accepted will be specifically confirmed as accepted on your confirmation invoice. Examples of such special requests include, but are not limited to, airline meals, specific room bedding, room types with benefits that are not paid for, special offer accommodation upgrades, honeymoon benefits, late check-out, baggage storage, special transportation arrangements.
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 suffer from any medical condition, disability or significant reduction in mobility which may affect your holiday (including any which affect the booking process) or have any special requirements as a result, please tell us before you confirm your booking so that we can assist you in considering the suitability of the arrangements and/or making the booking. In any event, you must give us full details in writing at the time of booking and whenever any material change in your condition, disability or mobility occurs. You must also promptly advise us if any medical condition, disability or reduced mobility which may affect your holiday develops after your booking has been confirmed.
Data protection: 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. In particular, if you have booked flights with us, the email and telephone contact details for the party leader will be shared with your airline(s) so that they may contact you in the event of flight cancellation or schedule changes (including delay in departure). Your details will not be used by the airline(s) for any other purpose. If you do not wish us to share your details with the airline(s) please let us know – you may not then receive information from the airline relating to operational disruption. 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.
If you have a complaint: In the unlikely event you have any reason to complain or may have a basis for making 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. You will be provided with contact details to enable you to do so before you go on holiday. Until we know about a complaint or problem, we cannot begin to resolve it. Most issues can be dealt with quickly.
In the event a complaint or problem is not resolved to your satisfaction locally and you wish to pursue the matter, you should contact us in writing with full details within 90 days of your return from the holiday.
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 paragraph (v) of the “Our liability to you” clause above, your right to claim any compensation you may otherwise have been entitled to may be affected or even lost as a result.
ABTA arbitration: Disputes arising out of, or in connection with, any holiday booking made with us which cannot be amicably settled, may be referred to arbitration, if you so wish, under a special scheme arranged by ABTA and administered independently. This is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs. The upper limit for claims is £5,000 per person and £25,000 per booking. The scheme does not apply to claims which are solely in respect of physical injury or illness or their consequences. It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount that the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within 18 months of the date of return from holiday. Outside this time limit, arbitration under the scheme may still be available if we agree but the ABTA code does not require such agreement. For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to mediation. Further information on the code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
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.
All information contained in the document correct as at 21 July 2020.