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Booking Terms and Conditions

Booking Direct

You can make a booking either by calling us direct on 0161 772 2110 or online via our website at www.ski1st.co.uk. (Please note, not all holidays we offer can be booked online) At the time of booking, you will be required to give us credit/debit card details for the deposit(s) (or full balance if booking within 10 weeks of the start of your holiday) and insurance as applicable. For all bookings we will then give you a reference number for you to quote on all correspondence/calls.

Deposit payments are per person. We regret we cannot accept passengers under the age of 18 unless accompanied by an adult. If you are booking within 10 weeks of the start date of your holiday you must pay the whole cost of the holiday at the time of booking.

Address for Payment

Payments must be sent to the following address:

Ski1st, Falcon Court, 209 Broadway, Salford Quays M50 2UE

Please note: All bookings are subject to availability.

Your Contract

By asking us to confirm your booking, you are liable to be regarded as having had the opportunity to read our booking conditions. A binding contract between us comes into existence when we have received all appropriate payment at time of booking and we have verbally confirmed the booking to you over the telephone, or in the case of online bookings, we have dispatched our confirmation invoice to you.

Prices and Brochure Accuracy Changes and Errors

Please note that holiday information and prices shown in our brochure and on our website may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of our brochure, website and prices at the time of publication, regrettably errors do occasionally occur. We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.

Your chosen holiday/arrangements (including the price) will be confirmed on your invoice. During the season it may be necessary on certain dates to purchase extra flights and/or coach capacity. This may result in an increase in costs as we cannot always negotiate the same favourable seasonal rates. We will, however, only pass on such increased cost to you where your booking has not been confirmed. All extra costs will be advised to you at the time of booking.

Final Payment

Please send the final payment so that we receive it no later than 10 weeks before the start of your holiday. This date will be clearly indicated on your invoice and failure to pay by this date may mean that your holiday will be cancelled and charges will apply. Should you indicate at the time of booking, your balance will automatically be debited from your credit card approximately 10 weeks before the start of your holiday using the details you gave at the time you booked your holiday.

Altered Bookings

All amendments to bookings must be requested by telephone to the Customer Service Department on 0161 772 2110, option 4 or by email to customer.services@ski1st.co.uk. We will endeavour to assist you. Once we have issued the confirmation invoice, there will be a charge of £20 per person per occasion a change is made (if the changes can be made) except as set below. Changes made within 10 weeks of departure will be treated as a cancellation of the original arrangements by you and cancellation charges will apply.

However, if the change is to increase the number of persons booked, no amendment fee or cancellation charges will apply for a name change where the holiday arrangements otherwise remain exactly as originally booked, no amendment fee or cancellation charges will be payable. Similarly, no amendment fee or cancellation charges will apply for a name change where the holiday arrangements otherwise remain exactly as originally booked unless flight tickets have been issued. In this case, an amendment fee of £20 per name change will be payable if on charter flights.

For scheduled flights, the airline may treat any change (including a name change) made after tickets have been issued as a cancellation of the original booking and impose 100% cancellation charges. Accordingly, you may have to pay the full cost of the flights in question as well as the amendment fee of £20 per person affected.

Late Bookings

If you book within 21 days of the start of your holiday, this will be regarded as a ‘Late Booking’. In these circumstances payment can only be accepted if made by credit or debit card, cash or a banker’s draft. Please note online bookings cannot be made less than 72 hours before departure.

Travel Details and Tickets

These details and documents will be sent to you approximately 2 weeks before the start of your holiday. Please carefully check your tickets immediately on receipt as flight timings can sometimes change from those published in our brochure and/or on our website or detailed on your confirmation invoice. However, if you are booking within 10 days of the start of your holiday or we have not received payment 10 days prior to the start of your holiday we will arrange for you to pick up your flight tickets from our representatives at the airport.

Your Holiday Security

Ski1st is fully bonded with the Travel Trust Association (number TTA R7942). As members, this means that our finances have been given a clean bill of health and that we have lodged a substantial bond to protect your holiday. We also hold an Air Travel Organiser Licence issued by Civil Aviation Authority (ATOL no 6777). These arrangements mean your booking with us will be protected as set out below in the unlikely event of our being unable to provide your contracted arrangements due to our insolvency.

If you book with us:

1.        A holiday which does not include any flight(s) you pay us for, or

2.        A holiday which includes any flight(s) you pay us for where either you, the person who pays for the booking, is present in the UK when the booking is made or the first leg of the flight(s) you pay us for starts in the UK.

Our TTA membership/ATOL licence will ensure that all monies you have paid to us are refunded or, if your holiday is already underway at the time, you are transported to the place where your holiday arrangements with us were due to finish.

Communications between Us

For bookings made directly with us online we shall send our confirmation invoice and any applicable amendment or cancellation invoice to you by email. If you have booked directly with us by phone we shall also send these documents by email if you have indicated at the time of booking that you would prefer to do so, otherwise we shall send these documents by post.

If you contact us by email (for example with a query relating to your booking), you authorise us to reply using the email you have used to contact us. You must accordingly check your email on a regular basis. Not all communications can be sent by email – for example tickets will usually be sent to you by normal post. We may also contact you by post if we cannot, for whatever reason, contact you in this way. References in these booking conditions to “send” include email and post, as appropriate.

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.

Making a Booking

Your contract with Ski1st (hereinafter called ‘we’ or ‘us’). In all cases, these booking conditions together with our Terms of Use and About Us section on our website at www.ski1st.co.uk.

Before making a booking, you must ensure you have read and understood these booking conditions (raising any queries you may have with us). By asking us to confirm your booking, you are liable to be regarded as having had the opportunity to do so and to have actually done so before a contract between us comes into existence. When you make a booking, the first named

Person on the booking must pay us deposits or full payment along with all appropriate insurance premiums if required.

A binding contract between us comes into existence when:

Non Online Bookings

We have received all appropriate payments at the time of booking (if you pay by credit or debit card you must have authorised us to deduct the appropriate payments from your card)

We have verbally confirmed the booking to you over the telephone

A confirmation invoice will be dispatched to the first named person on the booking once a binding contract between us has come into existence as set out above.

Online Bookings

We have received all appropriate payments from you at the time of booking and we have dispatched our confirmation invoice to you.

Please note; all bookings are subject to availability.

Full payment less any deposit pre-paid must reach us not less than 10 weeks prior to departure. The first named person on the booking is liable for making full payment for all persons named on the booking (including anyone added or substituted at a later stage). If payment is not received in full by the due date, we will issue a reminder to you. If, within 7 days of our issuing the reminder, we have not received the full, payment, we are entitled to assume that you wish to cancel the booking and we will retain the deposit paid. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 4 depending on the date we reasonably treat your booking as cancelled. We levy a 1.5% handling fee on all overdue balances paid by credit card.

Please carefully read your confirmation invoice, tickets and all other documents we send you as soon as you receive them. Contact us immediately if any information appears to be incorrect, as it may not be possible to make any changes later.

We regret we cannot accept liability if we are not notified of any inaccuracy in any document within 14 days of our sending it out (5days for tickets). We will do our best to rectify any inaccuracies notified outside these time limits.

However, you will be responsible for any costs and expenses involved in doing so except where we made the mistake and there is a good reason why you didn’t contact us within the time limit. Please note that telephone calls made to our reservations department may be monitored/recorded for training purposes. If you wish to, you may contact us by e-mail for any of the reasons mentioned in these booking conditions providing you do so to customer.services@ski1st.co.uk

Prices

We reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking.

Once the price of your chosen holiday has been confirmed at the time of booking, we will only increase or decrease it in the following circumstances. Price increases or decreases after booking will be passed on by way of a surcharge or refund. A surcharge or refund (as applicable) will be payable, subject to the conditions set out in this clause, in the event of increases or decreases in transportation costs (e.g. fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines and their agents and the tour operator) and/or in any dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports and/or where our costs increase or decrease as a result of any changes in the exchange rates which have been used to calculate the cost of the holiday.

Even in the above cases, only if the increase in our costs exceeds 2% of the total cost of your holiday (excluding insurance premiums and any amendment charges), we will levy a surcharge. If any surcharge us greater than 10% of the cost of your holiday (excluding insurance premiums and any amendment charges), you will be entitled to cancel your booking and receive a full refund of all monies paid to us (except for insurance premiums and amendment charges) or alternatively purchase another holiday from us of a similar standard as originally booked if available (if the alternative is less expensive, you will receive a refund but if it is more expensive, you will not be asked to pay any more). A refund will only be payable if the decrease in our costs exceeds 2% as set out above. Where a refund is due, we will pay you the full amount of the decrease in our costs.

You have 14 days from the issue date printed on the surcharge invoice to tell us in writing if you want to cancel or purchase another holiday. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14days of the issue date printed on the surcharge invoice, whichever is the later. We promise not to levy a surcharge within 30 days of departure.

Please note, changes and errors occasionally occur. You must check the price of your chosen holiday at the time of booking.

Amendment by the Client

All amendments to bookings must be requested by telephone to the Customer Services department on 0161 772 2110 (and confirmed in writing if requested by the customer services department) or by email to customer.services@ski1st.co.uk. If we are able to accept the change we will charge an amendment fee of £20 per person (maximum £100) per occasion a change is made. Changes made within 10 weeks of departure will be treated as a cancellation of the original arrangements by you and cancellation charges will apply as shown in clause 4.

However, if the change is to increase the number of persons booked no amendment fee or cancellation charges will apply. Similarly, no amendment fee or cancellation charges will apply for a name change where the holiday arrangements otherwise remain exactly as originally booked unless flight tickets have been issued. In this case, a £20 per person amendment fee is payable. In addition, scheduled airlines may treat and change (including a name change) made to a scheduled flight after tickets have been issued as a cancellation of the original booking and impose 100% cancellation charges. In order to make such a change in this situation, the full cost of the flight(s) affected must be paid again, in addition to the amendment fee of £20 per person. Please also see clause 4 below.

Cancellation by the Client

Cancellation shall take effect only when written we receive notification from the first named person on the booking. In all cases of cancellation the deposit, insurance premium and any amendment charges will be forfeited. If the booking is cancelled 10 weeks or less before departure the following cancellation fees, expressed as a percentage of the total holiday cost excluding insurance premiums and amendment charges, will become immediately payable to us.

Period before departure when we receive your written cancellation:

Cancellation charge per person cancelling:

More than 70 days

Deposit Only

43 to 70 days

30%

29 to 42 days

50%

15 to 28 days

70%

14 days or less

100%

If you or anyone going on holiday with you is unable to go for any reason or decides that he/she does not want to take the holiday, you may transfer the whole booking or the place on the booking of the person(s) concerned to someone else/other people suggested by you and acceptable to us providing you meet the following requirements:

(a)       You must provide us with full details of who cannot or does not want to go on holiday and who you would like to go instead. We must receive this information from you at least 14 days before the start of the holiday.

(b)       Please see clause 3 for details of any amendment fees and other charges/costs which may be payable. Any part of the booking not transferred and/or subsequently cancelled will be subject to cancellation charges as detailed above.

Everyone who goes on holiday in place of anyone who was originally due to travel must agree to these booking conditions and any other requirements, which apply, to the holiday before the change can be finalised. If the full price should have been paid when the change is requested but hasn’t been, this must also be paid before the change can be finalised.

Written confirmation from us of cancellation by you will be issued within 14days of us receiving your written notification of your wish to cancel. Contact us immediately if you do not receive this.

You may cancel your insurance by advising us in writing within 10 days of the issue date printed on your confirmation invoice if it does not meet your requirements, provided that you have not travelled and no claim has or will be made. After this period, insurance is totally non-refundable.

Alteration or Cancellation by the Tour Operator

Arrangements for the holidays featured on our website and in our brochure are made many months in advance. Occasionally, we have to make changes to and correct errors in our website and/or brochure and other details before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, in no case will we cancel your confirmed holiday less than 10 weeks before departure except where we are forced to do so as a result of ‘force majeure’ (as defined in clause 6) or failure on your part to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time). Most changes are minor. Occasionally we will have to make a significant change.

A significant change is a change made before departure which, taking account of the information you give us at the time of booking and which we can reasonably be expected to know, we can reasonably expect to have a major effect on your holiday. The following changes when made before departure are examples of significant changes:

  • A change of your UK departure airport to one which, in our reasonable opinion, is more inconvenient to you (except for a change from one London airport to another (London airports are Gatwick, Heathrow, Luton and Stansted))
  • A change of scheduled flight departure by 12 hours or more (not including flight delays)
  • In respect of your outward flight from the UK – a change of scheduled departure time of 3 hours or more which also involves a change from a day flight (i.e. one scheduled to depart from the UK between 6am and 6pm) to a late night flight (i.e. one scheduled to depart at any other time) (not including flight delays)
  • In respect of your return flight to the UK – a change of scheduled departure time of 3 hours or more which also involves a change from day flight (i.e. one scheduled to depart from resort between 6am and 6pm) to a late night flight (i.e. one scheduled to arrive back in the UK after 12.00 midnight) (not including flight delays)
  • A change of accommodation

Please note, a change in flight time of less than 12 hours (except as set out above), carrier, type of aircraft, destination airport (see also clause 7 below) or resort transfer arrangements will not constitute a significant change but will be treated as a minor change.

If we have to make a significant or cancel before departure, we will advise you as soon as we reasonably can and give you the choice of the following options if there is time to do so before departure: (a) (for significant changes) accepting the changed arrangements or (b) purchasing an alternative holiday from us, of a similar standard as booked if available (if the alternative is less expensive, you will receive a refund but if it is more expensive, you will not be asked to pay any more) or (c) cancelling or accepting the cancellation in which case you will receive a prompt and full refund of all monies paid to us. If we have to make a significant change or cancel, we will as a minimum where compensation is due pay you the compensation amounts set out in the table below depending on the circumstances and when the significant change or cancellation is notified to you subject to the following exceptions.

Compensation will not be payable and no liability beyond offering the above mentioned choices can be accepted where we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care.

No compensation will be payable and the above mentioned options will not be available if we cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or if the change made is a minor one.

A minor change is a change which taking into account the information you give us at the time of booking or which we can reasonably be expected to know, we could reasonable expect to have a significant effect on your holiday. No compensation is given to children aged 2 or under.

Period before departure when we notify you:

Minimum compensation per person:

More than 70 days

£20.00

Between 28 and 70 days

£30.00

Between 14 and 27 days

£40.00

14 days or less

£50.00

Very rarely we may be forced to change or terminate your holiday after your holiday arrangements have started as a result of ‘force majeure’ (see clause 6). In this very unusual situation, we regret we cannot make any refunds (except where those are obtained from suppliers) or pay any compensation or be responsible for any costs or expenses incurred by you as a result. If, after departure, we are unable to provide a significant proportion of the services we had agreed to provide as part of our contract with you, we will do our very best to suitable alternative arrangements. If we cannot do so or you refuse to accept these for good reasons, we will arrange to fly you back to your UK departure airport (if the arrangements we agreed to provide included flights) or to transport you to the point our contracted services commenced (if elsewhere than your hotel) as soon as we reasonably can. Except as set out above, you will in addition be entitled to compensation where appropriate.

If your flight is cancelled or delayed, your flight ticket is downgraded or boarding is denied by your airline in circumstances which would entitle you to claim compensation against the airline under EC Regulation No 261/2004 – the Denied Boarding Regulations 2004, you must pursue the airline for the compensation due to you. All sums you receive or are entitled 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 other payment (as dealt with the above) is covered by the airline’s obligation under the Denied Boarding Regulations.

Important Notice – Force Majeure

Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected 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 service(s) in question could not, even with all due care, foresee or avoid. Such events are likely to include war or threat of war, civil strife, riot, industrial dispute, actual or threatened terrorist activity, natural or nuclear disaster, fire, technical problems with transport, closure or congestion of airports or ports, adverse weather conditions and all similar events out of our control.

Travel

The flight timings, carriers, types of aircraft and resort transfer times shown on our website and in our brochure and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. Up to date flight times will be shown on your flight tickets. You must therefore check these carefully immediately upon receipt. Whilst unlikely, it is possible that flight times may be changed even after tickets have been despatched – we will contact you if this happens. We are not always in a position to confirm the aircraft type, airline or airport of destination, which will be used in connection with your flight at the time of booking. Any change in any of these details where given will not entitle you to cancel or change to other arrangements without paying our normal charges.

In the unlikely event of a change of your confirmed overseas airport, we will of course arrange for you to be transported to and from the alternative airport without any additional cost to you. Flight timings are particularly outside our control. They are set by airlines and are subject to air traffic control restrictions, weather condition, potential technical problems and the ability of passengers to check in on time.

The times stated on your confirmation invoice are provisional and we cannot guarantee that flights will leave at these times, or indeed, at the times shown on your tickets. We cannot be held liable for any delay which is due to any of the reasons set out in clause 9 (1) of these booking conditions (which includes the behaviour of any passenger(s) on the flight who, for example, fails to check in or board on time). In addition, we will not be liable for any delay unless it has a significant effect on you arrangements. In certain circumstances you may be able to make a claim under the insurance policy arranged by us, if you have taken our insurance, and we would refer you and your party to the terms of that policy. Notwithstanding the above, Ski1st and the carrier will make all reasonable efforts as practical to reduce the discomfort suffered by you as a result of the delay.

Specific instructions relating to the departure and travel arrangements will be sent with the air or other travel tickets approximately 2 weeks before departure. It is your responsibility to ensure that all members of your party are in possession of all the necessary travel and other documents before departure. We regret we cannot accept liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results in costs, expenses, fines, surcharges or other financial penalty being imposed on or incurred by us, you will be responsible for reimbursing us accordingly.

Damage By and Behaviour of the Client

Ski1st or its employees shall be entitled to recover from you the cost (reasonably estimated if not precisely known) of any damage or lost caused by you. If the actual cost of any damage or loss is less than the amount paid by you at the time where only an estimation could be given, the difference will be refunded. Any extra must be paid if the actual cost turns out to be more than was paid at the time. You agree to behave responsibly and not to disrupt that enjoyment of others on holiday with you or prejudice Ski1st’s reputation with the owners of its accommodation or its suppliers.

We reserve the right to immediately terminate the holiday of any client whose behaviour is such as in our reasonably opinion or in the reasonable opinion of any other person in authority does or is likely to cause distress, danger or annoyance to other clients, employees or to any third party or damage to property. In the event of such termination, our responsibility for the client immediately ceases and we will have no further contractual obligations towards that person including return travel arrangements. We shall further be under no liability to make any refunds or meet any costs or expenses incurred by you as a result or pay any compensation.

Liability of Ski1st

(1) 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 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 taken if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).

(2) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -

- 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

- ‘Force majeure’ as defined in clause 6 above

(3) Please not, 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 on our website and we have not agreed to arrange them and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website or elsewhere, we only promise to use reasonable skill and care as set out above and we do not any greater or different liability to you.

(4) The promises we make to you about the services we have agreed to provide or arrange as part of our contract – and the laws and regulations of the country in which you claim or complaint occurred – will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services will be treated as having been properly provided. This will be the case even if the services have been provided in the UK. The exception of 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.

(5) As set out in these booking conditions we limit the maximum amount we may have to pay you for any claims you may make against us.

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 the maximum amount payable for the claim in question under the insurance policy we offer as set out on our website and in our brochure unless a lower limitation applies to you claim under this clause or clause 9(6) below.

This maximum limit applies whether or not you take out our recommended insurance policy. When dealing with any such claim, we will use the definitions contained in our policy. A copy of the policy wording can be provided on request.

For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (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 clause 9(6) below. The maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.

(6) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by an air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you on any basis is the most carrier or the hotel keeper concerned would have to pay under the International Convention or Regulation which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or 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, the Athens convention for international travel by sea.). Please note: Where a carrier or hotel would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim, we similarly are not obliged to make a payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description which (1) on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (2) did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses

(8) You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell us and the supplier concerned about your claim or complaint as set out in clause 12 below. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whosoever else is responsible for your claim or complaint (if the person concerned in under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.

Legal Assistance

If any client suffers death, illness or injury by misadventure whilst overseas arising out of an activity which does not form any part of the holiday or of any excursion booked or arranged through us, we shall at our discretion offer advice, guidance and assistance to help you in resolving and claim you may have against a third party (including meeting initial legal costs), provided any assistance is requested within 90 days of the incident occurring. Where legal action is contemplated for which our assistance is required our authority must be obtained prior to commencement of proceedings.

If you are entitled to receive any money to meet any costs or expenses arising from any such incidents from any insurance policy or obtain a costs order against anyone in relation to the incident, you must repay to us the costs and expenses we spend in assisting you. Our costs in respect of the above on behalf of you and your party shall not exceed £5000 in total.

Airlines & Other Carriers

When you travel with any carrier, the conditions of carriage of that carrier will apply, some of which may limit or exclude their liability to you often in accordance with the applicable international conventions. Copies of the conditions of carriage are available from the carrier. Our website and our brochure are our responsibility. They are not published on behalf of, and do not commit the airlines mentioned in it or any airline whose services are for any holiday. Please note that in accordance with Air Navigation Orders, for a child not to be allocated their seat on an aircraft they must be under 2 years of age on their return flight.

Insurance

All clients must have insurance, which provides at least the same level of cover as our recommended policy as detailed on our website and in our brochure. You must also ensure that the insurance you purchase provides adequate cover in respect of any excursions and/or activities you undertake whilst on holiday. (Please note most travel insurance policies do not cover hazardous activities such as ski jumping, ski racing, deep diving, etc. If you intend to take part in any such activities, you must obtain appropriate specialist insurance cover).

Insurance premiums should be paid at the time of booking the holiday in order for cancellation cover to be effective from that time. If you do not take out our insurance, we will not be responsible for meeting any sums, which would have been covered by the insurance.

You will further be responsible for paying to and indemnifying us for such sums, which we meet on your behalf. Please read your policy details carefully and take them on holiday with you. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We do not check alternative insurance policies.

Complaints

Should you have a problem or complaint at any time during your holiday, you must report it immediately to the hotel manager and, if applicable, the supplier of any other services concerned who will endeavour to put things right quickly. Any complaint, which is notified verbally, must also be put in writing as soon as possible during your holiday. If you remain dissatisfied please right to our Customer Services Department at:

Ski1st, Falcon Court, 209 – 215 Broadway, Pacific Quays, Salford M50 2UE

Or email us at customer.services@ski1st.co.uk within 28 days of your return from holiday, giving all relevant information. Please include your e-mail address and daytime and evening

telephone numbers (if you are happy for us to contact you in this way), as this will enable us to respond to you more quickly. If you are not satisfied with our response we must be informed within another 28 days from the date of our correspondence.

If you fail to follow this simple complaints procedure, your right to claim any compensation you may otherwise have been entitled to, may be affected or even lost as a result.

Special Requests

If you have any special requests, please inform us in writing at time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot promise that any request will be complied with unless we have specifically confirmed this. For your own protection, you should obtain confirmation in writing from ourselves that your request will be complied with (where it is possible for us to give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of your 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.

Arbitration

It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes arising out of, or in connection with, the contract, which cannot be amicably settled, may (if you so wish) be referred to arbitration under a special scheme which, though devised by arrangement with the Travel Trust Association is administered quite 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. The most which can be claimed under the scheme is £2500 per person up to a maximum of £10,000 per booking. It does not 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 £500 on the amount the arbitrator can award per person in respect of this element. This application for arbitration and statement of claim must be received by the Chartered Institute or Arbitrators within 9 months of the date or return from the holiday. Outside this time limit arbitration under the Scheme may still be available if the company agrees, although the TTA code does not require such agreement.

Jurisdiction

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 (except as set out below). We both also agree that any

dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with under the TTA arbitration scheme, 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 any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English Law will apply)

Data Protection

For the purposes of the Data Protection Act 1998, we are a data controller. In order to process your booking, we need to collect certain personal details from you. These details will include, where applicable, the names and addresses of party members, credit/ debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect the chosen holiday arrangements and any dietary restrictions which may disclose your religious beliefs. If we need any other personal details, we will tell you before we obtain them from you.

We need to pass on your personal details to the companies and organisations who need to know them so that your holiday can be provided (for example your airline, hotel, other supplier, credit/debit card company or bank). Such companies and organisations may be outside the European Union, Norway, Iceland or Liechtenstein if your holiday is to take place or to involve suppliers outside these countries. We would also like to store and use your personal details for future marketing purposes (for example, sending you a brochure or details of a promotion).

All details you give us in connection with your booking (including those relating to any disability or medical condition or your religious beliefs) will be kept but we will use only names and contact details for marketing purposes. Occasionally, we may sell clients names and addresses to other companies or organisations who offer goods and services that we feel may interest you. If you do not want us to do any or all of these things, please let us know as soon as possible. We are entitled to assume you do not object to our doing any of these things mentioned in this statement unless you tell us otherwise in writing.

Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out above unless you agree otherwise. We have appropriate security measures in place to protect this information.

You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may be or have been disclosed. We will charge a fee to respond to such a request. We promise to respond to your request within 40 days of receiving your written request and fee. In certain limited circumstances we are entitled to refuse your request. If you believe that any of your personal details which we are processing are inaccurate or incorrect please contact us immediately.

The privacy statement covers websites owned and controlled by us only. Links to other websites and any information collected by these sites are not covered by this privacy statement.

As our privacy statement may change due to developments in the law, we would encourage you to reread our privacy statement from time to time so that you are aware of any changes in how we gather and use personal information.