Making your booking:You may make a provisional booking at no immediate cost by calling 020 8542 5559. This provisional booking will be held for you for three (3) working days, by the end of which time you must have returned your booking form and £200 deposit per person to confirm your booking. If we do not receive your booking form and deposit by this time the provisional booking will be void. The person making the booking (the party leader) must sign the booking form and must be authorised to make the booking on the basis of these terms and conditions by all the persons named as travelling with him on the booking form. By signing the booking form the party leader warrants that he has that authority and confirms their agreement to be bound by these terms and conditions. The party leader must be over the age of 18 at the time of booking. Any persons under the age of 18 must have written consent from their parents/guardians. Once we have received your booking form and deposit we will, subject to availability and if we accept your booking, send a confirmation letter accompanied by an invoice for the full price of your holiday and showing the balance payable (if holiday is not booked within 10 weeks of departure see clause 2 below). This confirmation letter and invoice and all tickets and other documents and information will be sent to the party leader who must inform other members of the party. The party leader is responsible for the full cost of the holiday and any further charges and for making all further payments to Ski a la Carte. Upon receipt of the invoice you must check to make sure all details are correct and contact us immediately if this is not the case. We cannot accept any liability if we are not notified of any mistake in any document within five (5) working days of our sending it to you. Later notification may result in further charges which will be payable by you. The only exception to this is if any mistake in question was made by us and there is a good reason why you did not inform us of the mistake within five (5) working days.
Payment: To confirm you holiday booking with Ski a la Carte, you must pay a deposit of £200 per person (non-refundable) or the full price of the holiday if booked within 10 weeks of the departure date at the time of booking. The balance of the price must be received by us 10 weeks prior to the departure date. This date will be shown on your booking invoice and confirmation letter. No reminder will be sent. If all payments are not received in full and on time we are entitled to assume you wish to cancel your booking. Payments may be made to us by cheque made payable to Ski a la Carte Limited or bank transfer. Our bank details will be shown on the booking form and our invoice. Bear in mind that we require five working days to clear a cheque. Tickets will not be issued until you have paid for the cost of the holiday is full.
Contract: These terms and conditions contain some exclusions and limitations of liability. If any part of them proves to be invalid or unenforceable the rest of them will remain in force. A binding contract between us exists when we send our confirmation letter and invoice to the party leader. This contract and all matters arising from it are governed by English law. You agree that any dispute which arises from this contract or your holiday will be dealt with by the courts of England and Wales.
Cost of your holiday: Prices shown on our website are subject to change and we reserve the right to make changes or correct any error to advertised prices at any time before a holiday booking is confirmed. Once a price is confirmed, we will only alter the price in the following circumstances: a surcharge or refund ( as applicable) will be payable if extra transportation costs, such as fuel surcharges ,extra aircraft insurance and security costs are incurred, or taxes or fees payable for services such as landing or embarkation or disembarkation fees at ports or airports increase or decrease, or there are fluctuations in currency exchange rates we have used to price your holiday. We will not however increase the price in respect of such circumstances which would produce an increase of two (2) per cent or less or increase the price within the period of 30 days prior to your departure.
Changes made by you: If you want to make any changes to your confirmed holiday, you must notify us in writing as soon as possible. We will do what we reasonably can to make such changes but do not undertake that we will be able to accommodate all or any such changes. Where we can make changes, a minimum charge of £25 will be payable in respect of each change request together with any other costs incurred by us or charged by any of our suppliers. Where you make several changes at the same time we will only make a reasonable over all charge.
If you cancel: Should you or any member of your party need to cancel your chosen holiday after it is confirmed, we must immediately be informed in writing by the party leader. Cancellation will take effect on the date we receive this written notice. If you cancel after we confirm your booking you must compensate us for losses, as we incur costs from the moment you make the booking. The closer your cancellation is to the departure date, the less likely we are to re-sell the holiday at the published price. Our cancellation charges therefore increase as the departure date approaches. The charges by reference to days before departure are listed in the table below.
Days in advance Cancellation charge More than 70 days Deposit only 31 – 70 days 50% 21 – 31 days 80% 0 – 21 days 100% Depending on the reason for you cancelling, you may be able to claim back the costs of cancellation from your travel insurance. This is no responsibility of ours and claims must be made directly to your insurance company. If the cancellation is in conjunction with any free places or special deals, a new invoice will be sent based on the new circumstances. If any party member is unable to travel, their place can be transferred to someone else provided we are informed at least two (2) weeks prior to the departure date and subject to payment of any costs set by us or our suppliers being met. For example, most airlines treat a change of name as a cancellation and impose extra charges, which you will have to pay. We will do what we reasonably can to accept a transfer later than this time but do not undertake we will be able to do so, and we may only be able to do so with the agreement of our suppliers, and will only do so subject to payment of any costs we incur including any surcharges made by our suppliers.
Insurance: You cannot travel with us without adequate travel insurance. We make it a term of our contract that you and all members of your party are appropriately insured. You should have winter sports insurance cover at least equal to our recommended policy, as the costs of rescue and medical expenses overseas can be very high. We cannot pay these costs for you. If you do not wish to purchase travel insurance from our recommended supplier, you must provide us with details of an alternative insurer and your policy number either at the time of booking or within 14 days of it (or at the time of booking if your booking is made within 21 days of departure). If you or any members of your party fail to do this, we will require you or them (as applicable) to take out our recommended insurance before we send you your tickets.
Cancellation and changes by us: As we plan our holidays months in advance, occasionally mistakes may occur and we may have to make changes to prices and bookings and correct errors both before and after booking as required. Whilst we will always endeavour to avoid changes and cancellations, we reserve the right to do so. Sometimes we may have to make a significant change. A significant change is any change made before departure that we can reasonably expect will have a major effect on your holiday. Such changes include, but are not limited to, a downgrade in accommodation, a delay in outward departure time of more than 12 hours, or a change in departure location which is less convenient to you. If we have to make a significant change or cancel, we will notify you as soon as possible. If there is time to do so before departure, we will offer you one of the following options
- You may accept the change and receive a rebate (where applicable)
- You may arrange an alternative holiday with us, subject to availability, as you see fit
- You may cancel your booking and receive a full refund of all monies paid to us.
These options are not available if the change is not a significant one.
Ski guiding: We reserve the right to cancel or curtail ski guiding days at any time. Ski guiding is not ski instruction and all routes are merely suggested paths. Guests who participate do so at their own risk. If you require ski instruction you should book lessons with a ski school in the resort.
Behaviour: When you book your holiday with us, you accept full liability for any damage or loss caused by you or your party. Any costs associated with this are payable by you as soon as practicably possible after the loss or damage is caused. In the event that you do not comply with this, you will then also be liable for any costs incurred by us including, but not limited to, the legal fees of all parties involved.
We expect all our clients to show consideration for other guests and staff whilst on their holiday. If in our reasonable opinion you or a member of your party is acting in a way that could be reasonably seen to cause danger, upset or distress to any third party (including without limitation us, our staff or our other guests) or damage to property we reserve the right to terminate that person’s holiday with immediate effect. In this situation, the person or persons concerned will be required to leave the accommodation immediately without prejudice to any claim for loss or damage we may have arising from the behaviour or property damage concerned. We will have no responsibility for any further needs of this person(s). No refunds will be made and no costs associated with the termination will be paid by Ski a la Carte.
Complaints and problems: In the unlikely event that you wish to complain or have a problem with your holiday whilst away, you must immediately inform a manager of the service you have the problem with and why. Any verbal notification must be confirmed in writing and submitted to that manager. Until we are aware of a problem we cannot begin to resolve it. Most problems can be solved quickly, but should you continue to be dissatisfied with something, notify us in writing within 28 days of your return to the UK. Only the party leader should contact us with any complaints or problems. If you fail to follow this procedure, you may lose your right to claim and to any compensation to which you may be entitled.
Special requests: If you have any special requests, you must inform us on the booking form even if you have already discussed these with us. Whilst we will endeavour to accommodate any reasonable requests, we cannot undertake to do so. A failure by us to meet a request is not a breach of contract on our part. We do not accept conditional bookings where a booking is only confirmed when a request has been met. All bookings are treated as standard. If conditions of a request are confirmed on your confirmation invoice, this is still no guarantee of any requests being met. We will not be liable in any way in respect of special requests which are not confirmed on the booking form.
Medical problems: Before you book please inform us of any medical problem or disability that may affect your holiday. You must also inform us in writing of such problem or disability at the time you make your booking.
Conditions of suppliers: Some of the services which make up your holiday will be provided by independent suppliers. These suppliers operate under their own terms and conditions. Please refer also to clauses 15 and 19 below.
Flights and other transport: The timings of flights provided on our website or when you book are for general guidance only and are subject to change. We may change airlines or aircraft type at any time; this does not count as a significant change (see clause 8 above). Actual flight times will be on your tickets which will be sent to you approximately two (2) weeks before departure. It is possible the flight times may change after tickets have been issued and we will inform you of any changes as soon as possible.
Passports:All members of your party must possess a valid passport along with all necessary visas and permits required to enter France. Any costs or fines incurred due to any party member’s failure to comply with any visa or immigration requirements will be passed on to the party leader.
Financial Security: We hold an Air Travel Organiser’s Licence issued by the Civil Aviation Authority (ATOL number 6785). This means the air holidays in our brochure are ATOL protected. In the unlikely event of our insolvency, the CAA will arrange to refund any money you have paid to us for an advance booking or, if you have already departed on your holiday, ensure that you are not left stranded abroad. For further information you can visit the ATOL website, www.atol.org.uk. www.atol.org.uk
Force majeure: Except where otherwise expressly stated in these terms and conditions, we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented of affected by, or you otherwise suffer any damage or loss (as more fully described in clause 19(1) below) as a result of, ‘force majeure’. In these terms and conditions, ‘force majeure’ means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, terrorist activity or actual threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
Our liability to you: Please note that sub-clauses 1-6 below do not apply to any bookings you make for lift passes, ski equipment hire or ski school see sub-clause (6) below.
(1)We promise to make sure that all parts of the holiday we have agreed to arrange, perform or provide as part of our contract with you are arranged, performed or provided with reasonable skill and care. We will accept responsibility if any death, personal injury, failure or deficiency of your holiday arrangement is caused by any failure by ourselves or our employees (providing they were at the time acting within the course of their employment) or our agents or suppliers (as applicable) to use reasonable skill and care in performing or providing the service in question. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim.(1)
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 fault of the person(s) affected or any member(s) of their party or
- the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or
- any event or circumstance which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see clause 18)
- the fault of anyone who is not carrying out work for us (generally or in particular) at the time.
In addition, we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your holiday or where any problems you suffer did not result from any breach or our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business.
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 any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure or on our website and we have not agreed to arrange them.
(2) The promises we make to you about the services we have agreed to provide or arrange as part or our contract and the laws and regulation of the country in which your claim or complaint occurred will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulation applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulation of the UK which would have applied had those services been provided in the UK. Please refer to clause 20 below. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question. Any compensation payable by us shall be limited in accordance with the lowest limit under the applicable international conventions governing the services , or the amount you can recover from them under the laws of the UK or the country in which they operate. As stated in clause 15 above, transport operators have their own conditions of carriage which form part of your contract with us.
(3) We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury, illness or death. Except where loss of and /or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis is twice the holiday price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from you holiday. 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 £50 per person affected, as you are assumed to have taken out adequate insurance at the time of booking. Please also see sub-clause (4) below.
(4) Where and claim or part of a claim concerns or is based on any travel arrangements (including the process or getting on and off the transport concerned) provided by any air, sea, rail or road carrier, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention which applies to the travel arrangement in question (for example, the Warsaw Convention as amended for international travel by air and/or for airlines with an operating licences granted by an EU country, the EU Regulation on Air Carrier Liability for national and international travel by air, the Montreal Convention 1999 , EC Regulation 261/2004 on compensation for passengers for denied boarding, cancellation and long flight delays, and the Athens convention for international travel by sea). Please refer to clause 15 and clause 19 (3) above. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider for the complaint or claim in question.
(5) 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. If asked to do so, you must transfer to us or our insurers any rights you have against the supplier or whoever else is responsible for you claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with us and our insurers if we or our insurers want to enforce any rights which are transferred.
(6) Please note, in relation to any booking we take and/or make on you behalf for lift passes and/or ski school and/or ski, boot or other equipment hire, we act only as agent for the supplier of the services concerned. We accept no liability in relation to any contract you enter into for these services or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with them. For all such arrangements, your contract will be with the supplier of those arrangements. Please refer also to clause 22 below.
Safety standards: Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services, and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may be lower.
- Prices and brochure/website accuracy: Please note, the information and prices shown in this brochure may have changed by the time you come to book your holiday. Whilst every effort is made to ensure the accuracy of the brochure and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen holiday (including the price) with us at the time of booking.
Excursions, activities and brochure/website information: The information contained on our website is correct to the best of our knowledge at the time of its being posted on the site. Our website descriptions may refer to activities which are available in the area you are visiting. We have no involvement in any such activities which are neither run, supervised nor controlled in any way by us. They are provided by local operators who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/centres and/or assist you in booking such activities in any way. Accordingly, we cannot accept any liability in relation to such activities and the acceptance of liability contained in clause 19 above will not apply to them.
- Delay: We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Any airline concerned may however provide refreshments and other welfare and may be required to do so in accordance with EC Regulation 261/2004 on compensation for denied boarding, cancellations and long flight delays. We cannot accept liability for any delay which is due to any of the reasons set out in clause 19(1) (a) (b) (c) or (d) of these terms and 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 holiday arrangements.
Privacy statement:: In order to process your booking Ski a la Carte need to collect certain personal details from you. These will include the names and contact details of party members, 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, other supplier or bank). We would also like to store and use your personal details for future marketing purposes (for example, sending you a brochure or details of promotion, including by email). All details you give us in connection with you 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 client’s names and contact details to other companies or organisations who offer good or services which we feel may interest you. We may need to disclose our customer database to a third party who acquires or attempts to acquire our company or our website service. If you do not want us to do any or all or these things, please let us know as soon as possible. Except where expressly permitted by the Data Protection Act, we will only deal with the personal details you give us as set out above unless you agree otherwise. We have appropriate security measures in place to protect this information.
You must comply with the conditions of carriage applied by land, sea and air carriers which are hereby incorporated in and made a condition of this contract. The provisions of the Warsaw Convention 1929 (as amended) concerned with the carriage of passengers and their luggage by air may apply to you and your party during your flight and during embarkation and disembarkation (see below).These provisions and conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and may make special provision for valuables. We will supply a copy of such conditions of carriage for your holiday if you request them.
Montreal Convention - IMPORTANT NOTICE TO PASSENGERS
WARNING: The text of the notice below is required by European Union legislation but it is not a wholly accurate or complete description of the carrier's liabilities. It cannot be used as a basis for claims for compensation or interpretation. In all cases the carrier will only be liable for claims for which legal liability is established. A" Community air carrier " means an air carrier with a valid operating licence granted in accordance with EU Regulation (EEC) No. 2407/92.
Air carrier liability for passengers and their baggage
This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montreal Convention.
Compensation in the case of death or injury
There are no financial limits to the liability for passenger injury or death. For damages up to 100 000 SDRs (approximately £82,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.
Advance payments
If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16 000 SDRs (approximately £13,000).
Passenger delays
In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4 150 SDRs (approximately £3,500).
Baggage delays
In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1 000 SDRs (approximately £820).
Destruction, loss or damage to baggage
The air carrier is liable for destruction, loss or damage to baggage up to 1 000 SDRs (approximately £820). In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.
Higher limits for baggage
A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.
Complaints on baggage
If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger's disposal.
Liability of contracting and actual carriers
If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.
Time limit for action
Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.
Basis for the information
The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No 2027/97 (as amended by Regulation (EC) No 889/2002) and national legislation of the Member States.
NOTE The Montreal Convention may limit the liability of carriers in respect of death or injury and for destruction or loss of, or damage to, baggage, and for delay.
For claims made in jurisdictions where these provisions are not in force, to the extent not in conflict with the special contractual terms adopted by a Community air carrier, the Warsaw Convention of 1929 (and any amendments to it that may be applicable) may apply and may limit the liability of carriers for death or personal injury and in respect of loss of or damage to baggage.
