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Ski Power Booking Terms and ConditionsThe following Booking Conditions form the basis of your contract with Ski Power Limited. Please read them carefully as they set out our respective rights and obligations. They apply only 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 agreement with you. References in these Booking Conditions to “arrangements” mean such holiday arrangements Our obligations to you may vary depending upon whether what you book with us is a package (as defined below), or a single component arrangement, and our differing obligations are set out below, in three separate sections. Sections A and B will apply when you book a package, and Sections A and C will apply where you book a single component arrangement.
SECTION A _ TERMS APPLYING TO ALL BOOKINGS1. Making a booking The first named person on the booking will be the party leader and will be responsible for making all payments due to us. He/she must be at least 18, and be authorised to make the booking on the basis of these Booking Conditions by all persons on the booking. In making the booking,, the party leader confirms that he/she is so authorised and that all party members agree to be bound by these Booking Conditions. A binding agreement will come into existence between us when we issue our confirmation invoice. We will email this invoice to the party leader. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it will not be possible to make changes later.
English Law alone will apply to our agreement and to any dispute or claim which arises between us out of it. Any such dispute or claim must only be dealt by the Courts of England and Wales. 2. Payments and Pricing In order to confirm your chosen holiday, a deposit of £150 per person plus £25 per person if flights are booked at the same time (or full payment if booking within 12 weeks of departure) or such other sum as agreed by Ski Power Ltd must be paid at the time of booking. All bookings of Flight only offers, Independent transfers, Ski Passes, Equipment Hire and Ski Lessons are required to be paid for in full at the time of booking. You must also pay all applicable insurance premiums if you wish to purchase the insurance policy we offer. The party leader is liable for full payment for the booking including all those persons to whom the Confirmation Invoice applied, whether specifically named at the time of issue or not, and for other persons Ski Power Ltd was subsequently requested to book and in respect of whom Ski Power ltd issued a Confirmation Invoice. All payments must be made by credit card, debit card, cheque or bank transfer transaction. Credit card payments will incur a charge of 2.5% (Visa & Mastercard) or 6% (AMEX & Dinners Club) of the total invoice value. Payment will be considered to have been made only upon the receipt of cleared funds into Ski Power Ltd’s bank account. Your Holiday Booking Reference must be quoted on any bank transfer transactions and on the reverse of any cheques and Ski Power Ltd cannot be held responsible for the non allocation of funds received without a correct booking reference clearly stated. Should Ski Power Ltd be asked to trace a bank transfer or cheque payment that was made without a correct holiday booking reference a charge of £30 (plus any charges levied by Ski Powers bank) per transaction will be made. Full payment of the balance invoice is due at least 12 weeks prior to the commencement of the holiday. If payment is not received by this date, or in the case of cheques sent by you being dishonoured, Ski Power Ltd reserve the right to treat the booking as cancelled by you and to levy the appropriate cancellation charges as set out in clause 5 below. All monies you pay to one of our authorised travel agents for your arrangements with us will be held by that agent on our behalf until they are paid to us or refunded to you. We reserve the right to amend the advertised prices of arrangements at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking. 3. Insurance It is a condition of booking that you, and all persons named on any Confirmation Invoice issued by Ski Power Ltd to you, must be adequately insured to at least the same level as Ski Power Ltd’s recommended policy, which can be purchased at the time of booking. If you do not take out Ski Power Ltd’s recommended insurance, Ski Power ltd will not be responsible for meeting any sums which would have been covered by the insurance we offer, for example the cost of replacement flights should a Ski Power transfer be delayed. Insurance cover will not be effective until we receive payment of premiums in full. Please read your policy and take it with you on holiday. 4. Cancellation and Changes by the Client If you cancel all or part of your booking after a Confirmation Invoice has been issued by Ski Power Ltd,. Cancellation charges will be applied at the date of our receipt of your written notice of the cancellation . Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges. Insurance premiums, Airport transfer charges and amendment charges are not refundable in the event of the person(s) to whom they apply cancelling. Where a discount of any type has been granted from the standard adult price (eg Group discount, child discount etc) any cancellation, whether in part or in full, or amendments to the booking will result in the immediate cancellation of all discounts applying to the booking, and the standard Adult price shall apply to all remaining members. More than 12 weeks before departure: Loss of deposit 8-12 weeks of departure date: 50% of total cost. 5-8 weeks of departure date: 80% of total cost. 5 weeks or less of departure date: 100% of total cost. Should you wish to make any alterations to your confirmed booking, you must notify Ski Power Ltd as soon as possible in writing. We will do our utmost to accommodate your request but this may not always be possible. Where it is possible, Ski Power Ltd will charge you an amendment fee of £30 per person plus any costs incurred by Ski Power Ltd or charges or costs incurred or imposed by our suppliers. If the alteration is within 12 weeks of departure, we reserve the right to treat it as a cancellation by you, in which case the cancellation charges set out above will apply. In the case of substitution of names, insurance is not transferable or refundable and must be rebooked. For flight inclusive bookings, you must pay the charges levied by the airline concerned and because most airlines do not permit name changes after tickets have been issued, these charges are likely to be the full cost of the flight. If you fail to arrive at your accommodation on your booked arrival date in resort, and do not advise Ski Power Ltd of a revised arrival date (within the dates of your booked holiday period) by 8pm that day, Ski Power Ltd reserve the right to treat your holiday as cancelled by you and impose the above cancellation charges. 5. Specific Terms relating to Ski Power Private Minibus Transfers These specific terms relate to transfers utilising Ski Powers own Minibus service only. If transfers are booked with a third party you agree to be bound by their terms and conditions. All other terms and conditions continue to apply to any Transfer booking. Ski Power guarantee to get you to your chosen destination even if you are delayed and we will not make any surcharge. The original driver will wait for up to one hour after the booked arrival time and longer if it is possible within the driver’s schedule. If you arrive after this time you must call the UK head office upon landing and alternative arrangements will be made to ensure you are transferred to resort with the absolute minimum possible delay Customers are limited to two items of baggage plus one item of hand luggage (including any ski or snowboard bag). In the event of any client having excess luggage Ski Power reserve the right to refuse to load or transport any excess luggage. Passengers are not permitted to take onto our vehicles any alcholoic drinks for the purpose of consuming them or to drink such drinks on our vehicles. Ski Power reserve the right to refuse to carry any person who is thought to be under the influence of alcohol or drugs and/or whose behaviour is considered to pose a threat to the driver, the vehicle or any other passenger. Smoking is not permitted in any Ski Power vehicle. You absolve Ski Power Ltd of any responsibility or liability in respect of any child seats, booster seats or other seating equipment supplied by Ski Power Ltd and accept that such equipment is inspected by and fastened securely by a parent of the user and is used at your own risk. Ski Power or its representatives may not be held responsible in any way for any injuries sustained whilst using this equipment. Ski Power will endeavour to carry the passenger with the minimum discomfort and inconvenience to his/her destination. However circumstances beyond our control may prevent the achievement of this responsibility. The following are additional examples (to those cited in Clause 8 below) of circumstances which are not within our control; Accidents causing delays to vehicles; restricted vehicular access; exceptional or severe weather conditions; compliance with the requests of the police, government or other emergency services; unforeseen traffic delays, Problems caused by other customers, other circumstances affecting passenger safety. Should you cancel in part or in full a Ski Power private minibus transfer booking at any time the cancellation charge is 100% of the full cost of that transfer booking. 6. Travel Where flights form part of your contract with us, they are expected to be by way of a Boing 737-800 or Airbus A310/A320 aircraft. We are not always in a position at the time of booking to confirm the carrier(s), aircraft type and flight timings which will be used in connection with your flight. We shall inform you of the identity of the actual carrier(s) or any change in the identity of the actual carrier(s) as soon as we become aware of this. The carrier(s), flight timings and types of aircraft shown on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets which will be despatched to you approximately two weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs. Any change in the identity of the carrier(s), flight timings, and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges. Please note the existence of a “Community list” (available for inspection at http://europa.eu.int/comm/transport/air/safety/flywell_en.htm) detailing air carriers that are subject to an operating ban with the EU Community. Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of the price of your arrangements from us. If the airline does not comply with these rules you should complain to the air transport users council on 02072406061 www.auc.org.uk. Any specific instructions concerning your travel arrangement shall be sent automatically to each e-mail address provided for each member of your group approximately 2 weeks before your departure date. Ski Power Ltd operates a “e-ticket” flight arrangement and so only e-tickets will be issued, it is therefore a condition of booking that all names provided to Ski Power Ltd exactly match the names on a travellers passport. In the circumstances where a name has been incorrectly provided or entered by the Client Ski Power Ltd accepts no responsibility for any charges that may be levied by the airline to resolve this matter or any costs incurred by the client should the flight depart without him/her or a member of his/her group. Ski Power Ltd cannot give any guarantee of departure or arrival times and/or resort transfer times. Ski Power Ltd cannot accept any liability for delays in your travel arrangements whether the delay is caused by adverse weather conditions, rescheduling of times by the airline, the airport authorities and / or the action of air traffic controllers mechanical breakdown, strike or industrial action, or otherwise. 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 etc. Children under 2. (Please note that your child must be under 2 on the date of the return flight). You may elect to purchase a seat for your child or alternatively fly with your child using a lap belt on your own seat. If you decide to purchase a seat then the full price including all taxes is payable. If you decide to fly with your child using a lap belt then no charge will be made for the flight element of your childs holiday, transfer costs would still apply. If you wish to bring your own car seat then these can be used, however only for children aged between 6 months and 36 months. Any car seat must be forward facing, have a 5 point harness and must conform to British Safety standards. Push chairs can also be loaded aboard at no extra charge. Pregnant women. If you are pregnant Excel airways, our carrier require you to have a medical fitness to fly certificate and do not accept women who are over 34 weeks pregnant on the date of flying (this applies to both outward and return flights) 7. Client Responsibility and Behaviour Any loss or damage caused by the Client or members of his/her party to property belonging to Ski Power Ltd, it’s agents, suppliers or staff, must be paid for in full. The Client accepts responsibility and liability for all members of his/her booking and agrees that Ski Power Ltd shall be entitled to recover any cost (estimated by Ski Power ltd if not precisely known) from the Client. Clients are responsible at all times for the safety of their personal baggage, documents and all ski equipment including rental equipment. Ski Power Ltd reserve the right, at our discretion, to terminate without notice and liability the holiday of any person whose behaviour is such that it is likely to disrupt the enjoyment of others on holiday or cause damage to property or any third party. Full cancellation charges apply and Ski Power Ltd will be under no obligation whatsoever for repatriation or any costs incurred by the Client or members of his/her party. As such the breach of this clause by any one member of a Clients group may result in Ski Power Ltd terminating the holiday of all members of the Clients group 8. Force Majeure Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of "force majeure". In these Booking Conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control. 9. Complaints and Problems In the unlikely event of any problem occurring during your holiday, a complaint must be made immediately to the resort manager. If the problem is not satisfactorily resolved, it should be referred by telephone to the Ski Power Ltd office before departure on 00 44 1737 306029 and confirmed in writing within 21 days following completion of the holiday. We regret we cannot accept liability for any complaints or claims which do not involve death, personal injury or illness, if you fail to notify the complaint or claim in accordance with this clause. Our resort staff are not authorised to promise any refund in respect of a client’s claim and no such promises will be upheld by the company. 10. Special requests and medical problems If you wish to make a special request, you must do so at the time of booking. We will try to pass any reasonable requests on to the relevant supplier but we cannot guarantee that requests will be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. If you or any member of your party has any medical problem or disability which may affect your chosen holiday arrangements, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, cancel when we become aware of these details. 11. Website Accuracy Please note, the information and prices shown 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 this information, 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. This website is our sole responsibility. It is not issued on behalf of and does not commit any independent organisation/carriers whose services are featured in it. You accept that Ski Power Ltd cannot be held responsible for any in-accuracies in descriptions other than those in our own marketing material. Therefore, If you have booked through any Travel Agent or other organisation, Ski Power Ltd cannot be held responsible for any in-accuracies in their descriptions. 12. Passports, visas and health requirements British or European citizens require a full passport or valid travel document for the holidays we offer. Requirements may change and you must check the up to date position in good time before departure. Information on health is contained in the Department of Health leaflet T6 (Health Advice for Travellers) available from your local Department of Health office and most Post Offices. For European holidays you should obtain a completed and issued form E111 (details in leaflet T6 referred to above) prior to departure. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure – including ensuring their validity extends beyond the end date of your holiday. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If you or any member of your party is not a British citizen or holds a non EU passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. 13. General Conditions Ski Power Ltd does not accept pets in any of the accommodation. For fire safety reasons, there is a no smoking policy in all of our catered chalets. Clients may only smoke on external balconies and terraces. We reserve the right to consider any guest failing to comply with this policy as “likely to cause damage to property” as defined in Clause 7. Your Holiday price does not include: a. Holiday Insurance and Government Insurance Tax b. The cost of return travel from Home to departure point c. Lift Pass, equipment hire and ski lessons d. Room supplements for reduced occupancy e. Handling fees for Credit cards f. Childcare g. Any travel unless specifically booked h. Airport Passenger duty, airport taxes and other airport levies i. Resort transfers unless specifically booked SECTION B - TERMS APPLICABLE TO PACKAGES14. Surcharges The prices quoted on our website have been costed at an exchange rate of 1.47 Euros equals £1.00. Once the actual price of your arrangements has been confirmed, no amendment will be made to it unless it is to make a correction to an error, or if our costs change as a result of an increase or decrease in transportation costs or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports or as a result of any changes in the exchange rates which have been used to calculate the cost of your arrangements. If any additional charge is greater than 10% of the cost of your arrangements (excluding insurance premiums and any amendment charges), you will be entitled to choose one of options (a), (b) and (c) as set out in clause 9 below. If you do not inform us of your choice within 14 days from the issue date printed on our additional charge invoice, we are entitled to assume that you will pay the additional charge. Any additional charge must be paid with the balance of the cost of the arrangements or within 14 days of the issue date printed on the additional charge invoice, whichever is the later. We will not levy an additional charge for the reasons stated in this paragraph within 30 days of departure. 15. Cancellation and Changes by Ski Power Ltd Because we begin planning the arrangements we offer many months in advance, we must reserve the right to make changes to and correct errors in holiday details both before and after bookings have been confirmed. We must also reserve the right to cancel confirmed bookings. However, we promise we will only cancel your confirmed booking 12 weeks or less before departure where you have failed to make full payment on time or as a result of circumstances outside our control/“force majeure” as defined in clause 8 above. Most changes are minor but occasionally, we may have to make a “significant change”. Examples of “significant changes” include the following when made before departure; a change of accommodation area for the whole or a major part of your holiday, a change of accommodation to that of a lower official classification for the whole or a major part of your holiday, a change of outward departure time or overall length of your holiday of sixteen or more hours. For the avoidance of doubt, a curtailment of our host service will not amount to a significant change. If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of the following options:- (a) (for significant changes) accepting the changed arrangements or (b) purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) or (c) cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us. If we have to make a significant change or cancel 12 weeks or less before departure, subject to the exceptions below, we will pay you the following compensation: Period before departure a significant change Compensation per person or cancellation is notified to you or your travel agent (excluding infants) More than 6 Weeks Nil 2 Weeks to 6 Weeks £30 2 Weeks or less £50
We will not pay you compensation where we make a significant change or cancel more than 12 weeks before departure or in the event that 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. We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. Very rarely, we may be forced by "force majeure" (see clause 8) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result. 16. Company Liability (1) We promise that your holiday arrangements will be made, performed or provided with reasonable skill and care. This means that we will accept responsibility if, for example, you suffer death or personal injury or your contracted arrangements are not provided as promised or prove deficient and that is the result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing your arrangements. Further, we will only be responsible for what our employees and suppliers do or do not do if they were at the time acting within the course of their employment or carrying out work we had asked them to do. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. (2) We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from: - ‑ 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 arrangements and which were unforeseeable or unavoidable or ‑ 'force majeure' as defined in clause 8 above. (3) We limit the maximum amount we may have to pay you for any claims you may make against us. The maximum amount we will have to pay you where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) is £75 per person affected unless a lower limitation applies to your claim under this clause or clause 10(4) below. For all other claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is an amount equivalent to 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 10(4) 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. (4) 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 any air, sea, rail or road carrier or on any stay in a hotel, the maximum amount of compensation we will have to pay to you will be limited. The most we will have to pay to 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 or 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 Montreal Convention for international travel by air , the Athens convention for international travel by sea). Where a carrier or hotel would not be obliged to make any payment to you for any reason under the applicable International Convention or Regulation in respect of a claim or part of a claim, we will not be obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request. In any circumstances in which the carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier; any sums you receive from the carrier will be deducted from any amount due from ourselves. (5) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you. (6) The standards and regulations of the country in which the facts giving rise to your claim or complaint occurred and the promises we make to you about your arrangements, will be used as the basis for deciding whether the arrangements in question were provided with reasonable skill and care. (7) This clause 10 is intended to set out our obligations to you as an organiser under the Package Travel, Package Holidays and Package Tours Regulations 1992. We will not accept any further or different liability than these Regulations impose. In addition, regardless of any contrary representations made by us, we only promise to use reasonable skill and care as set out above and we do not have any further or different liability to you. (8) You must tell us and the supplier concerned about your claim or complaint as set out in clause 9 above. If asked to do so, you must transfer to us or our insurers any rights you have against whoever is responsible for your claim or complaint and provide ourselves and our insurers with all co-operation and assistance that may be reasonably required. (9) We do not accept liability for (1) any damage, loss, expense or other sum(s) of any description which, based on the information you gave us at the time of booking, we could not have foreseen you would suffer or incur if we breached our contract with you; (2) any business losses. 17. Financial Protection The air packages and flights advertised and sold by Ski Power Ltd are ATOL protected, since we hold an Air Travel Organisers Licence granted by the Civil Aviation Authority. Our ATOL number is ATOL6933. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advanced booking. For further information, visit the ATOL website www.atol.org.uk. As a responsible Tour Operator, Ski Power Ltd has provided an Insurance Bond to meet the requirements of the Package Travel, Package Holidays and Package Tours Regulations 1992 in respect of non-flight inclusive packages only. These arrangements mean your money will be refunded or you will be brought back to the UK (where your contracted holiday arrangements include return travel to the UK) if already abroad in the unlikely event of our being unable to provide your holiday due to our insolvency. Note – repatriation will only be provided if the travel component of your trip was paid to us. SECTION B NON-PACKAGE BOOKINGSSpecial note on financial security – Except in the case of flight only bookings. if you have not booked a package with us your holiday arrangements will not be protected by the arrangements detailed in clause 17. In respect of flight only bookings our ATOL means that in the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advanced booking.
It is unlikely that we will have to
make any changes to your arrangements, but we do make plans many months in
advance and so must reserve the right to change the particulars and prices shown
in these web pages, in which case we will tell you before confirming your
booking. Occasionally changes and cancellations may have to be made after a
confirmation invoice has been issued, and we reserve the right to do so at any
time. If there is a major change to your arrangements (i.e. a change of resort
or a change to a lower standard of accommodation) or a cancellation we will
inform you or your travel agent as soon as reasonably possible if there is time
before departure and will offer you the choice of either accepting the changed
arrangements, taking another available holiday from us (and where this is
cheaper we will refund the difference but where it is more expensive you will
have to pay the difference), or cancelling your holiday and receiving a full
refund. We will not pay you compensation. Very rarely, we may be forced by "force majeure" (see clause 8) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
(2) We also have no liability in the following situations: (i) where the arrangements cannot be provided as booked due to circumstances beyond our control (ii) where you incur any loss or damage that could not have been foreseen at the time of your booking, based on the information provided by you. (iii) where you incur any loss or damage that relates to any business activity. (iv) where any loss or damage relates to any services which do not form part of our contract with you. (3) We limit the maximum amount we may have to pay you for any claims you may make against us. The maximum amount we will have to pay you where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) is £75 per person affected unless a lower limitation applies to your claim. For all other claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is an amount equivalent to 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. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday. (4) 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 any air, sea, rail or road carrier or on any stay in a hotel, the maximum amount of compensation we will have to pay to you will be limited. The most we will have to pay to 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 or 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 Montreal Convention for international travel by air , the Athens convention for international travel by sea). Where a carrier or hotel would not be obliged to make any payment to you for any reason under the applicable International Convention or Regulation in respect of a claim or part of a claim, we will not be obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request. In any circumstances in which the carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier; any sums you receive from the carrier will be deducted from any amount due from ourselves (5) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you. b (6) You must tell us and the supplier concerned about your claim or complaint as set out in clause 9 above. If asked to do so, you must transfer to us or our insurers any rights you have against whoever is responsible for your claim or complaint and provide ourselves and our insurers with all co-operation and assistance that may be reasonably required.
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or call +44 (0) 1737 306029 Copyright © 2007 Ski Power Ltd |
