The following Booking Conditions together with the General Information contained in our brochure or on our website apply to your booking with Ski Amis Limited. Please read them carefully as they set out our respective rights and obligations.
In these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date). “We”, “us” and “our” means Ski Amis Limited.
We act in the following capacities: as a Principal in the sale of Package Holidays and single element bookings and as an Agent on behalf of the suppliers of Ski extras to help you to arrange individual holiday products such as Ski School, Ski Hire and Ski Passes. Our obligations to you may vary depending upon which arrangements you book with us, and we have tried to set them out below as clearly as possible. Section A contains the conditions which will apply to all bookings. Section B applies to Package bookings and Section C applies to Agency bookings. Additionally, Section D contains the supplementary conditions which will apply when you book Transfer Services with us.
Please note: we do not accept bookings for or otherwise provide flight arrangements.
SECTION A – APPLICABLE TO ALL BOOKINGS
1. Making a booking
Bookings can be made by telephone on +44 (0)20 3411 5439, or via our website www.skiamis.com. The first named person on the booking (the party leader) is responsible, on behalf of all persons named on the booking, for all matters relating to the booking including payments.
Once we have received your booking and all appropriate payments (see clause 2 below), we will, subject to availability, confirm your holiday by issuing a confirmation invoice to the party leader by email. A binding contract between us or the supplier in question and you comes into existence only when all payments have been received and we have dispatched a confirmation and invoice either on behalf of ourselves or the supplier in question to the party leader.
Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within 10 days of our sending it out (5 days for tickets). We will do our best to rectify any mistake notified to us outside these time limits but you must meet any costs involved in doing so. The only exception to this requirement to meet costs is where the mistake in question was made by us and there is good reason why you did not tell us about it within these time limits.
2. Payments and Pricing
In order to confirm your chosen holiday, a deposit of £100 per bed for catered chalets or 30% of the total holiday cost in the case of self catered apartments, or full payment if booking within 10 weeks of departure must be paid at the time of booking. Other payment arrangements may be in force for specific special offers – if such conditions (such as early payment discounts) apply to your booking you will be notified in writing. Payments for additional services provided in resort are due by the day before your arrival, unless an agreement to pay in cash on arrival has been made by us in writing.
The party leader is responsible for all payments due to us for the reservation. All payments must be made by credit or debit card, or bank transfer. We are unable to accept payment by cheque without prior arrangements and multiple card payments (for example separate payments for each party member) will only be accepted by prior arrangement with us. For online bookings, and bookings less than two weeks before the departure date, payments must be made by credit or debit card only. Credit card payments will incur a processing charge of a 2% of the total invoice value. Please ask for details at the time of booking. Full payment of the balance invoice is due no less than 10 weeks prior to the commencement of the holiday and earlier payment dates may be applicable for certain discount schemes. If payment is not received by the due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions. Where you have booked a package, you will be subject to our cancellation charges. See section B below.
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.
All payments made by credit or debit card will be transacted in euros through our French bank and sterling amounts will be therefore be converted into euros at the prevailing rate of the bank (Banque Populaire) at the time of the transaction. These exchange rates are outside of our control. We cannot take any responsibility for differences in exchange which may occur when the transaction is processed by your UK bank or any charges which may be applied by your bank. If you wish to avoid any currency exchange risk on sterling invoices, payment may be made in sterling by bank transfer to our UK account. All bookings for services in resort such as ski passes, lessons or equipment rental are only priced in euros and can only be paid in euros.
Where a group discount is offered, the party leader must make the group’s reservation on one booking. The group must also be prepared to share rooms where necessary to maximise the capacity of the chalet. Where child prices are offered, they apply only where children are occupying bunk rooms or designated child beds – child occupancy of other rooms or beds will incur the full adult price unless otherwise agreed in writing. All children under 13 years of age in catered chalets are provided with a child menu unless otherwise requested at least one week in advance of your holiday – such upgrade will be subject to a surcharge when a child price has been paid for the room.
Where early payment or early booking discounts are applied to a booking, the payments must be received according to the terms of the discount scheme. In the event that payments are not received by the due date, the discount will automatically be removed from the booking.
Please Note: in order to qualify for any discounts which we offer from time to time on holiday arrangements, you must purchase Ski Passes with us alongside a booking of catered or self-catered accommodation. If Ski Passes are not included in your booking with us, any advertised discounts will not apply. If certain members of your party do not intend to ski during your holiday, please contact us and we can discuss waiving this requirement in relation to those individuals only.
You must be adequately insured for winter sports and must confirm to us that you have such insurance in place. Please read your policy details carefully and take them with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs and it is your responsibility to deal with any claims on your insurance during and after your holiday. We do not check alternative insurance policies.
5. Brochure/Website Accuracy
Please note, the information and prices shown in our brochure and/or 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 the brochure, website 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.
6. 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. For UK citizens, 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 and you should obtain a European Health Insurance Card (EHIC) (details in leaflet T6 referred to above) prior to departure. For citizens of other countries, you should check requirements locally before 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 in fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
7. Client Responsibility and Behaviour
Any loss or damage caused by you or any members of your party to property belonging to Ski Amis Ltd, it’s agents, suppliers or staff, must be paid for in full by you. You are responsible at all times for the safety of your personal baggage, documents and all ski equipment including rental equipment. We reserve the right, at our discretion, to terminate without notice and liability the holiday of any person whose behaviour is such that it is causes offence to our staff or other guests, is likely to disrupt the enjoyment of others on holiday or cause damage to property or any third party. We will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination
Pets are not accepted in any of the accommodation offered by Ski Amis Ltd (other than where specifically mentioned in some of the self catered properties).
For fire safety and legal reasons, there is a no smoking policy in all of our catered chalets and many of the self catered apartments. 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” and take the steps outlined in Clause 7 accordingly.
Where sauna and/or jacuzzi facilities are provided in the chalet, or other similar services, the use of the same is at the client’s own risk. Clients are advised to read and abide by the safety notices posted in the chalets regarding the use of these facilities. Where such facilities are provided, we or the supplier in question will do our utmost to ensure that they are in full working order throughout your holiday. However, we cannot accept claims for any unforeseen breakdown or mechanical failure which might prevent such facilities being operational. We further reserve the right to close such facilities, without notice and without compensation, if the rules and safety notices relating to their use are not followed by Clients, particularly where we consider there to be any sort of safety risk.
Where any of our properties are advertised as including Wi-Fi or other internet access we can provide no assurances or guarantees as to the reliability or availability of this internet access. Internet connections are prone to regular service drops (be it a complete loss of connection or slow speeds) in ski resorts and we can accept no liability for any poor quality or loss of internet access that you experience during your stay.
9. Conditions of suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions (see clause 21 (3)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
10. Special requests and medical problems
If you have any special request (including dietary requirements in catered chalets), you must advise us in writing at the time of booking. Although we will endeavour to pass any reasonable requests on to the relevant supplier, we regret we cannot guarantee any request will be met unless we have specifically confirmed this in writing. Special requests and dietary requirements cannot be accommodated unless they have been advised to us in advance. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
In certain circumstances you may also be required to pay a small supplement to your holiday cost in order to cater for certain dietary requirements. This excess is simply to cover the increased cost to us of providing different food ingredients and, where such a charge applies, you will be advised at the point that you inform us of your requirements.
We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
If you or any member of your party has any medical problem or disability which may affect your holiday, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
11. Excursions, activities and brochure /website information
The information contained in our brochure and on our website is correct to the best of our knowledge at the time of going to print. We may provide you with information (in our brochure and/or website and/or when you are on holiday) about activities and excursions which are available in the area you are visiting.
We have no involvement in any such activities or excursions which are neither run, supervised nor controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way. We cannot accept any liability on any basis in relation to such activities or excursions. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.
We cannot guarantee accuracy at all times of information given in relation to such activities or excursions or about the resorts/area you are visiting generally (except where this concerns the services which will form part of your contract) or that any particular excursion or activity which does not form part of our contract will take place as these services are not under our control. If you feel that any of the activities mentioned in our brochure which are not part of our contract are vital to the enjoyment of your holiday, write to us immediately and we will tell you the latest known situation. If we become aware of any material alterations to resort/area information and/or such outside activities which can reasonably be expected to affect your decision to book a holiday with us, we will pass on this information at the time of booking.
12. Safety standards
Please note, it is the requirements and standards of the country in which any services which make up your holiday are provided which apply to those services and not those of the UK. As a general rule, these requirements and standards will not be the same as the UK and may sometimes be lower.
13. Complaints and Problems
Where we are acting as Principal (in the sale of a Package or single element accommodation booking), in the unlikely event of any problem occurring during your holiday which is not satisfactorily resolved by the chalet host or local resort manager, a complaint must be made immediately during your holiday by telephone to the Ski Amis Ltd office in France on local number +33 (0)4 79 55 52 57 or UK number +44 (0)203 603 7512 or by email to email@example.com and confirmed in writing within 14 days following completion of the holiday. For all complaints and claims which do not involve personal injury, illness or death, we regret we cannot accept any liability if you fail to notify the complaint or claim entirely in accordance with this clause
Where we are acting as an agent, in the sale of Ski extras – such as Ski Passes, Ski Hire and Ski School, the contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. Please note - we can provide 24-hour assistance with emergencies, in our capacity as agent – i.e. by way of assisting you in liaising with the supplier to resolve any problem that you are experiencing. If you require such assistance, please contact us on the number provided. If you wish to complain when you return home, write to the supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish - please contact us.
In either scenario if, despite our best efforts and having followed the above procedures for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we may recommend that it is referred for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close. Details of this scheme are available from ABTOT, 86 Jermyn Street, LONDON, SW1Y 6JD. This scheme cannot decide in cases where the sums claimed exceed £1500 per person or £7500 per booking form, or for claims which are solely or mainly in respect of physical injury or illness or the consequence thereof.
14. Force Majeure
Except where otherwise expressly stated in these booking conditions, we regret that neither we nor the supplier in question can 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 (including snow conditions), traffic conditions, fire and all similar events outside our or the supplier concerned’s control.
Information you provide to us during the booking process will remain within our organisation and will be used only for the purposes of providing the holiday you have requested. We never provide your details to any third party organisation, except where necessary to suppliers who are involved in the provision of your holiday. Your name and email address will be included in our mailing list for the distribution of our brochure and email newsletters – if you wish to be removed from this mailing list, you may request us to do so at any time. Your email address will be used only for the purposes of keeping you updated about our services and offers and for communication in connection with your holiday. It will never be provided to third parties for any reason. If you wish your email address to be removed from our system after the completion of our holiday, you may request this at any time. Credit and debit card information is held electronically only with the secure systems of the card processing organisation and not within our internal systems.
16. Law and Jurisdiction
These Terms and Conditions are governed by the English Law. We both agree that any dispute, claim or other matter which arises out of or in connection with these Terms and Conditions or your holiday will be dealt with by arbitration as referred to in clause 13 (if the scheme is available for the claim in question) 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 may be brought in the Courts of your home country. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract governed by the law of Scotland/Northern Ireland as applicable.
SECTION B: PRINCIPAL BOOKINGS
This section only applies to bookings that you make where we are the Principal to your contract, i.e. where we are providing the arrangements ourselves. Typically, this will be where you book catered or self-catered accommodation or transfers with us.
This section will apply to Package Holidays booked with us as Organiser and single element bookings, such as self-catered accommodation or transfer bookings only.
17. Definition of Package:
A “Package Holiday” exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package. Where you have booked a Package Holiday with us, we will accept responsibility for it in accordance with these Booking Conditions as an “Organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. The price of your confirmed holiday is subject at all times to changes in transport costs such as fuel, and any other cost changes which are part of our contracts with transport providers; and to changes in the currency exchange used to calculate your arrangements and to rates, dues, taxes or fees chargeable for services any or all of which may result in a variation of your holiday price.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus any applicable administration charges. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period.
Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
19. Cancellation and Changes by the Client
If you wish to cancel all or part of your booking after it has been confirmed, we must be notified in writing by the party leader. We will acknowledge your cancellation within 2 days of receipt. Please contact us immediately if you have not received our acknowledgement within this time. Cancellation charges will be applied at the date of receipt of the cancellation by us. 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 amendment charges. Amendment charges are not refundable in the event of the person(s) to whom they apply cancelling.
- More than 10 weeks before departure - Loss of deposit
- 6-10 weeks of departure date - 50% of total cost.
- 2-6 weeks of departure date - 75% of total cost.
- 2 weeks or less of departure date - 100% of total cost.
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. Where any cancellation reduces the number of full paying party members below the number on which the price, number of free places and/ or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly.
Should you wish to make any alterations to your confirmed booking, you must notify us as soon as possible in writing. We will endeavour to accommodate your request but this may not always be possible. Where it is possible, we will charge you an amendment fee of £20 per person plus any costs incurred by us or charges or costs incurred or imposed by our suppliers. If the alteration is within 10 weeks of departure, we reserve the right to treat it as a cancellation, in which case the cancellation charges set out above will apply.
20. Cancellation and Changes by Ski Amis Ltd
We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in brochure and/or website and/or other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we make every effort to ensure this does not happen, sometimes it is unavoidable and we will ensure the party leader is informed as soon as possible.
In most cases these changes are minor and while we will do our best to notify you of any changes as soon as reasonably possible if there is time before your departure, we will have no other liability to you. Examples of “minor changes” include the following when made before departure:
- A change of outward departure time or overall length of your holiday of twelve hours or less.
- A change of accommodation to another of the same standard or classification.
Occasionally, we may 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 as a tour operator, we can reasonably expect to have a major effect on your holiday. Significant changes are likely to include the following changes when made before departure;
- A change of accommodation to that of a lower official classification or standard for the whole or a major part of the time you are away.
- A change of accommodation area for the whole or a major part of the time you are away.
- A change of outward departure time or overall length of your arrangements of twelve or more hours.
If we have to make a significant change or cancel, we will tell you as soon as possible. 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
b) accepting an offer of alternative arrangements of a similar standard to that originally booked, if available (we will refund any price difference if the alternative is of a lower value);
c) cancellation of the booking and a full refund of all monies paid
Please note, the above options are not available where any change made is a minor one.
You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
If we have to make a significant change or cancel, less than 60 days before departure, we will also pay compensation as detailed below:
Period before departure within which
notice of Cancellation or major change is notified to you
Compensation payable per person
60 days or
59 - 43
42 – 22
21 – 11 days
10 days or
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 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.
21. Our Responsibilities to You
(1)(A) – Where we have sold you a Package Holiday
We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(1)(B) – Where you have made a single element booking (i.e. accommodation only)
We have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the booking in question or any acts or omissions of the supplier, its employees or agents.
In respect of all Principal bookings:
(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 the services contracted for and which were unforeseeable or unavoidable or
- 'force majeure' as defined in clause 14 above
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) for loss of and/or damage to any luggage or personal possessions and money:
the maximum amount we will have to pay you in respect of these claims is £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind;
(b) for claims not falling under 3(i) above and which don’t involve injury, illness or death:
the maximum amount we will have to pay you in respect of these claims is twice the price 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 or your party has not received any benefit at all from your booking.
(c) for claims in respect of international travel by air and sea, or any stay in a hotel:
i) the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); EU Regulation 392/2009 (relating to the Liability of carriers of passengers by sea in the event of accidents); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
ii) In any circumstances in which a 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.
iii) 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.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and/or our website and we have not agreed to arrange them and any excursion you purchase in resort.
(6) 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 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 regulations 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 regulations of the UK which would have applied had those services been provided in the UK.
(7) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which 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) which 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. 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 your 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.
22. Financial Protection
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under the Package Travel, Package Holidays and Package Tour Regulations 1992 for Ski Amis Limited, and in the event of their insolvency, protection is provided for the following:
a) Non-flight packages commencing in and returning to the UK
b) Non-flight packages commencing and returning to a country other than the UK; and
c) Flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK.
A, B and C provides for a refund in the event you have not yet travelled. A and C provides for repatriation. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Ski Amis Limited.
23. Delays, Missed Transport Arrangements and other Travel Information
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
The Package Travel Regulations provide that in the event that you experience difficulties, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
SECTION C – AGENCY BOOKINGS
This section applies to bookings we make for you when acting as agent. This will apply where you make a booking with us for Ski extras such as Ski School, Ski Hire and Ski Passes.
24. Your Contract
We act as an agent in the sale of Ski extras (i.e. Ski School, Ski Hire and Ski Passes) advertised on our website or in our brochures. Accordingly, when making a booking for Ski extras we will arrange for you to enter into a contract with the supplier named on your confirmation invoice and/or receipt. As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The supplier’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.
If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their booking conditions. In this event we will also charge you an administration fee of £20. Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned.
26. Cancellation and Amendment
Any cancellation or amendment request must be sent to us in writing and will take effect from the day we receive it. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the supplier of your arrangements. The supplier may charge the cancellation or amendment charges shown in their booking conditions (which may be as much as 100% of the cost of the arrangements and will normally increase closer to the date of departure). In addition we may ask you to pay an administration fee of £20 per person for any amendments. You will be notified of the exact charges at the time of amendment or cancellation and it is recommended that you contact us prior to amendment or cancellation in order to confirm the charges applicable. Please ensure that you have received written confirmation of any changes to your booking prior to travel.
27. Changes or Cancellations by the Supplier
We will inform you of any changes or cancellations as soon as reasonably possible. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them.
28. Our responsibility for your booking – Agency Bookings
Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the Ski extras. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the Ski extras that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booked Ski extras (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
SECTION D – BOOKINGS FOR TRANSFER SERVICES
The following Supplementary Terms and Conditions Apply where you book Transfer Services with us.
1. The terms and conditions defined below are in addition to our Standard Terms and Conditions of Booking which still apply to all reservations. The additional terms described here relate specifically to the provision of airport or rail station transfer services and do not affect any of the main terms and conditions.
2. All transfers are provided on the basis of a shared service (unless specifically confirmed as an “exclusive use or dedicated service”) and you will be scheduled with other guests who are arriving at approximately the same time going to the same or nearby destination. Occasionally, there may be a stop en-route to transfer guests to another vehicle if they are going to a different destination, but we will not unnecessarily delay or re-route your journey via stopping points that are not on the normal route. A shared service means booking a seat on a vehicle and does not guarantee necessarily travelling at any specific time or with specific people therefore your group may be split across several vehicles in order to maximise the occupancy of our vehicles. When booking, a minimum charge is applied for bookings of less than 4 people travelling on the same flight. Since we guarantee to provide the service within the service levels given below, this minimum charge is applied to cover the risk to us of having to operate a loss making vehicle and does not imply that the service is dedicated. You are still likely to be travelling with other guests and no price adjustment will be made – however, in the event that there are no other guests able to share within our service levels we guarantee to still provide the service to you at a loss.
3. Whilst we do our utmost to avoid any long waits at the airport, we do reserve the right to schedule guests together where flights are scheduled to land within two hours of each other. However, in the event of one or more flights being delayed, this may occasionally involve a wait longer than originally anticipated but we request your co-operation and sympathy for the person who has a delayed flight as if it is you in that situation, you would appreciate our driver and other guests waiting for you.
4. In the event of a flight delay, we guarantee to wait for up to one hour after the scheduled arrival time of the flight. We may wait longer but this will depend on other guests and the remaining schedule for the driver and minibus. In all cases, you MUST contact us as soon as you are able when you are aware of a delay – we can then keep in touch with you for the necessary arrangements. We do track all incoming flights via the airport departure and arrival systems but this information is sometimes not as up to date as we may wish and contact directly with the passenger is essential.
5. In the event that we are unable to wait and your flight is delayed more than one hour, we will provide another transfer at the earliest possibility. We will often be able to provide this within the scope of our own transfer operation without any additional charges but we reserve the right to make an additional charge equivalent to the cost to us of providing the service, should we have to use an external service provider or make an additional journey specifically for your group. The cost may be more than the original cost of the transfer but we will not add any surcharge over and above the cost to us. You should ensure your travel insurance provides cover for these costs under the delay protection section and we will provide the necessary documentation required by your insurance company on request.
6. We reserve the right to refuse transport to 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 other passengers.
7. Smoking and the consumption of alcohol are forbidden on board our vehicles.
8. The minibus will not stop en-route for shopping, food collection or other purposes. A short convenience stop will be provided if necessary but stopping is limited to a few minutes.
9. Children and infants are provided with a seat in the vehicle and will be charged at the same rate as adults – they are not allowed to sit on parents laps in any circumstances. For the transport of young children and infants, we will provide baby-seats and booster seats as required but it is your responsibility to specifically request these when making your transfer booking. Baby seats will be provided for infants under 2 years of age and booster seats for children from age 2 years to 5 years. If you require any other arrangements, you must let us know at the time of booking.
10. In the event that you only book a Transfer Service and no other arrangements with us, our responsibility for your booking will be as follows:
We will have a duty to select the suppliers of the Transfer Services making up your booking with us with reasonable skill and care. However, we will have no liability to you for the actual provision of the Transfer Services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents. We do not however exclude liability for the negligence of ourselves or our employees resulting in your death or personal injury.