Terms and Conditions

 

Powder N Shine

 

Booking Terms & Conditions

 

These booking conditions, together with our privacy policy and our website terms and conditions of use, together with any other written information we brought to your attention before we confirmed your booking, set out the details of your booking with Powder N Shine Ltd, Registered Office: The Manor House, Bix, Henley On Thames, Oxon, RG9 4RS (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions, “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

 

By making a booking, the first named person on the booking (the lead name) agrees on their own behalf and on behalf of any additional persons detailed on the booking that:

 

1. He/she has read these terms and conditions and has the authority to and does agree to be bound by them;

 

2. He/she consents to our use of information in accordance with our Privacy Policy;

 

3. He/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;

 

4. He/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.

 

Our website offers accommodation, transfers and other services such as ski passes that are available to be purchased separately. In other words, you may decide to just purchase accommodation from us or you may decide to purchase accommodation and a transfer, ski pass etc. Whatever you decide, we will treat each element as a separate booking so that the price charged in total for the booking of more than one element will always equal the prices charged separately for each individual element. To help you to identify which element you would like to book, prices on our website are listed by element and each element of the booking is available to buy separately at the same price as it would be if more than one element is booked. This means that any multiple bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992. 

 

Our obligations to you will vary depending upon whether we act as a Principal in the sale of single-element bookings (such as accommodation only bookings – as described above), an agent to help you to arrange activity and holiday products or (very rarely) we may act as a Package Organiser in the sale of a package holiday. As such, our differing obligations are set out below, in four separate sections: Section A contains the conditions which will apply to all bookings. Section B contains the conditions which will apply where you make a single-element booking with us, where we are acting as Principal. Section C contains the conditions which apply to agency bookings. Section D contains the conditions which will apply when you make a booking with us where we act as the package organiser

SECTION A – APPLICABLE TO ALL BOOKINGS

 

1. Making A Booking

 

A booking is made with us when a) you tell us that you would like to accept our written or verbal quotation; b) you pay us a deposit (or full payment if you are booking within 8 weeks of departure); and c) we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion.

 

A binding contract will come into existence between you and us (or you and the Supplier/Principal, in relation to agency bookings) as soon as we have issued you with a booking confirmation invoice that will confirm the details of your booking. It is your responsibility to check this confirmation invoice and to urgently advise us if there are any errors or omissions. It is your responsibility to ensure that all names are shown exactly as written in each passenger’s passport. It may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.

 

Bookings can be made by telephone 0845 163 75 96 OR +44 7962 237 910 and / or email info@powdernshine.com.

 

2. Payment and Price Policy

 

We accept payment by electronic bank transfers, credit and debit cards by phone and cheques in order to make a reservation. If a booking is made 8 weeks or more before departure, a non-refundable deposit will be payable. A £150 deposit per person is ordinarily required at the time of booking, although this will be confirmed to you during the booking process, and the balance is due 8 weeks prior to your arrival. Reservations made within 8 weeks of arrival require full payment at the time of booking.

 

We cannot be held liable for any credit card, debit card or bank charges and any fraudulent use of credit cards will be reported to the police. If we do not receive all payments due in full by their due date we will treat the booking as cancelled by you and you agree to pay the cancellation charges as set out in the appropriate section, below.

 

We regret that Powder N Shine are unable to accept traveller’s cheques in resort.

 

Unless otherwise stated, all our prices are based on a per person basis on a minimum of double occupancy for the period indicated (usually 7 nights). Single occupancy of rooms is a £250 supplement. Each empty bed is £250 except for on peak weeks (Christmas, New Year, Half Term and Easter holidays), which are charged at 50%. Prices can be adjusted to comply with individual requirements.

 

All prices are quoted in Sterling pounds (£GBP) and based on prices current at the time of printing. The prices quoted, shown on our website and in supplementary promotional material apply at the time, however are subject to change without notice. The price of your arrangements will be confirmed on booking.

 

The costs of all standard taxes are included in our prices. Due to the financial commitments being made by us we regret that we are not able to make reductions in prices once a booking is made and confirmed even if special offers become available. Special offers are for new bookings only. You may not “amend” to take advantage of any discounts or special offers released after you have already booked.

 

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.

 

3. Accuracy

 

We endeavour to ensure that all of the information and prices both on our website and in any advertising material that we issue are accurate; however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the course or arrangements that you wish to book before your booking is confirmed.

 

4. Special Requests

 

If you have any special requests, please let us know at the time of booking. We will pass on all such requests to the supplier but we do not guarantee that they will be met and we will have no liability to you if they are not.

 

5. Insurance

 

Adequate travel insurance (and in particular full winter sports travel insurance) is a condition of your contract with either us or the supplier in question, as applicable. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. Failure to disclose relevant information may affect your insurance. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.

 

6. Fitness to Travel and Medical Conditions

 

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate in the tour. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.

 

7. Behaviour

 

All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booked arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

 

8. Passports, Visas and Health

 

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.

 

Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. Please note some countries require 2-3 blank pages at the end of your passport. For further information contact the Passport Office on 0870 5210410 or visit www.passport.gov.uk.

 

Special conditions apply for travel to the USA, and all passengers must have the appropriate visa and individual machine readable passports. Please check www.usembassy.org.uk For European holidays you should obtain a completed and issued form EHIC prior to departure.

 

Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk.

 

Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.

 

We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.

 

Health facilities, hygiene and disease risks vary worldwide. You should take health advice about your specific needs as early as possible. Sources of information include; www.fco.gov.uk, www.hpa.org.uk, and www.nathnac.org, your General Practitioner or a specialist clinic.

 

9. Complaints

 

Where we are acting as agent: 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 abroad, this must be reported to the representative / 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.

 

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.

 

Where you have booked a single-element booking or package holiday with us: In the unlikely event of problem occurring during your holiday, a complaint should be made immediately whilst in resort, either to the local Powder N Shine representative (if any), Chalet staff or relevant supplier. You can also formally register your complaint at the time, by filling out a customer report form (available on request from the Chalet staff or relevant supplier). If your complaint cannot be resolved locally, you should then write to us with 28 days of your return, quoting your booking reference number. Upon receipt of your letter or email, we will acknowledge it within 5 days, investigate the points raised and reply with 28 days or, if this is not possible, send you an interim letter advising of our progress.

 

 

10. Force Majeure

 

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and all similar events outside our control or the control of the supplier concerned.

 

11. Law and Jurisdiction

 

These terms and conditions are governed by English law and any dispute arising between the parties is subject to the exclusive jurisdiction of the courts of England and Wales (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).

 

12. Excursions

 

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 not run, supervised or controlled in any way by us. They are provided by local operators or other third parties who are entirely independent of us. They do not form any part of your contract with us even where we suggest particular operators/other third parties and/or assist you in booking such activities or excursions in any way.

 

We cannot 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 endeavour to pass on this information at the time of booking.

 

13. 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.

 

14. 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 which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

 

15. Pets

 

Powder N Shine Ltd does not accept pets in our accommodation (unless a guide dog is required).

 

16. No Smoking

 

For fire safety reasons, there is a no smoking policy in our catered chalets Flocon des Neiges, Le Chamois and Sapin de Reberty. 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.

 

17. Saunas/Jacuzzi

 

Where sauna and/or jacuzzi facilities are provided in the chalet, or other similar services, the use of these 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 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.

 

18. Bed linen/towels

 

The chalet includes bed linen andtwo bath towels and two hand towels per person per week. Towels are changed Wednesdays and Saturdays. We also provide bath robes and slippers for our clients to make use of the spa area.

 

19. Check in/out

 

Accommodation is normally available from 3pm on the day of arrival and you should anticipate checking out before 10am on the day of departure.

 

20. Access

 

We regret that our chalets are not suitable for wheelchairs or people who have difficulty climbing stairs.

 

21. Rooms

 

Please make specific enquiries when booking to ensure the accommodation meets your requirements.

 

22. Meals

 

Meals are included with your booking, however on the chalet host’s day off, only a Continental breakfast will be provided. Lunch however is not included with your booking.

 

23. Cots

 

These are usually available and should be requested at the time of booking. Cot linen is not usually provided. Please note we cannot guarantee that cots will meet British safety standards, and that the inclusion of a cot may restrict room space. Please contact us for further information.

 

24. Baby food

 

Powder N Shine Ltd cannot provide baby food, but are happy to assist with preparation of your own baby food.

 

25. Supervision of Children

 

Children must be supervised at all times by their parent/guardian and Powder N Shine Ltd accept no liability for failure to do so. Please note that Children are not allowed in the saunas in our chalets Flocon des Neiges, Le Chamois and Sapin de Reberty and MUST be fully supervised at all times in and around the hot tub area.

 

26. Lost Property

 

In the event that clients lose property while on holiday or leave items in the chalet when returning home, no responsibility will be accepted by Power N Shine Ltd in the event that the property is not recovered, returned or returned in a damaged state.

 

27. Other Groups

 

Powder N Shine Ltd reserve the right to have additional guests staying in the chalet unless the whole chalet is booked.

 

28. Live in Staff

 

Powder N Shine staff live in Flocon des Neiges, Le Chamois, Neve and Sapin de Reberty on the bottom floors.

 

29. Arrival & Departure Day

 

On your arrival day, you are welcome into our chalet from 3pm. Unfortunately, if you arrive earlier we can’t let you in until the property has been turned around following our previous clients. You are very welcome to leave you luggage in our garage until 3pm.

 

All guests need to leave the property by 10am on departure day, so that the chalet can be turned around for the following guests. You are however welcome to leave you luggage in our chalet until you leave, if you have a later flight.

 

If you have a late arrival post 9pm, we are unable to offer you the full 4 course evening meal. However, if you arrive in between 9 and 10pm you should expect main and dessert + teas and coffees. From 10pm, we are able to offer you a cold buffet (hams, cheeses, breads, teas and coffees). We hope that you will arrive in time for aperitifs and canapés at 7pm followed by our delicious 4 courses! Please do let us know if you will be late so we can prepare.

 

SECTION B: PRINCIPAL BOOKINGS

 

This section applies to all single element bookings (i.e. accommodation only or ski-pass only bookings) where your contract is with Powder N Shine Ltd. You’ll know whether your contract is with us as it will be specified on your confirmation invoice. Please read this section in conjunction with Section A of these Booking Conditions.  

 

30. Changes Made by You

 

If you wish to change any part of your booked arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable (see below).

 

Please note: Certain arrangements may not be amended, even to change a name, after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

 

31. If You Cancel Your Booking

 

If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We recommend that you use recorded delivery. Cancellation charges for the arrangements will be as follows:

 

Period before departure within which notice of Cancellation by you is received	Amount of cancellation charge
56 days or more	Loss of deposit
55 – 42 days	50% of cost of booking
41 – 14 days	75% of cost of booking
Less than 14 days	100% of cost of booking

 

32. If We Change or Cancel Your Booking

 

We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.

 

Very rarely, we may be forced by “force majeure” (see clause 10) to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.

 

33. Our Responsibilities

 

• Subject to the remainder of this clause, 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 service in question or any acts or omissions of the supplier, its employees or agents.

 

• We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-

 

• the act(s) and/or omission(s) of the person(s) affected; or

 

• the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or

 

• unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or

 

• an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

 

• We limit the amount of compensation we may have to pay you if we are found liable under this clause:

 

• 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.

 

• Claims not falling under (a) 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 you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.

 

• 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.

 

• Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

 

• Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) 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 (b) relate to any business.

 

• 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.

 

SECTION C: AGENCY BOOKINGS

 

This section applies to bookings we make for you when acting as agent. Please read this section in conjunction with Section A of these Booking Conditions.  

 

34. Your Contract

 

When making your booking we will arrange for you to enter into a contract with the supplier (“Supplier/Principal”) named on your booking confirmation. As an agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the services provided by the Supplier/Principal. The Supplier/Principal’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.

 

35. Cancellation and Amendment

 

Any cancellation or amendment request must be sent to us in writing, by email, fax or post, and will take effect from the day we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your arrangements. The Supplier/Principal 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 £50 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.

36. Changes or Cancellations by the Supplier/Principal

 

We will inform you of any changes or cancellations made by the Supplier/Principal as soon as reasonably possible. If the Supplier/Principal 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/Principal 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/Principal under your contract with them.

 

37. Our Responsibility for Your Booking

 

Your contract is with the Supplier/Principal and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements 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 the commission earned in relation to your booking (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: PACKAGE HOLIDAY BOOKINGS

 

This section only applies to Package Holidays booked with us as Organiser. Please read this section in conjunction with Section A of these Booking Conditions.  

 

38. 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.

 

39. Pricing

 

The price of your travel arrangements will be quoted to you and payable in the local currency required to book such arrangements. From time to time this may mean that you receive an invoice quoted in Euros, where this is the case, we will require you to make your payment in Euros (and not GBP) into the designated accounts.

 

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 variations in:

 

• transportation costs, including the cost of fuel; or
• dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports; or
• the exchange rates used to calculate your arrangements.

 

Such variations could include but are not limited to cost changes which are part of our contracts with transport providers.

 

We will absorb and you will not be charged for any increase equivalent to 2% of the price of your arrangements, which excludes any amendment charges and/or additional services or arrangements. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission (where applicable). If this means that you have to pay an increase of more than 10% of the price of your confirmed arrangements (excluding any amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another course or travel arrangements 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 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.

 

Should the price of your arrangements 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.

 

There will be no change made to the price of your confirmed arrangements within 30 days of your departure nor will refunds be paid during this period.

 

40. Changes by You to Your Package Booking

 

If you wish to change any part of your Package after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable.

 

If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 28 days before departure and you pay an amendment fee of £50 per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.

 

Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.

 

41. If You Cancel Your Package Booking

 

If you decide to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We recommend that you use recorded delivery. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below (the cancellation charge detailed is calculated on the basis of the total cost payable by the person cancelling, excluding amendment charges which are not refundable in the event of the person to whom they apply cancelling).

 

Period before departure within which notice of Cancellation by you is received	Amount of cancellation charge
56 days or more	Loss of deposit
55 – 42 days	50% of cost of booking
41 – 14 days	75% of cost of booking
Less than 14 days	100% of cost of booking

 

If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

 

We will deduct the cancellation charges from any monies you have already paid to us.

 

Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.

 

42. If We Make a Change or Cancel Your Package Holiday

 

As we plan your holiday arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.

 

Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include change of accommodation to another of the same or higher standard.
Occasionally we may have to make a major change to your confirmed arrangements. ”Examples of “major changes” include the following, when made before departure:

 

• A change of accommodation area for the whole or a significant part of your time away.
• A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
• A change of outward departure time or overall length of your arrangements of twelve or more hours.
• A significant change to your itinerary.

 

Cancellation: We will not cancel your travel arrangements less than 56 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your arrangements before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.

 

If we have to make a major 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:

 

• (for major changes) accepting the changed arrangements;
• having a refund of all monies paid; or
• accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).

 

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.

 

Compensation: If we cancel or make a major change less than 56 days before departure, we will pay compensation as detailed below. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

 

Period before departure within which notice of Cancellation or major change is notified to you	Compensation payable per person booking
56 days or more	Nil
55 – 42 days	£20
41 – 14 days	£30
Less than 14 days	£40

 

IMPORTANT NOTE: We will not pay you compensation in the following circumstances:

 

• where we make a minor change;
• where we make a major change or cancel your arrangements more than 56 days before departure;
• where we have to cancel your arrangements as a result of your failure to make full payment on time;
• where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
• where we are forced to cancel or change your arrangements due to Force Majeure (see clause 10).

 

Please note: where arrangements with a higher price than the original arrangements booked is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if arrangements are offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you.

 

If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.

 

43. Our Responsibilities to You in respect of Package Holidays

 

• 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 negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: 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 tour. 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.

 

• We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

 

• the act(s) and/or omission(s) of the person(s) affected; or
• the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
• unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
• an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.

 

• We limit the amount of compensation we may have to pay you if we are found liable under this clause:

 

• 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 an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.

 

• Claims not falling under (a) 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.

 

• Claims in respect of international travel by air, sea and rail, or any stay in a hotel

 

1. 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); 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.

 

1. 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.

 

• 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.

 

• Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

 

• Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) 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 (b) relate to any business.

 

• 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.

 

44. Delays, Missed Transport Arrangements and other Travel Information

 

If you or any member of your party miss 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 the airline or other transport supplier concerned immediately. Please also contact us so that we can take steps to prepare for your late arrival, if possible. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.

 

The Package Travel (etc.) Regulations 1992 provide that in the event that you experience difficulty on the occurrence of circumstances described in clauses 43 (2) (a) (b) (c) or (d) of these booking conditions, 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.