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Booking Conditions & Fair Trading
Terms
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It is important that you read and understand the
following booking conditions. Together with the
general information on this website, the literature
describing your holiday components and the booking
form, they will form part of the holiday
contract.
If
you would like further clarification on any aspect,
please call us on 0844 576 0175.
Your
contract is between all persons named on your booking
form ('you') and Ski Collection a trading name of
Peak Retreats Ltd (registered in England 4382873)
('us') and is made under the law of England. We will
only deal with the lead name in all subsequent
correspondence, including amendments and
cancellations.
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·
ABTA
·
Your Financial
Protection
·
Complete Price
Guarantee
·
Confirmation
·
Balance
·
If You Change Your
Booking
·
If You Cancel Your
Holiday
·
If We Change or Cancel
Your Holiday
·
Insurance
·
Passports, Visas & Health
Requirements
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·
Our Liability to
You
·
Your Accommodation &
Safety
·
Travel Delays &
Cancellation
·
Personal
Injury
·
Any Problems -
Complaints
·
Resolving
Complaints
·
Law &
Jurisdiction
·
Website
Accuracy
·
General
·
Privacy
Policy
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1.
ABTA
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We are a
member of ABTA membership number W5537 and we are
obliged to maintain a high standard of service to you
by ABTA's Code of Conduct.
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2.
YOUR FINANCIAL PROTECTION
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The Package
Travel, Package Holidays and Package Tours
Regulations 1992 require us to provide security for
the monies that you pay for the package holidays
booked from our website and for your repatriation in
the event of insolvency. We provide security
for the monies that you pay for the holidays booked
from our website. We provide this security by
way of bond held by ABTA.
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3.
COMPLETE PRICE GUARANTEE
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The price of
your holiday is fully guaranteed and will not be
subject to any surcharges after our confirmation
invoice has been issued. We however reserve the right
to alter the prices of any of the holidays shown on
our website. You will be advised of the current price
of the holiday that you wish to book before your
contract is confirmed. The price of your holiday was
calculated using an exchange rate of €1 = 0.90
GBP.
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4.
CONFIRMATION
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When you make
your booking you must complete a booking form,
accepting on behalf of all your party the terms of
these booking conditions and pay a deposit as
detailed in 'How to book your holiday' in the price
insert. The party leader must be over 18. A contract
will exist only when we issue our confirmation
invoice. It is important that you check all your
details shown on the confirmation invoice carefully
to ensure they are correct as this forms the basis of
the contract. Any discrepancies should be brought to
our attention within 7 days of issue otherwise the
details shown on the confirmation invoice will be
presumed to be correct.
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5.
BALANCE
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The balance
of the price of your holiday must be paid at least 8
weeks before the departure date. If the booking is
made less than 8 weeks prior to departure, the total
cost of the holiday is payable immediately. If the
balance is not paid in time, we shall cancel your
travel/accommodation arrangements, retain your
deposit, and apply cancellation charges as set out
below.
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6.
IF YOU CHANGE YOUR BOOKING
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If, after our confirmation invoice has been issued,
you wish to change your travel arrangements in any
way, for example your chosen departure date or
accommodation, we will do our utmost to make these
changes but it may not always be possible. Any
request for changes to be made must be in writing
from the person who made the booking. Minor
amendments (i.e. change of car or addition of
passengers) are made free of charge up to 4 weeks
before departure. For other amendments you will
be asked to pay an administration charge of
£25, and any further cost we incur in making
this alteration. 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. You may transfer your booking
to another person subject to a £25 charge,
however the personal insurance premiums are not
refundable or transferable and the new party will
also be required to have personal insurance.
Note:
Certain travel arrangements (e.g. Train Tickets) may
not be changeable after a reservation has been made
and any alteration request could incur a cancellation
charge of up to 100% of that part of the
arrangements.
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7.
IF YOU CANCEL YOUR HOLIDAY
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You, or any
member of your party, may cancel your travel
arrangements at any time. Written notification
from the person who made the booking on your behalf
must be received at our offices. Since we incur
costs in cancelling your travel arrangements, you
will pay the applicable cancellation charges up to
the maximum shown in clause 8. Unused holiday
elements such as lift passes, equipment hire or
en-route hotels will be treated as full cancellation
and cannot be refunded.
Note: If the reason for your cancellation is covered
under the terms of your insurance policy, you may be
able to reclaim these charges.
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8.
IF WE CHANGE OR CANCEL YOUR HOLIDAY
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It
is unlikely that we will have to make any changes to
your travel arrangements, but we do plan the
arrangements many months in advance.
Occasionally, we may have to make changes and we
reserve the right to do so at any time. Most of
these changes will be minor and we will advise you of
them at the earliest possible date. We also
reserve the right in any circumstances to cancel your
travel arrangements. However, we will not
cancel your travel arrangements less than 8 weeks
before your departure date, except for reasons of
force majeure or failure by you to pay the final
balance. If we are unable to provide the booked
travel arrangements, you can either have a refund of
all monies paid or accept 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). If it is
necessary to cancel your travel arrangements, we will
pay to you compensation as set out in this
clause.
Please
note that carriers such as Ferry companies may be
subject to change. Such a change is deemed to be a
minor change. Other examples of minor changes include
alteration of your outward/return crossing by less
than 12 hours, change of accommodation to another of
the same standard.
If
we make a major change to your holiday, we will
inform you as soon as reasonably possible if there is
time before your departure. You will have the
choice of either accepting the change of
arrangements, 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), or cancelling your
booked holiday and receiving a full refund of all
monies paid. In all cases, except where the
major change arises due to reasons of force majeure,
we will pay compensation as detailed below:
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Period before departure within which notice of
cancellation or major changes is received by us
or notified by you
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If we make a major change to your
holiday
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If we cancel your holiday
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If you cancel your holiday
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Amount you will receive from us
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Amount you will receive from us
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Amount of cancellation fee
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More than 42 days
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Nil
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Deposit only
(or 25% of holiday cost)
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Deposit only
(or 25% of holiday cost)
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Between 41 and 28 days
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£20**
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100% of holiday cost* + £20**
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45% of holiday cost*
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Between 27 and 14 days
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£30**
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100% of holiday cost* + £30**
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60% of holiday cost*
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Between 13 and 9 days
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£35**
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100% of holiday cost* + £35**
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75%of holiday cost*
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Between 8 and 0 days
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£40**
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100% of holiday cost* + £40**
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100% of holiday cost*
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*
The holiday cost for cancellations is defined as the
total invoiced amount less the insurance premium(s),
which are non-refundable since insurance cover is
effective from the time of booking
confirmation.
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per adult (+16yrs)
Force
Majeure: This means that we will not pay you
compensation if we have to cancel or change your
travel arrangements in any way because of
unusual or unforeseeable circumstances beyond our
control. These can include, for example, war, riot,
industrial dispute, terrorist activity and its
consequences, natural or nuclear disaster, fire,
closure of ports, adverse weather conditions.
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9.
INSURANCE
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Comprehensive
personal and medical travel insurance (with winter
sports cover if required) must be in place for
all members of the party at the latest before
the final balance due date.
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10.
PASSPORTS, VISAS & HEALTH
REQUIREMENTS
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British
citizens require a valid full passport. Visas are not
required for travel to France. If you do not have
valid documents you will not be able to travel. The
carrier may be subject to a fine if you try to travel
without the correct documentation and we reserve the
right to recover any such charge from the passenger.
For citizens of other countries, up to date
information on passport and visa requirements can be
supplied on request. It is mandatory that you have
all necessary documents, e.g. passports and/or visas,
to enter the countries which you intend to visit and
for re-entry into the UK.
High
Altitude: Some of our resorts are high altitude
resorts and may not be suitable for people with
certain medical conditions. In any event always check
with your doctor as to which health requirements are
advisable before you travel. Information on health is
available on the Department of Health website
at
www.dh.gov.uk/travellers European
citizens are advised to obtain a European Health
Insurance Card (EHIC) from the above website or the
Post Office. Any treatment received may have to be
paid for initially and only a percentage may be
refundable so it is not a replacement for travel
insurance.
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11.
OUR LIABILITY TO YOU
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If the
contract we have with you is not performed or is
improperly performed by us or our suppliers we will
pay you appropriate compensation if this has affected
the enjoyment of your travel arrangements. However we
will not be liable where any failure in the
performance of the contract is due to: you; or a
third party unconnected with the provision of the
travel arrangements and where failure is
unforeseeable or unavoidable; or unusual and
unforeseeable circumstances beyond our control, the
consequences of which could not have been avoided
even if all due care had been exercised; or an event
which we or our suppliers, even with all due care,
could not foresee or forestall. Equally we will not
be responsible for your disappointment as a result of
unrealistic expectations.
Our
liability, except in cases involving death, injury or
illness, shall be limited to a maximum of 3 times the
cost of your travel arrangements. Our liability will
also be limited in accordance with and/or in an
identical manner to
(a) The
contractual terms of the companies that provide the
transportation for your travel arrangements.
These terms
are available on request; and
(b) Any
relevant international convention, for example the
Athens Convention in respect of travel by sea, the
Berne Convention in respect of travel by rail and the
Paris Convention in respect of the provision of
accommodation, which limit the amount of compensation
that you can claim for death, injury, delay to
passengers and loss, damage and delay to luggage. We
are to be regarded as having all benefit of any
limitation of compensation contained in these or any
conventions.
You can ask
for copies of the transport companies' contractual
terms, or the international conventions, from our
offices.
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12.
YOUR ACCOMMODATION & SAFETY
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You
undertake to accept the holiday accommodation
allocated to your booking and to take responsibility
and exercise reasonable care in respect of your
accommodation and its equipment. It is our aim at Ski
Collection that your holiday is safe and trouble
free. We are actively working to raise safety
standards of accommodation overseas and will, of
course, do our best to ensure that. In return we ask
that you be mindful of your own duty of care and give
thought to your own and other members of your party's
safety whilst you are away. Local regulations may
mean that the layout and services within your
accommodation are different from those to which you
may be accustomed. Accommodation compliance is always
with respect to local regulations. Current travel
advice is readily available from the Foreign &
Commonwealth Office (www.fco.gov.uk).
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13.
TRAVEL DELAYS & CANCELLATION
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As we only
book clients on scheduled transport services we rely
on the respective carriers to handle arrangements for
our clients in the event of delays or
cancellations.
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14.
PERSONAL INJURY
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(Unconnected
with arrangements made by us.)
If
you, or any member of your party, suffer death,
illness or injury whilst overseas arising out of an
activity which does not form part of your package
travel arrangements or an excursion arranged through
us, we shall at our discretion, offer advice,
guidance and assistance. Where legal action is
contemplated and you want our assistance, you must
obtain our written consent prior to commencement of
proceedings. Our consent will be given subject
to you undertaking to assign any costs, benefits
received under any relevant insurance policy to
ourselves. We limit the cost of our assistance
to you or any member of your party to
£5,000.
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15.
ANY PROBLEMS – COMPLAINTS
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We are
confident that you will enjoy your holiday but in the
unlikely event that you do encounter a problem you
must immediately notify the relevant local owner,
caretaker, supplier who will endeavour to put things
right. If your complaint cannot be resolved locally,
please follow this up within 28 days of your return
home by writing to our Managing Director at 2.4
Central Point, Kirpal Road, Portsmouth, Hants PO3 6FH
or e-mail us at
managing.director@skicollection.co.uk
giving your
original booking reference number and all other
relevant information. If you fail to follow this
simple procedure we will have been deprived of the
opportunity to investigate and rectify your complaint
whilst you were in resort and this may affect your
rights under this contract.
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16.
RESOLVING COMPLAINTS
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It is always
our aim to settle any complaints amicably. However,
should this not be possible, any dispute arising out
of or in connection with this contract may be
referred to arbitration under a special scheme
offered in conjunction with ABTA. It provides for a
simple and inexpensive method of arbitration on
documents alone with restricted liability on you in
respect of costs. Full details will be provided on
request or can be obtained from the ABTA website
at
http://www.abta.com/heretohelp.shtml.
The Scheme
does not apply to claims for an amount greater than
£5,000 per person. There is also a limit of
£25,000 per booking form. Neither does it apply
to claims which are solely in respect of physical
injury or illness or their consequences. The Scheme
can however deal with compensation claims which
include an element of minor injury or illness subject
to a limit of £1,000 on the amount the
arbitrator can award per person in respect of this
element. The application for arbitration and
Statement of Claim must be received by the Chartered
Institute of Arbitrators within nine months of the
date of return from the holiday. Outside time limit
arbitration under the Scheme may still be available
if the company agrees, but the ABTA Code does not
require such agreement. For injury and illness
claims, you may like to use ABTA / Chartered
Institute of Arbitrators Mediation Procedure. This is
a voluntary scheme and requires us to agree for
mediation to go ahead. The aim is to help you resolve
your dispute in a quick and cost effective way.
Details on request or from
www.abta.com.
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17.
LAW & JURISDICTION
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The contract
between us and any matters arising from it will be
governed by and construed in accordance with English
law and are subject to the jurisdiction of the Courts
of England and Wales.
We will only
deal with the lead booking name in all subsequent
correspondence, including amendments and
cancellations.
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18.
WEBSITE ACCURACY
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Whilst
every effort is made to ensure the accuracy of our
website, regrettably errors do occasionally occur. At
any time changes can take place that are beyond our
control. You must therefore ensure that you check all
details of your chosen holiday (including the price)
with us at the time of booking. On occasions,
especially during low season, certain facilities or
amenities such as swimming pools, restaurants and
other local facilities such as ski lifts etc may not
be open or available as advertised due to
maintenance, weather conditions, lack of demand or
for other reasons outside our control.
We
plan our holiday programme many months in advance and
therefore it may sometimes be necessary to make
changes to the holidays described on our website. We
therefore reserve the right to change any holiday
details, including the price, before you book, in
which case we will tell you before the holiday
contract takes effect.
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19.
GENERAL
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Bookings
are made subject to the terms and conditions of ferry
operators and property owners for whom Ski Collection
act as agents.
The
relevant carriers 'Conditions of Carriage' will apply
to your journey, some of which exclude or limit
liability. Copies can be made available on request.
Transport operators featured assume no responsibility
for the contents of our website.
Credit
card payment will incur a 1.85% charge in respect of
all transactions.
The
maximum number of occupants for each accommodation
unit detailed in our description should under no
circumstances be exceeded. Our suppliers are
instructed to refuse admission or evict as necessary
to comply with this condition.
We
will always pass on any special requests and try to
meet them but cannot guarantee to do so. However
please note that special requests do not form part of
our contractual agreement.
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20.
PRIVACY POLICY
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Please be
assured that we have measures in place to protect the
personal booking information held by us. This
information will be passed on to the relevant
suppliers of your travels arrangements. The
information may also be provided to public
authorities such as customs or immigration if
required by them, or as required by law. Certain
information may also be passed on to security or
credit card checking companies. We will only pass
your information on to persons responsible for your
travel arrangements. This applies to any sensitive
information that you give us such as details of
disabilities, or dietary requirements. If we cannot
pass this information to the relevant suppliers, we
will be unable to provide your booking. In making
this booking, you consent to this information being
passed on to the relevant persons. Full details of
our data protection policy are available upon
request.
The general
information pages of our website must also be read in
conjunction with Ski Collection's conditions of
booking.
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Call us on 0844 576 0175 or email us at
reservations@skicollection.co.ukif
you would like further clarification on any aspect of
the above info.
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Updated
09/02/12
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