1. Deposits and Bookings
No contract shall exist between the Client, which expression shall include all persons on whose behalf the Client books, and Ski Peak Limited (hereinafter called Ski Peak) until a Booking Form signed by the Client and an appropriate deposit has been received and confirmed in writing by Ski Peak. Deposits and insurance premiums are not refundable unless we are unable to accept your booking.
2. Payment of the Balance
Payment of the balance due must be made no later than 8 weeks before the departure date. For bookings within 8 weeks of the departure date the total cost of the holiday is immediately payable. In all cases Ski Peak reserves the right to cancel the holiday arrangements, without any obligation to refund or make alternative arrangements, where the Client fails to make payments as stipulated.
All prices have been based on an exchange rate of €1.25 = £1.00 and known costs as at 1st October 2013. There will be no surcharges levied once the full payment of your holiday has been received by Ski Peak. Until such time as full payment has been received we reserve the right to pass on the amount of any increases due to 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 airports imposed on us in connection with your holiday. No increase in costs as a result of currency fluctuations will be charged unless the exchange rate changes by more than 5%. In all cases Ski Peak will absorb an amount equivalent to 2% of the holiday price, excluding insurance premiums and any amendment charges. If this means paying more than 10% of the holiday price you will be entitled to cancel your holiday with a full refund of all money paid to Ski Peak except for any premium paid for holiday insurance and amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 14 days of the date of the invoice.
4. Financial Security
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under the Package Travel, Package Holidays and Package Tours Regulations 1992 for Ski Peak Limited, and in the event of their insolvency, protection is provided for the following:
- non-flight packages commencing in and returning to the UK;
- non-flight packages commencing and returning to a country other than the UK;
- flight inclusive packages that commence outside of the UK, which are sold to customers outside of the UK;
- accommodation only bookings;
1, 2, 3 and 4 provides for a refund in the event you have not yet travelled. 1 and 3 provides for repatriation. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with Ski Peak Limited.
5. Alteration or Cancellation by Ski Peak
In the unlikely event of Ski Peak making a major alteration to or cancelling a holiday, Ski Peak shall offer the client the choice of a holiday from the brochure (where the price is less Ski Peak will refund the difference) or alternatively a full refund. The client will be entitled to compensation in the event of Ski Peak making a major alteration to or cancelling a holiday, save for reasons beyond its control. This compensation is given according to the period by which alteration or cancellation precedes departure date: nil if more than 57 days before departure, £40 if 56-29 days before departure, £60 if 28-15 days before departure and £100 if less than 15 days before departure. Unless it involves a significant reduction in the time spent in the resort, a change in flight time, destination airport or carrier/type of aircraft by Ski Peak shall not constitute a major alteration.
6. Cancellation by the Client
Cancellation shall take effect only when written notification from the person signing the booking form is received by Ski Peak. Cancellation fees shall be levied according to the period by which cancellation precedes departure and are expressed by a percentage of the total holiday price (inclusive of extras) as follows: loss of deposit and insurance up to 57 days before departure, 35% if 56 – 43 days before departure, 55% if 42 – 29 days before departure, 75% if 28 – 15 days before departure and 100% if 14 days or less before departure. Travel documents, vouchers etc. must accompany the written cancellation in order for the latter to be effective. You may change your booking up to 14 days before departure by transferring it to another person if you are unavoidably prevented from travelling, and the transferee meets any conditions which may apply to the holiday and agrees to the terms of the booking agreement. The right of transfer is subject to the payment of an administration fee of £25 per person together with all additional charges of whatever sort imposed by the suppliers providing the component parts of your holiday charges.
Ski Peak cannot accept responsibility for clients missing aircraft due to late arrival of connecting aircraft or late check-in at the airport. Clients are responsible for the provision of all necessary valid documents. All UK nationals will require a valid full passport for travel to France. We advise that you apply for a full passport not less than 8 weeks before departure. No visas are required by UK nationals at the time of going to press.
8. Damage by and Behaviour of the Client
Ski Peak shall be entitled to recover from the Client the amount of all claims made against Ski Peak in respect of any damage caused by the Client to the accommodation or other property. The Client undertakes to deport himself in an orderly fashion and not to disrupt the enjoyment of others on holiday with him or to prejudice Ski Peak's reputation with the owners of its accommodation or its suppliers. The holiday of any client in breach of this clause shall be terminated and Ski Peak shall have no further contractual obligations towards him.
(i) Where you do not suffer personal injury or death, Ski Peak accepts liability should any part of your holiday arrangements booked with us not be as described in the brochure and not be of a reasonable standard. Subject to (iii) below, we will pay you reasonable compensation if this affects the enjoyment of your holiday. Any sums received by you from suppliers, such as from airlines due to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline's action) will be deducted from any sum paid to you as compensation by Ski Peak.
(ii) Where you suffer death or personal injury as a result of an activity forming part of your holiday arrangements with Ski Peak, we accept responsibility subject to (iii) and (v) below. Where such death or personal injury arises in the course of air travel, rail travel, sea travel or hotel accommodation, our liability and/or the amount of compensation you will receive will be limited in accordance with the provisions of any relevant International Conventions.
(iii) Ski Peak accepts liability in accordance with (i) and (ii) above unless the cause of the failure in your holiday arrangements or any death or personal injury you may suffer is not due to any fault on the part of Ski Peak or its servants, agents or suppliers, and was your own fault, or the actions of someone unconnected with your holiday arrangements or due to unusual or unforeseeable circumstances or events which could not have been anticipated or avoided by ourselves or our servants, agents or suppliers even with the exercise of all due care.
(iv) It should be noted that the acceptance of liability on our part referred to in (i), (ii), (iii) above is subject to assignment by you to Ski Peak of your rights against any servant, agent or supplier of Ski Peak which is in any way responsible for the failure of your holiday arrangements or any death or personal injury you may suffer.
(v) Where you book an optional excursion or make further arrangements for your holiday whilst in resort, or where you book such an excursion or make such extra arrangements through Ski Peak, whether before departure or whilst in resort, and make payment for such excursion or extra arrangements directly to the relevant supplier, Ski Peak accepts no liability for any failure in such arrangements, or any death or personal injury which you may suffer.
(vi) In respect of the provision of lift passes Ski Peak act as an agent and not as a principal.
10. Baggage of the client
All baggage and personal possessions remain at all times and in all circumstances at the owner's risk except where Ski Peak has proved to be negligent.
11. Complaints by the Client
Should you have any cause for complaint whilst on holiday, our local representatives should be immediately advised of your dissatisfaction so that remedial action, where possible, can be taken without delay. If you wish to pursue a claim against us, written notice must be given to us no later than twenty eight days after the end of your holiday.
These conditions and any contract to which they apply are governed in all respects by English Law.
Ski Peak Limited.
Windwhistle, Crossways Road, Grayshott, Surrey, GU26 6HD
Telephone: 01428 608070
Fax: 01428 608071